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HomeMy WebLinkAbout03-0597NOTICE OF APPEAL rnrrnNWEALTN Of PENNSYLVANIA JUDICIAL DISTRICT FROM DISTRICT JUSTICE JUDGMENT 60- ?(' ?e- COMMON PLEAS No. 03- - 7 NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common pleas on appeal from the judgment rendered by the District Justice on the dam and in the `°y meafiwIed l 1 nCeJ C? ? fUS7' ?(?! 1J 06 a y? ©q , r- o y Y?Q fY/ X ?r n?ST NQ R NAME OF 0.1 /0 sPRW6 7- ?- 9 J0 3 LT This block will be signed ONLY when this rotation is required under Pa. R. PJ.P. No. 10081L This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case JOW &it4, P If appellant was CLAIMANT (see Pa. R.C.P.J.P. No. 1001(6) in action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. signature of Prothonotary or Deputy PRA PE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary z u K Enter rule upon y V " ` , appellee(s), to file a complaint in this appeal r Name of appeWe(s) (Common Pleas No. 0Z -S9 ?7I VL` R ?'Y1) within twenty (20) days after service of rule or suffer entry of judgment of??f rmpeof or his atton ey or agent RULE: To FAR 9 P*(v 'rL? appellee(s)• Name o< appeueels) ?J (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of mailing. Date: ? - . M t AOPC 312-90 COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10j DAYS AFTER filing the notilpe of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF _ _ -- ; SS AFFIDAVIT: I hereby swear or affirm that I served ? a copy of the Notice of Appeal, Common Pleas No upon the District Justice desi nated therein on (date of service) _ . _ _ ____• g __ by personal service ? by (certified) (registered) mail, sender's receipt attached hereto and upon the appellee. (name? ? and further that I served the Flue to by personal service El Complaint accompanying the above (registered) ?) Appe sender's receipt attached hereto. the Rule was addressed on a( upon the appellee(s) to whom mail, sender's receipt attached hereto, e ° ce E] by (certified) (registered) SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF SvnlflttP O/Df? „rr )r2 "om5 ,'I ' s'?.2(P Ti?te et ? - _? ?H±<rat My Gornmissic,') exr,g,es Qn I? TIC, r?- "mature of a,=, i F d n -0 t I -G - 1.. C'_ T? ti rte: Ti COMMONWEALTH OF PENNSYLVANIA ru 1AITV nc:- CUMBERLArII M , ?s,t e •y 1}`•2??', ., hip,°py7?f"'1"?''+Y41kwirl.°q`y . v Mag. Dist. No.: 09-1-02 DJ Name. Hon. ROBERT V. MANLOVE A0tlfB95:.' 1901 STATE STREET CAMP HILL, PA Telephone (717) 761-0583 17011-0000 ROBERT V.'MANLOVE 1901 STATE STREET CAMP HILL, PA 17011-0000 THIS IS TO NOTIFY YOU THAT: Judgment: NOTICE OFCJIVDGCMAESNE /TRANSCRIPT PLAINTIFF: NAME and ADDRESS --1 FDANYLIIR, JERRY 834 ACRI ROAD MECHANICSBURG, PA 17055 L J VS. DEFENDANT: NAME and ADDRESS rLIICIDON JR, JOHN M, ET AL. 1910 SPRING ROAD CARLISLE, PA 17013 L J DocketNo.: CV-0000391-02 Date Filed: 8/23/02 ® Judgment was entered for: (Name) ® Judgment was entered against: (Name) - "'^n,.. +TVn_ /nnvQmuTi(`TTOM in the amount of $ 7.29 2 _ 5n on: ? Defendants are jointly and severally liable. ? Damages will be assessed on: (Date of Judgment) 1 In() /n-A ? This case dismissed without prejudice,?U Amount of JudgW4 Subject to ? Attachment/Act 5of 1996 o' (Date & Time) Amount of Judgment $ Judgment Costs $ Interest on Judgment $ Attorney Fees $ Total $ Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPtjhr"QJ0&91I6 THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE DISTRICT JUSTICE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. !x r? ; Date T F- Cii/pIL016 'V i ulou UUW05 / I certi is a true and cprr `. t Cdpy of the rec"?d of the proceedings contairplig;tt)e jyriVgrMbnr . , f that this Date X17, , f c ' ' _, (Si tact Justice A 1. My commission expires first Monday of January, 2006. AOPC 315-03. .. ..... ..: .,. ., 4...e+„gyn.... yi w? ....^; .x „,,..r •:r.v:'..fi. .,..?, ..r: M' ... PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ._....._Lr?_,L- ...............__.__........_.......... ; SS " - - /'T f"'Ory AFFIDAVIT. I hereby swear or affirm that I served 3 LVc ? a copy of the Notice of Ap eal, Common Pleas No. . .... ........ _....___ , upon the District Justice designated therein on (date of service) __. • U .._ X003 _. ? b?ersonal service by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) ???_. _R R, L.U.._ .. - __... - on n by personal service [ by (cert!i Led) (registered) mail, sender's receipt attached hereto, ? and--f r-th*-er that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellees towhom the Rule was addressed on ...._.. ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS ._?4 n? .....__ DAY OF.Fu-b.. 2103 E S_ 't1ait./ v TWO "y commission exp es or, _hp f.'.L . 7 ?OdJ .... NOTARIAL SEAL JODY S. SMITH, NOTARY PUBLIC Carlisle Boro, Cumberland County My Commission Expires April 4, 2005 ?. ..Signature of atfiant C7 rZ d r? t r , C_ N"Vt r ? 7 xs c ..0 i A ..D C`- IT ru cc] R1 Er O O O C3 a Ln ti a O C! N Sent To I ---- . Street, X. No.;? or PO Box No. SSS111Y m • m qo? AhF N1t`L Pp 17011 n- RJ Postage $ ru Certified Fee O ,Receipt Fee (Enyorsemn ent e c::? O quired) R". tricted po R (Endorse Fe e ment Reg iu re d) O ,1 Totttt post ilk, 441 tt7 Sent age & Fees $ r1./ 7? •-l SiBet, Apt. '- O °f?BoxNoo 1 R?-o?_ City, State, ZtP+a "-!-•1 r iY i i tt ? 24 43..' = 06 )7G??._? JERRY DANYLUK IN THE COURT OF commoN PLEAS 834 Mec Acri Road Mechanicsburg,PA 17055 CUMBERLAND CWNTy,PENNSYLVANIA PLAINTIFF : CIVIL ACTION LAW V. NO. 03-597 CIVIL TERM PARADISE LANDSCAPING & CONSTRUCTION JOHN M. LUCIDON,JR. 1910 Spring Road Carlisle,PA 17013 DEFENDANTS OBJECTIONS TO THE CLAIMS 1. Plaintiff, Jerry Danyluk resides at 834 Acri Road, Mechanicsburg, Pennsylvania, 17055. 2. Defendant, John M. Lucidon,Jr. resides at 1910 Spring Road,Carlisle Pennsylvania, 17013. 3. Defendant, Paradise Landscaping and Construction is owned and operated by John M. Lucidon,Jr. at the same address above. 4. On December 6, 2001 Plaintiff and defendant entered and signed a contract after Plaintiff explained-the details of what needs done and showing the Defendant the area and surroundings that needs work. 5. Defendant was provided details as to the plan of work. Therefore, contract was written to the specified request of Plaintiff. A true & correct copy of contract is attached and signed by both Plaintiff & Defendant and is marked as "EXHIBIT A". 6. As per agreement in the contract, Plaintiff was to pay Defendant a 50% deposit in the amount of $2,300.00, paid on December 6,2001 after signing the contract. 7. The remaining 50% balance which is $2,300.00 will be paid upon satisfactory completion of work. 8. Upon completion, Defendant thoroughly inspects the whole work done together with Plaintiff. 9. Plaintiff approved all work done and therefore paid the remaining balance of $2,300.00 upon completion. 10. On January 18,2002 Defendant received aletter thru regular mail post marked January 17,2002. This letter is marked "EXHIBIT B". 11. Upon reading the letter, Defendant responds and calls Plaintiff that same evening at 5:05p.m.. 12. Defendant assured Plaintiff that when the weather improves and the Spring comes, that Defendant will come and inspect Plaintiff's complains. 13. Defendant did not mention about coming to see his property in March. No dates were discussed. 14. On April 5, 2002, Defendant wrote and mailed a certified letter to Plaintiff expressing his availability to visit Plaintiff's residence and discuss complains as well as look over the area that needed repairs based on the said contract. This certified letter is attached as "EXHIBIT C". 15. This same letter mailed by Defendant requests Plaintiff to call Defendant to schedule this work, at plaintiff's convenience. 16. Defendant did not receive any calls after this letter shown as Exhibit C. 17. Defendant has not heard any thing from Plaintiff for schedule of work. 18. EXHIBIT 4 attached by Plaintiff in his complaint letter dated April 12,2002 This letter to be filed as EXHIBIT D was not given or ..received by Defendant. Defendant has no knowledge of receiving this letter at any time. 19. It was with all intentions that Defendant agreed to look over Plaintiff's complaints and correct any problems that occurred based on the contract. 20. Plaintiff was insisting for Defendant to re-do the whole job and and changing the said existing contract because Plaintiffs' plans, his design and specifications did not meet with codes. 21. It was Plaintiffs respond to take care of the permits and inspections and this was not done. I have not seen the permit for this job at that time and inspections were not done. 22. Defendant was willing to repair the minor things but Plaintiff wanted and insisted to change the whole scope of the job. Thus, change the existing contract and not pay any more money to Defendant. 23. Plaintiff is fully aware that he was not meeting codes. Defendant mentioned this several times during the job. But Plaintiff said he would take care of this. 24. Every day Defendant was on the job, Plaintiff daily inspected, and watched meticulously the daily progress of the work. 25. Defendant followed Plaintiffs' instructions as to what Plaintiff planmed for the design of the job. 26. It is Defendant's policy that customer satisfaction is a priority. If customer is not happy and satisfied with the work, then customer does not pay the remaining balance of 500. So Defendant makes sure that customers checks the work done in detail and is fully satisfied at com- pletion. 27. Defendant John M. Lucidon,Jr. and Paradise Landscaping and Construction has been in business for 27 years and has all these years of experience and training from Temple University, Philadelphia, PA. 28. Defendant John M. Lucidon,Jr. has regular customers over the years that he has build from the satisfactory workmanship, excellent quality work and his dependability and integrity. 29. Attached is "EXHIBIT E" to prove and show Defendant's character and work. WHEREFORE, Defendant John M. Lucidon,Jr. and Paradise Landscaping and Construction respectfully requests that judgement be entered in his favor with no money owed to Plaintiff since Defendant expressed in letter and conversation that Defendant had all willingness to repair any fix problems on the job done, based on the contract. Defendant did not refuse to take care of the problems that incurred after the job was done. But Plaintiff decided to hire someone else to repair the work. This was Plaintiff's decision. • ? Cam' Q. Respectf lly, 4HM M. LUCIDON, JR. PARADISE LANDSCAPING, AND CONSTRUMON 1910 Spring Road Carlisle, PA 17013 V Ex ?b IT 979535137200 CVT &98 Carbonless Adams NC 3818-50 , 3 PART PROPOSAL SNIFFY NO. C DATE /Z/? 6/ PROPOSAL SUBMITTED TO: - I WORK TO BE PERFORMED AT W, her Y propose to furnish the material's and perform the labor necessaryfor the completion of -r ak) t{ T_ -14 Sr Z51F Le A .Vic- Se -E" c C' C 6T i o st r k _k 400 Ot .14 - AS i 1 AJ Q t o rt C? \.? T_ - t('a l i: m Cc ` Sf-p ti -2 k ; ffO-, ? `" S r c ? ?tE t ?tcu itA-'n!()? c S . f Il ?Y1 \ V ' .. } t v. 5 ?.. fit/ ! C c7 N? .. f ! T_ti`s v?"""IAji CL ?7S` All material is guaranteed to be as specified, and the above work to be performed in accordance with the drawings and specifi- catiogs-submitted f, or ebove work and completed in a substantiaj workmanlike manner for the sum of ?vU2 f'UUSy?,vv? -Dollars ($ r ?i0? U t with payments to be made as follows. c? ?dv t E- t Respectfully submitted (_AJ C V } Any alteration or deviation fr m ?bove sV ' ons involving extra costs ` will be executed only upon w en order, and will become an extra charge / Per `r)IlcJ(, over and above the estimate. All agreements contingent upon strikes, ac- cidents, or delays beyond our control. Note -This proposal may be withdrawn 91 by us if not accepted within U days. AGGtPTANCE OF PROPOSAL The above prices, specifications and conditions are satisfactory and areby accepted. Y? 'are authorized to do the work as specified. Payments will be made as outlined above. Signature Date / °l Signature EX HI(BIi (P) It a Vol p I is k O N O Q CL o3 W ? C 0Q a al a U Ac 1 w? ? \ Mme. O .?'+? • ^ tfr Q ` `v •rd \ i•' •r•-! John Lucidon Page 1 January 16, 2002 January 16, 2002 John Lucidon Paradise Landscaping & Construction 1910 Spring Road Carlisle, PA 17013-1155 Dear John: I wanted to send you a letter noting some of the points we discussed on the phone a week or so ago to be certain we have communicated everything we feel needs to be addressed with regard to the job you just completed for us. I realize you are busy with other jobs, but hopefully this will expedite the changes as soon as you find an opening in your schedule to return to our job. Facing the fence from the street, the top part of the gate does not match the door gate. Not only are the boards a different size, they are nailed in crooked. We would like you to finish the top just as the gate appears in a solid finish. The stone wall isn't what we had requested. If you recall, I originally asked that a stone wall be built that would pyramid down on both sides, where dirt could be added for planting, with the fence above. The manner in which the wall is built does not meet the township's requirements and is already falling apart. As you know, the fence may not exceed the 6- foot mark, unless it rests on a landscaped surface. The top board on the last section toward the creek (part of the original fence) and before the "fan" you built was damaged during construction and should have been replaced. The "fan" at the end of the fence is not stable, is not in straight and the top is not finished properly to appear like the "fan" on the other side. In addition, the boards used as slats don't match in size or color, are spaced too far apart and don't go all the way down, leaving a wide gap at the bottom. On the other side of the fence, the gate you repaired doesn't matched-up evenly and, in time, will begin to sag again. It was our understanding this would be repaired permanently. And finally, the slag-substance used for the sidewalk and for the stone wall was not cleaned up in several grassy areas throughout. John Lucidon Page 2 January 16, 2002 John, it is evident to us you are a perfectionist in your work from the pictures we saw. We would appreciate it if you would correct the areas noted to meet with both yours and our satisfaction. Please feel free to call me to discuss any of these areas you may have concerns about. Otherwise, I look forward to you taking care of these items noted in the near future. Sincerely, Jer nd Sally Danyluk " ?XN131TC '` CARLISLF MPO AMW CARLISLE, Pe-,s?lvan•a 170132b35 04/05/2002 (717)243-3--11 4: 8:ti1 -- -- Sales Re?-eirt - - Product Sale Unll Description Oty Dr'ire ENOLA PA 17025 y. 14 First-Class Return Receipt $1.50 Certified $2.10 Label Serial N: 70012510000344381494 Issue ? V; $3.94 Total: $3.94 Paid by: Crash $20.00 Change Due: -$16.06 Bi11N: 1000200712437 Clerk: 02 Refunds only per DMM P014 Thank you for your business Customer Copy a 010 PAW1702 5 M Postage $ $0.34 f' CAR/_ ? Certified Fee 12.10 3 02 m Return Receipt Fee (Endorsement Required) $1.50 e C3 M Restricted Delivery Fee (Endorsement Required) 10.00 ?? ! r s C3 Total Postage & Fees $ $3.94 ` /* u7 To E .; -- -•- -• ? ..-••-••--•------••--- +4 I APRIL 5, 2002 JERRY nANYTJJK 834 Acri Road Rnola,PA 1110,115 near Sir: This is in.response to our conversation regarding the job done in your residence at #834 Acri Road, Enola, Pennsylvania last necember,2001. I acknowledge that certain minor repairs discussed over the phone with you needs attention. With the spring season here and the weather improving, my crew and I can correct and address the problems based on the existing contract you signed and approved last Aecember,2001. Please give us a call at your convenience so we can schedule this repair work. Our office number is (717) 245-2099 and leave a message if I am not available. Thank You. Respectfully, - ,M I. - I OHN PARADISE ItnSCM. LUCI)XV, JR. APING & CONSTRUCTION Owner/Manager ?