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HomeMy WebLinkAbout94-06850 ~, ~ o ~ W I i . -7 I -+ J -~. \'}" /! j o l{) Do ~ , ?'fflrp:Vr/~/ f3iP -vVr/ 1u-'1'V'il,:t1/ ~(nj t"t ;1 /1 fT (I ,1/ "1'~'~'/ -... / / - ,.-., 'l,;..,')-""J;', J ,1'.';/ _,_ " ,.'/ . _' , ' ,f -,,,. '-' < >' potential income which could have arisen from the dealership. III. PRINCIPLE ISSUES OF LIABILITY AND DAMAGES plaintiff provided services in an unprofessional and negligent manner. Plaintiff induced Defendants to enter into the contract through misrepresentation, and has breached the contract by failing to perform at a reasonable standard. IV. LEGAL ISSUES There are no unresol ved legal issues known to the Defendants at this time. Plaintiff has agreed that their Praecipe for Listing Case for Trial improperly listed the matter for trial without a jury. This matter is to be heard before a jury pursuant to Defendants request. V. IDENTIFICATION OF WITNESSES 1. Dr. Larry DiPietro 2. Doug Tilley 3. Jim Nardo VI. IDENTIFICATION OF EXHIBITS 1. All time sheets of employees of plaint:iff, including: a. Kostecky b. Johnson c. Guyas d. Sherman e. Hershey f. Smith g. Erb , $11,555.27 plus lawful interest. The value of Plaintiff's services is derived from rates that were enumerated in the parties' contract. Plaintiff provided monthly invoices that fully documented all services. IV. LBGAL ISSUBS REGARDING ADMISSIBILITY 0' EVIDBNCB. Defendant has indicated it will seek to introduce evidence of an offer to settle this matter for a sum less than the full amount sought. Plaintiff objects to the admissibility of any such evidence and hereby motions this Court to refuse to hear any evidence of an offer to compromise. For a full discussion of the issue, Plaintiff respectfully refers this Court to Plaintiff's Brief in Support of Motion in Limine, attached hereto as Exhibit "A." Counterclaim 2 of Defendant's Answer and Counterclaims seeks to introduce evidence of alleged preliminary negotiations, conversations or verbal agreements that directly contradict the May 17, 1993 written agreement of the parties. Plaintiff objects to the admissibility of any such evidence and hereby motions this Court to refuse to hear any evidence of an offer to compromise. For a full discussion of the issue, Plaintiff respectfully refers this Court to Plaintiff's Brief in Support of Motion in Limine, attached hereto as Exhibit "A." - 2 - V. IDENTIFICATION OF WITNESSES. 1. John M. Kostecky, Jr. 2. Daniel Vodzak. 3. Doug Tilley. 4. J.R. Spease. VI. IDENTIFICATION OF EXHIBITS. 1. Plaintiff's invoices directed to Defendant. 2. Plaintiff's daily time sheets for Employee Long. 3. Plaintiff's daily time sheets for Employee Johnson. 4. Plaintiff's daily time sheets for Employee Kost. 5. Plaintiff's daily time sheets for Employee Tilley. 6. Plaintiff's daily time sheets for Employee Guyas. 7. Plaintiff's daily time sheets for Employee Sherman. 8. Plaintiff's daily time sheets for Employee Hershey. 9. Plaintiff's daily time sheets for Employee G. Smith. 10. Plaintiff's daily time sheets for Employee Erb. 11. Plaintiff's daily time sheets for Employee Fake. 12. Plaintiff's daily time sheets for Employee Secary. 13. Plaintiff's daily time sheets for Employee Lonergan. 14. correspondence of June 17, 1993 from Plaintiff to Hampden Township, with enclosures. 15. Correspondence of June 21, 1993 from Plaintiff to Hampden - 3 - Township, with enclosures. 16. Correspondence of July 6, 1993 from Plaintiff to Hampden Township, with enclosures. 17. correspondence of July 23, 1993 from Plaintiff to Hampden TownShip, with enclosures. 18. correspondence of July 28, 1993 from Plaintiff to Hampden Township, with enclosures. 19. Correspondence of August 25, 1993 from Plaintiff to CUmberland county conservation District, with enclosures. 20. Correspondence of August 27, 1993 from Plaintiff to PennDOT, with enclosures. 21. correspondence of July 30, 1993 from Hampden TownShip to Plaintiff. 22. correspondence of September 23, 1993 from CUmberland County Conservation District to Plaintiff. 23. correspondence of December 4, 1995 from Plaintiff to John W. Frommer, Esquire. 24. Correspondence of June 15, 1995 from Plaintiff to Jennifer Osborne, with enclosures. 25. Correspondence of July 17, 1995 from Hampden Township to Plaintiff. 26. Correspondence of February 6, 1990 correspondence from Plaintiff to Capital Vending Company. - 4 - II. PRBLIMINARY NBGOTIATIONS. CONVBRSATIONS AND VERBAL AGRBEMENTS. Counterclaim II of Defendant's Answer with Counterclaims seeks to introduce evidence of alleged preliminary negotiations, conversations or verbal agreements that allegedly directly contradict the May 17, 1993 written agreement between the parties. However, such evidence is inadmissible to contradict a written agreement. Gianni v. R. Russel and Co.. Inc., 281 Pa. 320, 126 A.791 (1924); R.T.C. v. Urban RedevelODment Authoritv, 536 Pa. 219, 638 A.2d 972 (1994). In Gianni, the supreme Court stated Pennsylvania's version of the Parol Evidence Rule: "where parties, without thought or mistake, have deliberately put their engagements in writing, the law declares the writing to be not only the best, but the only, evidence of their agreement. All oreliminarv neqotiations. conversations and verbal aqreements are merqed in and suoerseded bv the subsequent written contract...and unless fraud, accident or mistake be averred, the writing constitutes the agreement between the parties, and its terms cannot be added to nor subtracted from Parol Evidence. Gianni, 126 A. at 792 (emphasis added)." The parties intended that the May 17, 1993 agreement be the only evidence of their agreement. In viewing the parties' intention, this Court cannot hear testimony, but rather it must look only at the written contract and the alleged prior agreement. Gianni. Gianni further directs the Court to employ two tests to determine the parties' intention. First, the Trial Court must determine whether the writing - 2 - was intended as a complete contract between the parties. This is done by looking at the written contract, and If it appears to be a contract complete within itself "couched in such terms as import a complete legal obligation without any uncertainty as to the object or extent of the engagement, it is conclusively presumed that the whole engagement of the parties I and the extent and manner of their undertaking are reduced to writing." Gianni, 126 A. at 792 (citations omitted). Second, the Court must determine whether the parties intended that the alleged prior or contemporaneous agreement should also be enforced or whether it was intended to be merged or integrated in the written contract. This can be answered by comparing the two, in determining whether parties, situated as were the ones to the contract, would naturally and normally include the one in the other if it were made. l! thev relate to the same sub1ect matter and are so interrelated. that both would be executed at the same time. and in the same contract. the scooe of the subsidiarv aareement must be taken to be covered bv the writina. Gianni, 126 A. at 792. considering the first test, it is clear that the May 17, 1993 agreement was intended as a complete contract between the parties. The agreement references the specific project to be undertaken by Plaintiff, and provides specific hourly rates for each specific service to be provided by Plaintiff. Moreover, the agree~ent goes further to provide and explain what expenses are DQt included in the hourly rates, such as reimbursable expenses of postage, transportation, and the like. Finally, the agreement specifically requires a countersignature - 3 - indicating that the proposal is accepted. The contract was countersigned and executed by an authorized agent of Defendant. Given theoe specific terms of the agreement, and the requirement of a countersignature, it is clear that the terms of the agreement import an obligation without any uncertainty. Regarding the second test, it is clear that the May 17, 1993 agreement is an integrated and complete written contract between the parties. Defendant will seek to allege that Plaintiff agreed to a $5,000 cap for its service. However, if such a cap were agreed to by both parties, it is clear that such an agreement would naturally and normally be included in the May 17, 1993 agreement. Moreover, the alleged preliminary negotiations and the written agreement relate to the exact same subject matter. Because the subject matter of the alleged preliminary negotiations and the written contract are so interrelated, one would naturally expect that both agreements would be executed at the same time, in the same contract. However, this is not the case because any alleged cap for the fees was never agreed upon and therefore never included in the executed contract. Thus, under the second test of Gianni, this Court must conclude that any alleged prior negotiations or alleged prior agreements must be taken to be covered by the May 17, 1993 written agreement. - 4 - 04/30/1~~G 10:12 71 72347225 DEBCRAH A HU:iHES ES PAGE 02 united States BankrUptay Court VOLUNTARY Middl. District af p.nnsylvania PETITION IN IE' CN'" 01 dtbl..) II'M 0' JOINT 011101 upouo,) '8ro-~ICh 'al.., IDa. . ALL OINEl IWII' ...od by dtblo' In Ih. 1111 , vnro ALL OTHI. HAMIl Ulod by Jolnl doblo' In Ih. I... 6 VO'" IOC. &Ic./IAX 1.0. MO. Clf ..,. thon ono. '1.1. .