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Home My WebLink About96-02362 ~ I 1 'I " " ~ 'f , . ~ I, '" ~ " , , I,ll" " " , , , , , , ,- I! -, ~ J "4 ~ ~ 1'1 ) , ~ ()< " ~) ! "" ~ - E :5~ 'I t. , r x: S~ ~ .)~ fE a:l , , '5~ " I" Cl ". ,:: :::J j] ""', ~ <.0 ~ 0' "'~.. ~:. >. f.') /:'1:' t '. ~'. ~~:. :Sl :S 2r . . I:;. ::1... :"xJ \ ~~! ~:. ] I ! .::~ ct. , 111.,) r: -.,' .!r.l- "J ". 'J:> I U (./\ , ; J i ;~ ~. ~ ~ , , .~ <:::> (Y'l ~ M, l.-1 <:> J" - ~ lA --- ~ 4 GENE L. LEBO and DIANE M. LEBO hiB wife, I IN THE COURT OF COMMON PLEAS OF I CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. NO. 96-2362 CIVIL TERM GARY R. ZEIDERS, Defendant CIVIL ACTION - LAW ANSWZR TO COMPLAINT AND NOW, comes the Defendant, by his attorney, R. Mark Thomas, Esquire and makes the following Answer to the Complaint filed by the Plaintiffs: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted in part, denied in part. It is admitted that in the summer of 1995 the Plaintiffs owned the residence set forth in their complaint and that there was a row or hedge of evergreen plants along its rear boundary. However, Defendant is without sufficient information to either affirm or deny that the plants were more than ten years in age, were fully developed, healthy and valuable to the Plalntiffs as part of their property and therefore same is denied and strict proof thereof is demanded at time of trial. 5. Admitted in part, denied in part. It is admitted that during the summer of 1995, the Defendant, while working on the property adjacent to the Plaintiffs' evergreen shrubs applied a herbicide on the property adjacent to the Plaintiffs. However, it 4 .. .. is denied that the herbicide applied by the Defendant attacked and destroyed Plaintiffs' evergreen shrubs. 6. It is denied that the Defendant was negligent in applying the herbicide to the adjoining landowner's property, and specifically denied thatl a. Defendant used an inappropriate herbicide; b. He used an excessive dose or quantity of the herbicide; '( c. He applied the chemical incorrectly, or that he created 'I I I I , ! I , , an unreasonable risk to Plaintif~s' property; and d. That the herbicide was applied without proper regard for the property of Plaintiffs. 7. Denied. Defendant denies that he was negligent and further states that the damages listed in this paragraph by the Plaintiffs are damages for which the Defendant is not responsible. To the extent that the Defendant might be responsible for some of the damages the Defendant denies that Plaintiffs suffered all the damages set forth in this paragraph. By way of further answer, Defendant specifically denies that Plaintiffs' damages will exceed $10,000.00. 8. Denied. This allegation is a conclusion of law to which no responsive pleading is required and therefore same is denied. 9. Denied. Defendant has at all times been willing to discuss and cooperate with the Plaintiffs in the resolution of this matter but denies that he owes the Plaintiffs the damages they claim. , , , " t: C") ~ B - M ;~ Ifi :x: :.)1 Ii:: .... (j~ C' .3 r5~ ll. I p- O'!': '.Q~ ,L a:'> ", b ," ~'j '1' l,,) " I' , ~ . . " ,Ii, .'\ d" ,p: '" I /\1 'I Ii' , , I, Ii I , , " !; i , " , , I " . , , 'I I , ; Iii' I,t \ ,,' r ; I ',I' .' (' I ~,!; 'i\P/ I. I 1 1 " , , ',"I !'I" I , , ! 1 " ,I., I I , I' liJ I,', " ,. , \I , , , , I " , , 1 .,1,; ..' I : " ,1: Ii' I ,I .,0. : " , " , 1 , " , '.i , , \ , " '1.1 \1; lj' t ," il 1!! .Ii , I:, III I, .' , , ,',1, i. i" " " , , , , , , .'1" i" :,. ,\1"\, "\ .Ii :l \1 "I l'" 'F' ',\\-'!i !'I;,ll I'! )-'T' i/II i'l ! ! ~ I '1,) I il\" ,;' ',il.:, ',1 I Ii' 111 II' .:" III ,I if' II '1 I t1 Irll JI, " :\;\ II,it'll " 1/ .\: I\-j'/.. 11'1) ,I iI'" 'oj jH-~.""",; / . ,;>- .,-,,/" ,_/~:.--;;:. !,':l;,~~~';ce ~. A~~, "'I' I'll' :1\ I Iii, , iU~1 ;I"i I' /,,:,'I,! ',' '" If co. 91, " C:J.- ,', y~,...t2,~/~)' .... \~.; \I- N' <}. '1 r-6 f'. , "- ('^ ~~ ";. i~ ~ ~~ ~~ i.~. II' , ' '" I: f:l ~ e, ~ ..... ~ ( .<;;) \.0 I' ~~ ::t- "" ~ <II t ~ '" ~ ~ e ~ ~ :i ~ ~ <~~=~~ . < -... ~ > . ~ ~ ~ g ~ .; " ~ , ;-. ~ = = c '" ;..l 0 foo i10 c.. X~~ oi -< <" ~ (/i ~ ~ ^ 1- '" " <"l ;! ~ . . GENE L, LEBO and DIANE M. LEBO ) IN THE COURT OF COMMON his wife, ) PLEAS OF CUMBERLAND Plaintiffs ) COUNTY. PENNSYLVANIA ) VII ) CIVIL ACTION - LAW ) NO. 96. 