`, xNl`?IT J ?? April 12, 2002 John Lucidon Paradise Landscaping & Construction 1910 Spring Road Carlisle, PA 17013-1155 Dear John: I received your letter dated April 5, 2002, wherein you acknowledge, "certain minor repairs ...needs (sic) attention." First, permit me to relate the facts and occurrences concerning this project since its completion on December 2002. I sent you a letter dated January 16, 2002, wherein I outlined the problems with the job that needed to be corrected. You called and stated that you would address the problems sometime in March, weather permitting. In the meantime, because all of the fence posts were not anchored in cement, as per the contract, the fence started leaning and is in danger of breaking off starting at the end where the slotted panel is located. This is causing additional damage to the fence. I voiced my concern in a message I left on your answering machine on March 29, 2002. On Mo?iday, April 1, 2002, you called my home at 7:30 in the morning, left a voice message, and I immediately returned your call. You then proceeded to engage in a pro fani ty4 aced diatribe that my wife could hear in the next room. I terminated the conversation by hanging up the phone. I then received your certified letter dated April 5, 2002, as referenced above, acknowledging that certain minor repairs are needed and asking that I give you a call or leave a message on your answering machine. The following needs to be fixed: 1. The posts. must be properly anchored in cement as per the contract. 2. The slotted panel at the end of the fence must match the one on the other side as well as the rest of the fence in terms of material, design and quality of construction. It's falling apart. 3. The top board of the fence is breaking as a result of the fence leaning, it needs to be replaced. 4. The finish above the gate does not match either the fence or the gate itself in terms of material and the 2x4s you substituted were installed crooked. The contract calls for this to match the fence. 5. The limestone wall is merely constructed of a single row of stone beneath the fence with absolutely no structural integrity. It is falling apart with large gaping holes. The contract states that you would add extra stone, 2 feet high and grade the areas.. When you pile a single row of stone, there is nothing to grade, and in a few more months only rubble will remain where once a faulty wall stood. G. The gate you repaired on the other side of the house doesn't match-up evenly and is starting to sag again. The contract states "repair and level", it is neither repaired not is it level with the fence. Please be advised that if you are unable or unwilling to satisfactorily correct these problems in a professional and timely manner, let me know immediately and I will obtain bids from other contractors to get this work accomplished. My attorney, Mr. Daniel Natirboff, will then handle the resolution of this matter. I anticipate your prompt attention to this matter. Sincerely, Jerry Danyluk cc; Daniel Natirboff, Esq. 0 IT E " ao/ • i President =AM. Food Stores, LULC / P.O. Box 249 • 1149 Harrisburg Pike • Carlisle, Pennsylvania • 17013-0249 Anthony J. Schiano Chief Executive Officer 717-245-7456 717-240-7689 fax August 1, 2002 John Lucidon Paradise Landscaping 1910 Spring Road Carlisle, PA 17013 Dear John: It just occurred to me that for the five plus years we have been doing business, I've never sent you an "official" letter telling you how great a job you do, and how much we appreciate your work. John, from the initial landscape plan to the on-going attention you provide, you have been nothing short of exceptional in terms of work quality. dependability, follow through, and integrity. I would highly recommend your services to any prospective customers, and look forward to many more years of working with you. Thanks for all you do for uS. Sincer. Tony/& Susan tiharalisc Idw Do An Ahold USA Company GIANT Food Stores, LLC Operators of GIANT Food Stores & MARTIN'S Food Markets C ? c.--? ?---, _ ?tf_?.,. ?"iM :.._.1 ? .- . ' . 1 T' ??: G ? . __ ice. ,-. - ?! '` C 1 ",, C?.._. ".) ? r? ='? ^_ (r:! --? JERRY DANYLUK 834 Acri Road Mechanicsburg, PA 17055 Plaintiff, V. John M. Lucidon, Jr. 1910 Spring Road Carlisle, PA 17013 and Paradise Landscaping and Construction 1910 Spring Road Carlisle, PA 17013 Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 03-597 CIVIL TERM PLAINTIFF'S PRELIMINARY OBJECTIONS AND MOTION TO STRIKE PLEADING FOR FAILURE TO CONFORM WITH THE PENNSYLVANIA RULES OF CIVIL PROCEDURE AND NOW, comes Plaintiff, Jerry Danyluk, by and through his attorney, Daniel K. Natirboff, Esquire, and respectfully submits these Preliminary Objections and Motion to Strike Defendant's Pleading and in support thereof avers as follows: 1. Plaintiff, Jerry Danyluk ("Danyluk" or "Plaintiff') resides at 834 Acri Road Mechanicsburg, Pennsylvania, 17055. 2. Defendant, John Lucidon, Jr., ("Lucidon") resides at 1910 Spring Road, Carlisle, PA, 17013. 3. On March I P Plaintiff served Defendant with a Complaint endorsed with a Notice to Defend in accordance with Pa. R. C. P. 1026. (See Sheriff's Return of Service attached and marked as "Exhibit A." In accordance with Rule 1026 Defendant was to serve a responsive pleading on or before. April 12'x', 2003. 4. On or about April 2, 2002, John Lucidon, Jr., the Pro Se Defendant, served by First Class Mail a document titled "Objections to the Claims" a copy of which is attached and incorporated herein by reference as "Exhibit B". Exhibit B is not endorsed with a Notice to Plead pursuant to Pa. R. C. P. 1026. 5. Exhibit B contains no Preliminary Objections pursuant to Pa. R. C. P. 1028. 6. Defendant defective Pleading fails to conform to Pa. R. C. P. 1029(a) by: (a) failing to respond to any of the specific averments plead in Plaintiff's Complaint; (b) failing to admit or deny any specific averment; and (c) failing to refer specifically to the paragraph in which the averment admitted or denied is set forth. For example in paragraph 23 of Plaintiff's Complaint Plaintiff pleads the following: "Defendants defective construction has destroyed Plaintiff's already existing cedar wood fencing." Defendant's defective pleading states in paragraph 23: "Plaintiff is fully aware that he was not meeting codes. Defendant mentioned this several times during the job. But Plaintiff said he would take care of this." (Exhibit A). 7. Defendant's defective Pro Se pleading is so non-responsive and unintelligible that this Honorable Court must sustain Plaintiff's Preliminary Objections and strike Defendant's Pleading and order Defendant to amend his Pleading to conform with the Pennsylvania rules of Civil Procedure. WHEREFORE, Plaintiff respectfully requests that the Honorable Court sustain Plaintiff's Preliminary Objections and Strike Defendant's defective Pro Se Pleading. RESPECTFULLY SUBMITTED: L Daniel K. atirboff, Esq. Supreme Court No. 78594 4138 Wimbledon Drive Harrisburg, PA 17112 (717) 576-3386 Attorney For Plaintiff JERRY DANYLUK 834 Acri Road Mechanicsburg, PA 17055 Plaintiff, V. John M. Lucidon, Jr. 1910 Spring Road Carlisle, PA 17013 and Paradise Landscaping and Construction 1910 Spring Road Carlisle, PA 17013 Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 03-597 CIVIL TERM ORDER AND NOW, it is hereby ORDERED that Plaintiff's Preliminary Objections and Motion to Strike the Pleading are GRANTED. Defendant is Ordered to file and serve a responsive pleading to Plaintiff's Complaint within 30 days of date of this Order. By The Court EXHIBIT A SHERIFF'S RETURN - REGULAR CASE, NO: 2003-01040 P COMMONWEkLTH OF PENNSYLVANIA: COUNTY OIL CUMBERLAND DANYLUK JERRY VS IUCIDON^JOHN M_JR ET AL DAWN-KELL _?- Sheriff or Deputy Sheriff of Cumberland County,Pennsylvani.a, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon LUCIDON?JOHN M JR the DEFENDANT at 1935:00 HOURS, on the 13th day of March 2003 at 1910 SPRING ROAD CARLISLE, PA 17013 _ by handing to ROSA LUCIDON, WIFE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff',s.Costs:. So Answers: Docketing 18.00 Service 3.45 Affidavit . ?:.: , 3- ?. r•* .00 Surcharge 10.00 R. Thomas Kline .00 31.45 03/14/2003 JERRY DANYLUK Sworn and Subscribed to before By: C me- this day of De ?--- puty Sherx f f A.D. ^??- Pr_ot.honotary SHERIFF'S RETURN - REGULAR CASE NO: 2003-01040 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DANYLUK JERRY VS LUCIDON JOHN M JR ET AL DAWN KELLY_? Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT &. NOTICE was served upon PARADISE LANDSCAPING & CONSTRUCTION the DEFENDANT , at 1935:00 HOURS, on the 13th day of March 2003 at 1910 SPRING ROAD CARLISLE, PA 17013 by handing to ROSA LUC.T.DON, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's.Costs: So Answers: Docketing 6.00 fr r .• Service .00 Affidavit .00 i; Surcharge 10.00 R. Thomas Kline .00 16.00 03/14/2003 JERRY DANYLUK Sworn: and Subscribed to before By: me this day of - - - Deputy Sheriff A. D. Prothonotary EXHIBIT B JERRY DANYLUK IN THE COURT OF COMMON PLEAS 834 Acri Road CUMBERLAND COUNTY,PENNSYLVANIA Mechanicsburg,PA 17055 PLAINTIFF CIVIL AC'T'ION _ LAW V. NO. 03-597 CIVIL TERM PARADISE LANDSCAPING & CONSTRUCTION ?'- JOHN M. LUCIDON,JR. 1910 Spring Road _ Carlisle, PA 17013 DEFENDANTS OBJECTIONS TO THE CLAIMS 1. Plaintiff, Jerry Danyluk resides at 834 Acri Road, Mechanicsburg, Pennsylvania, 17055. 2. Defendant, John M. Lucidon,Jr. resides at 1910 Spring Road,Carlisle Pennsylvania, 17013. 3. Defendant, Paradise Landscaping and Construction is owned and operated by John M. Lucidon,Jr. at the same address above. 4. On December 6, 2001 Plaintiff and defendant entered and signed a contract after Plaintiff explained-the details of what needs done and showing the Defendant the area and surroundings that needs work. 5. Defendant was provided details as to the plan of work. Therefore, contract was written to the specified request of Plaintiff. A true & correct copy of contract is attached and signed by both Plaintiff & Defendant and is marked as "EXHIBIT A". 6. As per agreement in the contract, Plaintiff was to pay Defendant a 50% deposit in the amount of $2,300.00, paid on December 6,2001 after signing the contract. 7. The remaining 50% balance which is $2,300.00 will be paid upon satisfactory completion of work. 8. Upon completion, Defendant thoroughly inspects the whole work done together with Plaintiff. 9. Plaintiff approved all work done and therefore paid the remaining balance of $2,300.00 upon completion. 10. On January 18,2002 Defendant received aletter thru regular mail post marked January 17,2002. This letter is marked "EXHIBIT B". 11. Upon reading the letter, Defendant responds and calls Plaintiff that same evening at 5:05p.m.. 12. Defendant assured Plaintiff that when the weather improves and the Spring comes, that Defendant will come and inspect Plaintiff's complains. 13. Defendant did not mention about coming to see his property in March. No dates were discussed. 14. On April 5, 2002, Defendant wrote and mailed a certified letter to Plaintiff expressing his availability to visit Plaintiff's residence and discuss complains as well as look over the area that needed repairs based on the said contract. This certified letter is attached as "EXHIBIT C". 15. This same letter mailed by Defendant requests Plaintiff to call Defendant to schedule this work, at plaintiff's convenience. 16. Defendant did not receive any calls after this letter shown as Exhibit C. 17. Defendant has not heard any thing from Plaintiff for schedule of work. 18. EXHIBIT 4 attached by Plaintiff in his complaint letter dated April 12,2002 This letter to be filed as EXHIBIT D was not given or 'received by Defendant. Defendant has no knowledge of receiving this letter at any time. 19. It was with all intentions that Defendant agreed to look over Plaintiff's complaints and correct any problems that occurred based on the contract. 20. Plaintiff was insisting for Defendant to re-do the whole job and and changing the said existing contract because Plaintiffs' plans, his design and specifications did not meet with codes. 21. It was Plaintiffs respond to take care of the permits and inspections and this was not done. I have not seen the permit for this job at that time and inspections were not done. 22. Defendant was willing to repair the minor things but Plaintiff wanted and insisted to change the whole scope of the job. Thus, change the existing contract and not pay any more money to Defendant. 23. Plaintiff is fully aware that he was not meeting codes. Defendant mentioned this several times during the job. But Plaintiff said he would take care of this. 24. Every day Defendant was on the job, Plaintiff daily inspected, and watched meticulously the daily progress of the work. 25. Defendant followed Plaintiffs' instructions as to what Plaintiff planed for the design of the job. 26. It is Defendant's policy that customer satisfaction is a priority. If customer is not happy and satisfied with the work, then customer does not pay the remaining balance of 500. So Defendant makes sure that customers checks the work done in detail and is fully satisfied at com- pletion. 27. Defendant john M. Lucidon,Jr. and Paradise Landscaping and Construction has been in business for 27 years and has all these years of experience and training from Temple University, Philadelphia, PA. 28. Defendant John M. Lucidon,Jr. has regular customers over the years that he has build from the satisfactory workmanship, excellent quality work and his dependability and integrity. 29. Attached is "EXHIBIT E" to prove and show Defendant's character and work. WHEREFORE, Defendant John M. Lucidon,Jr. and Paradise Landscaping and Construction respectfully requests that judgement be entered in his favor with no money owed to Plaintiff since Defendant expressed in letter and conversation that Defendant had all willingness to repair any fix problems on the job done, based on the contract. Defendant did not refuse to take care of the problems that incurred after the job was done. But Plaintiff decided to hire someone else to repair the work. This was Plaintiff's decision. Respe fully, HLUCIDON, JR. PARADSCAPIAND CONSTRUCTION 1910 Spring Road Carlisle, PA 17013 It Carbonless IrAAdarns NC 3818-50 3 PART R PROPOSAL I J -S SWET NO. DATE 's 14 PROPOSAL SUM I I to I U: NAME mL -40 t? S J P r r - V.lki•U, ADDRESS oso PHONE NO. ' 11? - 1Z S c?-?1 -05 yL W?hereby propose to furnish the materials and perform the labor necessary for the completion of (,, t Tt ?ilC?' ?I? SI z A? 00 l -2 'F S' t ?e? •c 1 a- T S .{ ?? t o T rc r - LAj r, .? ??a e cs?? 1 i} k 1C P(c l?, (L:. 011. cr? rrc r All material is guaranteed to be as specified, and the above work to be performed in accordance with the drawings and specifi- catiorLs.submitted for bove work and completed in a supstantia) workm like manner for the sum of Dollars ($ (cO? ) with payments to be made as follows. -06 L.,b -2 ?CJCJ ?. 11 1 ? Respectfully submitted u\ ?`'\ LU C ('7 ` J Any alteration or deviation Ir m above spe ' ons involving extra costs ?• will be executed only upon w en order, and will become an extra charge Per 'IkJ /a with ?C <, over and above the estimate. All agreements contingent upon strikes, ac cidents, or delays beyond our control. Note-This proposal my be withdrawn '7 t <_1 c by us if not accepted within U days. ACCEPTANCE OF PROPOSAL: The above prices, specifications and conditions are satisfactory and areby accepted. Yoh are authorized to do the work as specified. Payments will be made as outlined above. , 1 -2 .41 f Signature Date / 6 a J Signature GAdanns NC 3818-50 PROPOSAL WORK TO BE PERFORMED AT: ? „ „ (BIT E y q i [l. 0 un 0 Q a 0-0 3.