\1) IOC. IIC./IAX 1.0. NO. CII ..,. thon one, .1.10 .11) 23-2581132 21-113122 IIMktl ADO.... 0' D..TOR .I.1Ef ADDIII. Of ~OINT O"IDA 8232 'a.~ ~~iA41. 110&4 +I I( d. _ MlcbaDleab8rv, pA 110811 CllIIIH 0' IUlDENCl/IlJBUIU, CIIab.daJId ~" 0' .1I10Illtl/IU.INIII, LTrJ .~ MAILING ADDRESS O' DEDIOI MAIII.G ADDRIIS O' JOINT OIITDI ~r~ IQC1TION 01 'RINCIPAL AI lET. 0' IUBINISI OllTaR IIIJIUI CChaek .... bod 5232 'a.t TriAdl. aca4 111 0",0. hu boon doalcllod or hll hod 0 rllldoneo prlnclpel MachaAlc.b8rg. PA 1701111 ploco 01 bull...., or prlnol~l ....to In Ihll olll,l.t for 180 clIyI 1-'llnlv procodl"" dolo 01 Ihlo petltl... A' 10' · 1_0. po,t 0' .uch 180 dol" than In tITf olh., alolrle.- I I TIl.,.. I. . blnkruplOV .... o_.mlno doblO." ./lllla", aonor.l pt,mor, or ptrtnorohlp pondl.... In thla Dlnrl.l. INFOIKATlON IlGARllIIO OllTaR (ChICk oppll.Oblo bo.tll) _0 llPl 0' DEIlDA CIW'TD aR aeCTlDN 0' IAXdlJlICY call IDA pnlTlOll I I Irdl.ldutl I I c..".,"1on NlIlOlr N.ld VlI Choptar 7 I I Chopto. 11 I I Chlpt" 13 I I ~otnl CNllIbord · 1111.) VlI C..".rotlon la' PIA> lcly N.ld I I Ch,:r" 9 I I Chopu. 12 I 1 .... 3D' I I p.,tne,lIIlp I 1 1IlII1.lpolltY 'ILlNG CChock ono bo.t) I I Olher m "".... I.. ottlChod NAME 01 OUT I I ,IIIno f.. 10 bo ptld In lnol.llaonl. I I Non-lllIln.../COIII- III IUlI...1I . C"",lotl All bolOll IIAMI AND MIldS. 0' \.All 11I11 CIl A TTDlNlY .. TYrI O. IUIIN'" CCII..k ....) I I 'a..ln; ( I T.onape,nllon I 1 CC8DdlIV .r..... 211 IIOUlI nun " I 1 .,.'...'....l I I "....It.turl.../ I I CanoINOII... ro lOX "1 III ..11111\110111.10 MInIng I 1 R.1l """ aaaaI'.~1.. 17101-0'11 I I 1IIl,ood I ) ....kbrohr I 10th.. 11II1...0 (117)214-5 211 I. IIII'IY OISCIIIE NAfUll OF IU.INIIS NNlICS) Of ATlllllllY(S) DUIIllIATID TO IIPRIIINT OUIDI Sal.. aDd .arwic. of Ku~pe&n &~tceobil.. 1)eborala A. .UVbla. At'toml' 31060 II.IISTICAL/AOIlINlllIAIIYI IN'DIIlATION CU...C. I 604) THIS BPACI 'CIl COURI USE ONLT I ) Oob.., ...1..... Iha. fundi will be ...11..1. ,.. dll.,lbUllon 10 unllOUrod .rodll.r.. Itl DObIO' ...1..1.. Ih'I, .11.. ony o.oopt propt,ty I. o.cluded ond ldalnll'''CCyt ..,...~ 6-01179 ptld, Ih." will be no f.... a..ll.bl. lor dlll.lllull... 10 ......urod ..adll - . -- - ISTIMAIED IUK8(R OF CREDITORS ~ 1-1' 16-49 50-99 100-199 lOO-m looo-oYl' ~--_.- . !Xl I ) I ) I I ( I I I 1:' LED :;~"::. IITIMATED ASSETS (In Ihaullneb 01 doll..I) Undo. '0 '0-99 100-499 '00-999 1000'9999 10,000.99,000 100,ooo'0II.r II II II II II II t I EITIMAIID LIABIIITIIS Cin Ihouolndl of doll.rel undo. SO '0-99 100-499 '00-999 1000-9999 10,000'99,000 100,OOO.ovlr , . IXl I I I I I I I I II I I ! APR30;~ . liT. NO. OF EIIPIOYIIS - tH. 11 & 12 OMLT 0 '-lY ZO-99 100-'" 1000"ov.r i t I t I ( I II II liT. NO. OF EQUIIT SEOU~ITf HOlD IRS - CH. 11 & 12 ONLY .r.... A. ....Ilh 0 1.19 20-99 100-499 SOO..owr II Il ( I [ I II ~l .., lr'4 11.""'0'''''' 0:.-.-, -:~.-:::--". .-. .-- . ,.. . ,........... "'EUEF ORDERED R-91" 1112341225 04-30-96 II. 16AM P002 1141 9. Denied. paragraph 9 is denied as the averments contained therein do not adequately or correctly set forth the actual professional services provided by the Plaintiff. 10. Denied. Paragraph 10 is denied as the averments contained therein do not adequately or correctly set forth the actual professional services provided by the Plaintiff. 11. Admitted in part. Denied in part. Paragraph 11 is admitted to the extent Defendant did receive, on or about June 14, 1993, the invoice referenced as Plaintiff's Exhibit "2". Paragraph 11 is cenied to the extent Plaintiff's Exhibit "2" does not adequately or correctly set forth the actual services, or value thereof, provided to Defendant. 12. Admitted in part. Denied in part. Paragraph 12 is admitted to the extend Defendant did receive, on or about July 1, 1993, the invoice referenced as Plaintiff's Exhibit "3". Paragraph 12 is denied to the extent Plaintiff's Exhibit "3" does not adequately or correctly set forth the actual services, or value thereof, provided to Defendant. 13. Admitted in part. Denied in part. Paragraph 13 is admitted to the extent Defendant did receive, on or about September 1, 1993, the invoice referenced as Plaintiff's Exhibit "4". paragraph 13 is denied to the extent Plaintiff's Exhibit "4" does not adequately or correctly set forth the actual services, or value thereof, provided to Defendant. 2 14. Denied. Paragraph 14 is denied for the reasons set forth in paragraphs 8 through 13 above, incorporated fully herein. 15. Admitted. 16. Denied. Paragraph 16 is denied to the extent it attempts to portray Defendant had an obligation to provide payment to Plaintiff for the amounts billed. Said obligation did not exists for the reasons set forth in paragraphs 8 through 13 above, incorporated fully herein. 17. Denied. Paragraph 17 is denied to the extent it attempts to portray Defendant had an obligation to provide payment to Plaintiff for the amounts billed. Said obligation did not exists for the reasons set forth in paragraphs 8 through 13 above, incorporated fully herein. 18. Denied. Paragraph 18 contains a conclusion of law to which no responsive pleading is required. Waiving none of the foregoing, to the extent a response is required, paragraph 18 is hereby denied. 19. Admitted. WHEREFORE, Defendant EuroTech Sales, Inc. respectfully requests this Honorable Court enter judgment for Defendant, and against Plaintiff. COUNTERCLAIM I NEGLIGENCE 20. paragraphs 1 through 19 are incorporated herein as if more fully set forth herein. 3 21. Defendant negotiated with Plaintiff to obtain Plaintiffs' ar::hitectural services in connection with certain property in Hampden Township, on which Defendant intended to develop an auto sales business. 22. Plaintiffs owed a duty to Defendant to provide services in a reasonable and professional manner. 23. Plaintiffs services tailed to meet the standard reasonably provided by architects under similar circumstances. 24. Plaintiff continuously submitted improper plans to Hampden Township thereby necessitating additional time and expense. 25. Due to Plaintiffs' failure to perform in a reasonable and professional manner, Defendant could not meet the permit requirements of Hampden Township. 26. By failing to meet Hampden Township's permit requirements, Defendant lost its option to purchase certain property. 27. Said option was purchased at a price of Eight Thousand ($8,000.00) Dollars. 28. Due to Plaintiffs action and the result of such actions, as set forth above, Defendant was unable to finalize its plans or developments. 29. Due to Plaintiffs' actions, Defendant was unable to establish the proposed auto dealership, and obtain the financial benefit from such. 4 COUNTERCLAIM II BREACH OF CONTRACT 30. Paragraphs 1 through 29 are incorporated herein as if fully set forth. 31. Pursuant to the May 17, 1993 correspondence, previously identified as Plaintiff's Exhibit "1", Plaintiff and Defendant conducted verbal discussions pertaining to the total cost of Plaintiffs' prospective services. 32. Plaintiffs, through its agents and employees, indicated said costs would be for less than that which was eventually billed. 33. Plaintiff indicated that the initial drawings and surveys would be no more than Five Hundred ($500.00) Dollars. 34. In direct contravention of the misrepresentations set forth above, Defendants first bill was for Two Thousand Three Hundred Forty-one and 08/100 ($2,341.08) Dollars. 35. Plaintiff indicated that the total charges for all services rendered would not exceed Five Thousand ($5,000.00) Dollars. 36. Said verbal conununications, and cost estimates arising therefrom, were implied terms of any contract entered into between Plaintiff and Defendant. 5 37. Plaintiffs attempt to obtain additional amounts of money from Defendant for the services rendered is a breach of contract. WHEREFORE, Defendant EuroTech Sales, Inc. respectfully requests this Honorable Court enter judgment for Counterclaim Plaintiff, and against Counterclaim Defendant in an amount in excess of Twenty Thousand ($20,000.00) Dollars. Said amount is greater than that requiring compulsory arbitration. COUNTER CLAIM III BREACH OF COVENANT OF GOOD FAITH AND FAIR DEALING 38. Paragraphs 1 through 37 are incorporated herein as if fully set forth. 39. Plaintiffs' charges for services rendered do not reflect the actual services provided. 40. Plaintiffs have continuously double billed for services rendered. 41. Plaintiffs' invoices do not reflect reasonable or customary charges for like services. 42. Plaintiffs' invoices greatly exceed all initial estimates provided to Defendant. 43. Defendant raised its concerns with Plaintiff regarding over billing, double billing, and excessive charges. Despite such concerns Plaintiff has taken no steps to rectify the situation or credit Defendants account. 