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Home My WebLink About95-05054 .. .. POWELL, TRACHTMAN, LOGAN, CARRLE & BY, C, GRAINGER BOWMAN, ESQUIRE ATTORNEY 1.0. NO, 15706 114 NORTH SECOND STREET HARRISBURG, PA 17101 (717) 238-9300 ATTORNEY FOR PLAINTIFF BOWMAN, P,C. DOUGLAS MEDCALF, Plaintiff v. : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ,~.Jt ~ 11'-- RAYMOND WARREN ASSOCIATES, Defendant , I'; 05('/ l{, ~{d ,)1, 1-1 bJ (7111 PRAECIPE FOR WRIT OF SUMMONS To the Prothonotary: q :j" j/154- (t I 1.l{ ( : NO. , 1995 : CIVIL ACTION . . Kindly issue a writ of summons in the above-captioned action. POWELL, TRACHTHAN, LOGAN CARRLE & BOWMAN, P.C. By (iJfl I~ C. Grai~an 1.0, 115706 114 North Second Street Harrisburg, PA 17101 (717) 238-9300 Date: September 20, 1995 ,-_.....i"""'tla ,---- :';-_0"'-_."" -_J.,.--..~--__-.,__,_-_,~, . (i SEP 21 3 08 PH '95 , Lf 'OffiCE' Dr 'c 1.,rHOHOT4hY CUI'!;,:r,c.,u COUNn '[fjN$(LV~H'A !2~ --- 4-tJ 61) ~ 4s-R (2;. //21 &1- C~ /<<7 (3j Commonwealth of Pennsylvania County of Cumberland Douglas Medcalf Court or Conunoll Pleas va. No. 95-5054 Civil 19____ Raymond Warren Associates 15 South 31st St. Harrisburg PA 17111 In ___ __ _<:!: ~j._! __~~_t;!~ ~_ _: _ _~~.! _____________ Raymond Warren Associates: 1:0 _____._______________________________________ Douglas Medcalf .------------------------------------------------------------------------.----------------------- You are hrreby notiflrd that the Plaintiff " Summons - Civil Action - LflW has conunrnced an acuon U1 ________________________________________________________ against you which you are ~uiml to ddrnd or a ddault judgmrnt may br rnteml against you, (SEAL) September 21, 95 [late _________________________.____ 19____ LAWRENCE E. WELKER :-:-:}:~~::;w::~=;:::::::: .. ......t.... ',- -, . 'tc~"1'h>-~~~~~,..,~.,'r'l'~:,~~~_;:l~~:~-i~~~~~~'rrilf~'~!,,-1;~Y4'~Y#t'fi'~~~~~1'~ji&t:~~~~~~~; ->-'_:':'~ --."" Ifa. ~:.~~&~4 "~~v~_19_ .. , , --------------- Douglas Metcalf Raymond Warren Associates 15 South 3lst St. Harrisburg PA 17l1l ------------------------------------ t , SlImmnna in Civil Action - Law ----------------------------------- POIBIU.. 'ftW]fJMllN. UlGAN. CARRtB 5 ~. P.C. By: C. (kRirv- Be I, BIq. U4 N. ~ n.' st. IIm::r:UItIurg FA 17101 (n7) 238-9300 ----_.._--_._~~-------------- .""........._,._--.,~'-,.-,,~~ =."'-~~'!'!_~""i",."_~,'"""'''.''''''!.~.,,-->,-.-".:'~.,....'0'.... ,"- . SHERIFF":: RETlIRtl nllT nF '. rtt_H~TY CASE NO: 1995-05054 P COMMONWEALTH Of PENNSYLVANIA: COUNTY OF CUMBERLAN~ !'tE[ICALF [.I1UJj1AS _____,__ VS. WARREN RAYMOND ASSOCIATES R. Thomas KI~ne , ~;tl'.:"""I-lff. ",hI) bpln<;.: duly ;5WOlfl a("_~!)r,jlrl(..l to law, says. that. he m~dp d dl1PJc;-ord_ sPdrch '::Hlf.i lL'iu1ry ff)l th~ wlt.h'..fl namE'd def..nd"r1\. to lot: RA YMOtl[> W.A,lLREr'LA;;~O'o.__Lt\nS__ but was unable to locate .__ID!?!". 1n h1S ba1l1w1ck. 11..:- t. herE' f Dre deputl=ed the sherIff of ___~AlIfJIl.t>L______,___, I~'~unty, F'enn:sylv"n1i1. to serve thE' wl+hln_I!RrLQf._~UJ1MSJJjS___u_____ _____._____________________.__ On . Oe tQJ1..!U__..~g 11. 19~:j?_,. .-..-.' thlS offIce W~~ Ifl reC~lpt (.f the attachf?d rE"t'Jrn fro'll _____pA_t)L.HIN_.~_~...__.____.h__ 1JIHlty. r'.:"...rHIE....l'/~f;l L Sh~rIff'8 Costs: SQ ':lnSWlc'l~: Do<:ket H1U Out of Cl)IHI+Y Surcharoe . DAUPHIN'COUNTY 111,('\0 ':+. 0~""'" .:. \:'"10 .:',11, _'~:\ , ..~' h~--"'E:}rr=-j:~; '-K~: r~;: ~_n:-1;_,:._; 1-r!- '~---:-;~.-~lj GFi'A nF',F-:F p:'.~~'~!\~~ 10 ('" . i:"'-:4r.-. S" I.) In.::) n (i E \.. b ;-:.: 1:- J 1 b f:'.j .,~ ~ t?, ! (' 1'..1 'N . h t" ...J.~_!_u_ j ": "t (It:!..:b- I" _ U___~S~ A. [', '-h c '"'-- ,;. . tllT~ ' -- ,v..,.,~J~.t_~ t- f")l rl,:.fil.q Hi \' in ih8 Court of C~mmo~ Douglas Medcalf 'is. Raymond Warren ^ssociates ..~-'-" .......... .......... t: t ::......5 1'-- · ... I d.' 01 ' .... ,,,- ~\~'~n I ..t,,;-"V '--..1..,--.-..;-' ........ ..IIJ/ Psnr:syl'lc:~i:: ~o. 95-50~4 Civil Term .~ .-- ---- :-iow, Seotember 26. 1995 :9_ !. s=:::::~~ O~ C:::'G::::?.!.A.'iD COO{'l"~. ?A.. co h::::by c..;;UC:: C: S-~:.:r oi Dauphin Cuu:ty :0 ~--.:t: . ;.. '.'1:!-.., ::::s c:;:u;::cn l:~ -,.:. ~ == ~ ::ci ::'.:k ot == :",:-::1. ~ow, =~ wi":":" '.1pol1 1t ~~ci::1;:O 1 md -~~. i::::owa :0 5wor:: :md s::bsc"J:d bcicrc: := ::is 6,. oi 1- .---1 1'~~ S4e..~ o~ c. ':...er.=d C"u:tr. ~ ./1 ~d.2.vit or Se..-nc= ~2 o":!ca ~[. 1:::-.-::i .. . -- c::pr ci == :):=.r~1 ... :.::.: ..::~:=:s . ' ==:::t. So~ Shci5 ot CotilArr. ?~ ,0 ..- COSTS ::.c..~v'1C::: ~(!!.!.1.GE ...:: : LlJA '.17 s - s COMMONWEALTll OF PENNA: COUNTY OF DAUPllIN: SIIERIFF'S RETURN N(). 95-5054 Civil Teon I'Am\ 2 AND NOW: Sept. 29th 1995 ,lit 1:15P.\1, SI::RVED TilE WITHIN S\JIIlIOns UPON Raymond Warren Associates II\' PERSONALl.Y HANDING TO Marcy Freedman, Receptionist and person in charge at time of service A TRUE ATTESTED COPY OF THE ORIGINAl. Sl.IIlIIIOns AND MAKING KNOWN TO her THE CONTENTS THEREOF AT their place of business, 15th S. 31st St. Harrisburg, pa. SO ANSWERS ,,'11f';~ ,j:{. ~~Cl:J SHERIFF OF DAUPHIN COUNTY, P[NNA lW ~LJu~L DEI'llTY SlIE RIFF Sworn and SUhscl'jb.,<i tn b,>torc Inf' this ~<iilY of Oct. A' I, . L-. 1'/(1f_i..-".'t,LJ PROTIION01'AHY II} 95 811 EIt liT'S l'O~ r ,~p....:?s- 8 IA DOUGLAS MEDCALF. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA 95-5054 CIVIL TERM CIVIL ACfION. LAW vs. RAYMOND WARREN ASSOCIATES. Defendant IN RE: PLAINTIFFS MOTION FOR RULE TO SHOW CAUSE ORDER AND NOW. this 10' day of November. 1995. a rule is issued on the defendant to show cause why it should not be required to respond to the request of plaintiff for production of documents, This rule returnable twenty (20) days after service, BY THE COURT. AV AIL Kevi A. Hess. J. / / ~!'ll/ 28 1995 or DOUGLAS MEDCALF, IN THE COURT OF COMMON PLEAS plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . v. NO. 95-5054 RAYMOND WARREN ASSOCIATES, . . Defendant . CIVIL ACTION - LAW . IW!I NOW, this day of November, 1995, upon consideration of Plaintiff's Motion for a Rule to Show Cause Why Defendant Should Not Be Required to Produce Documents and For Sanctions, the following Rule is hereby issued against Defendant Raymond Warren Associates: 1. On or before the Rule Returnable date set forth below, Defendant Raymond Warren Associates shall show cause to this Court why it has not produced documents requested by plaintiff in plaintiff's Request for Production of Documents (dated September 29, 1995), and why it should not be required to pay Plaintiff's reasonable attorney's fees in the preparation and presentation of this Motion for a Rule to Show Cause. 