¢ c .U C ? Qt v a cq (D H ¦ T•l 1 1 ?i 1 },s John Lucidon Page 1 January 16, 2002 January 16, 2002 John Lucidon Paradise Landscaping & Construction 1910 Spring Road Carlisle, PA 17013-1155 Dear John: I wanted to send you a letter noting some of the points we discussed on the phone a week or so ago to be certain we have communicated everything we feel needs to be addressed with regard to the job you just completed for us. I realize you are busy with other jobs, but hopefully this will expedite the changes as soon as you find an opening in your schedule to return to our job. Facing the fence from the street, the top part of the gate does not match the door gate. Not only are the boards a different size, they are nailed in crooked. We would like you to finish the top just as the gate appears in a solid finish. The stone wall isn't what we had requested. If you recall, I originally asked that a stone wall be built that would pyramid down on both sides, where dirt could be added for planting, with the fence above. The manner in which the wall is built does not meet the township's requirements and is already falling apart. As you know, the fence may not exceed the 6- foot mark, unless it rests on a landscaped surface. The top board on the last section toward the creek (part of the original fence) and before the "fan" you built was damaged during construction and should have been replaced. The "fan" at the end of the fence is not stable, is not in straight and the top is not finished properly to appear like the "fan" on the other side. In addition, the boards used as slats don't match in size or color, are spaced too far apart and don't go all the way down, leaving a wide gap at the bottom. On the other side of the fence, the gate you repaired doesn't matched-up evenly and, in time, will begin to sag again. It was our understanding this would be repaired permanently. And finally, the slag-substance used for the sidewalk and for the stone wall was not cleaned up in several grassy areas throughout. John Lucidon Page 2 January 16, 2002 John, it is evident to us you are a perfectionist in your work from the pictures we saw. We would appreciate it if you would correct the areas noted to meet with both yours and our satisfaction. Please feel free to call me to discuss any of these areas you may have concerns about. Otherwise, I look forward to you taking care of these items noted in the near future. Sincerely, Je nd Sally Danyluk „ ?xh?l i? C? " CARLISLF MPO AMW CARLISLE,.Pei ,?1van•a 170132935 04/05/2002 (717)243-3r'll 4: 8:42 : .. ---- Sales Receipt - - Product Sale Jm L Description Oty ?)i-,'a t ENOLA PA 17025 a _ '34 First-Class Return Receipt $1.50 Certified $2.10 Label Serial #: 7001.25100003 44381494 Issue F V $3.94 Total: $3.94 Paid by: Cash $20.00 Change Due: -$16.06 Bill#: 1000200712437 Clerk: 02 Refunds only per DMM P014 Thank you for your business Customer Copy E190' PEA a to Postage M Certified Fee S Return Receipt Fee M (Endorsement Required) C3 M Restricted Delivery Fee (Endorsement Required) O Q Total Postage & Fees tr] Sent To 7 J fv E RR , Street, Apt No.; ra or PO Box No. I .° City, Sfate, ZlP+4 I APRIL 5, 2002 JERRY nANYGUK 834 Acri Road Rnola,PA 1'70013 near Sir: This is in.response to our conversation regarding the job done in your residence at ##834 Acri Road, Enola, Pennsylvania last December,2001. I acknowledge that certain minor repairs discussed over the phone with you needs attention. With the spring season here and the weather improving, my crew and I can correct and address the problems based on the existing contract you signed and approved last December,2001. Please give us a call at your convenience so we can schedule this repair work. our office number is (717) 245-2099 and leave a message if I am not available. Thank You. Respectfully, t I-,I . ? ( - .. M. LUCIDON, JR. PARADISE LANDSCAPING & CONSTRUCTION Owner /Manager V FX4 b?T it April 12, 2002 John Lucidon Paradise Landscaping & Construction 1910 Spring Road Carlisle, PA 17013-1155 Dear John: I received your letter dated April S, 2002, wherein you acknowledge, "certain minor First, pe on l Decme to ember late the facts and or repairs ...needs (sic) attention." currences concerning this project since its completion 2002. I sent you a letter dated January lb, 2002, wherein I outlined the problems with the job problems that needed to be corrected. You called and stated that coubwoouu a addre ththe fence posts sometime in Match, weather permitting, In the meanie fence started leaning and is in were not anchored in cement, as per the contract, panel is located. This is danger of breaking off starting at the end where the slotted p causing additional damage to the fence. I voiced my concern in a message I left on your answering machine on March 29, 2002. On Monday, April 1, 2002, you called my home at 7:30 in the morning, left a voice ge in message, and I immediately returned your call. You proceededItoterrn toe n nag a the profanity-laced diatribe that my wife could hear in the next conversation by hanging up the phone. I then received your certified e? eardat needed April and 2002, as referenced above, acknowledging that certain minor repairs asking that I give you a call or leave a message on your answering machine. The following needs to be fixed; 1. The posts. must be properly anchored in cement as per the contract. 2. The slotted panel at the end of the fence must match the one on thedother side its quality of well as the rest of the fence in terms of material, design construction. It's falling apart. 3. The top board of the fence is breaking as a result of the fence leaning, it needs to f in be replaced. 4. The finish above the gate does not match either roakedelThe ed? were installedecgate terms of material and the 2x4s you substtut contract calls for this to match the fence. 5. The limestone wall is merely constructed of a single row of stone beneath the fence with absolutely no structural integrity. It is falling apart with large gaping holes. The contract states that you would add extra stone, 2 feet high and grade iin a the areas. When you pile a single row of stone, there is nothing to grade, few more months only rubble will remain where once a faulty wall stood. and G, The gate you repaired on the other side of the house levelt', match t is nei her repaired is starting to sag again. The contract states repair and nor is it level with the fence. Please be advised that if you are unable or unwilli?ogv to satisfactorily and I will obtain problems in a professional and timely manner, let me k attorney, Mt. Daniel bids from other contractors to get this work accomplished. My Natirboff, will then handle the resolution of this matter. I anticipate your prompt attention to this matter. Sincerely, Jerry Danyluk cc; Daniel Natirboff, Esq, 1 ,. EXNI?iT E 90-11 M Food Stores, LLC P.O. Box 249 • 1149 Harrisburg Pike • Carlisle, Pennsylvania • 17013-0249 Anthony J. Schiano president 717-245-7456 Chief Executive Officer 717-240-7689 fax August 1, 2002 John Lucidon Paradise Landscaping 1910 Spring Road Carlisle, PA 17013 Dear John: It just occurred to me that for the five plus years we have been doing business, I've never sent you an "official" letter telling you how great a job you do, and how much we appreciate your work. John, from the initial landscape plan to the on-going attention you provide, You have been nothing short of exceptional in terms of work quality. dependability, follow through, and integrity. I would highly recommend your services to any prospective customers, and look forward to many more years of working with you. Thanks for all you do for uS. S i ncer?y-. i Ton/& Susan ti?rtraJis? Idw GIANT Food Stores, LLC Operators of GIANT Food Stores & An Ahold USA Company MARTINS Food Markets F?m ID rr ?? JERRY DANYLUK 834 Acri Road Mechanicsburg, PA 17055 Plaintiff, V. John M. Lucidon, Jr. 1910 Spring Road Carlisle, PA 17013 and Paradise Landscaping and Construction 1910 Spring Road Carlisle, PA 17013 Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW . NO. CERTIFICATE OF SERVICE I, Daniel K. Natirboff, Esquire, hereby certify that I did on this day of May, 2003, serve a true and correct copy of Plaintiff's Preliminary Objections upon the person(s), and/or their counsel, and in the manner indicated below: Service by First Class U.S. Mail addressed to: John M. Lucidon, Jr. 1910 Spring Road Carlisle, PA 17013 Defendant Paradise Landscaping and Construction c/o John M. Lucidon, Jr 1910 Spring Road Carlisle, PA 17013 Defendant &U-2 ? Y;L' 1 i Daniel K. Natirboff, Esq. Supreme Court No. 78594 4138 Wimbledon Drive Harrisburg, PA 17112 (717) 576-3386 Attorney For Plaintiff C ` r :.7 fi PRAECIPE FOR LISTING CASE FOR ARGUMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY. Please list the within matter for the next Argument Court. JERRY DANYLUK : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA 834 Acri Road Mechanicsburg, PA 17055 Plaintiff, V. John M. Lucidon, Jr. 1910 Spring Road Carlisle, PA 17013 CIVIL ACTION -LAW NO. 03-597 CIVIL TERM and Paradise Landscaping and Construction 1910 Spring Road Carlisle, PA 17013 Defendants 1. State matter to be argued (i.e. plaintiffs motion for new trail, defendant's demurrer to complaint, etc.): Defendant's Preliminary Objections and Motion to Strike Defendant's Pleading 2. Identify counsel who will argue case: (a) for Plaintiff. Address: (b) for Defendant: Daniel Natirboff, Esquire 4138 Wimbledon Drive Harrisburg, PA 17112 John M. Lucidon, Pro Se 1910 Spring Road Carlisle, PA 17013 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: August 27, 2003 Daniel K. Natirboff, Esquire Dated: August 4, 2003 Attorney for Pl aintiff JERRY DANYLUK 834 Acri Road Mechanicsburg, PA 17055 Plaintiff, V. John M. Lucidon, Jr. 1910 Spring Road Carlisle, PA 17013 and Paradise Landscaping and Construction 1910 Spring Road Carlisle, PA 17013 Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. CERTIFICATE OF SERVICE I, Daniel K. Natirboff, Esquire, hereby certify that I did on this day of August, 2003, serve a true and correct copy of Plaintiff's Praecipe to List for Argument upon the person(s), and/or their counsel, and in the manner indicated below: Service by First Class U.S. Mail addressed to: John M. Lucidon, Jr. Paradise Landscaping and Construction 1910 Spring Road c/o John M. Lucidon Carlisle, PA 17013 1910 Spring Road Defendant Carlisle, PA 17013 Defendant Lj Daniel K. Natirbo , lsq,?' Supreme Court No. 78594 4138 Wimbledon Drive Harrisburg, PA 17112 (717) 576-3386 Attorney For Plaintiff r^ -r, ?-. - )l?f? '. C ry !.... r? _"' h - _. -t ?.l JERRY DANYLUK 834 Acri Road Mechanicsburg, PA 17055 Plaintiff, V. JOHN M. LUCIDON, JR. PARADISE LANDSCAPING AND 1910 Spring Road Carlisle, PA 17013 Defendants : IN THE ODURT OF COMMON PLEA$ : CUMBERLAND COUNTY,PENNSYLVAOIA CIVIL ACPION - LAW NO. 03-597 CIVIL TERM ANSWER TO COMPLAINT 1. Paragraphs 1,2,3,4,5,6, and 7 are true and correct. 2. Paragraph 8 is part true and part needs to be more specific in detail. 3. Paragraph 9 is true and correct. 4. Paragraph 10 is part true and part not exactly, as written in contract. Exbibit A attached. 5. Paragraph 11 is part true and part denied. 6. Paragraph 12 is fully denied by Defendants. 7. Paragraph 13 is true and correct. 8. Paragraph 14 is true and correct. 9. Paragraph 15 is part true and part denied by Defendant. 10. Paragraph 16 is part true and part denied by Defendant. 11. Paragraph 17 is true and correct. 12. Defendant fully denies statement mentioned in paragraph 18. 13. Defendant denies part of paragraph 19 and part is true and correct. 14. Paragraph 21 is true and correct. 15. Defendant further denies the said allegations mentioned in paragraphs 22, 23, 24, and 25. 16. The aforesaid paragraphs set forth are allegations by the Plaintiff and needs to be proven in the Court of Law. 17. Paragraph 30 is true and correct. 18. Paragraphs 31 and 34 are mostly untrue and defendant denies all claims mentioned and accusations in the aforesaid paragraphs. 19, A part of paragraph 34 is true and correc:t? in reeference to a contract made and signed on December 6, 2001, not 2002. WUREFORE, Defendant JOHN M. LUCIDON, JR. and PARADISE LANDSCAPING AND CONSTRUMON respectfully requests that judgement be entered in his favor with no money owed to Plaintiff due to the following reasons: 1. As stated in the contract (Exhibit A),, the remaining 50% balance which is $2,300.00 will be paid upon satisfactory completion of work. 2. Defendant did not cease work on December 22,2001. Defendant completed the work with Plaintiff's thorough and meticulous inspection of the whole job. 3. Upon satisfactory' results from Plaintiff, no complaints mention Plaintiff therefore willingly paid Defendant the remaining balance of $2,300.00 the following day, December 23, 2001. 4. Defendant expressed in letter (Exhibit B) and telephone conver- sation upon receiving Plaintiff's letter dated January 17, 2002, (Exhibit C) that Defendant has all willingness and intentions to repair any existing problems in reference to the job done by the Defendant based on the contract. Defendant did not refuse at any time to take care of the corrections / problems incurred after completion of work. 5. Based on letter by Defendant (Exhibit B) the spring season and weather seems to be improving, Defendant was ready to schedule to meet with Plaintiff. 6. Plaintiff did not respond to Defendant's letter (Exhibit B). Plaintiff did not call Defendant by telephone to schedule a meeting. 7. Plaintiff was fully informed by Defendant that he was not meeting codes, based on his plans. But Plaintiff insisted that he would take the responsibility. 8. Plaintiff's letter dated April 12, 2002 (Exhibit D) was not received by Defendant. Defendant has no knowledge of this letter at any time in the past.This is the first time Defendant saw and read this letter. 9. It is Defendants' policy that customer satisfaction is a priority. If the customer is not happy and satisfied with the work, then the customer does not pay the remaining balance. Defendant makes it a routine procedure that customer checks the arork done in detail and is fully satisfied at completion. 10. Lastly, Defendant has all willingness to repair and fix corrections related to the work done in the scope of the contract. Defendant did not, at any time, refuse to take care of the problems that incurred after completion. Defendant had all good intentions to address the Plaintiff's complaints in proper time and weather permitting. 11. Plaintiff decided to choose and hire someone else to repair the work. This was Plaintiff's decision to do so. WHEREFORE, Defendant, John M. Lucidon, Jr. and Paradise Landscaping and Construction respectfully requests that judgement be entered in his favor with no moneies owed to Plaintiff since Defendant ordered all top quality material,, and installed according to specifications in proposed contract. Defendants spent time, and labor in hiring 4 men plus himself, deligently working and supervising the project. Defendant finished and completed the work with the best of his ability, knowledge and professionalism. Defendant made certain that Plaintiff was fully satisfied and happy with the finished work. Defendant left the completed job in satisfactory condition as specified in contract. Plaintiff being pleased with the outcome, completed to pay the balance in full to Defendant the following day. ( ( ?. _' (i, PARADISE LANDSCAPING & CONSTRUCTION JOHN NI. LUCIDON, JR. Date* October 15, 2003 I, JOHN M. LUCIDON, JR. and PARADISE LANDSCAPING AND CONSTRUCTION, Defendants, have read the foregoing Answer and do hereby swear or affirm that the facts set forth in the foregoing are true and correct to the best of my knowledge, information and belief. I understand that this Verification is made subject to the penalties of 18 Pa.C.S.A. Section 4904, :relating to unworn falsification to authorities. WITNESS: PA ISE LANDSCAPING & OONST. JOHN M. LUCIDON, JR. Dated: 11172M CVT $99 Carbonless_ NC 381850 _ _ __ _ --3 PART -- - \ (1U SP t?? Q S? . 1 L .t i L A\ S?.-? i CL 'c' L-7117L?) 9 90POSAL SUBMITTED T0: y_. P\?c? &A?.%CS fAL DATE , Z/ f1 6 WORK TO BE PERFORMED AT ? ?J?.? ? A?pFCC y? R , r.?(Z ( , lyi t „ at St r . °-n rTJ e F k C...(1CSC" Iti?CGI- S --- Fyc AIN?rTtfcrn rt Se- accordance with the drawings an specifi- All material is guaranteed to be as specified, and the above work to be performed in the sum Of (gyp ° ) catioQs-submitted forr4bove work and completed in a sum ntia? wo? nlike manner for Dollars ($ { U2. SOUS: tv?? Sfy "_ with payments to be made as follows. u J ?-? L k? 1?-? 