6 WHEREFORE, Defendant EuroTech Sales, Inc. respectfully requests this Honorable Court enter judgment for Counterclaim plaintiff, and against Counterclaim Defendant in an amount in excess of Twenty Thousand ($20,000.00) Dollars. Said amount is greater than that requiring compulsory arbitration. COUNTER CLAIM V NEGLIGENT MISREPRESENTATION 44. Paragraphs 1 through 43 are incorporated herein as if fully set forth. 45. Upon entering initial discussions with Defendant, Plaintiff made misrepresentations regarding the total costs to be billed to Defendant. 46. Defendant relied on these misrepresentations in entering into a contract with Plaintiff. 47. Plaintiff knew, or should have known, Defendant was reasonably relying on the aforementioned misrepresentations in entering into a contract for Plaintiffs' services. 48. Defendant has been injured due to Plaintiffs' misrepresentations and current attempts by Plaintiff to collect on the exuberant charge for services provided to Defendant. WHEREFORE, Defendant EuroTech Sales, Inc. respectfully requests this Honorable Court enter judgment for Counterclaim Plaintiff, and against Counterclaim Defendant in an amount less than Twenty-five Thousand ($25,000.00) Dollars. Said amount thereby requiring compulsory arbitration. CERTIFICATE OF SERVICE AND NOW, on this 20th day of March, 1995, I, Mark K. Emery, Esquire, hereby certify that I have served the foregoing Answer and Counter-claim by mailing a true and correct copy by United States first class mail, postage prepaid, addressed as follows: John W. Frommer, Esquire Smigel, Anderson & Sacks 2917 North Front Street Harrisburg, PA 17110-1223 Attorney for Plaintiff FENSTERMACHER AND ASSOCIATES By: #1'-<'~7 Mark K. Emery Supreme Court 1.0. #72787 5232 East Trindle Road Mechanicsburg, PA 17055 J~N Z I 2 !ill :'/1 '95 j .. d' ":",. \. i. ~ .; If Ii (t - . -~'" '~"""'~'__"".P_.""..- ..... ""~~'''''''''';'''''''''''''''<}-1..~id;.;;.;;~~~--''''''- . .,.. . I , I I i I \ ! f" . I . .. . . .' .. " . -'.~' .-- ",,>-.::~n '~,,\'; ,ic-~_'J_ ,'ii,": ;""., "".'" ..v.."..'p"'."...,....... 11:; , " " , " IOS ,J ':1 1,1 oJ . . , .. , ~ --.-- A/'n /'( II 1l f'H '95 Ifi r:l!'f. I"~ j q'f 'le',', ) :,;,) ,': ; I Y .' j ',', ~ 'N.,._,_...>""""'....h~..~.,., " .-~, .,.".C'h_....".".,.~.._.H,.". .....'~".'T'.'"'..~ .. .~r~_~1 ii' I j" . . , .. ~ ':, ,:~-_.: . . , .. '1 '-.- . f" Sa 20 /0 02 ,;:/ '95 "j;! . ,- , ,.' ',~ II } . d ~ Ln "':#. en ~ = '~ ""- ~ ~n ';;J '. , ~ 'J- c-.., = ~ ~ ~ ~ s;} ~~ => "S \t -, ~ ~ JOHN M. KOSTBCKY, JR. , ASSOCIATES, P.C., plaintiff I IN THB COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. NO. Cl'l - ~g5CJ Q~ EURO TECH SALES, INC., Defendant 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 complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland county courthouse, 4th Floor One Courthouse Square Carlisle, PA 17013-3387 (717) 240-6200 NOTICIA La han demandado a usted en la corte. si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la facha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en Persona o por abogado y archivar en la corte en forma escrita sus defensas 0 sus objectiones alas demandas encontra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME paR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Court Administrator Cumberland county Courthouse, 4th Floor One Courthouse Square Carlisle, PA 17013-3387 (717) 240-6200 4IDl.7.711IlU/rom/(''OM~l.-\I)(fIN'''mll,,,11, 199-1 JOHN H. ~OSTEC~Y, JR. I XN THE COURT OF COHHON PLEAS , ASSOCIATES, p.e., I CUHBERLANDCOUNTY, PENNSYLVANIA Plaintiff . . . . V. NO. . . EURO TECH SALES, INC. , I CIVIL ACTXON - LAW Defendant I ~ AND NOW comes Plaintiff, JOHN H. KOSTECKY, JR, , ASSOCIATES, P.C., by and through its counsel, SHIGEL, ANDERSON , SAC~S, and avers the following: 1. Plaintiff, John M. Kostecky, Jr. & Associates, P.c., is a Pennsylvania corporation trading and doing business as The Kostecky Group (hereinafter Plaintiff) with registered offices at 224 North Front street, Wormleysburg, Cumberland County, Pennsylvania. 2. Defendant, Euro Tech Sales, Inc., is a Pennsylvania corporation and owner of the fictitious name Euro-Tech Auto Sales (hereinafter Defendant) with a registered address located at 4610 Trindle Road, Camp Hill, Cumberland County, Pennsylvania. 3. Plaintiff, among other things, provides architectural, engineering, planning and management services for construction projects. 4. Defendant primarily sells and services automobiles. s. At all times relevant hereto, and regarding all transactions and events discussed herein, Lawrence C. DiPietro was authorized to act on behalf of Defendant. 6. On May 17, 1993, the parties entered into a contract in writing. A true and correct copy of the May 17, 1993 contract is attached hereto as Exhibit "1" and incorporated herein by reference. 7. The May 17, 1993 contract provided that Plaintiff would receive consideration for its services as follows: Managing project architect services @ $85.00 per a. hour. b. c. d. e. f. Architect services @ $75.00 per hour. Engineer services @ $75.00 per hour. Technical personnel services @ $55.00 per hour. Secretarial personnel services @ $25.00 per hour. Reimbursable expenses including, but not limited to, reproduction costs, postage, transportation costs, long distance and facsimile communications costs, and fees paid for securing approvals of authorities having jurisdiction over the auto showroom project. 8. Between April 12, 1993 and September 1, 1993, Plaintiff rendered professional services for and to the benefit of Defendant as follows: a. Managing project architect services - 61 hours. b. Architect services - 23.5 hours. a. Technical personnel services - 39 hours. d. Secretarial personnel services - 12 hours. - 2 - 9. The total contractual and actual value of the professional services rendered by Plaintiff to and for the benefit of Defendant is Nine Thousand Three Hundred Ninety-Two and 50/100 Dollars ($9,392.50) . 10. Between April 12, 1993 and September 1, 1993, Plaintiff incurred reimbursable expenses for and to the benefit of Defendant in the amount of Two Thousand One Hundred sixty-Two and 77/100 Dollars ($2,162.77) . 11. On or about June 14, 1993, Defendant received an invoice for professional services rendered by Plaintiff and reimbursable expenses for the time period of April 12, 1993 to June 11, 1993 totalling Two Thousand ThrEle Hundred Forty-one and 08/100 Dollars ($2,341.08). A true and correct copy of the June 14, 1993 invoice is attached hereto as Exhibit "2" and incorporated herein by reference. 12. On or about July 1, 1993, Defendant received an invoice for professional services rendered by Plaintiff and reimbursable expenses for the time period of June 11, 1993 to July 1, 1993 totalling Three Thousand Five Hundred Fifty-Three and 86/100 Dollars ($3,553.86). A true and correct copy of the July 1, 1993 invoice is attached hereto as Exhibit "3" and incorporated herein by reference. 13. On or about September 1, 1993, Defendant received an invoice for professional services rendered by Plaintiff and reimbursable expenses for the time period of July 1, 1993 to September 1, 1993 - 3 - totalling Five Thousand six Hundred sixty and 33/100 Dollars ($5,660.33). A true and correct copy of the September 1, 1993 invoice is attached hereto as Exhibit "4" and incorporated herein by reference. 14. Defendant requested and accepted the aforementioned professional services rendered by Plaintiff, and authorized Plaintiff to incur the aforementioned reimbursable expenses on Defendant's behalf. 15. On September 27, 1993, Plaintiff received notification from Defendant that all services on behalf of Defendant were to be terminated immediately. 16. As of the date of the filing of this Complaint, Defendant has failed or refused to pay for the professional services rendered by Plaintiff despite Plaintiff's frequent demands upon Defendant to do so. 17. As of the date of the filing of this complaint, Defendant has failed or refused to reimburse Plaintiff for the expenses incurred on Defendant's behalf despite Plaintiff's frequent demands upon Defendant to do so. 18. Defendant is in breach of the May 17, 1993 contract. 19. The total amount in controversy in this matter is less than Twenty-Five Thousand Dollars ($25,000.00) and this case is subject to compulsory arbitration pursuant to local rules. WHEREFORE, Plaintiff, JOHN M. KOSTECKY, JR. , ASSOCIATES, P.C., demands judgment against Defendant, EURO TECH SALES, INC. in the - 4 - ~~ Arr:hlrec:U Englne.r. PJann.,. ConsrrucrJon Manag.,. June 14, 1993 Mr. Larry DiPietro Euro Tech 4610 Trindle Raod Camp Hill, PA 17011 Re: Foreign Auto Showroom & Service Complex Euro Tech Trlndlc Road Mechanicsburg, Pennsylvania For Professional Scrvices Rcndcred: (April 12 - June 11,1993) Managing Project Architect Architects Technical Personncl Secretarial Personnel 21.5 hrs. @ $85.00 = $ 1,827.50 4.5 hrs. @ $75.00 = 337.50 1.0 hr. @ $55.00 = 55.00 2.0 hrs. @ $25.00 = 50.00 1 2,270.00 Reimhunahle [IDcnscs Drawing Reproduction Other Reproduction Travel Expenses $ 40.93 2.25 27.90 $ 71.08 TOTAL $ 2,341.08 224 Nurah FlOrlt 5lH'I'I ~\'Il'tIll('~'l;htllr/lll'lltI~t'IJ'" I I'A J7(J,Ll [717 j 76.1 ~(i['1 J2!JO I SlIt'f'1 NW StllIl -to.... \\'"...hHlI/WI' P<' ,'llJPll!. ,.'"'0,'1,1 f/f.l; J~~(I(l ~~. John M. Kostecky, Jr. & Associates Architects July 1. 