2. Unless otherwise ordered by this Court, Defendant Raymond Warren Associates shall produce for examination and copying all documents set forth in Plaintiff's Request for Production of Documents (dated September 29, 1995) at the Plaintiff's attorney's law office, 114 North Second street, Harrisburg, PA at 10:00 A.M., within seven (7) days following the Rule Returnable date set forth below. 3. Rule Returnable on , 1995. 4. plaintiff shall promptly serve this Rule upon Defendant by u.s. first class mail at Defendant's last known address. J. 2 DOUGLAS MEDCALF, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-5054 : RAYMOND WARREN ASSOCIATES, Defendant . . CIVIL ACTION - LAW PLAINTIFF'S MOTION FOR RULE TO SHOW CAUSE WHY DEFBNDANT SHOULD NOT BE REQUIRED TO PRODUCE DOCUMENTS AND FOR SANCTIONS AND NOW, comes Douglas Medcalf, Plaintiff in the above- captioned matter, by and through its attorneys Powell, Trachtman, Logan, Carrle & Bowman, P.C., and hereby moves this Court for a Rule to Show Cause why Defendant Raymond Warren Associates should not be required to produce documents and to suffer sanctions on the following grounds: 1. On September 21, 1995, Plaintiff initiated this action by writ of Summons against Defendant Raymond Warren Associates. A true and correct copy of this Writ of Summons is attached hereto as Exhibit "A" and incorporated herein by reference. 2. On September 29, 1995, the Sheriff of Cumberland County (through its duly authorized deputy, the Sheriff of Dauphin County) served upon Defendant Raymond Warren Associates the Writ of Summons in accordance with the Rules. A true and correct copy of the Sheriff's Return of Service is attached hereto, marked Exhibit "B", and incorporated herein by reference. 3. On September 29, 1995, Plaintiff issued a Request for Production of Documents pursuant to Pa,R.C.P. 4009, directing Raymond Warren Associates to produce the specified documents on or before October 31, 1995. A true and correct copy of Plaintiff's transmittal letter is attached hereto as Exhibit "c" and a true and correct copy of Plaintiff's Request for Production of Documents is attached hereto as Exhibit "D", and both are incorporated herein by reference. 4. On October 24, 1995, Plaintiff notified Defendant by regular U.S. first class mail that service of Request for Production of Document was successfully made by regular U.S. first class mail, even though service of an identical Request by certified U.S. mail was returned unclaimed. Plaintiff further notified Defendant that Defendant was obligated to respond to discovery requests. 5. On November 9, 1995, Plaintiff's counsel notified Defendant by regular U.S. first class mail that Raymond Warren Associates was required to produce those documents requested on or before November 13, 1995. Plaintiff's letter of November 9, 1995, is attached hereto as Exhibit "E" and incorporated herein by reference. 6. Raymond Warren Associates has failed to comply or otherwise respond to Plaintiff's Request as of November 20, 1995. 7. Raymond Warren Associates is not represented by counsel, and plaintiff has no confidence that Raymond Warren Associates will respond to the rules of court governing discovery unless ordered to do so and sanctioned for not doing so to date. 2 WHEREFORE, Douglas Medcalf respectfully requests that this Court issue a Rule against Raymond Warren Associates to show cause why the documents requested by Plaintiff in its Request for Production of Documents should not be provided immediately, and such other relief andlor sanctions as this Court deems just and proper. Respectfully submitted, POWELL, TRACHTHAN, LOGAN, CARRLE & BOWMAN, P.C. By (" C. r n e loD. 115 Michael W. Winfield loD. #72680 114 North Second street Harrisburg, PA 17101 (717) 238-9300 Date: November 20, 1995 3 "d """.,,,," at ;.', _'. " .,,'.. (:) .'.-.\ . , ,',; ExhIbIt A POWELL, TRACHTHAN, LOGAN, CARRLE BY, C. GRAINGER BOWMAN, ESQUIRE ATTORNEY 1.0. NO. 15706 114 NORTH SECOND STREET HARRISBURG, PA 17101 (717) 238-9300 ATTORNEY FOR PLAINTIFF , BOWHAN, P.C. DOUGLAS MEDCALF, plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. 90- j{l~4-- NO. , 1995 CIVIL ACTION OL~Hl ,,)h 1 I \... RAYMOND WARREN ASSOCIATES, Defendant PRAECIPE FOR WRIT OF SUMMONS To the Prothonotary: Kindly issue a writ of summons in the above-captioned action, POWELL, TRACHTMAN, LOGAN CARRLE & BOWMAN, P.C. , By JG/tse.l:-; 1. D. 115706 114 North Second Street Harrisburg, PA 17101 (717) 238-9300 Date: September 20, 1995 .' ". r ,': t. ~ - UJ <J1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DOUGLAS MEDCALF, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. RAYMOND WARREN ASSOCIATES, Defendant NO. , 1995 CIVIL ACTION WRIT OF SUMMONS TO: Raymond Warren Associates 15 S. 31st street Harrisburg, PA 17111 You are hereby notified that Douglas Medcalf has commenced an action against you. Prothonotary ill.l,IATI.~I("'" "'''011'0 Ul" ..r"'-~I!l @ ,." f.. ElctM.. ,\ ,; SHERIff'S RETURN - OUT Of COUNTY CASE NO: 1995-05054 P COMMONWEALTH Of PENNSYLVANIA: COUNTY Of CUMBERLAND MEDCALf DOUGLAS VS. WARREN RAYMOND ASSOCIATES R. Thomas Kline , Sheriff, who being duly sworn accord~ng to law, says. that he made a diligent search and inquiry for the wlthin named defendant, to wit: RAYMOND WARREN ASSOCIATES but was unable to locate Them deputized the sheriff of DAUPHIN to serve the within WRIT Of SUMMONS in his ball1Wick. He therefore County, Pennsylvania. On October 5th, 1995 . this office was in receipt of Pennsylvanla. the attached return from DAUPHIN County, Sheriff's Costs: Docketing Out of County Surcharge DAUPHIN COUNTY So anBw~~:, d'. /' :?~:"':d </i R. Ithomas Kllne, Sher~tl / 18.00 9.00 2.00 29.25 6~B.25 GRAINGER BOWMAN 10/05/1995 Sworn and subscribed to before me this day of 19 A. D. Prothonotary COMMONWEALTH OF PENNA: COUNTY OF DAUPHIN: SHERIf'I"S RETURN NO. 95-5054 Civil Term PAGE 2 AND NOW: Sept, 29th 1995 .nl 1:15 p, ~1. SERVW TlfH WITHIN Surrmons ---.----.--. ....-.. ---'-'--'--"'-.~, .._--_.. . . .. . - --.--...- UPON Raymond Warren Associates B\' PERSONAL1,y HANDING TO Marcy Freedman, Receptionist and person in charge at time of service A TRUE ATTESTED COPY OF THE ORIGINAl, SlIlI1lOns AND MAKING KNOWN TO her THE CONTENTS THEREOF AT their place of business, 15th S. 31st St. Harrisburg, pa. SO ANSWERS .__~b~:::;_1i ~.q_ SHERIFF OF DAUPHIN COUNTY, PENNA B~___.