3 ? t. t ?Z BUJ - ? Lu ? l ,- Respectfully submitted - Any alteration or deviation f 6,b?o spa " ons involving extra costs Per r will be azeuted only upon order, and will become an extra charge ntingent upon strikes ac Note-This proposal may be withdrawn I over and above the estimate. All agreements co, -' days cidents or delays beyond our control. i by us if not accepted within Ac.?trtrt...? The above prices, specifications and conditions are satisfactory and ai as specified. Payments will be made as outlined above. Signature ??'? O 1 Signature M.tc ed. Yoy are authorized to d the work APRIL 5, 2002 JRRRY nANYLUK 834 Acri Road T. riola,PA 1170 Dear Sir: This is in response to our conversation regarding the job done in your residence at #834 Acri Road, Enola, Pennsylvania last December,2001. I acknowledge that certain minor repairs discussed over the phone with you needs attention. With the spring season here and the weather improving, my crew and I can correct and address the problems based on the existing contract you signed and approved last December,2001. Please give us a call at your convenience so we can schedule this repair work. our office number is (717) 245-2099 and leave a message if I am not available. Thank You. Respectfully, ?QOHN M. LUCIIX)N JR. PARADISE LANDSCAPING R CUNSTRUCTION Owner/Manager John Lucidon Page I January 16, 2002 January 16, 2002 John Lucidon Paradise Landscaping & Construction 1910 Spring Road Carlisle, PA 17013-1155 Dear John: I wanted to send you a letter noting some of the points we discussed on the phone a week or so ago to be certain we have communicated everything we feel needs to be addressed with regard to the job you just completed for us. I realize you are busy with other jobs, but hopefully this will expedite the changes as soon as you find an opening in your schedule to return to our job. Facing the fence from the street, the top part of the gate does not match the door gate. Not only are the boards a different size, they are nailed in crooked. We would like you to finish the top just as the gate appears in a solid finish. The stone wall isn't what we had requested. If you recall, I originally asked that a stone wall be built that would pyramid down on both sides, where dirt could be added for planting, with the fence above. The manner in which the wall is built does not meet the township's requirements and is already falling apart. As you know, the fence may not exceed the 6- foot mark, unless it rests on a landscaped surface. The top board on the last section toward the creek (part of the original fence) and before the "fan" you built was damaged during construction and should have been replaced. The "fan" at the end of the fence is not stable, is not in straight and the top is not finished properly to appear like the "fan" on the other side. In addition, the boards used as slats don't match in size or color, are spaced too far apart and don't go all the way down, leaving a wide gap at the bottom. On the other side of the fence, the gate you repaired doesn't matched-up evenly and, in time, will begin to sag again. It was our understanding this would be repaired permanently. And finally, the slag-substance used for the sidewalk and for the stone wall was not cleaned up in several grassy areas throughout. John Lucidon Page 2 January 16, 2002 John, it is evident to us you are a perfectionist in your work from the pictures we saw. We would appreciate it if you would correct the areas noted to meet with both yours and our satisfaction. Please feel free to call me to discuss any of these areas you may have concerns about. Otherwise, I look forward to you taking care of these items noted in the near future. Sincerely, Je nd Sally Danyluk April 12, 2002 John Lucidon paradise Landscaping & Construction 1910 Spring Road Carlisle, PA 17013-1155 Dear John: a "certain minor r dated April 5, 2002, , permit me wherein to you relate the o the acts , attention. facts and occurrences I received your lette " First, per repairs ...needs (Sic) completion on December 2002. concerning this project since its comp problems with the job I sent you a letter dated January 16, 2002, wherein I outlined the roblems that needed to be corrected. You called and dls meantime, because al of the fence and Posts sometime in March, weather permitting. ante is located. This in the fence started leaning -r he contract, wore not anchored in cement, a P het end where the slotted p I left on your danger of breaking off starting concern in a message causing additional damage to the fence. I voiced my answering machine on March 29, 2002. left a voice on Monday, April i, 2002, you called my home at 7:30 in the morning, I immediately returned your call. You then proceeded to engage in a message, and wife could hear in the next room. I term+?aated?ths profanity-laced diatribe thatmphone. l then received your certified Better dated Ap conversation by banging up ? 2002, as referenced above, acknowledging that certain minor repairs are needed and asking that I give you a call or leave a message on your answering machine. The following needs to be fixe& anchored in cement as per the contract. fence must match the one on the other side as 1. The posts .must be prop Y as 2. The slotted panel at the end of the of material, design and quality well as the rest of the fence in terms it needs to construction. It's falling apart. 3. The top board of the fence is breaking as a result of the fence leaning, itself it be replaced. ate does not match either the fence or the gate i 4. The finish above the g terms of material and the 2x4s you substituted were installed crooked, Th contract calls for this to match the fence. art with large gapin 5 Th ?w'th absolutely no that struct you al integrity. would add t ist extra falling p f stone beneath t fence holes. The contract states stone, 2 feet high an gra pile a single row of stone, there is nothing to grade, and in the areas. When you p wall stood. few more months only rubble will remain where once a faulty . The gate you repa<red on the other side of the house doesn't match-up evenly and is starting to sag again' The contract states "repair and level", it is neither repaired nor is it level with the fence. correct these please be advised that if you are unable or unwilling to satisfactorily immediately and I will obtain problems in a professional and timely manner, let me know e ro attention bids from other contractors to get this wor accom lished. My our attorn y, Mr. Daniel prompt Natirboff, will then handle the resolution of this matter. I anticipate y to this matter. Sincerely, Jerry Danyluk cc; Daniel Natirboff, Lsq. 1 ? ? r? ,? -r f'` , __ ? ?. -t r ? ,... !1 - ,,_ .. _ .._ +] JERRY DANYLUK Plaintiff, V. JOHN M. LUCIDON, JR Defendant, and PARADISE LANDSCAPING AND CONSTRUCTION IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-597 CIVIL TERM PLAINTIFF'S PRELIMINARY OBJECTIONS AND MOTION TO STRIKE PLEADING FOR FAILURE TO CONFORM WITH THE PENNSYLVANIA RULES OF CIVIL PROCEDURE Before HOFFER P.J. HESS, J. and OILER, . ORDER AND NOW, on this 9"' day of December, 2003, it is hereby ORDERED that Defendant, utilizing the Pennsylvania Rules of Civil Procedure that are attached to this ORDER, resubmit an ANSWER in accordance and compliance with the said Rules. The Defendant is ordered to specifically admit or deny each averment in the Complaint in corresponding numbered paragraphs, as provided by the PRCP. The Defendant is also ordered to comply with the procedures set forth in the PRCP. Plaintiff's Motion to Strike is hereby DENIED insofar as Defendant can resubmit an ANSWER in accordance with the PRCP. By the Court: /Daniel Natirboff, Esquire 4138 Wimbledon Drive Harrisburg, PA 17112 For the Plaintiff 1910 Spring Road Carlisle, PA 17013 Pro se Defendant uivr?c???VM4SNy=??vn? PURDON'S PENNSYLVANIA STATUTES AND CONSOLIDATED STATUTES ANNOTATED PURDON'S PENNSYLVANIA CONSOLIDATED STATUTES ANNOTATED PENNSYLVANIA RULES OF CIVIL PROCEDURE ACTIONS AT LAW CIVIL ACTION PLEADINGS Current with amendments received through June 30, 2003 Rule 1017. Pleadings Allowed (a) Except as provided by Rule 104 the pleadings in an action are limited to a complaint, an answer thereto, a reply if the answer contains new matter or a counterclaim, a counter-reply if the reply to a counterclaim contains new matter, a preliminary objection and an answer thereto. Note: Pleading in asbestos litigation is governed by Rule 1041.1. An answer need be filed to a preliminary objection only when the preliminary objection alleges facts not of record, see Rule 1028(c)(2), note. (b) Rescinded. Note: The grounds for preliminary objections are set forth in Rule 1028(a). (c) No formal joinder of issues is required. Rule 1018. Caption Every pleading shall contain a caption setting forth the name of the court, the number of the action and the name of the pleading. The caption of a complaint shall set forth the form of the action and the names of all the parties, but in other pleadings it is sufficient to state the name of the first party on each side in the complaint with an appropriate`indication of other parties. Rule 1019. Contents of Pleadings. General and Specific Averments (a) The material facts on which a cause of action or defense is based shall be stated in a concise and summary form. (b) Averments of fraud or mistake shall be averred with particularity. Malice, intent, knowledge, and other conditions of mind may be averred generally. (c) In pleading the performance or occurrence of conditions precedent, it is sufficient to aver generally that all conditions precedent have been performed or have occurred. A denial of such performance or occurrence shall be made specifically and with particularity. (d) In pleading an official document or official act, it is sufficient to identify it by reference and aver that the document was issued or the act done in compliance with law. (e) In pleading a judgment, order or decision of a domestic or foreign court, judicial or administrative tribunal, or board, commission or officer, it is sufficient to aver the judgment, order or decision without setting forth matter showing jurisdiction to render it. (f) Averments of time, place and items of special damage shall be specifically stated. (g) Any part of a pleading may be incorporated by reference in another part of the same pleading or in another pleading in the same action. A party may incorporate by reference any matter of record in any State or Federal court of record whose records are within the county in which the action is pending, or any matter which is recorded or transcribed verbatim in the office of the prothonotary, clerk of any court of record, recorder of deeds or register of wills of such county. (h) When any claim or defense is based upon an agreement, the pleading shall state specifically if the agreement is oral or written. Note: If the agreement is in writing, it must be attached to the pleading. See subdivision (i) of this rule. (i) When any claim or defense is based upon a writing, the pleader shall attach a copy of the writing, or the material part thereof, but if the writing or copy is not accessible to the pleader, it is sufficient so to state, together with the reason, and to set forth the substance in writing. Rule 1020. Pleading More Than One Cause of Action. Alternative Pleading. Failure to Join. Bar (a) The plaintiff may state in the complaint more than one cause of action against the same defendant heretofore asserted in assumpsit or trespass. Each cause of action and any special damage related thereto shall be stated in a separate count containing a demand for relief. Note: Rule 102 provides that the singular includes the plural and the plural includes the singular. (b) If persons join as plaintiffs under Rules 2228, 2229(a) or (e), the complaint shall state the cause of action, any special damage, and the demand for relief of each plaintiff in a separate count, preceded by a heading naming the parties to the cause of action therein set forth. (c) Causes of action and defenses may be pleaded in the alternative. (d)(1) If a transaction or occurrence gives rise to more than one cause of action against the same person, including causes of action in the alternative, they shall be joined in separate counts in the action against any such person. Note: Subdivision (d)(1) requires the joinder of related causes of action. The joinder of unrelated causes of action is permissive. See subdivision (a). For Rules governing joinder of parties, see Rule 2226 et seq. (2) Rescinded Dec. 16, 1983, effective July 1, 1984. (3) Rescinded Dec. 16, 1983, effective July 1, 1984. Note: Former subdivision (d)(3) governed election of remedies between assumpsit and trespass, joint trial of multiple causes of action, submission of specific questions to the jury and molding the verdict. Any reference to election of remedies has become procedurally irrelevant as the result of the creation of the single form of civil action. See Rule 213(a) and (b) governing the consolidation and severance of causes of action. (4) Failure to join a cause of action as required by subdivision (d)(1) of this Rule shall be deemed a waiver of that cause of action as against all parties to the action. (5) Rescinded Dec. 16, 1983, effective July 1, 1984. Rule 1021. Claim for Relief. Determination of Amount in Controversy (a) Any pleading demanding relief shall specify the relief sought. Relief in the alternative or of several different types, including an accounting may be demanded. (b) Any pleading demanding relief for unliquidated damages shall not claim any specific sum. (c) In counties having rules governing compulsory arbitration the plaintiff shall state whether the amount claimed does or does not exceed the jurisdictional amount requiring arbitration referral by local rule. (d) The court on its own motion or motion of any party may by discovery, pre- trial conference, hearing or otherwise, determine the amount actually in controversy and enter an order of reference to arbitration. Rule 1022. Paragraphing Every pleading shall be divided into paragraphs numbered consecutively. Each paragraph shall contain as far as practicable only one material allegation. Rule 1024. Verification (a) Every pleading containing an averment of fact not appearing of record in the action or containing a denial of fact shall state that the averment or denial is true upon the signer's personal knowledge or information and belief and shall be verified. The signer need not aver the source of the information or expectation of ability to prove the averment or denial at the trial. A pleading may be verified upon personal knowledge as to a part and upon information and belief as to the remainder. Note: See Definition Rule 76 for definition of'verified.' (b) If a pleading contains averments which are inconsistent in fact, the verification shall state that the signer has been unable after reasonable investigation to ascertain which of the inconsistent averments, specifying them, are true but that the signer has knowledge or information sufficient to form a belief that one of them is true. (c) The verification shall be made by one or more of the parties filing the pleading unless all the parties (1) lack sufficient knowledge or information, or (2) are outside the jurisdiction of the court and the verification of none of them can be obtained within the time allowed for filing the pleading. In such cases, the verification may be made by any person having sufficient knowledge or information and belief and shall set forth the source of the person's information as to matters not stated upon his or her own knowledge and the reason why the verification is not made by a party. Rule 1025. Endorsement < Text effective until September 1, 2003 > Every pleading or other legal paper of a party represented by an attorney shall be endorsed with the name of the attorney, and every pleading or other legal paper of a party not represented by an attorney shall be endorsed with the name of the party, together in each case with an address within the Commonwealth. Note: The inclusion of a telephone number for facsimile transmission on an appearance or prior legal paper is an agreement to accept service of pleadings or other legal papers by that means. See Rule 440(d)(1). Rule 