1993 Mr. Larry DiPietro Euro Tech 4610 Trlndlc Road Camp Hill, PA 17011 Rc: Forcign Auto Showroom & ServlCl: Complex Euro Tech Trindle Road Mechanlcsburg. Pennsylvania For ProressloDaJ Sen'lccs Rcndcred: (June 11 . July 1, 1993) Managing Project Architect Architects Technical Personnel Secretarial Personnel 6.0 hrs. @ $85.00 19.0 hrs. @ $75.00 3.5 hrs. @ $55.00 3.0 hrs. @ $25.00 = S 510.00 = 1,425.00 = 192.50 = 75.00 S 2,202.50 Reimbursable Exnenses TOTAL S 6.29 4.00 1.62 7.50 14.70 1.317.25 S 1,351.36 S 2,341.08 S 5,894.94 Drawing Reproduction Other Reproduction Pos tage Long DistanCl: Communication Travel Expenscs Consultants. Hartmans & Associatcs, Inc. Billing of Junc 14, 1993 21. NOfllT... '''ONT 5T"[IT wO""'L(YlhUNG pr""'''5VLVANIA 170." . AC 717.'.3,."., 410l.7.1IJDllIp""'ANSWf.R TO l'OUNfl!Rl.....IMSlAprilI1. 1991 JOHN H. KOSTECKY, JR. , ASSOCIATBS, P.C., plaintiff IN THE COURT OF COKKON PLEAS CUMBERLAND COUNTY, PEHIlSYLVUIA V. I I I I I I I I NO. 9.-6850 CIVIL TERM EURO TECH SALES, INC., Defendant CIVIL ACTION - LAW AND NOW, comes plaintiff, JOHN M. KOSTECKY, JR. 'ASSOCIATBS, P.C., by and through its counsel, SMIGEL, ANDBRSON , SACKS, and answers Defendant's Counterclaims as follows: 20. Paragraph 20 of Defendant's counterclaim merely incorporates answers and does not require a reply. To the extent that a reply is deemed necessary, the allegations set forth in Paragraph 20 of Defendant's Counterclaim are denied. 21. Denied. It is denied that Defendant negotiated with Plaintiff to obtain plaintiff's architectural services in connection with certain property in Hampden Township. The parties entered into a written agreement for services identified in Plaintiff's Complaint and to the extent that any such negotiations occurred, they are superseded by the terms of the written agreement. 22. Denied. Paragraph 22 states a legal conclusion to which no response is required. 23. Denied. On the contrary, Plaintiff's services met the standard reasonably provided by architects under similar circumstances. 24. Denied. On the contrary, Plaintiff submitted proper plans to Hampden Township. Moreover, Plaintiff's actions or inactions were not the cause of any additional time or expense. 25. Denied. Paragraph 25 states a legal conclusion to which no response is required. To the extent that a response is deemed required, the allegations set forth in paragraph 25 are expressly denied. By way of further answer, plaintiff incorporates its answer in Paragraph 24 above. 2&. Denied. After reasonable investigation, Plaintiff is without sufficient knowledge to respond as to whether Defendant lost its option to purchase certain property. By way of further answer, Defendant has failed to allege specific facts to support its allegation of a so-called "option", and failed to specify where such "certain" property exists, if at all. Moreover, plaintiff expressly denies any responsibility, liability or association with Defendant's alleged failure to meet Hampden Township'S permit requirements. 27. Denied. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in Paragraph 27. 28. Denied. Plaintiff hereby incorporates its answer to paragraphs 22 through 27 are set forth above. It is denied that Defendant was unable to finalize its plans or developments. It is further denied that Plaintiff wa~ in any way associated or liable for - 2 - any alleged inability by Defendant to finalize its plans or developments. at. Denied. It is denied that Defendant was unable to establish any alleged proposed dealership. It is further denied that Defendant was unable to obtain any alleged financial benefit from the aforestated dealership. It is expressly denied that plaintiff was in anyway connected with or liable for Defendant's alleged inability to establish a proposed auto dealership or obtain financial benefit therefrom. 1fHBRBI'ORE, Plaintiff, John M. Kostecky, Jr. & Associates, P.c., respectfully requests that this Honorable Court enter judgment in its favor and against Defendant, Euro Tech Sales, Inc., on all claims and counterclaims raised in this matter. 30. Paragraphs 20 through 29 as set forth above are incorporated herein by reference. Moreover, Plaintiff hereby incorporates the averments contained its Complaint as if fully set forth herein. 31. Denied. Exhibit 1 is a writing and speaks for itself. 3a. Denied. It is denied that plaintiff, through its agents and employees, indicated that costs for Plaintiff's prospective services would be for less than that which was eventually billed. To the extent that any such discussions occurred, they were superseded by the terms of - 3 - the written agreement entered between the parties and referenced in Plaintiff's Complaint. 33. Denied. It is denied that Plaintiff indicated that the initial drawings and surveys would be no more than Five Hundred Dollars ($500.00). By way of further answer, the answer to paragraph 32 above is incorporated herein by reference. 34. Denied. It is denied that Plaintiff "contravened" any "misrepresentations" [sic] as set forth in Defendant's Counterclaim. By way of further answer, the "bill" referred to in Paragraph 34 is a writing and speaks for itself. 35. Denied. It is expressly denied that Plaintiff ever indicated that the total charges for all services rendered would not exceed Five Thousand Dollars ($5,000.00). 36. Paragraph 36 states a legal conclusion to which no response is required. To the extent that a reply is deemed required, Plaintiff expressly denies the allegations set forth in Paragraph 36. 37. Denied. Paragraph 37 states a legal conclusion to which no response is required. To the extent that a reply is deemed required, Plaintiff expressly denies the allegations set forth in Paragraph 37. WHBRBFORB, Plaintiff, John M. Kostecky, Jr. & Associates, P.C., respectfully requests that this Honorable Court enter judgment in its favor and against Defendant, Euro Tech Sales, Inc., on all claims and counterclaims raised in this matter. - 4 - 30. Paragraphs 20 through 37 above are incorporated h.r.in by reference. Moreover, Plaintiff hereby incorporates the averments contained its complaint as if fully set forth herein. ~,. Denied. Plaintiff's charges for services r.nd.r.d accurately reflect the actual services provided. 40. Denied. Plaintiff have never double billed for services rendered. 41. Denied. Paragraph 41 draws a legal conclusion to which no response is required. To the extent that a reply is deemed required, Plaintiff's invoices at all times reflected reasonable or customary charges for like services. 42. Denied. Plaintiff's invoices did not greatly exoeed any initial estimates provided to Defendant. 43. Admitted in part and denied in part. It is admitted that Defendant complained about its bill. By way of further answer, steps to rectify the situation or credit Defendant's aocount were not neces.ary as no such over billing, double billing or excessive charges were ever made. WHEREFORE, Plaintiff, John M. Kostecky, Jr. & Associates, P.C., respectfully requests that this Honorable Court enter judgment in its favor and against Defendant, Euro Tech Sales, Inc., on all claims and counterclaims raised in this matter. - 5 - ..... Paragraphs 20 through 43 above are incorporated herein by reference. Moreover, Plaintiff hereby incorporates the averments contained its Complaint as if fully set forth herein. ..s. Denied. Plaintiff never made any misrepresentations regarding the total costs to be billed to Defendant. "6. Denied. Defendant never relied on any misrepresentations in entering into a contract with Plaintiff because no such misrepresentations ever occurred. By way of further answer, Defendant did not rely on any representations made by Plaintiff. "7. Denied. Plaintiff did not know, nor should it have known, that Defendant was allegedly reasonably relying on any alleged misrepresentations in entering into a contract for Plaintiff's services. No misrepresentations were made by Plaintiff. Defendant did not rely on any representations made by Plaintiff in entering into a contract for Plaintiff'S services. "8. Denied. It is denied that Defendant was injured due to Plaintiff's misrepresentations where no such misrepresentations ever occurred. It is further denied that Plaintiff charged any exuberant charges for services provided to Defendant. It is further denied that Defendant was injured by Plaintiff'S attempts to collect on charges lawfully owed to Plaintiff. On the contrary, it is Plaintiff which is injured in its attempt to collect on charges lawfully owed for services provided to Defendant. - 6 - WHBREFORB, Plaintiff, John M. Kostecky, Jr. , Associates, P.C., respectfully requests that this Honorable Court enter judgment in its favor and against Defendant, Euro Tech Sales, Inc., on all claims and counterclaims raised in this matter. .n. Paragraphs 20 through 48 above are incorporated herein by reference. Moreover, Plaintiff hereby incorporates the averments contained its complaint as if fully set forth herein. 