~~ DEPUTY SIIJ::RIFF Sworn and subscrib"d to ~h~. M::V~t. PROTHONOTARY }'1 95 SllERII'I"~ COST'" .tJP.Pa- S'IA \ t^W OIIKD POWELL, TRACHTMAN, LOGAN, CARRLE M BOWMAN ^ 1'tl.Ofl\\ION^' (Ol'f()tl-^IICltJ 114 NOfl.TH ~ltONll '1fl.11! j6J '-"JUJU (,tJtPH IlO^1l ~IN(. Of rlUJ~!lI^. .'^ 1lI41)t, Iblm 3':J4 9/00 . AX (6101 3~.J4 .':IlfIO "^RRI~8URG. P^ 111<11 MICHAll G fRAOHMAtJ 'AUl A l~AH.'" GUNTHER 0 CARRU. C GR.AIHGl.R eo.MAN RICHARD II A)HEt<lfEl UI\, JR MARl f IlRANCATo- JQNA THA'" l HOlLIN JOEL , pUUu. TEl"'. MARl ~ MClAI.... ETHAN N HALIlERH APT. MVIO T 80lGUU IC..EVIN II ",AT!ION OA.VIO VI rRANO~ Jon R SPlVAC.l.' STEVEN G IlARD)UY. ROllER T E IlAllAflD. MAR'A T COU1'lTRY. MICHAEl" W,""FJUD" (1I1l 2JB ~)300 fAc..\IMIU (1111 }_18 IJ1.'" SUITE 126 811 CUUkC.U IlD^O OU.lIlY HILL NJ 0600.... (609166)0021 lAX 1609) 6631")90 september 29, 1995 Of cOlJ~~1l RALPH B pOWELL JR PATRlCl '(II L1DDU. PUASt: flU'\. Y TO .Al)O AOMITTtO IN NJ ,AL)O AOMITTtO IN DC ,ALSO AD).4ITT10 IN Ne: oAL!.O ADMITTtD IN ,,",0 .AlSO AD).4ITT10 IN Of Harrisburg Raymond Warren Associates 15 s. 31st street Harrisburg. PA 17111 Re: DOuglas Medcalf v. Raymond Warren Associates No. 95-5054. cumberland countv This firm represents Douglas Medcalf in the above-captioned matter. Enclosed for service please find Plaintiff Douglas Medcalf's Request for production of Documents. Dear Sir or Madam: sincerely yours, By rainger Bowman hael W. winfield MWW/slb Enclosure , // I Exhibit 0 \ " POWELL, TRACHTMAN, LOGAN, CARRLE BY: C. GRAINGER BOWMAN, ESQUIRE ATTORNEY 1.0. NO. 15706 114 NORTH SECOND STREET HARRISBURG, PA 17101 (717) 238-9300 ATTORNEYS FOR PLAINTIFF & BOWMAN, P.C. DOUGLAS MEDCALF, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 95-5054 RAYMOND WARREN ASSOCIATES, Defendant CIVIL ACTION - LAW PLAINTIFF DOUGLAS MEDCALF'S REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT RAYMOND WARREN ASSOCIATES TO: DEFENDANT RAYMOND WARREN ASSOCIATES, or its Attorney: Pursuant to Pa.R.C.P. No. 4009, Plaintiff Douglas Medcalf, by his attorney Powell, Trachtman, Logan, CarrIe & Bowman, P.C. and C. Grainger Bowman, hereby requests production of the following documents by Defendant Raymond Warren Associates for inspection and copying at the law offices of POWELL, TRACHTMAN, LOGAN, CARRLE & BOWMAN, P.C. on October 31, 1995 at 9:00 A.M., 114 North Second Street, Harrisburg, Pennsylvania, or forwarding true and correct copies thereof to the undersigned at this office within thirty days after service of this request. Please be advised this is a continuous request, and that any response should be supplemented immediately upon the receipt of additional information. 1. All contract documents in your possession by and between Raymond Warren Associates, Inc. and Douglas Medcalf, relating to the improvement of his residential real estate at 1100 Tiverton Road, Mechanicsburg, Pennsylvania, including but not limited to: a. Agreement b. Plans c. Drawings d. Specifications e. Supplemental and Special provisions f. Change Orders and/or Modifications g. Insurance Certificates h. Subcontracts i. Supply Agreements j. Purchase Orders k. Underlying Documentation on Which Raymond Warren Associates' Bid was Based 1. Project Schedule m. All Project Diaries or Logs n. Manpower Records o. Equipment Records p. Material Records q. Supervisory Records 2. All correspondence between any person representing Raymond Warren Associates, and Douglas Medcalf or his agents. 2 3. All Notices to or from Raymond Warren Associates relating to the Project. 4. All payment records in the possession of Raymond Warren Associates, including invoices and records of payment made by and between: a. Douglas Medcalf and Raymond Warren Associates b. Raymond Warren Associates and its Subcontractors c. Raymond Warren Associates and its Suppliers or Materialmen. POWELL, TRACHTMAN, LOGAN CARRLE & BOWMAN, P.C. By c. Gral 1.0. #1 Michael W. Winfield 1.0. 172680 114 North Second Street Harrisburg, PA 17101 (717) 238-9000 Attorneys for Douglas Medcalf, Plaintiff Date: September 29, 1995 3 CERTIFICATE OF SERVICE AND NOW, on this 29th day of September, 1995, I hereby certify that I have served a true and correct copy of Plaintiff Douglas Medcalf's Request for Production of Documents upon the following person(s) by mailing the same by regular first class United states mail, postage prepaid and certified mail, return receipt requested. Raymond Warren Associates 15 S. 31st Street Harrisburg, PA 17111 By Raymond warren Associates November 9, 1995 Page 2 .. ,.ymond w.rreo ..sooi.teS is being provided tbis fio.l notice to produne the deon_ents identified in pl.intiff'S ..quest for produotion of Doouments on or before wove...r ", "" .t .,00 a.M., .t the lev offioes of powell, Tr.obtman, ...en, c.rrle , ..woan, P.C., 11' Wortb Seoond street, ,th "oor, ..rrisbu", PA. 5. If Raymond warren ASSociateS fails to produce as regoired .nd .s set forth .bove, Pl.intiff vill file ...inst you . Motion to coopel PrOdnotioO of Doeuments vhiob vill seek · judioi., order, order in, ,.yoond w.rren assooi.tes to prodUoe the speoified doO...ots .nd for suoh other relief .s is .ppropri.te on .ooount of ,.yoond w.rreo associ.teS' f.ilnre to produoe. 6. If yoU have counsel representing Raymond ASSociates, please have that counsel contact me. have counsel, you should seek counsel. CGB/slb Enclosure cc: Douglas Medcalf warren If yoU do not ~ SincerelY yours, POWELL, TRACHTMAN, LOGAN cARRLE , BOWMAN, P.C. (\ ~.). ,~ f\. \1::'.\ BY I ..,. At.:- -- C. Graingi:\;owroan Attorney ~-DOuglas Medcalf CBRTIFICATB OF SBRVICB AND NOW, on this 20th day of November, 1995, I hereby certify that I have served a true and correct copy of Plaintiff's Motion for Rule to Show Cause Why Defendant Should Not be Required to Produce Documents and for Sanctions upon the following person(s) by mailing the same by regular first class United States mail, postage prepaid. Raymond Warren Associates P,O, Box 61282 Harrisburg, PA 17106-1282 ~O owman DOUGLAS MEDCALF, plaintiff v, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO, 95-5054 , , RAYMOND WARREN ASSOCIATES, Defendant : CIVIL ACTION - LAW PRooP AND RBTURB OP SERVICB OP RULB TO SHOW CAUSB AND VERIFICATION OP PLAINTIFP'S ATTORHBY 1, The undersigned, C, Grainger Bowman, Esquire, is Plaintiff's attorney in the above-captioned matter, 2. I make this verification as a proof of service and return of service of the Order of this Court, dated November 30, 1995, said Order being a Rule issued upon Defendant to show cause why it should not be required to respond to the request of Plaintiff for production of documents (hereinafter "Rule"). 