1026. Time for Filing. Notice to Plead (a) Except as provided by Rule 1042.5 or by subdivision (b) of this rule, every pleading subsequent to the complaint shall be filed within twenty days after service of the preceding pleading, but no pleading need be filed unless the preceding pleading contains a notice to defend or is endorsed with a notice to plead. Note: For the form of notice to defend see Rule 1018.1 and for the form to notice to plead see Rule 1361. Additional time within which to plead may be sought under Rule 248. Rule 1042.5 governs actions in which a professional liability claim is asserted. (b) A defendant served outside the United States shall have sixty days from service of the complaint within which to plead. Rule 1028. Preliminary Objections (a) Preliminary objections may be filed by any party to any pleading and are limited to the following grounds: (1) lack of jurisdiction over the subject matter of the action or the person of the defendant, improper venue or improper form or service of a writ of summons or a complaint; Note: Of the three grounds available to challenge venue, only improper venue may be raised by preliminary objection as provided by Rule 1006(e). Forum non conveniens and inability to hold a fair and impartial trial are raised by petition as provided by Rule 1006(d)(1) and (2). See > Rule of Appellate Procedure 31 l(b) for interlocutory appeals as of right from orders sustaining jurisdiction and venue. (2) failure of a pleading to conform to law or rule of court or inclusion of scandalous or impertinent matter; (3) insufficient specificity in a pleading; (4) legal insufficiency of a pleading (demurrer); and Note: The defense of the bar of a statute of frauds or statute of limitations can be asserted only in a responsive pleading as new matter under Rule 1030. (5) lack of capacity to sue, nonjoinder of a necessary party or misjoinder of a cause of action; and (6) pendency of a prior action or agreement for alternative dispute resolution. Note: An agreement to arbitrate may be asserted by preliminary objection or by petition to compel arbitration pursuant to the Uniform Arbitration Act, > 42 Pa. C.S. § 7304, or the common law, > 42 Pa.C.S. § 7342(a). (b) All preliminary objections shall be raised at one time. They shall state specifically the grounds relied upon and may be inconsistent. Two or more preliminary objections may be raised in one pleading. (c)(1) A party may file an amended pleading as of course within twenty days after service of a copy of preliminary objections. If a party has filed an amended pleading as of course, the preliminary objections to the original pleading shall be deemed moot. (2) The court shall determine promptly all preliminary objections. If an issue of fact is raised, the court shall consider evidence by depositions or otherwise. Note: Preliminary objections raising an issue under subdivision (a)(1), (5) or (6) cannot be determined from facts of record. In such a case, the preliminary objections must be endorsed with a notice to plead or no response will be required under Rule 1029(d). However, preliminary objections raising an issue under subdivision (a)(2), (3) or (4) may be determined from facts of record so that further evidence is not required. Consult local rules which may contain supplementary procedures governing the filing and disposition of preliminary objections. (d) If the preliminary objections are overruled, the objecting party shall have the right to plead over within twenty days after notice of the order or within such other time as the court shall fix. (e) If the filing of an amendment, an amended pleading or a new pleading is allowed or required, it shall be filed within twenty days after notice of the order or within such other time as the court shall fix. (f) Objections to any amended pleading shall be made by filing new preliminary objections. Rule 1029. Denials. Effect of Failure to Deny (a) A responsive pleading shall admit or deny each averment of fact in the preceding pleading or any part thereof to which it is responsive. A party denying only a part of an averment shall specify so much of it as is admitted and shall deny the remainder. Admissions and denials in a responsive pleading shall refer specifically to the paragraph in which the averment admitted or denied is set forth. (b) Averments in a pleading to which a responsive pleading is required are admitted when not denied specifically or by necessary implication. A general denial or a demand for proof, except as provided by subdivisions (c) and (e) of this rule, shall have the effect of an admission. (c) A statement by a party that after reasonable investigation the party is without knowledge or information sufficient to form a belief as to the truth of an averment shall have the effect of a denial. Note: Reliance on subdivision (c) does not excuse a failure to admit or deny a factual allegation when it is clear that the pleader must know whether a particular allegation is true or false. See > Cercone v. Cercone, 254 Pa.Super. 381, 386 A.2d 1 (1978). (d) Averments in a pleading to which no responsive pleading is required shall be deemed to be denied. (e) In an action seeking monetary relief for bodily injury, death or property damage, averments in a pleading to which a responsive pleading is required may be denied generally except the following averments of fact which must be denied specifically: (1) averments relating to the identity of the person by whom a material act was committed, the agency or employment of such person and the ownership, possession or control of the property or instrumentality involved; (2) if a pleading seeks additional relief, averments in support of such other relief, and (3) averments in preliminary objections. Note: Subdivision (e) applies only to those actions for which damages for delay may be awarded pursuant to > Rule of Civil Procedure 238. Rule 1030. New Matter (a) Except as provided by subdivision (b), all affirmative defenses including but not limited to the defenses of accord and satisfaction, arbitration and award, consent, discharge in bankruptcy, duress, estoppel, failure of consideration, fair comment, fraud, illegality, immunity from suit, impossibility of performance, justification, laches, license, payment, privilege, release, res judicata, statute of frauds, statute of limitations, truth and waiver shall be pleaded in a responsive pleading under the heading New Matter'. A party may set forth as new matter any other material facts which are not merely denials of the averments of the preceding pleading. (b) The affirmative defenses of assumption of the risk, comparative negligence and contributory negligence need not be pleaded. Note: If a defendant pleads the affirmative defenses set forth in subdivision (b), they shall be deemed denied and the plaintiff need not reply. Defenses which are not required to be pleaded are not waived. See Rule 1032(a). Rule 1031. Counterclaim (a) The defendant may set forth in the answer under the heading 'Counterclaim' any cause of action heretofore asserted in assumpsit or trespass which the defendant has against the plaintiff at the time of filing the answer. Note: See Rule 213(a) and (b) governing consolidation and severance of causes of action. (b) A counterclaim need not diminish or defeat the relief demanded by the plaintiff. It may demand relief exceeding in amount or different in kind from that demanded by the plaintiff. Rule 1032. Waiver of Defenses. Exceptions. Suggestion of Lack of Subject Matter Jurisdiction or Failure to Join Indispensable Party (a) A party waives all defenses and objections which are not presented either by preliminary objection, answer or reply, except a defense which is not required to be pleaded under Rule 1030(b), the defense of failure to state a claim upon which relief can be granted, the defense of failure to join an indispensable party, the objection of failure to state a legal defense to a claim and any other nonwaivable defense or objection. Note: Subdivision (a) accommodates developing law with respect to defenses or objections which cannot be waived. (b) Whenever it appears by suggestion of the parties or otherwise that the court lacks jurisdiction of the subject matter or that there has been a failure to join an indispensable party, the court shall order that the action be transferred to a court of the Commonwealth which has jurisdiction or that the indispensable party be joined, but if that is not possible, then it shall dismiss the action. Note: See Section 5103 of the Judicial Code, > 42 Pa.C.S. § 5103, relating to the transfer of erroneously filed matters. PRAECIPE FOR LISTING CASE FOR ARGUMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY. Please list the within matter for the next Argument Court. JERRY DANYLUK : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA 834 Acri Road Mechanicsburg, PA 17055 Plaintiff, V. CIVIL ACTION - LAW John M. Lucidon, Jr. 1910 Spring Road Carlisle, PA 17013 and Paradise Landscaping and Construction 1910 Spring Road Carlisle, PA 17013 Defendants NO. 03-597 CIVIL TERM 1. State matter to be argued (i.e. plaintiff's motion for new trail, defendant's demurrer to complaint, etc.): Plaintiff's Motion for Judgment on the Pleadings 2. Identify counsel who will argue case: (a) for plaintiff: Address: Daniel Natirboff, Esquire 4138 Wimbledon Drive Harrisburg, PA 171112 (b) for Defendant: John M. Lucidon, Pro Se 1910 Spring Road Carlisle, PA 17013 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: June 9, 2004 Da iel K. N1 ti boff, Esquire April 29 2004 13y. Dated: AttorneY for PLaintiff JERRY DANYLUK 834 Acri Road Mechanicsburg, PA 17055 Plaintiff, V. John M. Lucidon, Jr. 1910 Spring Road Carlisle, PA 17013 and IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 03-597 Paradise Landscaping and Construction 1910 Spring Road Carlisle, PA 17013 Defendants CERTIFICATE OF SERVICE I, Daniel K. Natirboff, Esquire, hereby certify that I did on this c ? day of April, 2004, serve a true and correct copy of Plaintiff's Praecipe to List for Argument upon the person(s), and/or their counsel, and in the manner indicated below: Service by First Class U.S. Mail addressed to: John M. Lucidon, Jr. Paradise Landscaping and. Construction 1910 Spring Road c/o John M. Lucidon Carlisle, PA 17013 1910 Spring Road Defendant Carlisle, PA 17013 Defendant i aniel K. Natirboff, Esq. Supreme Court No. 78594 j 4138 Wimbledon Drive Harrisburg, PA 17112 (717) 503-3083 Attorney For Plaintiff r rt• -1 W Q J W < MAY 0 4 2004 JERRY DANYLUK IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 834 Acri Road Mechanicsburg, PA 17055 Plaintiff, V. CIVIL ACTION -LAW John M. Lucidon, Jr. : NO. 03-597 CIVIL TERM 1910 Spring Road : NO. 03-1040 CIVIL TERM Carlisle, PA 17013 and Paradise Landscaping and Construction 1910 Spring Road Carlisle, PA 17013 Defendants ORDER AND NOW, on this day of, 20 , in consideration of Plaintiffs Motion to Consolidate, Plaintiffs Motion is GRA D. The Claims docketed at NO(s) 03-597 and 03-1040 shall be consolidated into one Claim at aring uncle 03-597. j /V_?j sV 0 oh?0 C N C; -* C _ W r ?'- 7 > CJ G-Z LIJ l ? .LI ? -vi,. n. r r 0 O b N U IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JERRY DANYLUK, Plaintiff V. : NO. 03-597 JOHN M. LUCIDON, JR., and PARADISE LANDSCAPING and : CIVIL ACTION - LAW CONSTRUCTION, Defendants PRAECIPE Sir: Please enter our appearance for the Defendants. Carlisle, PA 17013, (717) 249-5373 To: Curtis R. Long, Prothonotary Date: June 9, 2004 19 Brookwood Avenue, Suite 106 C) v ( ) r . - w to -n ! (7) -{ cn cn IN THE COURT OF COMMON ]PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JERRY DANYLUK, Plaintiff Civil Action - Law V. No. 03 - 597 Civil Term JOHN M. LUCIDON, JR., and PARADISE LANDSCAPING AND CONSTRUCTION, Defendants MOTION FOR LEAVE TO FILE AMENDED ANSWER AND NOW, this 17`h day of June, 2004, come John M. Lucidon, Jr., and Paradise Landscaping and Construction (hereinafter "PLC'), by and through their attorneys, Hanft & Knight, P.C., and respectfully move for leave to file an Amended Answer and in support thereof aver as follows: This action was commenced on or about March 10, 2003, and Mr. Lucidon, acting in a pro se capacity, filed "Objections to Claims" (a copy of which is attached hereto as Exhibit A and incorporated herein as if fully set forth herein) on or about April 2, 2003. 2. Upon learning that the document filed on April 2, 2003, was procedurally incorrect, Mr. Lucidon, again acting pro se, filed an "Answer to Complaint" (a copy ofwhich is attached hereto as Exhibit B and incorporated herein as if fully set forth herein) on or about October 16, 2003; unfortunately, Mr. Lucidon's "Answer to Complaint" did not comply with the Pennsylvania Rules of Civil Procedure. Plaintiff responded to the Answer to Complaint referenced in Paragraph 2, above, on or about April 29, 2004, via the filing of"Plaintiff's Motion for Judgment on the Pleadings" (a copy of which is attached hereto as Exhibit C and incorporated herein as if fully set forth herein) and, concurrently, filed a "Praecipe to List for Argument." 4. Pursuant to Plaintiff's Praecipe, the matter was scheduled for Argument Court on June 9, 2004. During the course ofpreparing for and attempting to defend this matter, Mr. Lucidon came to realize that he did not possess the legal acumen to proceed pro se; furthermore, on or about June 7, 2004, Mr. Lucidon began to suffer from what was believed to be a severe episode of food poisoning and, as a result, failed to retain legal counsel in time for Argument Court and, too, failed to personally appear at Argument Court on June 9, 2004. 6. On the afternoon of June 8, 2004, Mr. Lucidon's spouse, Rosa Lucidon, telephoned the undersigned attorney and stated her intent to engage said attorney's services, and that she would provide the documentation pertaining to this matter the following day. During said June 8, 2004, conversation, the undersigned attorney advised Mrs. Lucidon to attend the aforementioned Argument Court session in order to explain that her husband was unable to attend due to illness, and that counsel would be retained forthwith to assist Mr. Lucidon in this matter; Mrs. Lucidon adhered to said advice and, :immediately following Argument Court, met with the undersigned attorney and retained his services in this matter. 8. Plaintiff cannot demonstrate any real or meaningful prejudice to himself by an Order permitting Plaintiff to file an Amended Answer; however, the failure of the Court to allow an Amended Answer will penalize Mr. Lucidon for his layman's attempt to defend against this action and deprive him of the opportunity to defend the claim on the merits. 9. Permitting Plaintiff to prevail in this matter - via his Motion for Judgment on the Pleadings - on the basis of Mr. Lucidon's ignorance of the Pennsylvania Rules of Civil Procedure would serve to undermine resolving this matter on its merits and substance. 10. By granting the Plaintiff's Motion for Leave to File an Amended Answer, this Honorable Court will provide the proper conditions for an outcome based on the merits. 11. The undersigned attorney has, pursuant to Cumberland County Rule of Procedure 206-2(c), sought the concurrence of opposing counsel to amend the Defendants' Answer and said counsel, Daniel Natirboff, Esquire, does not concur with this Motion. WHEREFORE, Defendant requests leave of this Honorable Court to file and serve the attached Amended Answer. Respectfully submitted, HANFT & KNIGHT, P.C. Qames I N3 son, Esquire Attorney I.D. No. 91144 19 Brookwood Avenue, Suite 106 Carlisle, Pennsylvania 17013 Telephone: (717) 2.49-5373 Facsimile: (717) 249-0457 Attorney for Defendants CERTIFICATE OF SERVICE AND NOW, this 17' day of June, 2004, I, James I. Nelson, Esquire, hereby certify that I have this day served the following person with a copy of the foregoing document, by first class, United States Mail, postage pre-paid, addressed as follows: Daniel K. Natirboff, Esquire 4138 Wimbledon Drive Harrisburg, PA 17112 HANFT & KIfIGHT, P.C. ,lathes L elson, Esquire ft). No. 91144 19 Brookwood Avenue, Suite 106 Carlisle, Pennsylvania 17013-9142 (717) 249-5373 Exhibit A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JERRY DANYLUK, Plaintiff Civil Action - Law V. No. 03 - 597 Civil Term JOHN M. LUCIDON, JR., and PARADISE LANDSCAPING AND CONSTRUCTION, Defendants AMENDED ANSWER AND NOW, this 17`h day of June, 2004, come John M. Lucidon, Jr., and Paradise Landscaping and Construction (hereinafter "PLC"), by and through their attorneys, Hanft & Knight, P.C.,and file the following Amended Answer, and in support thereof aver as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Denied as stated. The contract speaks for itself. Strict proof of the averments contained in Paragraph 4 is demanded at trial. 