50. Denied. Plaintiff never promised to Defendant that the cost of its services would not reach the amount Plaintiff eventually billed to Defendant. 51. Denied. paragraph 51 draws a legal conclusion to which no response is required. To the extent that a response is deemed required, the allegations set forth in Paragraph 51 are expressly denied. 52. Denied. Paragraph 52 draws a legal conclusion to which no response is required. To the extent that a response is deemed required, the allegations set forth in paragraph 52 are expressly denied. 53. Denied. Paragraph 52 draws a legal conclusion to which no response is required. To the extent that a response is deemed required, the allegations set forth in Paragraph 52 are expressly denied. By way of further answer, Defendant will not be prejudiced in anyway where no such promises were made by Plaintiff. - 7 - l'l ill ~ 14 \,I Q o<l ~ ~ !:: <II ~ w . < -I " Z II: Ul C ~ " < 0 Z ~ . ill 0 N III Ul It >- ~ >- Ul 14 w I Z N ~ Z " z E II . W " 0 0 a. -< ~ Z . " 15 .:l iii II 14 N ::l m Q Ul .. ii: ): II ~ < J: . , . . W'".aU".D'''''''.Ull''4.''ll' o....wc, u, .......~ ","OJI II'.~ \ly . . . .. ; \ , ,# ~ II. PRELIMINARY NEGOTIATIONS. CONVERSATIONS AND VERBAL AGREEMENTS. counterclaim II of Defendant's Answer with counterclaims seeks to introduce evidence of alleged preliminary negotiations, conversations or verbal agreements that allegedly directly contradict the May 17, 1993 written agreement between the parties. However, such evidence is inadmissible to contradict a written agreement. Gianni v. R. Russel and Co.. Inc., 281 Pa. 320, 126 A.791 (1924); R.T.C. v. Urban RedeveloDment Authoritv, 536 Pa. 219, 638 A.2d 972 (1994). In Gianni, the Supreme Court stated Pennsylvania's version of the Parol Evidence Rule: "where parties, without thought or mistake, have deliberately put their engagements in writing, the law declares the writing to be not only the best, but the only, evidence of their agreement. All oreliminarv neaotiations. conversations and verbal aareements are meraed in and suoerseded bv the subseauent written contract...and unless fraud, accident or mistake be averred, the writing constitutes the agreement between the parties, and its terms cannot be added to nor subtracted from Parol Evidence. Gianni, 126 A. at 792 (emphasis added). " The parties intended that the May 17, 1993 agreement be the only evidence of their agreement. In viewing the parties' intention, this Court cannot hear testimony, but rather it must look only at the written contract and the alleged prior agreement. Gianni. Gianni further directs the Court to employ two tests to determine the parties' intention. First, the Trial Court must determine whether the writing - 2 - was intsnded as a complete contract between the parties. This is done by looking at the written contract, and If it appears to be a contract complete within itself "couched in such terms as import a complete legal obligation without any uncertainty as to the abject or extent of the engagement, it is conolusively presumed that the whole engagement of the parties, and the extent and manner of their undertaking are reduced to writing." Gianni, 126 A. at 792 (citations omitted). Second, the Court must determine whether the parties intended that the alleged prior or contemporaneous agreement should also be enforced or whether it was intended to be merged or integrated in the written contract. This can be answered by comparing the two, in determining whether parties, situated as were the ones to the contract, would naturally and normally includa the one in the other if it were made. If the v relate to the same sub1ect matter and are so interrelated. that both would be executed at the same time. and in the same contract. the scooe of the subsidiarv aareement must be taken to be covered bv the writina. Gianni, 126 A. at 792. considering the first test, it is clear that the May 17, 1993 agreement was intended as a complete contract between the parties. The agreement references the specific project to be undertaken by plaintiff, and provides specific hourly rates for each specific service to be provided by Plaintiff. Moreover, the agreement goes further to provide and explain what expenses are n2t included in the hourly rates, such as reimbursable expenses of postage, transportation, and the like. Finally, the agreement specifically requires a countersignature - 3 - ~. indicating that the proposal is accepted. The contract was countersiqned and executed by an authorized agent of Defendant. Given these specific terms of the agreement, and the requirement of a countersignature, it is clear that the terms of the agreement import an obligation without any uncertainty. Regarding the second test, it is clear that the May 17, 1993 agreement is an integrated and complete written contract between the parties. Defendant will seek to allege that Plaintiff agreed to a $5,000 cap for its servic~. However, if such a cap were agreed to by both parties, it is clear that such an agreement would naturally and normally be included in the May 17, 1993 agreement. Moreover, the alleged preliminary negotiations and the written agreement relate to the exact same subjeat matter. Because the subject matter of the alleged preliminary negotiations and the written contract are so interrelated, one would naturally expect that both agreements would be executed at the same time, in the same contract. However, this is not the case because any alleged cap for the fees was never agreed upon and therefore never included in the executed contract. Thus, under the second test of Gianni, this Court must conclude that any alleged prior negotiations or alleged prior agreements must be taken to be covered by the May 17, 1993 written agreement. - 4 - ~iti:'r^'f.;f,.r:rj)~~~,~~,t';,,,, "'''''''YH'~~~,,~..~~_..c_...~''''''_' "~'''''''''''''~';''''-'''--~';''''''''''''''''',..c ,.'.. ; OF nfE~TAAY 95 nEe -5 Ptl 12: 25 CU.V.OlJILi\NO COUN1Y PENNi)rmw,^ J ~\!E:t it~; : l'''" 'h~} :F~'~,:., <',<- :,e. ~:' -'Stil'.'." - ~~.r~.l. .~~~~." ,-;,: ~ .;'j':'",:,.. ~ i~r~ ~ tL,J- """il~' ." t.~~:'J ~;itt~ ~ " i:.L . l ~"~~ ,1j ,,:f'...,: L':a~/ _'l.'i..;;t;,,-",;'_ f~~~;~~~.r,:,~. . -I ~~,. ~~. A: q.;...., 1...1. ~..u--. . .n/ ~ I:!. &......" . '11H .".-....--~....,-'''' ""....._~.~'~........-- ~~ "., , , ...~ -'; r . J ~ .' , . .' . , . I .. ",~ ,...."'-.~ " CERTIFICATE OF SERVICE AND NOW, this 6th day of January, 1996, I, Mark K. Emery hereby certify that I have served the foregoing Notice of Appeal by mailing a true and correct copy by United States certified mail, return receipt requested postage prepaid, addressed as follows: John W. Frommer, Esquire Smigel, Anderson & Sacks 2917 North Front Street Harrisburg, PA 17101 Attorney for Appellee By: f T/'({/ // :h-~:--?~- Mark K. Emery ~ Supreme Court I.D. #72787 5232 East Trindle Road Mechanicsburg, PA 17055 (717) 691-5400 Attorney for Appellant JOHN M. KOSTECKY, JR. & ASSOCIATES, P.C., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUN'l'Y, PENNSYLVANIA v. NO. 94-6850 CIVIL TERM EURO TECH SALES, INC., Defendant CIVIL ACTION - LAW PLAINTIFF'S MOTION TO COMPEL ANSWERS TO INTERROGATORIES FROM DEFENDANT EURO TECH SALES. INC. AND NOW, this ~ day of March, 1996, comes Plaintiff, by and through its attorneys, Smigel, Anderson & Sacks, and move this Honorable Court to order Defendant Euro Tech Sales, Inc. to answer Plaintiff's First and Second Set of Interrogatories, and in support thereof avers the following: 1. This action was commenced by Complaint in December of 1994. Plaintiff served the first set of Interrogatories upon Defendant on April 7, 1995. A copy of the first set of Interrogatories is attached hereto as Exhibit 1. 2. Plaintiff served a second set of Interrogatories upon Defendant on January 18, 1996. A copy of the second set of Interrogatories is attached hereto as Exhibit 2. 3. Correspondence was sent to Defendant's counsel on January 18, 1996 requesting their Response to Interrogatories. A copy of this correspondence is attached hereto as Exhibit 3. 4. The Defendant, as of the filing of this Motion, has still not supplied Plaintiff with Answers to Interrogatories. 