3, I verify the statement of facts set forth below and make this statement subject to the penalties of 18 Pa,C,S, 54904 relating to unsworn falsification to authorities, 4, On November 28, 1995, I filed with this Court a Motion for a Rule to Show Cause Why Defendant Should not be Required to Produce Documents and for Sanctions, 5, On November 30, 1995, the Rule was issued (per Hess, J,), and made returnable twenty (20) days after service. 6, The Rule was received by me on Monday, December 4, 1995 by first class U.S. mail from the Prothonotary of the Court. 7. On Monday, December 4, 1995, I personally went to the business address of Raymond Warren Associates, Inc, at 15 S. 31st street, Harrisburg, PA to personally serve the Rule upon an , officer or person in charge of Raymond Warren Associates, Inc, I found that the doors of Raymond Warren Associates, Inc, were locked at approximately 1:30 P,M, A person who appeared to me to be Michael McMullin, an officer of Raymond Warren Associates, Inc" came from the rear of the business address of Raymond Warren Associates, and I asked him if he was Michael McMullin, When this person verbally responded to me, he refused to identify himself. His voice sounded like the voice of Michael McMullin who had telephoned me on June 5, 1995 and at least one other occasion, On those occasions he identified himself as Michael McMullin, On December 4, 1995, a next door neighbor also identified this same person as being one of the owners of Raymond Warren Associates, 8. This same person, whom I believe to be Michael McMullin, refused to verify that he was Michael McMullin and refused to accept a certified copy of the Rule to Show Cause and Plaintiff's Motion for a Rule to Show Cause. This same person did accept my professional business card, and he indicated that he would have the attorney for Raymond Warren Associates call me on the phone to discuss this Court's Rule, which I was attempting to serve on Raymond Warren Associates, 9, As of the date of this Verification, no attorney has contacted me stating that he represents Raymond Warren Associates in this matter, or inquiring as to the contents or reasons for 2 Plaintiff's Motion for a Rule to Show Cause or this Court's Rule, To my knowledge, no attorney has filed an entry of appearance on behalf of Defendant in this case, 10, On December 4, 1995, immediately following my unsuccessful attempt to personally serve Raymond Warren Associates, Inc, I instructed my associate to serve by regular first class U,S, mail, a true and correct copy of the Rule and Plaintiff's Motion for a Rule to Show Cause upon Raymond Warren Associates, Inc. Michael W. Winfield, Esq, mailed a true copy of the Motion and a certified copy of the Rule to Raymond Warren Associates, Inc. (Attn: Michael McMullin), addressed to Post Office Box 61282, Harrisburg, PA 17106-1282, This post office box was identified by the office of the U.S. Postmaster as the post office box of Raymond Warren Associates, and was identified as the only address to which first class mail could be delivered, 11. This Court has personal jurisdiction over Raymond Warren Associates arising out of the Sheriff's personal service of the Writ of Summons in the above-captioned case upon the Defendant. My service of the Rule and the Plaintiff's Motion by regular first class U.S, mail is satisfactory service of a document under the Rules of Court, 3 12. Allowing three (3) days for U,S, Postal Service delivery by mail of the Rule to Show Cause, this Court's Rule is now returnable on a date certain, to wit, December 27, 1995, POWELL, TRACHTMAN, LOGAN CARRLE & BOWMAN, P.C. ~ C. ~~~~ 1.0. #15706 Michael W. Winfield 1.0. #72680 114 North Second Street Harrisburg, PA 17101 (717) 238-9300 Date: December 7, 1995 4 CBRTIrICATB or SBRVICB AND NOW, on this 7th day of December, 1995, I hereby certify that I have served a true and correct copy of Proof and Return of Service of Rule to Show Cause and Verification of Plaintiff's Attorney upon the following person(s) by mailing the same by regular first class United States mail, postage prepaid. Raymond Warren Associates ATTN: Michael McMullin P,O. Box 61282 Harrisburg, PA 17106-1282 Prothonotary of cumberland County CUmberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 By /:'k-~- . ' . JAN 2 1996~, DOUGLAS MEDCALF, Plaintiff v, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-5054 RAYMOND WARREN ASSOCIA~ES, Defendant CIVIL ACTION - LAW RULB ABSOLUTB ORDBR AND NOW, this J:' day of ..r a- "'7 , 199~, pursuant to Plaintiff's Motion for this Court's Rule to Show Cause to be Made Absolute, and upon an examination of the record in the Office of the Prothonotary that this Court's Rule of November 30, 1995 has not been responded to by Defendant Raymond Warren Associates, this Court finds that cause has not been shown why Plaintiff's Request for Production of Documents has not been responded to, Plaintiff's Motion is hereby granted and this Court's Rule, dated November 30, 1995 is hereby made ABSOLUTE, and this Court ORDERS the following: 1, Defendant Raymond Warren Associates shall comply with Plaintiff's Request for Production of Documents (dated September 29, 1995) and shall produce for examination and copying all documents set forth therein at Plaintiff's law office, 114 North Second Street, Harrisburg, PA on January 8, 1996 at 10:00 A.M. 2. Defendant Raymond Warren Associates shall immediately pay attorneys fees plus costs to the Plaintiff Douglas Medcalf in the total sum of $283.05 for Defendant's failure to respond to the referenced Plaintiff's Request for Production of Documents and to this Court's Rule, dated November 30, 1995. . ' , 3. Plaintiff shall promptly serve this Rule Absolute upon Defendant Raymond Warren Associates by U.8, first class mail at Defendant's last known address, and such service shall be deemed sufficient service of this Rule Absolute, Plaintiff shall file its proof and return of service within five (5) days of service, BY THE COURT, A~ J. 2 DOUGLAS MEDCALF, Plaintiff v, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO, 95-5054 RAYMOND WARREN ASSOCIATES, Defendant CIVIL ACTION - LAW PLAINTIPP'S MOTION POR RULB TO SHOW CAOS! TO BB MADB ABSOLOT! AND NOW, comes Douglas Medcalf, Plaintiff in the above- captioned matter, by and through his attorneys Powell, Trachtman, Logan, Carrle & Bowman, P,C" and hereby moves this Court to make