5. Denied as stated. The contract speaks for itself. Strict proof of the averments contained in Paragraph 5 is demanded at trial. 6. Denied as stated. The contract speaks for itself. Strict proof of the averments contained in Paragraph 6 is demanded at trial. 7. Denied. The contract specified that the work requested by the Plaintiff would be completed for the amount of $4,600.00, with 50% of that amount due at signing and 50% due at completion of the project. Strict proof of the averments contained in Paragraph 7 is demanded at trial. 8. Denied as stated. The contract speaks for itself. Strict proof of the averments contained in Paragraph 8 is demanded at trial. 9. Denied as stated. The contract speaks for itself. Strict proof of the averments contained in Paragraph 9 is demanded at trial. 10. Admitted. 11. Admitted. 12. Denied. It is specifically denied that, immediately upon the completion of the project by Mr. Lucidon, the Plaintiff voiced any complaint or displeasure with said project. By way of further answer, upon the completion of the project, the Plaintiff thoroughly inspected the completed work, approved, and paid the remaining $2,300 due under the terms of the contract. Strict proof of the averments contained in Paragraph 12 is demanded at trial. 13. Denied as stated. By way of further answer, on January 7, 2002, the Plaintiff telephoned Mr. Lucidon, described a number of perceived problems with the project as completed by Mr. Lucidon, and requested that Mr. Lucidon remedy said problems. Mr. Lucidon agreed to examine said problems and remedy any shortcomings in the work performed by his company. Strict proof of the averments contained in Paragraph 13 is demanded at trial. 14. Admitted in part, denied in part. It is admitted that the Plaintiff sent Mr. Lucidon a letter dated January 16, 2002. It is denied that the content of the letter accurately reflects the January 7`s conversation referenced in Paragraph 13 and, also, that it accuratelyportrays shortcomings in Mr. Lucidon's work. Strict proof of the averments contained in Paragraph 14 is demanded at trial. 15. Denied as stated. Upon receiving the Plaintiffs January 16' letter, Mr. Lucidon telephoned the Plaintiff and assured the Plaintiff that he would inspect the completed work when the weather improved; no mention was made of specific dates when said inspection would be undertaken. Strict proof of the averments contained in Paragraph 15 is demanded at trial. 16. Denied. By way of further answer, the response to Paragraph 15 is incorporated herein. It is specifically denied that Mr. Lucidon directed any "offensive profanity laced tirade" at the Plaintiff over the telephone. Strict proof of the averments contained in Paragraph 16 is demanded at trial. 17. Denied as stated. Mr. Lucidon's letter of April 5, 2002, speaks for itself. By way of further answer, Mr. Lucidon's acknowledgment that certain minor repairs needed attention in no way supports the claims made by the Plaintiff. Strict proof of the averments contained in Paragraph 17 is demanded at trial. 18. Denied. The letter of April 12, 2002, attached to the Plaintiff s Complaint as Exhibit 4, was never received by Mr. Lucidon. It is believed and therefor averred that said letter was never mailed to Mr. Lucidon. Strict proof of the averments contained in Paragraph 17 is demanded at trial. 19. Denied. By way of further answer, Mr. Lucidon's April 5, 2002, letter to the Plaintiff requested that the Plaintiff "give us a call at your convenience so we can schedule this repair work." Thereafter, Mr. Lucidon was not contacted by the Plaintiff. Strict proof of the averments contained in Paragraph 19 is demanded at trial. 20. The responses to Paragraphs 1-19 are incorporated. herein by reference as if fully set forth herein. 21. Denied as stated. The contract speaks for itself. Strict proof of the averments contained in Paragraph 21 is demanded at trial. 22. Denied. The averments of Paragraph 22 are a conclusion of law to which no responsive pleading is required. If a more specific answer is deemed appropriate, the averments of Paragraph 22 are specifically denied and strict proof thereof is demanded at trial. 23. Denied. It is specifically denied that any actions undertaken by Mr. Lucidon resulted in the destruction ofthe Plaintiffs already existing cedar wood fencing. Strict proof of the averments contained in Paragraph 22 is demanded at trial. 24. Denied. The averments of Paragraph 24 are a conclusion of law to which no responsive pleading is required. If a more specific answer is deemed appropriate, the averments of Paragraph 24 are specifically denied and strict proof thereof is demanded at trial. 25. Denied. By way of further Answer, Mr. Lucidon's aforementioned April 5, 2002, letter to the Plaintiff requested that the Plaintiff "give us a call at your convenience so we can schedule this repair work." Thereafter, Mr. Lucidon was not contracted by the Plaintiff. Strict proof of the averments contained in Paragraph 25 is demanded at trial. 26. Denied. Defendants are without knowledge or :information as to the truth of the averments set forth in Paragraph 26, and said averments are, therefor, denied. By way of further answer, attention is directed to the fact that "Mr. Wright" both provided the opinion, to the effect that the only way to remedy the Defendants' work was "to completely remove all work and rebuild completely," and, apparently, received the $7,100.00 contract for the implementation of that opinion. Strict proof of the averments in Paragraph 26 is demanded at trial. 27. Denied. Defendants are without knowledge or information as to the truth of the averments set forth in Paragraph 27, and said averments are, therefor, denied. Further, Defendants' responses to Paragraph 26 are incorporated herein by reference as if set fully forth herein. Strict proof of the averments in Paragraph 27 is demanded at trial. 28. Denied. Defendants are without knowledge or information as to the truth of the averments set forth in Paragraph 28, and said averments are, therefor, denied. By way of further answer, Plaintiff's Exhibit 6 speaks for itself. Further, Defendants' responses to Paragraph 26 are incorporated herein by reference as if set fully forth herein. Strict proof of the averments in Paragraph 28 is demanded at trial. 29. The responses to Paragraphs 1-28 are incorporated herein by reference as if fully set forth herein. 30. Denied. The contract speaks for itself. Strict proof of the averments contained in Paragraph 30 is demanded at trial. By way of further answer, the averment of Paragraph 30 characterizing the nature of any applicable warranties is a conclusion of law to which no responsive pleading is required. Strict proof of the averments in Paragraph 30 is demanded at trial. 31. Denied. The averments of Paragraph 31 are a conclusion of law to which no responsive pleading is required. If a more specific answer is deemed appropriate, the averments of Paragraph 24 are specifically denied and strict proof thereof is demanded at trial. 32. The responses to Paragraphs 1-31 are incorporated herein by reference as if fully set forth herein. 33. Denied. The averments of Paragraph 33 are a. conclusion of law to which no responsive pleading is required. If a more specific answer is deemed appropriate, the averments of Paragraph 33 are specifically denied and strict proof thereof is demanded at trial. 34. Admitted in part, denied in part. It is admitted that the parties executed a contract on December 6, 2002. The averment of Paragraph 34 stating that the work performed by the Defendants was not completed "in a reasonably workmanlike manner," in the context of the case cited in Paragraph 33, constitutes a conclusion of law to which no responsive pleading is required. If a more specific answer is deemed appropriate, the remaining averments of Paragraph 34 are denied and strict proof thereof is demanded at trial. WHEREFORE, the Defendants respectfully request judgment in their favor and against Defendants. Respectfully submitted, HANFT & KNIGHT, P.C. James I. TNlson, Esquire Attorney I.D. No. 91144 19 Brookwood Avenue, Suite 106 Carlisle, Pennsylvania 17013 Telephone: (717) 249-5373 Facsimile: (717) 249-0457 Attorney for Defendants F:\U9 Folda\Fiem Rocs\G doc92004U492-2.d.ans.wpd CERTIFICATE OF SERVICE AND NOW, this 17" day of June, 2004, I, James I. Nelson, Esquire, hereby certify that I have this day served the following person with a copy of the foregoing document, by first class, United States Mail, postage pre-paid, addressed as follows: Daniel K. Natirboff, Esquire 4138 Wimbledon Drive Harrisburg, PA 17112 HANFT & KNIGHT, P.C. 4fines Nelson, Esquire D. No. 91144 19 Brookwood Avenue, Suite 106 Carlisle, Pennsylvania 17013-9142 (717) 249-5373 VERIFICATION John M. Lucidon, Jr. hereby verifies that the facts set forth in the foregoing Amended Answer are true and correct to the best of his knowledge, information and belief, and understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsifications to authorities. Jo M. Lucidon, Jr. DATE: 6 //// l0 'f Exhibit B JERRY DANYLUK 834 Acri Road Mechanicsburg,PA 17055 PLAINTIFF V. PARADISE LANDSCAPING & CONSTRUCTION JOHN M. LUCIDON,JR. 1910 Spring Road Carlisle,PA 17013 DEFENDANTS IN THE COURT Or COMON PLEAS CUMBTUZLAND COUNTY, PENNSYLVANIA CIVII, ACTION LAW NO. 03-597 CIVIL TERM - r• i' 71 OBJECTIONS TO THE CLAIMS 1. Plaintiff, Jerry Danyluk resides at 834 Acri Road, Mechanicsburg, Pennsylvania, 17055. 2. Defendant, John M. Lucidon,Jr. resides at '1910 Spring Road,Carlisle Pennsylvania, 17013. 3. Defendant, Paradise Landscaping and Construction is owned and operated by John M. Lucidon,Jr. at the same address above. 4. On December 6, 2001 Plaintiff and defendant entered and signed a contract after Plaintiff explained the details of what needs done and showing the Defendant the area and surroundings that needs work. 5. Defendant was provided details as to the plan of work. Therefore, contract was written to the specified request of Plaintiff. A true & correct copy of contract is attached and signed by both Plaintiff & Defendant and is marked as "EX UBIT A". 6. As per agreement in the contract, Plaintiff was to pay Defendant a 50% deposit in the amount of $2,300.00, paid on December 6,2001 after signing the contract. The remaining 50% balance which is $2,300.00 will be paid upon satisfactory completion of work. /?. Upon completion, Defendanthoroughly inspects the whole work done together with Plaintiff. 74 -11. Plaintiff approved all work done and therefore paid the remaining balance of $2,300.00 upon completion. 10. On January 18,2002 Defendant received aletter thru regular mail post marked January 17,2002. This letter is marked "EXHIBIT B". 11. Upon reading the letter, Defendant responds and calls Plaintiff that same evening at 5:05p.m.. _--1-2. Defendant assured Plaintiff that when the weather improves and the Spring comes, that Defendant will come and inspect Plaintiff's complains. --93. Defendant did not mention about coming to see his property in March. No dates were discussed. ---T4. On April 5, 2002, Defendant wrote and mailed a certified letter to Plaintiff expressing his availability to visit Plaintiff's residence and discuss complains as well as look over the area that needed repairs based on the said contract. This certified letter is attached as "EXHIBIT C". 1?. This same letter mailed by Defendant requests Plaintiff to call Defendant to schedule this work, at plaintiff's convenience. 16. Defendant did not receive any calls after this letter shown as Exhibit C. 17. Defendant has not heard any thing from Plaintiff for schedule of work. __? 18. EXHIBIT 4 attached by Plaintiff in his complaint letter dated April 12,2002 This letter to be filed as EXHIBIT D was not given or "..received by Defendant. Defendant has no knowledge of receiving this letter at any time. 19. It was with all intentions that Defendant agreed to look over Plaintiff's complaints and correct any problems that occurred based on the contract. 20. Plaintiff was insisting for Defendant to redo the whole job and and changing the said existing contract because Plaintiffs' plans, his design and specifications did not meet with codes. 21. It was Plaintiffs respond to take care of the permits and inspections and this was not done. I have not seen the permit for this job at that time and inspections were not done. 22. Defendant was willing to repair the minor things but Plaintiff wanted and insisted to change the whole scope of the job. Thus, change the existing contract and not pay any more money to Defendant. 23. Plaintiff is fully aware that he was not meeting codes. Defendant mentioned this several times during the job. But Plaintiff said he would take care of this. 24. Every day Defendant was on the job, Plaintiff daily inspected, and watched meticulously the daily progress of the work. 25. Defendant followed Plaintiffs' instructions as to what Plaintiff planmed for the design of the job. 26. It is Defendant's policy that customer satisfaction is a priority. If customer is not happy and satisfied with the work, then customer does not pay the remaining balance of 50%. So Defendant makes sure that' customers checks the work done in detail and is fully satisfied at com- pletion. 27. Defendant John M. Lucidon,Jr. and Paradise Landscaping and Construction has been in business for 27 years and has all these years of experience and training from Temple University, Philadelphia, PA. ?/' 28. Defendant John M. Lucidon,Jr. has regular customers over the years that he has build from the satisfactory workmanship, excellent quality work and his dependability and integrity. 29. Attached is "FMIBIT E" to prove and show Defendant's character and work. WHEREFORE, Defendant John M. Lucidon,Jr. and Paradise Landscaping and Construction respectfully requests that judgement be entered in his favor with no money owed to Plaintiff since Defendant expressed in letter and conversation that Defendant had all willingness to repair any fix problems on the job done, based on the contract. Defendant did not refuse to take care of the problems that incurred after the job Eras done. But Plaintiff decided to hire someone else to repair the work. This was Plaintiff's decision. espec ully JO M. LUCIDON, JR. PARADISE LAiNDSCAPINC AND OM ON 11910 Spring Road Carlisle, 17013 O Exhibit C JERRY DANYLUK : IN THE COURT OF COMMON PLEAS : CUMRMZLAND COUNTY,PENNSYLVANIA 834 Acri Road Mechanicsburg, PA 17055 Plaintiff, V. CIVIL AmON - LAW JOHN M. LUCIDON, JR. PARADISE LANDSCAPING AND CONSTRUCTION NO. 03-597 CIVIL TERM 1910 Spring Road Carlisle, PA 17013 Defendants ANSWER TO CCMPLAINT 1. Paragraphs 1,2,3,4,5,6, and 7 are true and correct. 2. Paragraph 8 is part true and part needs to be more specific in detail. 3. Paragraph 9 is true and correct. 4. Paragraph 10 is part true and part not exactly as written in contract. Exhibit A attached. 5. Paragraph 11 is part true and part denied. 6. Paragraph 12 is fully denied by Defendants. n r.. 7. Paragraph 13 is true and correct. 8. Paragraph 14 is true and correct. 9. Paragraph 15 is part true and part denied by Defendant. 10. Paragraph 16 is part true and part denied by Defendant. 11. Paragraph 17 is true and correct. 12. Defendant fully denies statement mentioned in paragraph 18. 13. Defendant denies part of paragraph 19 and part is true and correct. 14. Paragraph 21 is true and correct. 