5. Plaintiff wishes to list this caso for trial for the May 20, 1996 Cumberland County trial term. The last day for listing for that term is April 1, 1996. INSTRUCTIONS A. Whenever you are asked to "identify" a document, the following information should be given as to each document of which you are aware, whether or not you have possession, custody, or control thereof: 1. The nature of the document (e.g., letter, memorandum, etc.); 2. Its date (or if it bears no date, the date when it was prepared); 3. Name, address, employer and position of signers (if there is no signer, of the person who prepared it); 4. Name, address, employer and position of the persons, if any, to whom the document was sent; 5. If you have possession, custody, or control of the document, the location and designation of the place or file in which it is contained, and the name, address, and position of the person having custody of the document; 6. If you do not have possession, custody, or control of the document, the present location, and the name and address of the organization having possession, custody, or control thereof; 7. A brief statement of the subject matter of such document. - 5 - B. Whenever you are asked to '!identify" an oral communication, the following information should be provided as to each oral communication of which you are aware, whether ar not you were present or participated therein: 1. The means of communication (e.g., telephone, personal conversation, etc.); 2. Where it toak place; 3. Its date; 4. The names, addresses, and positions: (a) of all persons who participated in the communication; and (b) of all persons who were present during the communication of who overheard the communication; 5. The substance of who said what to whom and the order in which it was said; 6. Whether that communication, or any part thereof, is recorded, described, or referred to in any document, however, informal, and, if so, an identification of such document in the manner indicated above. C. Whenever you are asked to "identify" a person, the following information should be given: 1. The name, present address, present employer, and position of the person; - 6 - 2. Whether the person has given.testimony by way of deposition or otherwise in any proceeding relating to the present proceeding, and/or whether that person has given a statement, whether oral, written, or otherwise, the date of the testimony, whether you have a copy of the transcript thereof, the name of the person to whom the statement was given, where the statement presently is located if written or otherwise transcribed, and the present location of such transcript or statement if not in your possession. D. To the extent any information called for by these discovery requests is unknown to you, so state, and set forth such remaining information as is known. If any estimate can reasonably be made in place of unknown information, also set forth your best estimate, clearly designated as such, in place of unknown information, and describe the basis upon which the estimate is made. E. To the extent any discovery request is objected to, set forth all reasons therefor. If you claim privilege as a ground for not answering any discovery request in whole or in part, describe the factual basis for your claim of privilege in sufficient detail to permit the Court to adjudicate the validity of the claim. If you object to any part of any discovery request, answer the remainder completely. F. Discovery requests shall be deemed continuing and to require additional responses if further information is obtained between - 7 - 2. It you conduct business(esl, profession or professional corporation, for each such business whether as a sole proprietorship, partnership, corporation, please provide the following: A. A description of the type of business and a description of the nature of services performed, the goods sold, or the business conducted. B. The name, address, and telephone number of all business offices. c. If it is a partnership, please list the names and home residence addresses of all partners or owners of any interest in the business and the extent of their ownership and the extent of their voting control of the partnership. Please identify whether any of the persons so listed are related to you, by blood or by marriage, and, if so, how they are so related. D. If the business is a corporation, please identify all the officers, directors and stockholders of the corporation, including any person or persons who own any option to acquire stock, and identify the extent of their stock holdings in the corporation and, if any of those persons are related to you by blood or by marriage, please identify the persons related and state how they are so related. E. Please state the length of time the business has been in effect and please identify the date or dates on which you acquired an interest in the business and please state the nature and extent of the interest you acquired on each such date. F. Please identify the person or entity who is the custodian of the records of the business, giving their business name, address, and telephone number and identify how long such person or entity has performed services as custodian of the records. - 10 - G. Please state whether or not the 'business's current records are now in the possession of the person or entity identified in your answer to sub- paragraph F hereof. H. Please identify the person or entity who has prepared federal income tax returns for the business for each of the preceding five (51 years. I. Attach complete copies of your personal Federal, state and Local Income Tax returns with ~ schedules attached, for the preceding five (51 years. J. For all businesses attach complete copies of the federal income tax returns with ~ schedules attached for the preceding five (51 years. K. Please state whether or not any financial statements, balance sheets, income statements, Jr the like have been prepared by or for the business at any time during the preceding three years and, if they have, please attach copies hereto. If there are no copies in your possession or which you can readily obtain, please state who has copies of such records currently in their possession. L. Please list all assets, including real estate and inventory belonging to the business, accounts receivable, and other tangible and intangible assets of the business, giving their date of acquisition, the value or cost of acquisition, their present market value, and their present location, for all assets owned by the business. - 11 - , 3. Please explain in detail why you alleged that the servicea provided by plaintiff are not adequately or correctly set forth in plaintiff's Complaint. ANSWER: - 13 - 9. Regarding Defendant's alleged negotfations with Plaint1tf to obtain Plaintiff's architectural services in this matter, please provide in detail: A. The date and/or dates of all negotiations. B. All persons who attended or witnessed said negotiations. c. The place where all alleged negotiations occurred. D. What representations, if any, were made on behalf of Plaintiff, and who made each such representation. E. What representations were made, if any, on behalf of Defendant, and who made any such representation. ANSWER: - 19 - DEFINITIONS The following definitions are applicable to and incorporated by reference into each Interrogatory: A. The term "person," as used herein, means any natural person, partnership, corporation or other business entity, and all present and former officers, directors, agents, employees, attorneys, and others acting, or purporting to act, on behalf of such natural person, partnership, corporation, or other business entity. B. The term "Complaint," as used herein, means the Complaint filed in the above-captioned action. C. The term "you," "your," "Plaintiff," and "Plaintiff's last name-," as used herein, mean Plaintiff plaintiff's full name-. D. The terms "and" and "or," as used herein, shall be construed conjunctively or disjunctively as required to include within the scope of each discovery request any information which might be excluded by the opposite construction. E. The term "document(sl," as used herein, shall mean the original and all copies of any written, printed, typed, or other graphic matter of any kind or nature, and any other tangible thing in your possession, custody, or control, wherever located. Any copy containing thereon or having attached thereto any alterations, notes, comments, or other material not included in the originals or copies referred to in the preceding sentence, shall be deemed a separate document within the foregoing definition. The term "document(sl" includes, but is not limited to: 1. All contracts, agreement, letter agreements, representations, warranties, certificates, and opinions; 2. All letters or other forms of correspondence or communication, including envelopes and notes, telegrams, cables, telex messages, telephone messages or other messages including, but not limited to, reports, notes, notations, and memoranda of or relating to teleph~ne conversations or conferences; 3. All memoranda, reports, test results, financial statements or reports, notes, scripts, transcripts, tabulations, studies, analyses, evaluations, proj ections, work papers, corporate records or copies thereof, expressions or statements of policy, lists, comparisons, questionnaires, surveys, charts, graphs, summaries, extracts, statistical statements or records, compilations, and opinions or reports of consultants; 4. All desk calendars, appointment books, and diaries; 5. All minutes, records, or transcripts of meetings or conferences, and lists of persons attending meetings and conferences; 6. All reports and summaries of interviews and negotiations; 7. All books, articles, press releases, newspapers, booklets, brochures, pamphlets, bulletins, notices, instructions, and manuals; B. All motion pictures and photographs (whether developed or undevelopedl, tape recordings, microfilms, magazines, circulares, INSTRUCTIONS A. Whenever you are asked to "identify" a