2 -362 CIVIL TERM GARY R. ZEIDERS ) Defendant ) ~ TO DEFENDANT NAMED HEREIN: 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) DA YS 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 MAYBE 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 FOURTH FLOOR, CUMBERLAND COUNTY COURT HOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 240-6200 GENE L, LEBO and DIANE M. LEBO ) IN THE COURT OF COMMON his wife, ) PLEAS OF CUMBERLAND Plaintiffs ) COUNTY, PENNSYLVANIA ) vs ) CIVIL ACTION. LAW ) GARY R. ZEIDERS ) NO. 96- ..J)I.,J.. CIVIL TERM Defendant ) COMPLAINT AND NOW, come the above.named Plaintiffs by their attorney, Samuel L. Andes, Esquire, and make the following complaint in this mailer: I. The Plaintiffs are Gene L. Lebo and Diane M. Lebo, his wife, both adult individuals who reside at 322 Rosewood Lane, Enols, East Pennsboro Township, Cumberland County, Pennsylvania. 2. The Defendant is Gary R. Zeiders, an adult individual who resides at R.D. #4, Box 73, Miffiintown, Pennsylvania. 3. At all times relative to this suit, the Defendant did operate and engage in a business which, inter alia, included the cutting, removal, and chemical treatment of plants and vegetation. 4. In the summer of 1995, the Plaintiffs owned a residence at 322 Rosewood Lane in East Pennsboro Township which was improved with a row or hedge of evergreen plants along its rear boundary. Those plants were more than 10 years in age, were fully developed, healthy and valuable to the Plaintiffs as part of their property and as a screen '."': between their property and the property of their neighbors. S. Some time during the summer of 1995, the Defendant, while working on the property adjacent to the evergreen shrubs 011 Plaintiffs' property. applied a poison or other chemical which attacked and destroyed Plaintiffs' evergreen shrubs. 6. In applying the poison or other chemical, the Defendant was negligent in the following ways: A. He used an inappropriate chemical for his purposes; B. He used an r.xcessive dose or quantity of the chemical; C. He applied the chemical incorrectly in un area where it was not, required or would create an unreasonable risk to Plaintiffs' property; D. He applied the chemical without proper regard to the property of Plaintiffs. 7. Solely and directly as a result of the aforementioned negligence ofthe Defendant, the Plaintiffs have suffered the following losses: A. The cost of cutting and removing the evergreen shrubs which were killed by the Defendant's negligence; B. The cost of ex,avating and removing soil impregnated with the chemical negligently used by Defendant; C. The cost of replacing the contaminated soil and the shrubs with clean soil and new shrubs; D. The loss of privacy and pleasure they enjoyed from the shrubs for a period of several years unlilthe new shrubs grow 10 the size of the shrubs which were killed by Defendant's negligence, Plaintiffs believe thallheir losses will exceed $10,000.00 but will not exceed $20,000.00 in monetary damages. 8. Defendant, by his conduct and negligence has injured Plaintiffs in an amount less than $20,000.00. 9. Despite repeated demands by Plaintiffs, Defendant has failed and refused to pay the Plaintiffs the damage he has caused them. WHEREFORE, Plaintiffs demand judgment against the Defendant in an amount in excess oUIO,OOO.OO but less than $20.000,00 plus interest from and after 15 August 1995, plus cost of suit. ,') C~'Q (: '~.N_. ,-,.' , \.. QJl Samuel L. Andes . Attorney for Plaintiff Supreme Court 10 17225 525 North 12th Street Lemoyne, PA 17043 (717) 761-S361 . . GBNB L. LBBO AND DIANB M. LBBO, HIS WIFB v. I IN THB COURT OF COMMON PLBAS OF I CUMBBRLANO COUNTY, PBNNSYLVANIA I I I NO. 96-2362 CIVIL TBRM I I I I ., GARY R. ZBIDBRS ORDBR OF COURT AND NOW, JANUARY 23, 1997, the Court having been informed that the parties have reached a settlement, the Board of Arbitrators previously appointed is hereby vacated. The Chairman shall be paid the sum of $50.00. By the Court, , (' ,-,- " ~~. ~~:t~n L. Griffie, Esquin - c.....1!;J ,."c.,-,jq( 1/.13/ '11. ..s ~ . Court Administrator ldd '" , Ir; to r,. ,- t", .. I'{;', ...., " /.(' I,... /~. It ,'1:: ('1/., '~" Ii,' (:), ,1 ':') !JJI l"\! "j j " (,t,.(i I,' .. ' .. ~ ~. ( " ,:t':i .....-. ,"~ I., "':':1 ,'- ,:\ ~~~ '.,) , , " " " , , ", ',., .. .,.. 1""' , . ,", I " ,. 'i ,,. UJ "J ';.1;. .' " , ,,' 1'.' ,.... i J-)I 2~;' I~' ;:;1' l: jl' ~...~ , [ " , ::l L j '~l.. I " 1-' , c l:'" , '.. 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