15. Defendant further denies the said allegations mentioned in paragraphs 22, 23, 24, and 25. 16. The aforesaid paragraphs set forth are allegations by the Plaintiff and needs to be proven in the Court of Law. 17. Paragraph 30 is true and correct. 18. Paragraphs 31 and 34 are mostly untrue and defendant denies all claims mentioned and accusations in the aforesaid paragraphs. 19, A part of paragraph 34 is true and correct, in reeference to a contract made and signed on December 6, 2001, not 2002. WHERMM, Defendant JOHN M. LUCIDON, JR. and PARADISE LANDSCAPING AND OONSTRUMON respectfully requests that judgement be entered in his favor with no money owed to Plaintiff due to the following reasons: 1. As stated in the contract (Exhibit A), the remaining 50% balance which is $2,300.00 will be paid upon satisfactory completion of work. 2. Defendant did not cease work on December 22,2001. Defendant completed the work with Plaintiff's thorough and meticulous inspection of the whole job. 3. Upon satisfactoryt results from Plaintiff, no complaints mentioned, Plaintiff therefore willingly paid Defendant the remaining balance of $2,300.00 the following day, December 23, 2001. 4. Defendant expressed in letter (Exhibit 13) and telephone conver- sation upon receiving Plaintiff's letter dated January 17, 2002, (Exhibit C) that Defendant has all willingness and intentions to repair any existing problems in reference to the job done by the Defendant based on the contract. Defendant did not refuse at any time to take care of the corrections / problems incurred after completion of work. 5. Based on letter by Defendant (Exhibit B) the Spring season and weather seems to be improving, Defendant was ready to schedule to. meet with Plaintiff. 6. Plaintiff did not respond to Defendant's letter (Exhibit B). Plaintiff did not call Defendant by telephone to schedule a meeting. 7. Plaintiff was fully informed by Defendant that he was not meeting codes, based on his plans. But Plaintiff insisted that he would take the responsibility. 8. Plaintiff's letter dated April 12, 2002 (Exhibit D) was not received by Defendant. Defendant has no knowledge of this letter at any time in the past.This is the first time Defendant saw and read this letter. 9. It is Defendants' policy that customer satisfaction is a priority. If the customer is not happy and satisfied with the work, then the customer does not pay the remaining balance. Defendant makes it a routine procedure that customer checks the work done in detail and is fully satisfied at completion. 10. Lastly, Defendant has all willingness to repair and fix corrections related to the work done in the scope of the contract. Defendant did not, at any time, refuse to take care of the problems that incurred after completion. Defendant had all good intentions to address the Plaintiff's complaints in proper time and weather permitting. 11. Plaintiff decided to choose and hire someone else to repair the work. This was Plaintiff's decision to do so. WHEREFORE, Defendant, John M. Lucidon, Jr. and Paradise landscaping and construction respectfully requests that judgement be entered in his favor with no monies owed to Plaintiff since Defendant ordered all top quality materials, and installed according to specifications in proposed contract. Defendants spent time, and labor in hiring 4 men plus himself, deligently working and supervising the project. Defendant finished and completed the work with the best of his ability, knowledge and professionalism. Defendant made certain that Plaintiff was fully satisfied and happy with the finished work. Defendant left the completed job in satisfactory condition as specified in contract. Plaintiff being pleased with the outcome, completed to pay the balance in full to Defendant the following day. PARADISE LANDSCAPING & CONSTRUCTION JOHN M. LUCIDON, JR. Date: October 15, 2003 I, JOHN M. LUCIDON, JR. and PARADISE LANDSCAPING AND , Defendants, have read the foregoing Answer and do hereby swear or affirm that the facts set forth in the foregoing are true and correct to the best of my knowledge, information and belief. I understand that this Verification is made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unworn falsification to authorities. WITNESS: PARADISE LANDSCAPING & CONST. JOHN M. LUCIDON, JR. Dated: ,35,39200 OVTW99 Carbonles5 _GAdamsNC 3818_50 3 PART 'ROPOSAL ononCAI CHE! AITT;;n TrT \ r I a , ` LAME , trL 4 r 1 R S ' 1 V./kxU nlM ?. jet( tDDRESS ?3 4 f?C1Z h??c? tlccvyl? 17?5C-) -HONE NO. n \ _ - J,y wnov Tn nC =nrriQKA;;n AT. ADDRE y.. ha k^ DATE OF PLANS !J ?cN, 6,.-i ?20o I ARCHITECT r? Eton of W her y proposb'to fumiSh {fte rttl,?terfa$ a d perform the la¢or necessaryfar t(1,.{?? - ?? °n?t31r k t s"t" t , t x.1C' a -' t ' t1'f` ors:! 1 FB iA'ti h # (i 5ra `•I L ZC 'tklA?y tP Y 4i( O rcr t'?? t`e L ?c t rr'?4o aAr; 2f 'S hg ?4b2 ?i ?o..cc I( . t' T ' Sac.t-V?A\ r?i7 t tt c ?'Q fir ' Ab 4tE 't rc (> I ?1? fi' Sv L rr . eo As n t,AI .F?. ' trx??? ?i Urr r? xl tc? utn2l m4' AToa,.L -L . r t) UXt 1 4 t t L< ?r J2 kr (9 i tl S+ 1v t 5 S. ?O ?5Q_ ' 2 +t t A ?- • '`? fort ( P Title-r ?l ?`o ?a> e. ct mt \ r ,J1L P! ?0.cr 2 .r (et e It?. U -h? Yl Ca.t lc-IY" St7>< emu. rF' f4r?a i'1?? CGY t, r p? ??H? 1 .? oZ - 7,rT" ??-r(?t•E c. A('M?rTt rc??c G fe,inrr• ?[?C MV'f S T (7-a 2-<? 'A CN 11 J ?r i?F ?k C3fi V S 1 trQ? )I a7S All material is guaranteed to be as specified, and the above work to be performed in accordance with the drawings and specifi- ca_tioryssubmitted ffor above work and completed in a substantial workmanlike manner for the sum of U., i ?U2 l ov o 3 Si y ? G?.t rc 1/??• -Dollars ($ 661) ) with payments to be made as follows. t u 5V % % l rh ??1<< -2 6 3GCJ C)/' J? ? Respectfully submitted l Any alteration or deviation tr bove s ons invoNing extra costs -7--) will be executed only upon w??77771II11ttIIlldfffffan order, and will become an extra charge Per? over and above the estimate. Ail agreements contingent upon strikes, ac- cidents. or delays beyond our control. Note -This proposal may be withdrawn by us if not accepted within O days. ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are satisfactory and at eby accepted. You, are authorized to do the work as specified. Payments will be made as outlined above. Signature Date ??'??0 Signature _Al APRIL 5, 2002 JERRY DANYUJK 834 Acri Road Fnola,PA 1'109S Dear Sir: This is in response to our conversation regarding the job done in your residence at #834 Acri Road, Enola, Pennsylvania last December,2001. I acknowledge that certain minor repairs discussed over the phone with you needs attention. With the spring season here and the weather improving, my crew and I can correct and address the problems based on the existing contract you signed and approved last December,2001. Please give us a call at your convenience so we can schedule this repair work. Our office number is (717) 245-2099 and leave a message if I am not available. Thank You. Respectfully, IM. LUCIDON, JR. PARADISE LANDSCAPING R CONSTRUCTION Owner/Manager John Lucidon Page 1 January 16, 2002 January 16, 2002 John Lucidon Paradise Landscaping & Construction 1910 Spring Road Carlisle, PA 17013-1155 Dear John: I wanted to send you a letter noting some of the points we discussed on the phone a week or so ago to be certain we have communicated everything we feel needs to be addressed with regard to the job you just completed for us. I realize you are busy with other jobs, but hopefully this will expedite the changes as soon as you find an opening in your schedule to return to our job. Facing the fence from the street, the top part of the gate does not match the door gate. Not only are the boards a different size, they are nailed in crooked. We would like you to finish the top just as the gate appears in a solid finish. The stone wall isn't what we had requested. If you recall, I originally asked that a stone wall be built that would pyramid down on both sides, where dirt could be added for planting, with the fence above. The manner in which the wall is built does not meet the township's requirements and is already falling apart. As you know, the fence may not exceed the 6- foot mark, unless it rests on a landscaped surface. The top board on the last section toward the creek (part of the original fence) and before the "fan" you built was damaged during construction and should have been replaced. The "fan" at the end of the fence is not stable, is not in straight and the top is not finished properly to appear like the "fan" on the other side. In addition, the boards used as slats don't match in size or color, are spaced too far apart and don't go all the way down, leaving a wide gap at the bottom. On the other side of the fence, the gate you repaired doesn't matched-up evenly and, in time, will begin to sag again. It was our understanding this would be repaired permanently. And finally, the slag-substance used for the sidewalk and for the stone wall was not cleaned up in several grassy areas throughout. John Lucidon Page 2 January 16, 2002 John, it is evident to us you are a perfectionist in your work from the pictures we saw. We would appreciate it if you would correct the areas noted to meet with both yours and our satisfaction. Please feel free to call me to discuss any of these areas you may have concerns about. Otherwise, I look forward to you taking care of these items noted in the near future. Sincerely, e nd Sally Danyluk Exhibit D JERRY DANYLUK 834 Acri Road Mechanicsburg, PA 17055 Plaintiff, V. John M. Lucidon, Jr. 1910 Spring Road Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW : NO. 03-597 CIVIL TERM and Paradise Landscaping and Construction 1910 Spring Road Carlisle, PA 17013 Defendants PLAINTIFF'S MOTION FOR JUDGMENT ON THE PLEADINGS AND NOW, comes Plaintiff, Jerry Danyluk, by and through his attorney, Daniel K. Natirboff, Esquire, and respectfully submits this Motion for Judgment on the Pleadings pursuant to Rule 1034 of the Pennsylvania Rules of Civil Procedure, and in support thereof avers as follows: Plaintiff, Jerry Danyluk ("Danyluk" or "Plaintiff') resides at 834 Acri Road Mechanicsburg, Pennsylvania, 17055. 2. Defendant, John Lucidon, Jr., ("Lucidon") resides at 1910 Spring Road, Carlisle, PA, 17013. 3. On March 13`h Plaintiff served Defendant with a Complaint endorsed with a Notice to Defend in accordance with Pa. R. C. P. 1026. (See Sheriff s Return of Service attached and marked as "Exhibit A." In accordance with Rule 1026 Defendant was to serve a responsive pleading on or before. April 12`h, 2003. 4. On or about April 2, 2002, John Lucidon, Jr., the Pro Se Defendant, served by First Class Mail a document titled "Objections to the Claims". 5. Defendant defective Pleading failed to confDrm to Pa. R. C. P. 1029(a) by: (a) failing to respond to any of the specific averments plead in Plaintiffs Complaint; (b) failing to admit or deny any specific averment; and (c) failing to refer specifically to the paragraph in which the averment admitted or denied is set forth. For example in paragraph 23 of Plaintiffs Complaint Plaintiff pleads the following: "Defendants defective construction has destroyed Plaintiffs already existing cedar wood fencing." Defendant's defective pleading states in paragraph 23: "Plaintiff is fully aware that he was not meeting codes. Defendant mentioned this several times during the job. But Plaintiff said he would take care of this." (Exhibit B). 6. Plaintiff filed Preliminary Objections and a Motion to Strike Defendant's defective pleading on May 19, 2003. Oral Argument was conducted on Plaintiff S Preliminary Objections and at the Oral Argument this Honorable Court strongly suggested that Defendant retain legal counsel in this matter but Defendant has elected not to do so. 8. On October 16, 2003, while Plaintiffs Preliminary Objections were pending, Defendant filed what is titled an "Answer to Complaint" which is attached and incorporated herein by reference as "Exhibit A". Exhibit A. is not endorsed with a Notice to Plead pursuant to Pa. R. C. P. 1026. After the filing of Defendant's "Answer" the pleadings are now closed in this matter pursuant to the Pa. R. C. P. Defendant Pleading at Exhibit C: a) failed to specifically admit or deny any allegations in Plaintiffs Complaint; b) when plaintiff denied any of the allegations in Plaintiff Complaint, Defendant did so in the form of a general denial which has the effect of admitting all of the allegations in Plaintiffs Complaint pursuant to Pa. R. C. P. 1029 (b). 10. By Order of December 9`h, 2003 the Honorable George E. Hoffer, denied Plaintiffs Preliminary Objections "insofar as Defendant can resubmit and ANSWER in accordance with the PRCP." The Court ordered Defendant to resubmit an Answer in accordance and compliance with the PRCP and "to specifically admit or deny each averment in the Complaint in corresponding numbered paragraphs, as provided by the PRCP." 11. Despite being ordered to do so Defendant has not filed any amended pleading in compliance with the PRCP and the Order of December 9', 2003. 12. Now that the pleadings are closed in this matter Plaintiff respectfully moves for Judgment on the Pleadings since Defendant has admitted all allegations in Plaintiff's Complaint. WHEREFORE, Plaintiff respectfully requests that the Honorable Court grant Plaintiff's Motion for Judgment on the Pleadings and enter Judgment for Plaintiff and that this Honorable Court enter an Order as follows: a. Granting judgment for Plaintiff against Defendants in the amount of at least $7,100, plus 6% post judgment interest per annum, or as determined by the Court, exclusive of interest and costs. b. Granting Plaintiff its expenses, including reasonable attorney fees incurred in connection with the action and costs of this action; and c. Granting such other relief as the Court deems appropriate. RESPECTFULLY SUBMITTED: Daniel K. Natirboff, Esq. Supreme Court No. 78594 4138 Wimbledon Drive Harrisburg, FA 17112 (717) 503-3083 Attorney For Plaintiff JERRY DANYLUK 834 Acri Road Mechanicsburg, PA 17055 Plaintiff, V. John M. Lucidon, Jr. 1910 Spring Road Carlisle, PA 17013 : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW NO. 03-597 and Paradise Landscaping and Construction 1910 Spring Road Carlisle, PA 17013 Defendants CERTIFICATE OF SERVICE I, Daniel K. Natirboff, Esquire, hereby certify that I did on this Y April , 2004, serve a true and correct copy of Plaintiff's Motion for Judgment on the Pleadings upon the person(s), and/or their counsel, and in the manner indicated below: Service by First Class U.S. Mail addressed to: John M. Lucidon, Jr. 1910 Spring Road Carlisle, PA 17013 Defendant Paradise Landscaping and Construction c/o John M. Lucidon, Jr 1910 Spring, Road Carlisle, PA. 17013 Defendant Daniel K.1`Iatirboff,'Esq. I Supreme Court No. 78594 4138 Wimbledon Drive Harrisburg„ PA 17112 (717) 503-:3083 Attorney For Plaintiff y' r C. r O 7 riir? rn _.a O ri ?.r -G #15 JERRY DANYLUK V. JOHN M. LUCIDON, JR. And PARADISE LANDSCAPING And CONSTRUCTION IN RE: PLAINTIFF'S MOTION FOR JUDGMENT ON THE PLEADINGS BEFORE J. WESLEY OLER. JR.. GLIDO. JJ. ORDER OF COURT AND NOW, this 29TH day of JUNE, 2004, the Plaintiff's Motion for Judgment on the Pleadings is DENIED. Further, Defendants' Motion for Leave to File an Amended Answer is GRANTED and the amended answer attached to said motion is to be made part of the pleadings in this action. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-0597 CIVIL TERM CIVIL ACTION - LAW Edward E. Guido, J. Daniel Natirboff, Esquire 4138 Wimbledon Drive Harrisburg, Pa. 17112 James I. Nelson, Esquire 19 Brookwood Avenue Carlisle, Pa. 17013 lc4fujo 6.3b. t94 1nnAltc.d, sld ,; -, . -; ;- tri`'a'?'_ 7 ? a?a? „, ,, ?,, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JERRY DANYLUK, Plaintiff Civil Action - Law V. No. 03 - 597 Civil Term JOHN M. LUCIDON, JR., and PARADISE LANDSCAPING AND CONSTRUCTION, Defendants To the Prothonotary: PRAECIPE Please withdraw my appearance for the Defendants. Date: August 19, 2004 To the Prothonotary: HANFT & TIGHT, P.C. Jftfne Nelson, Esquire Atto I.D. No. 91144 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013 (717) 249-5373 Please enter my appearance for the Defendants. Date: August 19, 2004 HANFT & KNIGHT, P.C. Sean M. Shultz, Esquire ?? Attorney I.D. No. 90!146 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013 (717) 249-5373 F:0rFo]&ffm WcAGeod?4842Fwcip.wpd ('_.) fop ' . - .'