document, the following information should be given as to each document of which you are aware, whether or not you have possession, custody, or control thereof: 1. The nature of the document (e. g. , letter, memorandum, etc.l; 2. Its date (or if it bears no date, the date when it was preparedl; 3. Name, address, employer and position of signers (if there is no signer, of the person who prepared itl; 4. Name, address, employer and position of the persons, if any, to whom the document was sent; 5. If you have possession, custody, or control of the document, the location and designation of the place or file in which it is contained, and the name, address, and position of the person having custody of the document; 6. If you do not have possession, custody, or control of the document, the present location, and the name and address of the organization having possession, custody, or control thereof; 7. A brief statement of the subject matter of such document. B. Whenever you are asked to "identify" an oral communication, the following information should be provided as to each oral communication of which you are aware, whether or not you were present or participated therein: 1. The means of communication (e.g., telephone, personal conversation, etc.l; 2. Where it took place; 3. Its date; 4. The names, addresses, and positions: (al of all persons who participated in the communication; and (bl of all persons who were present during the communication of who overheard the communication; 5. The substance of who said what to whom and the order in which it was said; 6. Whether that communication, or any part thereof, is recorded, described, or referred to in any document, however, informal, and, if so, an identification of such document in the manner indicated above. C. Whenever you are asked to "identify" a person, the following information should be given: 1. The name, present address, present employer, and position of the person; 2. Whether the person has given testimony by way of deposition or otherwise in any proceeding relating to the present proceeding, and/or whether that person has given a statement, whether oral, written, or otherwise, the date of the testimony, whether you have a copy of the transcript thereof, the name of the person to whom the statement was given, where the statement presently is located if written or otherwise transcribed, and the present location of such transcript or statement if not in your possession. . D. To the axtent any information called for by these discovery requests is unknown to you, so state, and set forth such remaining information as is known. If any estimate can reasonably be made in place of unknown information, also set forth your best estimate, clearly designated as such, in place of unknown information, and describe the basis upon which the estimate is made. E. To the extent any discovery request is objected to, set forth all reasons therefor. If you claim privilege as a ground for not answering any discovery request in whole or in part, describe the factual basis for your claim of privilege in sufficient detail to permit the Court to adjudicate the validity of the claim. If you object to any part of any discovery request, answer the remainder completely. F. Discovery requests shall be deemed continuing and to require additional responses if further information is obtained between the time the responses are served and the time of trial. Such additional responses shall be served from time to time, but not later than thirty (301 after such additional information is received. F1LED-OFFlCE or- II ;1: ITOIH(\NOTNlY 96 ^PR -I PI\ 3: 31. CW;GU .1.' ;,l! (,ULJ::IY l'EtoINSYLVi\NIJ\ '~:""iiii~';~""~"''''''~~~"'''''''''''''''_'''':'''''..l','''''''''>''''''''''' ,.""""''"_.'.......A' ~ ,.... .. ~ r "-, -~:--- ;-,,; . I ," I I , I I ~ \ r . , Compel.Ans - EuroTech Disk JOHN M. KOSTECKY, JR. & ASSOCIATES, P.C., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA plaintiff NO. 94-6850 CIVIL TERM v. EUROTECH SALES, INC., Defendant CIVIL ACTION - LAW DEFENDANT'S RESPONSE TO PLAINTIFFS' MOTION TO COMPEL ANSWERS TO INTERROGATORIES AND NOW, comes Defendant EuroTech Sales, Inc. by and through its attorneys, the offices of Fenstermacher and Associates and files this Response to Plaintiffs' Motion to Compel Answers to Interrogatories as follows: 1. On March 14, 1996, plaintiff served upon the Defendant's counsel a Rule to Show Cause, signed by the Honorable Judge Wesley Oler, Jr., regarding Answers to Interrogatories. 2. Said Rule was issued pursuant to Plaintiff's Motion to Compel Answers to Interrogatories. 3. Said Motion alleges that Defendants had not supplied Plaintiff with Answers to Interrogatories, Set 1 or 2. 4. Concurrently with the filing of this Response, Defendant has served Plaintiff with its Response to Interrogatories Second Set. A copy of such Answers are attached hereto as Exhibit IIAII. 5. On March 25, 1996, Defendant provided to Plaintiff's counsel correspondence advising him that, contrary to Plaintiff's allegations in the Motion to Compel, Defendant had served Answers ... . DEFINITION!! The following definitions are applicable to and incorporated by reference into each Interrogatory: A. The term "person," as used herein, means any natural person, partnership, corporation or other business entity, and all present and former officers, directors, agents, employees, attorneys, and others acting, or purporting to act, on behalf of . '. such natural person, partnership, corporation, or other business entity. B. The term "Complaint," as used herein, means the complaint filed in the above-captioned action. ", C. The term "you," "your," "Plaintiff," and "Plaintiff's last name-," as used herein, mean Plaintiff plaintiff's full name-. D. The terms "and" and "or," as used herein, shall be construed conjunctively or disjunctively as required to include within the scope of each discovery request any information which might be excluded by the opposite construction. E. The term "document(sl," as used hcrein, I shall mean the original and all copies of any written, printed, typed, or other graphic matter of any kind or nature, and any other tangible thing in your posse~sion, custody, or control, wherever located. Any copy co~~ining thereon or having attached thereto any alterations, notes, comments, or other material not included in the originals or copies referred to in the preceding sentence, shall be deemed a separate document within the foregoing definition; "document(sl" includes, but is not limited to: The term :-)."11"10:1.. .\.\ IH':Up..o;,\, .'1: .~.\1'Ii.:-i 2917 NOli TIt rllwH s II If(' ',HMUlI:iIlUllfj 1'( NN~iYI VANIA 11110.1223 t , . 1. All contracts, ag reement, letter agreements, representations, warranties, certificates, and opinions; 2. All letters or other forms of correspondence or communication, including envelopes and notes, telegrams, cables, telex messages, telephone messages or other messages inCluding, but not limited to, reports, notes, notations, and memoranda of or relating to telephone conversations or conferences; J. All memoranda, reports, test results, financial statements or reports, notes, scripts, transcripts, tabulations, studies, analyses, evaluations, projections, work .,' papers, corporate records or copies thereof, expressions or statements of policy, 1 ists, comparisons, questionnaires, surveys, charts, graphs, summaries, extracts, statistical statements or records, compilations, and opinions or reports of consultants; 4. All desk calendars, appointment books, and diaries; 5. All minutes, records, or transcripts of m~etings or conferences, and lists of persons attending meetings and conferences; 6. All reports and summaries of interviews and negotiations; ../ ~ . All books, articles, prc::;s releases, magazines, newspapers, booklets, brochures, pamphlets, circulares, bulletins, notices, instructions, and manuals; 8. All motion pictures and photographs (whether developed or undeveloped), tape recordings, microfilms, :i:"u u,t.: I.. ,\SI'2-:U""I):,\, N: H.\l'.'di 2911 NOIITH rllONf S flln r. HAlml~;III"lfi PI rJN~iYl VANtA 11110.1223 1. The means of commun'ication (e.g., telephone, personal conversation, etc.); 2. Where it took place; 3. Its date; 4. The names, addresses, and positions: (al of all persons who participated in the communication; and (bl of all persons who were present dur ing the communication of who overheard tho communication; 5. The substance of who said what to whom and the order in which it was said; 6. Whether that communication, or any part thereof, is recorded, described, or referred to in any document, however, informal, and, if so, an identification of such document in the manner indicated above. C. Whenever you are asked to "identlfy" a person, the following information should be given: 1. The name, present address, present employer, and position of the person; I 2. Whether the person has given testimony by way of deposition or otherwise in any proceeding relating to the present proceeding, and/or whether that person has given a statement, whether oral, written, or otherwise, the date of th4Y"'t~stimony, whether you have a copy of the transcript thereof, the name of the person to whom the statement was given, where the statement presently is located if written or otherwise transcribed, and the present location of such transcript or statement if not in your possession. I NTERHOGi\1:QRli:i 1. Pursuant to the Pennsylvania Rules of civil Procedure, please provide a copy of any and all expert reports you intend to rely upon at trial. Answer: " . Objection. [)C(,,,,ci,"IL obj""Lli 1:0 lid:; Inll'IT"J"L()~y ,.:; lJefendant has made no such determination at tld:; I:illll'. SII<""" 1'.'11'11<101111:, 11,,,,,,,'1" I1i;; counsel, determine who it will call as an experL oiL Li",' "I l rioll, 1\'I"II<I,ll.1: ",i II provide a full response to this Interrogatory. ,," -"". " ~",' ".' !. J~// /'. ...." " , r-- , ~-- ~ 7,;;--' r'{,,'k r:. J1I.'ry ::"1'''''''' <'<"wL 1.1l. No. 72767 l"i'll:itl'IW"IC:IIl'r dud I\ssociates ',! I;' I~l:;l 'J'rincllc Hoad r"~ ',"I1,lllll ': ;11,,1''1, I'^ 17055 I .'1 '/) 1.'11-',,1011 /\1 II JlIII ",' lor i.