absolute this Court's Rule of November 30, 1995: 1, This Court's Order of November 30, 1995 states as follows: AND NOW, this 30th day of November, 1995, a rule is issued on the defendant to show cause why it should not be required to respond to the request of plaintiff for production of documents, This Rule returnable twenty (20) days after service, BY THE COURT, Kevin A, Hess, J, [certified by the Prothonotary as a true copy from the record, November 30, 1995, by shirley A. Peiper, Deputy Prothonotary] (hereinafter "Rule"), 2, The above-referenced Rule was issued by this Court incident to Plaintiff's Motion for Rule to Show Cause Why Defendant Should Not be Required to Produce Documents and for Sanctions, 3, Immediately upon receipt from this Court, Plaintiff's attorney served the Rule by regular U.S, first class mail, dated December 4, 1995. Allowing three (3) days for U.S. Postal Service's delivery by mail of the Rule, the Rule is returnable on December 27, 1995, Immediately prior to service by mail, Plaintiff's attorney attempted to serve this Rule personally upon a managing executive of Raymond Warren Associates (Michael McMullen) on December 4, but the managing executive refused to accept a certified copy of the Rule from Plaintiff's attorney, 4, Plaintiff's attorney filed of record Proof and Return of Service with the Office of the Prothonotary on December 8, 1995, ~ Exhibit "A". 5. Defendant Raymond Warren Associates is within the personal jurisdiction of the Court of Common Pleas of cumberland County, pursuant to the Sheriff's service of a Writ of Summons in the above-referenced action. The Writ of Summons' return of service is also filed of record with the Office of the Prothonotary. Accordingly, service of the Rule by mail is proper service, 6. Raymond Warren Associates has failed to comply or otherwise respond to this Court's Rule as of December 27, 1995, necessitating this Motion, 7. No attorney of record has entered his appearance on behalf of Defendant. No attorney has contacted Plaintiff's attorney claiming to represent Defendant Raymond Warren Associates in this matter. Plaintiff has no confidence that Defendant Raymond Warren Associates will respond to court rules governing discovery unless ordered to do so and sanctioned for not doing so. 8, Plaintiff's attorney has expended not less than one and one half (1 1/2) hours of attorney's time in the preparation of the Motion for a Rule to Show Cause, contacting Douglas Medcalf 2 and explaining the procedural status of discovery, attempting personal service on Defendant, making service by mail, and preparing this Motion for Rule to be Made Absolute, My hourly rate for this matter is $175,00 per hour, Calculation: $175 x 1,5 hours equals $262,50. Reproduction costs equal $20,55, Total fees plus costs equals $283.05 WHEREFORE, Plaintiff respectfully requests as follows: (1) Defendant Raymond Warren Associates be compelled to produce for examination and copying all documents set forth in Plaintiff's Request for Production of Documents at the Plaintiff's attorneys law office, 114 North Second street, Harrisburg, PA, at 10:00 A.M., January 8, 1996; and (2) Defendant Raymond Warren Associates be sanctioned with attorneys fees and costs and other such sanctions as shall be appropriate for Defendant's failure to respond to R2tb Plaintiff' Request for the Production of Documents, dated September 29, 1995, ADd to this Court's Rule, dated November 30, 1995; and (3) Such other relief as this Court shall direct. Respectfully submitted, POWELL, TRACHTMAN, LOGAN, CARRLE & BOWMAN, P,C. " By C. Gra nge I,D. #15706 114 North Second Street Harrisburg, PA 17101 (717) 238-9300 Attorneys for Plaintiff Douglas Medcalf Date: December 28, 1995 3 officer or person in charge of Raymond Warren Associates, Inc. I found that the doors of Raymond Warren Associates, Inc. were locked at approximately 1:30 P.M. A person who appeared to me to be Michael McMullin, an officer of Raymond Warren Associates, Inc., came from the rear of the business address of Raymond Warren Associates, and I asked him if he was Michael McMullin. When this person verbally responded to me, he refused to identify himself. His voice sounded like the voice of Michael McMullin who had telephoned me on June 5, 1995 and at least one other occasion. On those occasions he identified himself as Michael McMullin. On December 4, 1995, a next door neighbor also identified this same person as being one of the owners of Raymond Warren Associates. 8. This same person, whom I believe to be Michael McMullin, refused to verify that he was Michael McMullin and refused to accept a certified copy of the Rule to Show Cause and Plaintiff's Motion for a Rule to Show Cause. This same person did accept my professional business card, and he indicated that he would have the attorney for Raymond Warren Associates call me on the phone to discuss this Court's Rule, which I was attempting to serve on Raymond Warren Associates. 9. As of the date of this Verification, no attorney has contacted me stating that he represents Raymond Warren Associates in this matter, or inquiring as to the contents or reasons for 2 Plaintiff's Motion for a Rule to Show Cause or this Court's Rule. To my knowledge, no attorney has filed an entry of appearance on behalf of Defendant in this case. 10. On December 4, 1995, immediately fOllowing my unsuccessful attempt to personally serve Raymond Warren Associates, Inc. I instructed my associate to serve by regular first class u.S. mail, a true and correct copy of the Rule and Plaintiff's Motion for a Rule to Show Cause upon Raymond Warren Associates, Inc. Michael W. Winfield, Esq. mailed a true copy of the Motion and a certified copy of the Rule to Raymond Warren Associates, Inc. (Attn: Michael McMUllin), addressed to Post Office Box 61282, Harrisburg, PA 17106-1282. This post office box was identified by the office of the u.S. Postmaster as the post office box of Raymond Warren Associates, and was identified as the only address to which first class mail could be delivered. 11. This Court has personal jurisdiction over Raymond Warren Associates arising out of the Sheriff's personal service of the Writ of Summons in the above-captioned case upon the Defendant. My service of the Rule and the Plaintiff's Motion by regular first class u.S. mail is satisfactory service of a document under the Rules of Court. 