.1 I 1 ! .': .. V 1 ?. . f' 1 1_.. - T ! '.,..i f: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JERRY DANYLUK, Plaintiff Civil Action - Law V. No. 03 - 597 Civil Term JOHN M. LUCIDON, JR., and PARADISE LANDSCAPING AND CONSTRUCTION, Defendants PETITION FOR RULE TO SHOW CAUSE NOW comes Sean M. Shultz, Esquire, attorney for Defendants, and presents this petition for a rule to show cause, representing as follows: Petitioner is Sean M. Shultz, Esquire, attorney for Defendants, with offices at 11 Roadway Drive, Suite B, Carlisle, Cumberland County, Pennsylvania 17013. 2. Respondents are John M. Lucidon, Jr., an adult individual residing at 1910 Spring Road, Carlisle, Cumberland County, Pennsylvania 17013, Paradise Landscaping and Construction, a sole proprietorship owned and operated by John M. Lucidon, Jr. with its principal place of business at 1910 Spring Road, Carlisle, Cumberland County, Pennsylvania 17013 and Jerry Dauyluk, an adult individual residing at 834 Acri Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Defendant, John M. Lucidon, Jr.'s wife, Rosa Lucidon signed a fee agreement with Petitioner's law firm on June 9, 2004 in regard to legal fees for the above-captioned matter. A copy of the letter is attached hereto as Exhibit "A". 4. Petitioner has represented Defendants in this matter since August 19, 2004. Prior to August 19, 2004 Defendants were represented by another attorney in Petitioner's firm. The parties are presently engaged in a litigation proceeding. In October of 2004, Petitioner was informed by Defendant, John M. Lucidon, Jr. that he had not authorized his wife, Rosa Lucidon to hire Petitioner. Defendants have been unable to pay Petitioner in full for services rendered to them to date. In addition Petitioner wrote a letter to Defendant John M. Lucidon, Jr. on April 29, 2005 asking him if he wishes for Petitioner to continue representing him in this matter and requesting that he respond to Petitioner by May 6, 2005. To date Defendant has not responded to said letter. Petitioner's letter to Defendant is attached hereto as Exhibit "B". 8. Petitioner believes and therefore avers that Defendants have adequate time to find substitute counsel, if necessary, should this Court grant Petitioner's request herein. WHEREFORE, Petitioner requests your Honorable Court to enter a rule upon the Respondents to show cause why Petitioner should not be permitted to withdraw from this case as counsel for Defendants. Sean M. Shultz, Esquire Attorney ID No. 90946 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17013 (717) 249-5373 Petitioner VERIFICATION The foregoing Petition is true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S.A. Section 4044, relating to unswom falsification to authorities. Date: 5 )Z O t 0? Sean M. Shultz Petitioner Exhibit "A" HANFT &_ KNIGHT, P.C. ATTORNEYS & COUNSELLORS AT LAW June 9, 2004 Rosa Lucidon 1910 Spring Road Carlisle, PA 17013 RE: Landscaping Dispute Our File No. 3484.2 Dear Mrs. Lucidon: He WiiuAM A. ADDAMS MICIIACL I . HANFE GREGoav H. KNIGHT JAht BS I. NELSON SPAN M. SHULTZ Please accept this letter to acknowledge that you have engaged us to represent you in the above-referenced dispute. The scope of our representation may change depending upon developments in this matter and further instruction from you. In accordance with the Rules of Professional Conduct applicable to attorneys authorized to practice law in the Commonwealth of Pennsylvania, it is our firm's practice to disclose in writing the manner in which our fees will be determined before or within a reasonable time after our representation is commenced. We trust you will find this letter helpful in explaining the basis and procedure for the billing and payment of fees and disbursements. The enclosed memorandum describes the billing policies that apply generally to our clients and the elements we consider in determining fees. In this instance, the number of hours spent by professional personnel will be the principal basis for the determination of our fee. Currently, my hourly billing rate is $125.00. Please be advised that we accept Visa and Mastercard. keeping with our policy regarding new clients or significant new mattisting clients, we w4 -rcquuz an advance against fees in the amount o lc we will expect to receive before committing any al ti ces to this engagement. We reserve the right to request further advances o ease the am0 dvance as it is exhausted or as maybe warranted by.,de-velopments that indicate a substantial addition itment of time and other ces ??_ j 14 If either our description of the services we are asked to provide or our billing procedures are contrary to your understanding, please advise us in writing, addressed to us at the address listed above, as soon as possible. In the absence of such notification, we will assume that you approve and agree to the above terns of our engagement on your behalf. F:N¢r Fol*e jrm Dx Odl r2i HVJXJSrc. I4.wpd WHEN FXPL 0.EUE AND INTEGRITY MATTER." 19 bRoDKWooD AvFNuF Sul [1 106 CARLULF. PA 17013-9142 717.249.5373 FAX 717.249.0457 WWW.HANFTLA%VHR.Vi.cOM Enclosed please find a copy of this fee letter. If this fee letter is accurate as to your understanding of our engagement, please sign and date page two where indicated and return the copy to us. We look forward to assisting you in this matter, and we appreciate the confidence you have shown in us by permitting us to be of service to you. Very KNIGHT, P.C. '\"-K L1 James Nelson JIN/mmp Enclosure I HAVE READ THE ABOVE RETAINER LETTER AND IT CORRECTLY SETS FORTH MY UNDERSTANDING IN REGARD TO MY FEE ARRANGEMENT AND REPRESENTATION BY HANFT & KNIGHT, P.C. Dated: 'I JANE C Ro a Lucidon F.1Uxf FOWn -U 5%i Wit N4U494-3ra.14wpd HANFT & KNIGHT, P.C. Financial Arrangements with Clients 1. Fees. Many factors are taken into account in billing for our services, including the hourly billing rates of the lawyers and paralegals who work on the matter, the novelty and complexity of the issues involved, the urgency with which the services must be performed, the extent to which an undertaking precludes us from representing other clients and the results achieved. In most instances, the number of hours spent by professional personnel is the principal basis for our fees. For your convenience, we accept Visa and Mastercard. 2. Hourly Billing Rates. Currently, Michael J. Hanft's hourly billing rate is $160.00. Gregory H. Knight's and William A. Addams' hourly billing rate is $150.00. Sean M. Shultz's and James I. Nelson's hourly billing rate is $125.00. Our law clerk's, legal assistant's and paralegal's hourly rate is currently $75.00. The hourly rates are reviewed periodically and may increase or change during the course of our engagement on your behalf. 3. Determination of Final Fee. You may receive interim billings which will be based on the hourly billing rates of attorneys and paralegals involved in the undertaking. Determination of the total final fee will await ultimate conclusion of each matter so that all factors may be considered properly. 4. Disbursements. Most engagements require that certain advances be made on your behalf by us from time to time. Out-of-pocket expenses for travel, toll-calls, filing fees and similar items, and for certain administrative services such as photocopying, telecopy or fax transmissions and receipt, computer assisted research, special delivery and secretarial overtime specifically related to this matter will be separately billed and identified on our statements. As a result of delays in billings to our office, certain disbursements may not be billed by us on the statements on which related services are billed. 5. Periodic Billines. Unless we have made other arrangements, it is ourpolicy to render monthly statements for professional services. Usually, we prepare and mail statements at the end of the month in which substantial services have been rendered and/or disbursements have been incurred. We expect that our statements will be paid upon presentation, but, in any event, within 30 days after you receive the statement. The amounts paid on our interim billings are applied to the total final fee. 6. Administrative Charm. In the event our statements for fees and disbursements are not paid within thirty days after you receive them, we reserve the right to impose a charge at the rate of eighteen percent (18%) per annum on the balance due to help defray the additional cost of carrying and administering a delinquent account. F:\Uxe F010e0Ftrm Dace\C n11RW404W dla Iv lpd 7. Advance Against Fees. In accordance with our policy, we generally require an advance from new clients or with respect to significant new matters for existing clients in an amount appropriate to the engagement. The advance is in the nature of a deposit held by us on account of our continuing investment of time and effort. Even though we may hold an advance, we expect payment periodically as statements are issued for services rendered as reflected by interim billings. We will apply the advance to the final billing. 8. Funds Held in Escrow. During the course of our engagement, we may have occasion to hold funds in escrow on your behalf. We reserve the right to apply funds held in escrow to pay outstanding billings for services and disbursements before remitting the balance to you. 9. Termination. You may terminate this firm's representation in a matter at any time. We have the same right, subject to our professional obligation to give you reasonable notice to arrange for alternative representation. Please do not hesitate to ask us any questions you may have with regard to our billing practices or the nature and extent of our undertaking on your behalf. F Wxi FaWeKI.+n CttAOrnNRryJiW81.3fs lv.wptl Exhibit "B" KNIGHT&ASSOCIATES P.C. Attorneys at Law April 29, 2005 John Lucidon 1910 Spring Road Carlisle, Pennsylvania 17013 Re: Danyluk v. Lucidon, et al. No. 03 - 597 Our File No. 3484.2 Dear Mr. Lucidon: I was recently contacted by opposing counsel in the above-referenced matter. You had previously informed me that you did not wish me to represent you in this matter. Attorney Nelson has advised me that he no longer represents you. Presently, I am counsel of record in this matter. Mr. Natirboff has advised me that his client would like to proceed with all due haste in this litigation. If you wish to be represented by me, you will need to pay the balance due to my firm with an additional $500.00 advance, which comes to $2,866.00. I have enclosed the most recent invoices. If you do not wish me to represent you, you will need to find new counsel. If I do not hear from you that you wish me to represent you in this matter by May 6, 2005,1 will file a motion with the court to remove me as your counsel of record. Very truly yours, SMS(dmh Enclosures F ajsa FalderTirm Wcs\Ga I1r2000484-2jl. I_wpd I 1 Roadway Drive Suite B Carlisle, PA 17013-8806 ¦ 717-249-5373 717-249-0457 fax r» ' -r ^.] L.? r,? "? ?? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JERRY DANYLUK, Plaintiff V. JOHN M. LUCIDON, JR., and PARADISE LANDSCAPING AND CONSTRUCTION, Defendants Civil Action - Law RECEIVED MAY 24 7005 No. 03 - 597 Civil Term ORDER OF COURT NOW, this X day of May, 2005, on petition of Sean M. Shultz, Esquire, a rule is hereby issued upon Defendants, John M. Lucidon, Jr. and Paradise Landscaping and Construction, and Plaintiff, Jerry Danyluk, to show cause why Petitioner should not be permitted to withdraw as counsel for Defendants. Rule returnable OV days after the date of this order. Service to be by certified mail upon Defendant and upon Plaintiff's attorney of record, Daniel Natirboff, J. '0 o?j ? ,'. -? .1 c,. 'i. 1 .. . 16 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JERRY DANYLUK, Civil Action - Law Plaintiff, No. 03-597 Civil Term V. JOHN M. LUCIDON, JR., and PARADISE LANDSCAPING AND CONSTRUCTION, Defendants. PETITION FOR APPOINTMENT OF ARBITRATORS To the Honorable, the Judges of said Court: Capozzi & Associates, P.C., counsel for the Plaintiff in the above action, respectfully represents that: 1. The above captioned action is at issue. 2. The claim of the Plaintiff in the action is $7,100.00, plus interests, attorneys fees, and costs. 3. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: Capozzi & Associates, P.C., attorneys for Plaintiff. Sean M. Shultz, Esquire and Knight & Associates, P.C., previous counsel for Defendants having withdrawn as counsel. WHEREFORE, Plaintiff prays your Honorable Court to appoint three arbitrators to whom this case shall be submitted. Respectfully submitted, DATE: Y/1 ' o'7 CAPOZZI & ASS Cl, j TES, P.C. By: AA-drew R. ise nn, Esquire Attorney ID # 87 2933 North Front Street Harrisburg, PA 17110 (717) 233-4101 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JERRY DANYLUK, Civil Action - Law Plaintiff, No. 03-597 Civil Term vi. JOHN M. LUCIDON, JR., and ; PARADISE LANDSCAPING AND CONSTRUCTION, Defendants. ORDER OF COURT AND NOW, April I I , 2007, in consideration of the foregoing Petition, If Esquirej?j /C . sq &w-4 _ _?!',squ ire, are appointed arbitrators in the above captioned action, as prayed for. !? w By t Court, -- PJ JERRY DANYLUK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA No. 03-597 CIVIL TERM JOHN M. LUCIDON, JR., and CIVIL ACTION - LAW PARADISE LANDSCAPING AND CONSTRUCTION, Defendants I OATH We do solemnly swear or affirm) that we will support, obe and defend the y ( ) y Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties o our office with fidelity. Signature Si ature Signature Henry F. Coyne, Esquire Kathleen K. Shaulis, Esquire Andrew H. Shaw, Esquire Chairman 44 South Hanover Street 200 South Spring Garden Coyne & Coyne, P.C. Carlisle, PA 17013 Suite 11 3 901 Market Street Carlisle, PA 1700 Camp Hill, PA 17011 * I N P5A AWARD # upi 4a We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) We find in favor of the Plaintiff and against the Defendant for the sum of $7,100.00 ulus inter6st and docket costs. I Arbitr tor, dissen s. (l sert name if applicable.) Date of Hearin GG e- 7 g: 7l J -?- Hen F. Coyne, q we r Z-Ail Zoo Date of Award: Awe K. Sha li s ui A/0 Andrew H. Aa , Esquir NOTICE OF ENTRY OF AWARD Now, the day of ( , 2007, at : 101 A .m., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to paid upon appeal: $ 350-100 By: onotary Deputy ¦ WPM AWARD p uV JERRY DANYLUK, Plaintiff V. JOHN M. LUCIDON, JR., and PARADISE LANDSCAPING AND CONSTRUCTION, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA No. 03-597 CIVIL TERM CIVIL ACTION -LAW OATH We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fidelity. Al AAq aeg Chair Date of Hearing: q -7 Date of Award: t g NOTICE OF ENTRY OF AWARD Now, the day of , 2007, at _.m., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: Prothonotary By: Deputy We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) oo ? DO -?1?"- , ?v, f) J por { ro IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JERRY DANYLUK, Plaintiff, V. JOHN M. LUCIDON, JR., and PARADISE LANDSCAPING AND CONSTRUCTION, Defendants. Civil Action - Law No. 03-597 Civil Term PRAECIPE TO SATISFY AWARD OF ARBITRATORS AND DISCONTINUE ACTION TO: THE PROTHONOTARY OF CUMBERLAND COUNTY Please mark the Arbitrator's Award in the above-referenced action as SATISFIED and DISCONTINUE this action. Date: 9Z, -1r Capozzi 8?iates, P.C. Andrew R. Eisemann, Esquire Attorney I.D. No.: 87441 2933 N. Front Street Harrisburg, PA 17110 (717) 233-4101 Attorney for Plaintiff CERTIFICATE OF SERVICE I hereby certify that I have, this date, caused a true and correct copy of the foregoing Praecipe to Satisfy Judgment to be served by U.S. Mail, first class, postage prepaid, addressed to the following: Rosa and John Lucidon 1910 Spring Road Carlisle, PA 17013 Date: ozzi & tes, P.C. Andrew R. Eisemann, Esquire Attorney I.D. No.: 87441 2933 N. Front Street Harrisburg, PA 17110 (717) 233-4101 Attorney for Plaintiff T f rQ S ,