~'lendant ,.../ 2, Wlwthel' tIll' l"'I'~OIl h,lG 'liven testimony by way of deposition 01' ot:hendl." ill ,lilY proceeding relating to the present proceed if"). ,Ind/ol" \oIlwtl1er that person has given a statement. .....Ileth,!!. 01"0'11, .....!"ittell. or otherwise, the date of the tf'IJl: i /1IOllY. \oIh/'I'h/'r YOll 'ho'lvP ;\ copy of the transcript ther,eof. tt\f! nol/1lo of tI\l' 1'IlI'~;On to whom the statement was given. .....here the Gto'lte/1lellt presently is located if written or other..... ise t l'OInl;el" i ued. ,tlld the present location of such " transcript,or ,.Lltement if not'in your possession. D. To the extent oIny informoltion called for by these discovery requests il~ lI11f:llown to you, so state, and SBt forth such remaining informil t iOll ,lI; i I; f:llo.....n, I ( ;Iny entimate can reasonably be made in place of unkno.....n infol'mation. o1lao set forth your best estimate, clearly designo1 ted OIl; :;uch. in pi ,Ice 0 t unknown information, and describe the banir; upon '..hieh till' /'"timOlte is made. I E. To the pxtent o'Iny discovery request is objected to, set forth all reasons thlll'L'lol', If YOll cl,lim privilege as a ground for not answering any d i SCOVel"y r"'lIIr!G tin .....ho Ie or in part, describe the factual basis tOl' your cl;lilll of I'rivi 1<'<)(' ill sufficient detail to permit the,Cdti~t to ,ldjudie.lte the voIlioJity of the Clo1i/1l. If you object to any part of any d iSCOVlll'j' 1'l'll""I;\'.. .111:;'''''1' till' 1"('/11.1 i llder completely. f, Disco','" r't' 1',,'1"":; t:; ,;h,ll 1 1,1' deemed continuing and to require addition,1 I 1"'''['',>:11''':; It : 1II"I.hl'I" i nl OI"/1I,lt ion is obtained between . - , - M. Pleane ntatn your weekly gronn income or draw from the buc> I l1<wn, i nc Iud i I1CJ a II compensation in the form ot w~CJen, u~lary, e~rninCJs, interest paymentn, ~nd the like, ~nd ~ll other sumo of money pa id to you by the c>~ lei bun I ncr.a, including a dencriptiol1 01 ell<' [l'llnt-~l. at~te, local, or any other taxen or other ~mountn withheld or deducted from nuch p~y~hnck. if ~ny nuch amounts are withllultl or dcdut.:tr.!d. ,', ANSWER: Ohj"CIIIlII. P,'I,'II,1.1111 llli.!"I'I" 1<1 11I1"ITlll',;llory 2 on the grounds of ," vagueness and oVI'rlirl'"lh, !\',' '..1',' <II IlIrlli"1 l'I':qlflfl"". Interrogntory 2 requests .,' information Lhal j" nlll ,q'ld 1".\101" I" II,., lI.\r",d 1>.'1'1'11<1,,111:. , ~ , , , ,./ - L~ - '" . United states Bankruptcy Court VOLUNTARY Middle District of Pennsylvania PETITION IN RE' (N... of debtor) NAME OF JOINT OEBTOR (Spau.e) Xuro-T.ch .al.., Inc. ALL OTHER NAMES uaad by dabtor In the lilt 6 Yllr. ALL OTHER NAMES u.ad by JoInt dabtor In the l...t 6 yo.r. SOC. SEC./TAN 1.0. NO. (If nore th.n one, lute Ill) soc. SEC./TAN 1.0. HO. (If more then one, .ute elll 23-2581732 21-173n2 STREET ADDRESS Of OEBTOR STREET ADDRESS Of JOINT OEBTOR 5232 Sa.t Trind1. Road Machanic.burg, PA 17055 COUNTY Of RESIDENCE/BUSINESS, cuab.r1and COUNTY Of RESIOENCE/BUSINESS, MAILING ADDRESS Of DEBTOR MAILIHG ADDRESS Of JOINT DEBTOR LOCATION Of PRINCIPAL ASSETS OF BUSINESS DEBTOR VENUE (Chick one box) 5232 Sa.t Trindl. Road [X] Dlbtor hi' beon domlcfled or hi' hid e relldance, principal M~chanic.burg, PA 17055 place of buatness, or principaL ....u tn thh Olltrlct far 180 day. Immedl.tlly prlcedlng the date of thl. petftlon or for · longer pert of .uch 180 d.y. th.n fn .ny other DI.trlct. [ ] Ther. f, . bankruptcy c... concerning debtor.1 Iffllteto, genar.l partner, or partner.hlp pendIng In thl. DI.trlct. INFORMATION REGARDING DEBTOR (Chick .ppllc.ble boXI.) TYPE OF DEBTOR CHAPTER OR SECTION OF BANKRUPTCY CODE FOR PETITION I ] Indlvfcbol I ] Corpor.tlon PublIcly Held IX] Chlptlr 7 [ I Ch.pur 11 I ] Chlpter 13 I ] Join. (Hu.t>.nd & Wife) IX] CorporatIon Not Publicly Held I ] Chlpur 9 I I Ch.pur 12 I ] Sec. 304 I ] P.rtnershlp I] Mt.nlcfpallty FILING FEE (Chick one box) I ] Othlr IX] FilIng fee ett.ched NATURE OF DEBT I ] FilIng fee to be pefd In Instellmento I ] Non-Bualnel./Caneumer [X] Bualne.. - Complltl A&B eelow NAME AND ADDRESS OF LAW FIRM OR ATTORNEY A. TYPE OF BUSINESS (Chick one) [ ] F....lng [ I Tr.nsport.tlon [ ] CommodIty Broklr" 2 58 HORTH S'rREET [ ] Profe..lanel I ] Menufecturlng/ I 1 Construction PO BOX 961 [X] Re..II/Whol..ala Mining I ] Rill E.tatl HARRIIIBURG, PA 17108-0961 [ ] Rallroed I ] Stockbroker [ ] Other Buslnes. (717)234-5125 B. BRIEFLY DESCRIBE NATURE OF BUSINESS NAME(S) OF ATTORNEY(S) DESIGNATED TO REPRESENT DEBTOR 11.1.. and ..rvic. of Surop.an auto.obil.. Deborah A. Bughe., Attorn.y 31060 STATISTICAL/ADMINISTRATIVE INFORMATION (U,S.C. ! 604] ~ I tr:s:pOFlOUf1fl. [ ] D.btor aatlmatll that ft.nd. will be avall.ble for dl.trlbutlon to unllcured ediWrs [X] Debtor ..ttmet.. that, .fter any exempt property la excluded end admfni.trlt . expen paid, thlrl will be no ft.nd. .vallable for dl.trlbutfon to un.lcured credIt . ESTIMATED NUHBER OF CREDITORS / ...-. ,.,~ 16-49 50-99 100-199 200-999 10aO"over ~o Il E ij-fj;,;.!.J i~;e-:~;;' [X] I] I] [ I [ I [ ] ESTIMATED ASSETS (In thou.anda of dollar.) ,oo"oo'-f r~~ Under 50 50'99 100.499 500-999 1000-9999 10.000-99,000 r ' ,~~, [] I I [ I I I [ ] [ ] [] ESTIMATED LIABILITIES (In thou.and. of doller.) " 1 ! Under 50 50-99 100-499 500-9'/9 100G-9999 10.000-99,000 100.000'ovI bR:?o,"r: ! [XI [ I I I I I [ I [ ] [ ] \ 'J; ,I ) EST. NO. OF EMPLOYEES - CH. 11 & 12 OHLY I --.- I 0 1-19 ::0.99 100-999 1000-over f II I] [ I I I [ I ...." .r,ar. ~" Ilmj#l EST. NO. OF EQUITY SECURITY HOLDERS - CH. 11 & 12 ONLY Jr"I1' .nJ~'e:'~"~ z.""", t G 1-19 20-99 100-499 50a-over rr.,..,--"' ",'..... ':1.....,. I] I] [ ] [ I [ ] . I '" "-- . '" , 1 nHl~r, U.~IIC"RF.D ''1 .' NomeolDobtot F.!JIn-""'f'H ~^I.R~ TN/' Ca.. No. fiLING Of PLAN 10t Ch.pfet', 11, II and 13 u... only. Ched .pproptl.f. bal. o A COP1 01 Hbton ptOPO'N pI.n d.,.d o Debtor Int.nd. to tII.. pI.n wltl'lln tI'I.llm. .lIowed by .t.Me. fUl.. 01 Ofdtt lI,ttK/Ied. 01 tll, court. PRIOR BANKPUPTCY CAse FILED WITHIN LAST e YEARS (II mor, than on., anKh addlllonallh..1I LocIUotI W/MIo 1/'-<1 en. Number D.'. ,,,.d P!NOfNG BANKRUPTCY CASE FILED BY ANY SPOUSE!. CHILD, PARENT. SIBLING, PARTNER, OR AFFILIATE OFTHIS DEBTOR (II mot. than on.. ,nlCh .ddlllon&llh..ll, Hlme ot DllJ'Qt Cu. Number D.t. IlN"on""p DI,'tler Judg. REOUEST fOil RELIEf o Debrot ~UNtI nUl' In Kconf.nc. with 'h. ch.pt., 01 IItI. II, Unlt.d S,.,.. COfh, .peclll.d In !hI, pellllon. SIGNATURES ATTORNEY · Jd~a) C( ~~ 1":' ' V, ;>/.' /:.', lIlgnItu.. 011. I 'NOIVIOUAUJOINT OEBTOR(S) CORPORATE OR PARTNERSHIP DEBTOR I dldar. !.rider penally that tn. inlormallon prcyjded In thia pelllion II WI and I decl.,. under penally 01 perjury tnalthe information proVided In thiS piChon II - lrue and corred, and tnallhe flUng of thl. pebtion 011 beh.If 01 the peUtionef hu been .uthorized. (r.J,~ f ~ ~~I/: ~.~, L~{" 1 . " 1,",>- Slgneture of Debtor \.. S~" of All'Uibnlld IndMdull I V ,- [~WTP-n~p. R. niPip.rrn D." Ponl or Type Name 01 AUthonled IndlVtdual . .. Prp.qinp.nr &gnabn of Joult o.btor ntle ollndlVldual Aulhonzltd by OebtOf to Ale 1hI. Petdion 4110/Q" Data 0111 " EXHIBrT "A" (To be completltd II debtor III corpor1ltlon requesllng ,.lIel under Chlptlf 11.) CJ bhlblt "A" It anK-heeI and mad. pari 01 thl. pafltlon. TO BE COMPLETED BY INDIVIDUAL CHAPTER 7 DEBTOR WITH PRIMARILY CONBUMER DEBTS (9H P,L. 83-35313221 I.m SWI" lhall may proceed under chapler 7, 11, or 12, or 13 01 tItle II, Umted Slale. Code, underllllnd th. rehelllvailable under nch luch chapler, and chaot. 10 proceed und.r chapler 7 of such litl.. If I am represented bV an a!tomey, ..hlbll .0. has been compleled. . S9f\.ture of D.btor Date . SiQnlI\JtI 01 Joinl Deblor Date IEXHIBIT "BOO (To be campllled by a<<orn.y for IndIvidual chapl" 7 debtor(a) wllh primarily conlumer dabt..) I, IN anomty for the d.bIOttl) named in lh"otegolng petltico, declBrelhal1 hav,lnlormed thll debtot(llthat (he. ,he, or they) may proceed under chapter 7, 11, 12. or 13 of Uti. 11, United ~tatll Code, and hav, explaIned the rellelllvailable under each luch chapler. , Signature of Attorney Date {Coon UN only!