3 12, Allowing three (3) days for U.S. Postal Service delivery by mail of the Rule to Show Cause, this Court's Rule is now returnable on a date certain, to wit, December 27, 1995. POWELL, TRACHTMAN, LOGAN CARRLE & BOWMAN, P.C. ~ c. ~~~ 1.0, #15706 Michael W. Winfield 1.0. #72680 114 North Second Street Harrisburg, PA 17101 (717) 238-9300 Date: December 7, 1995 4 CERTIPICATB OF SBRVICB AND NOW, on this 7th day of December, 1995, I hereby certify that I have served a true and correct copy of proof and Return of Service of Rule to Show Cause and Verification of plaintiff's Attorney upon the following person(s) by mailing the same by regular first class United states mail, postage prepaid. Raymond Warren Associates ATTN: Michael McMullin P.O. Box 61282 Harrisburg, PA 17106-1282 Prothonotary of Cumberland County cumberland county courthouse 1 Courthouse Square carlisle, PA 17013 (l~ )1 Ii By c. Grainger'~~l:--- DOUGLAS MEDCALF, : IN THE COURT OF COMMON PLEAS Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA , , , v. . , : RAYMOND WARREN ASSOCIATES, , NO, 95-5054 Civil Term , Defendant : CIVIL ACTION PROOF AND RETURN OF SERVICB OF ORDER HAltING ROLE ABSOLUTB The undersigned, Michael W, Winfield, Esq. hereby certifies that on January 5, 1996, he served upon Raymond Warren Associates a copy of the RULE ABSOLUTE, issued by this Court (per Hess, J.) on January 3, 1996, by United States Mail, first class postage prepaid, This certification is made subject to the penalties of 18 Pa,C.S. S 4904 relating to unsworn falsification to authorities. POWELL, TRACHTMAN, LOGAN, CARRLE & B , P.C, Gra nger Bowman I. . #15706 M chael W. Winfiel I.D. #72680 114 North Second S eet Harrisburg, PA 17101 (717) 238-9300 By CBRTIPICATB OP SBRVICB AND NOW, on January 5, 1996, I hereby certify that I have served a true and correct copy of PROOP AND RBTURN OP SIRVICB OP ORDIR MAKING RULB ABSOLUTB upon the following person(s) by mailing the same by regular first class United states mail, postage prepaid, Raymond Warren ATTN: Michael P.O, Box 61282 Harrisburg, PA Associates McMullin 17106-1282 Prothonotary of CUmberland County CUmberland County Courthouse One Courthouse Square Carlisle, PA 17013 ~";T-","",_~,"'l";"""~~~"""'~"'" ' ..~~~~~.,~:;'"~~;0:.,<');,,-,.,",,>:,;,:y:"":;;"/"-'-t - ,t",-;'::~:;;:-'.bi':,;-' - ,'." ,'.' - DOUGLAS MEDCALF, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. RAYMOND WARREN ASSOCIATES, Defendant : NO, 95-5054 : CIVIL ACTION NOT I C B 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 Notice and Complaint 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 comolaint or for anv other cIa r lief e uested t e inti_f. You ma lose mo e or orooertv or other riqhts imoortant to vou. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER ~T ONCE, I~ ~OU DO ~Oi ~E A LAWYER OR CANN~~ A~O: O~E y GO i~ O~ T~~~i~ON~ ~E OFFICE SET FORT BELOW TO FI 0 ER OU C G E . Court Administrator CUmberland County Courthouse 4th Floor Carlisle, PA 17013 (717) 240-6200 NOT I C I A Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siquientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demand a y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orad en contra usted sin previo aviso notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 ostros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE, SI NO TIENE ABODAGO 0 SI NO TIENE EL DINERO SOFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SO PUEDE CONSEGUIR ASISTENCIA LEGAL, Court Administrator Cumberland County Courthouse 4th Floor Carlisle, PA 17013 (717) 240-6200 POWELL, TRACHTMAN, LOGAN CARRLE & BOWMAN, P.C. By c.~.l~~ I.D, #15706 114 North Second street Harrisburg, PA 17101 (717) 238-9300 DOUGLAS MEDCALF, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . . v, NO, 95-5054 RAYMOND WARREN ASSOCIATES, Defendant : CIVIL ACTION - LAW COMPLAINT P' AND NOW, TO WIT, this ~~ day of the Plaintiff, DOUGLAS MEDCALF, by and throu , 1996, comes his attorneys, POWELL, TRACHTMAN, LOGAN, CARRLE & BOWMAN, P.C., and files the within Complaint against the Defendant, Raymond Warren Associates, as follows: 1. Plaintiff Douglas Medcalf ("Medcalf") is an adult individual residing at 1100 Tiverton Road, Mechanicsburg, Pennsylvania 17055. 2. Defendant Raymond Warren Associates ("RWA") is a corporation with a place of business located at 15 South 31st Street, Harrisburg, Pennsylvania 17111. 3. On March 21, 1995, Medcalf and RWA entered into a certain agreement for the construction of improvements to Medcalf's 1100 Tiverton Road residence, namely the finishing of Medcalf's downstairs basement (hereinafter "Project"). RWA identified this Project as RWA's Job #859C, which included all of the Scope of Work attached hereto as Exhibit "A", 4, RWA has wholly failed to perform certain things which were expressly or by necessary implication required to be done and performed by the agreement, and also performed in a poor, improper, and unworkmanlike manner certain things which were expressly or by necessary implication required by the agreement to be done and performed in a proper and workmanlike manner, as follows: a, Failed to complete the Project within approximately 21 days from March 21, 1995, as expressly promised; b. Performed untimely and inadequate work; c, Abandoned the construction Project in the middle of the Project, not completing its obligation to perform; d. Refused to return to work without cause; 2 e. Created health and safety hazards; f, Permitted areas under construction to remain open, hazardous and in an unsafe and incomplete condition; g. Materials were inadequately stored on site; h, Abandoned the site with a large hole in the basement concrete slab, which permitted water to come through basement floor and damage property of Medcalf; i, Poorly administered the Project, permitting poor workmanship and by not making timely payments to RWA employees and/or subcontractors; j. Failed to give any schedule for completing the work; k, Failed to provide lien waivers; 1, Failed to correct deficiencies, which were violations of building code; and m, Failed to perform work paid for in advance. 5. RWA failed and refused to perform the work according to contract and good and workmanlike skill, and has abandoned the Project, constructively and wrongfully terminating the contract. 6. Medcalf paid to RWA the sum of $2,812,50 for work which was not performed, 7, Medcalf was required to hire an independent contractor, and was further required to expend a reasonable sum of $1,596,00 to remedy RWA's breaches and abandonment of contract, B. Medcalf suffered the following additional losses as a result of RWA's abandonment and wrongful termination: a, $1,500,00 - Lost property due to flood in basement caused by RWA. b. $ 200.00 - Replace sump pump (burned out by flood) . c, $ 91,50 - Interest on $2,812.50. 9. Medcalf has fulfilled all the provisions of the agreement on his part to be performed, and has fulfilled all of the conditions precedent to the bringing of this action. 10. Medcalf has suffered by RWA's refusal to comply with pre-complaint discovery Orders of this Court, including RWA's refusal to pay $283.05 in attorney's fees Ordered by this Court on January 3, 1996, WHEREFORE, Plaintiff demands judgment against defendant in 3 an amount of $6,4B3,05 with costs, interest, and attorneys fees, POWELL, TRACHTMAN, LOGAN ~(i T' P'~,~ C, Graing~an I.D. #15706 Michael W. Winfield I.D, #72680 114 North Second Street Harrisburg, PA 17101 (717) 238-9300 VBRIFICATION I verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief, I understand that any false statements made herein are subject to the penalties of 18 Pa,C,S, 54904 relating to unsworn falsification to authorities. Date: p~ 1.8, Iqq~ .00 <<:AIIPENTR'Y - .&) J.l1JRNlSll AND INSTAL" 1 SETS OF 4'-0. PAINT GRADE SIX PANE" BI.FOW DOOBS W/IIAIIDWABE. B. FIJRNISH AND INSTAL" 2 . SETS OF 3'.0.PAINT GRADE SIX PANEL BI.FO"O DOORS WIllARDWAIIE ~. FIJBNISII AND INSTAL" 2. ".,. PD. KIJNG PAINT GRADE SIX PANE" DOOB O. FlJRNISB AND INSTALL 4 MIL POL-VDIL BETWEEN METALlUlJDS AND EXISTING IILO~K WALJ.S. E. FI1BNISH AND INSTALL PAINT GIlADE BASE MOLDING AT BOnOM OF DBYWAL" WALlS. F. FI1IlN1SH AND INSTALL OOOB ~ASING AB01JND DOOR FRAMES. G. l'.X 24 · X 24. B8X AII01JND 4. pvt PIPE THAT BIJN FROM 1'..... TO tElLING. ID BOX AJlO1JND POST SUPPO.T WITIII". SANDED ONE SIDE PLYWHD \V/OIJTSlDE mllNER MOLD 900 ."FING . NONE 1000 CEILING. .&) FlJIlNISH 2' X 2' DaOp CEILINS \Vitia.. IN 1IE~EA.TlON .eeM (MAX nlSHT ".,.. . 1'0. tElLING IN BATH SEE ..YWALL .100 . 1100 EXTERIO. FOOSII AND UDI- NONE 1300 INSlJIATlON - A) FIJIINISB AND INSTALL S 112" INSIJLATlON D01JND EXISTING BL8tK WALL IN BIreEATlON. .. FIJJlNISII AND INSTALL 3 1/3 - INS1JIATlON IN ALL WALL IN BATH. ISOO P~dNG - A) 1 t:.,AT PlUME .N DRYWALL .. 2 t:O,ATS of FIAT LATEX PICOD PR.M RAmOND WARREN ASSoaATES INt:. SAMPLES..N WALLS t:t 2 t:O,ATS OF SEMI- G....SS lATEX .N TIUM. PltOD n.M BAYH.NO WARREN ASSOtIATES SAMPLES. 1400 PL1JMBING A) FIJIINISII AND INSTAL'" THE F.......WlNG FlUDES IN WBlTt; I- SB.WER IJNIT I- TOILET I- SJNI{ I- !li~.1JNIT WITB t:01JNTEa TOP . UOO B.VAC:. At F11D1SB AND INstALl. :I SIlPPI.Y BlJtTS IN BEt. .. F1JMISII AND INSTALL I S1JPP1. Y D1Jt:T IN BAD c:t naNISM AND ISTALL BBT1JM ---- 1.00 ELBcralc:AL . At FIJIINISII AND INSTALL 1 TV toNNEtDON IN .Ee aOOH. OWNER Te LOaTE . FIJIINISB AND INSTAJ.L I PRONE e:ONNEcnON IN BEe: .O.M. OWNEB TO LOC:ATE t. FlJIINISII AND INSTALL 17 NON.Ie: TfPE aN UGIIT WI DIM RINt;. D>> FIJIINISII AND INSTALL II . 1I0V OBI. OIJTl.ETS E>> I!'IJRNISB AND INSTALL I- :5 WAY SWlTt:B S'YSTEM FROM Ll5HT AT TeP OF STAIR TO Ll5UT AT BonOM OF STAIRS. F>> F1JRNISII AND INSTALL I. DIMMER SWl'KH 5. FIJIINISB AND INSTALl. I. GFI OWLET IN BATB ID FlJIINISII AND INSTALL I- 4 B1JI.B LIGHT OVER ltfIIIaOR WIWALL SWlTOI D FtJRNISII AND INSTALL I. EDL\IJST FAN W/WALL SWITCH. .n FIJIINISIIAND INSTALL 1 BEAT LIGHT IN CEIUNG W/WALI. none:B . 1700 CEIlAMle: TILE - NONE 1100 ..LASS AND GL.UlN5 . At MIJIUflSII AND INSTALL I. MIRROR OVER SINK IN' BATH. 1900 FLOOR C:OVERING . M FlJRNISII AND INSTALL VYNIL FLOORING IN' BATHBOOM FOR BADlOND WARBEN ASSOCIATES INC. SAMPLES ID FlJIINISII AND INSTALJ. CARPET IN' BU ROOM FROM IlADlONO W4IlBEN ASSOCIATES INC. SAMPLES 2000 STAIB AND R&II.~GS : M FIJIINISH AND INSTALL SPINDLES ON ONE smE OF STAIRS OF .. aNTElIS. 2110 SPE~&'.TIES. NONE 2200 a.EA.NlNG . DONE DAlLi" NOTES . U OWNER TO BEMOVE PEIISONAL PROPER" FROM WORK AIIEA BEFO.E WOBK <<:AN BE STARTED. GENERAL atNDITlONS: 010. PERMITS AND FEES I BY OWNER 0109 PIJNOI.UST IINt:LlJDED 0110 ~.R&1V 1JP: DONE DAILY 0111 TEUP.ONE: OWNER TO PROVIDE 0013 TIIASII REMOVAL: INUIlDED . . ~ERTIFICATE OF SERVICE AND NOW, on May 28, 1996, I hereby certify that I have served a true and correct copy of complaint upon the upon the following person(s) by regular first class United states mail, postage prepaid. Raymond Warren Associates 15 south 31st street Harrisburg, PA 17111 BY~ ~ DOUGLAS MEDCALF, , IN THE COURT OF COMMON PLEAS , Plaintiff , CUMBERLAND COUNTY, PENNSYLVANIA , , , v, . NO. 95-5054 , , , RAYMOND WARREN ASSOCIATES, , , Defendant . CIVIL ACTION - LAW . PRAECIPE J'OR DEJ'AULT JUDGIlIDlT To The Prothonotary: Enter judgment in favor of the plaintiff Douglas Medcalf, and against the defendant, Raymond Warren Associates, for want of an answer, and aSS9S the plaintiff's damages as follows: Amount claimed in plaintiff's complaint .....$6,483.05 Along with interest and costs. It is certified that a written notice of intention to file this praecipe was mailed to the defendant against whom judgment is to be entered after the default occurred and at least 10 days prior to the date of the filing of this praecipe, A true and correct copy of this written notice is attached hereto as Exhibit "A". POWELL, TRACHTMAN, LOGAN CARRLE' WMAN, P.C. ~/ J Date: July;{, 1996 Judgment entered and By . C. Gra ng r Bowman 1.0, #1570 114 N. Second Street Harrisburg, PA 17101 (717) 238-9300 Attorney for Plaintiff damage. a.sessed as rve, ~,l fl,I.. f_ " 1>-- ,roth notart J /~/,J '"''''''.''''' ....., (1) ExhIbIt A ,\ " . ," . DOUGLAS MEDCALF, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY PENNSYLVANIA : v. . , NO. 95-5054 : RAYMOND WARREN ASSOCIATES, Defendant CIVIL ACTION - LAW . , IMPORTANT NOTICB TO: RAYMOND WARREN ASSOCIATES 15 S. 31st Street Harrisburg, PA 17111 DATE OF NOTICE: June 20, 1996 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. 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 CarliSle, PA 17013 (717) 240-6200 NOTICIA IKPOR'l'AN'1'B A: RAYMOND WARREN ASSOCIATES 15 S, 31st Street Harrisburg, PA 17111 FECHA DE NOTICIA: June 20, 1996 USTED NO HA COMPLIDO CON EL AVISO ANTERIOR PROQUE HA FALTADO EN TOMAR MEDIDAS REQUERIDAS RESPECTO A ESTE CASE. 51 USTED NO ACTUA DENTRO DE DIEZ (10) DIAS DESDE LA FECHA DE ESTA NOTICIA, ES POSIBLE QUE UN FALLO SERIA REGISTRADO CONTRA USTED SIN UNA AUDIENCIA Y USTED PODRIA PERDER SU PROPIEDAD 0 OSTROS DERECHOS . IMPORTANTES. USTED DEBE LLEVAR ESTA NOTICIA A SU ABOGADO EN SEGUIDA, SI USTED NO TIENE ABOGADO 0 NO TIENE CON QUE PAGAR LOS SERVICIOS DE UN ABOGADO, VAYA 0 LLAME A LA OFICINA ESCRITA ABAJO PARA AVERIGUAR A DONDE USTED PUEDE OBTENEER AL AYUOA LEGAL, Court Administrator cumberland County Courthouse 4th Floor Carlisle, PA 17013 (717) 240-6200 POWELL, TRACHTMAN, LOGAN, CARRLE & BOWMAN, P.C, By C. Gra nger I.D. #15706 114 North Second Street Harrisburg, PA 17101 (717) 238-9300 Attorneys for Plaintiff - CERTIFICATE OF SERVICE AND NOW, on June 20, 1996, I hereby certify that I have served a true and correct copy of Notice of Default upon the followinq person(s) by regular first class United States mail, postaqe prepaid, Raymond Warren Associates lS South 31st Street Harrisburq, PA 17111 By co CIRTIPICATB OP 8IRVICB AND NOW, on July 1, 1996, I hereby certify that I have served a true and correct copy of Praeoipe for Default Ju4qaent upon the following person(s) by mailing the same by regular first class United states mail, postage prepaid. Raymond Warren Associates ATTN: Michael McMullin P,O, Box 61282 Harrisburg, PA 17106-1282 Bye. C, Gra L an . ....".... .- -. . , ~</'! ~ i' :!.. :... '1 . ~.;:...::.,;. .-< ~i. AlED-Or"'FICE OF 11-'E rF')'!l t'J~')Ti\RY 96 JUL -5 Pl1 3: ~,G C',u. " . \JM:';":'~ l-:' ,-' .>. --~\ t , P8-t':SYLW":\~\ (1 ~ r-/J Cf f-1j C!. tl. / r-t~ cf;....--, q010J (3 , .. "'.' ",~,;.:,..,.;,:....;;,::--~-; -..!.-'. --".~,..,-~ ~. t' . ,. . SHERIff'S RETURN - GARNISHEE CASE NO: 1995-05054 P COMMONWEALTH OF PENNSYLVANIA: COUNTY Of CUMBERLAND HF:nr:AI.F nnll[;LAS VS. WARREN RAYMOND ASSOCIATES And now STEVE M WHISTLER , Sheriff or Deputy Sheriff of CUMBERLAND County, who being duly sworn according to law, at 1413:00 HOURS, on the 31st day of July , 1996, attached as herein commanded all goods, chattels. rights, debts, credits, and moneys of the within named defendant RAYMOND WARREN ASSOCIATES in the hands, possession. or control of the within named Garnishee MEMBERS 1ST FEDERAL CREDIT UNION by then and there summoning the said Garnishee at 5275 TRINDLE ROAD MECHANICSBURG. PA 17055 CUMBERLAND County, Pennsylvania. by handing to ARLANDA DINTAMAN COLLECTION SUPERVISOR , personally three copies of interrogatories together with 2 true and attested copies of the within WRIT OF SUMMONS and made the contents thereof known to her. Sheriff's Costs: Docketing Service Affidavit Surcharge .00 .00 .00 .00 So ansve;~~~F' '.(DID R. Thomas Kline, ~heritf 00/00/0000 by ~ ~ \. : -\ -- .. . ';_. 1 ~\.>-'--- /?tJ/ ivd L Depu y S eri f '-' Sworn and subscribed to before me this .J-.( day of (}"1~ 19 '1(., A.D. ~~f:' ~dj~v ~. rot ono ary -.. ..... IN 'I'flE axJR1' OF CD+D'l PIEAS OF ClI"IBERLAND CXlJNlY, FaftiYLVANIA CNIL DIVISIOO Douglas Medcalf, Pla int iff File No. 95-5054 Amount Due $6483,05 v. Raymond llarren Associates, Defendant Interest frnm 1111y Ii. 1996 Atty's Cann Costs to be added Members 1st Federal Credit Union, Garnishee 'ro THE PRO'llIOtUl'ARY OF THE SAID COURT: 'nle undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgnent, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as arrended; and for real property pursuant to Act 6 of 1974 as amended. PRMX:IPE FOR EXm1l'IOO Issue writ of execution in the above natter to the Sheriff of County, for debt, interest and costs up:m the following described property of the defendant(s) PRAEX:lPE FOR A'l"I'JlClHNl' EXED1I'IOO Issue writ of attactrrent to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing attachrrent against the above-nared garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) all property of Defendant Raymond lIarren Associates in possession of Members 1st Credit Union. Serve at foUolling location: 5275 East Trindle Road, Mechanicsburg, PA 17055 and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee( s) as a real estat of the defendant(s) described in the attac ~ lis pendens against DATE: I ~ Iqq J, Signature: Print NcIne: C, Gra er BOllman, Es , Address: 114 North Second Street Harrisburg, PA 17101 Attorney for: Plaintiff DouRlas Hedcalf Telephone: (71 7) 238-9300 Supreme' Court 10 f'b.: 15706 Notes I If real property, supply six copies of description including inprovements and an original and copy of affidavit of ownership (PaR.C.P. No. 3129). If lengthy personalty list, supply four copies of list. To index writ, file separate praecipe with writ. ~~~ - M) -co-.. G.:. - - ~ - ~~ ~ c.> C-~' ,~ ~ <::> -....J , r- ' \ o U); ........ ~ --..... ~ ~ ~'"\ u.. "" ,. ~~\.1" ~~~- . "'- ):oJ "'::J \'j '\ -: "' , q , ::,,"J ,') , - . i -- , , n , -, ! " -- . , . R. Thomas Kline, Sheriff who being duly sworn according to law says this writ is returned ABANDONDED, Sheriff's Costs: Docketing Law Library Prothonotary Service Levy Surcharge Garnishee Poundage 18.00 .50 1.00 7.04 20.00 4.00 9.00 1.19 $ bU.' j Advance costs Sheriff's Costs $ 150.00 60.73 89,27 refund to atty 1-17-97 Sworn and Subscribed To Before Me So answers: . ~-c.~~ /~:~ ,7 "',.ji:..d ~...~ 7' A--:~>>""'.~ ft.... R. Thomas K1ine'l~iff ~ /JJ' '~I- By~A,-"" ~ ,g,_ Deputy She This ;H e- Day oL ,...,.. I I A.D.~'1" c.. /k,0;, Prothonotary ,()~'r' -I,'7J 1997, \T '" . , I .;1,.:,... 96, ~i lIt 9 IE lllf ". . -; -- . j~ i:.h"'Ii~';i.. ~.... --..::~...o \'0 tft I (" q<1 i \, WRIT OF EXECUTION and/or ATTACHMENT COMMONWEAlTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) CUMBERLAND 95-5054 CIVIL 19 CIVIL ACTION - LAW NO, TO THE SHERIFF OF COUNTY: Douglas Medcalf To satisfy the debt. Interest and costs due PLAINTIFF(S) from Raymond Warren Associates, 15 South 31st" Harrisburg PA 17111, DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of Members 1st Federal Credit Union, 5275 E. Trindle Rd., Mechanicsburg PA 17055. GARNISHEE(S) as follows: All property in possession of garnishee, Serve Interrogatories on garnishee. and to notny the gamishee(s) that: (a) an attachment has been issued; (b) the gamiShee(s) islare enjoined from paying any deblto or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise diSposing thereof; (3) II property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyoneofher than a named gamiShee, you are directed 10 notny himlherlhat he/she has been added as a gamishee and is enjoined as above stated, Amount Oue $6,483,05 Interest from July 5, 1996 Atty's Comm "10 Atty Paid $130,75 Plainlill Paid Dale: July 24, 1996 L.L. Due Prothy Other Costs $,50 $1. 00 Lawrence E. Welker Deputy by: REQUESTING PARTY: C. Grainger Bowman, Esq. Name Address: 114 N. Second St, 17101 Harrisburg PA Plaintiff Attorney for: Telephoneu (717) 2_~_~.::9300 Supreme Court 10 No____~~?~6