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HomeMy WebLinkAbout07-3460COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of Cumberland NOTICE OF APPEAL FROM I MAGISTERIAL DISTRICT JUDGE JUDGMENT COMMON PLEAS No. O7 - ??/loj] L NOTICE OF APPEAL Fled Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Magisterial District Judge on the date and in the case referenced below. PC & Network Associates, Inc. Smigel, Anderson & Sacks, LLP, 4431 N. Front St. Harrisburg Hon. Charles A. Clement, Jr. PA 17110 DATE OF JUDGMENT IN THE CASE OF (Plaintiff) (uerenaent) 05/24/07 PC & Network Associates, Inc. V. Stone, Lafavar, & Shetlekski CV-0000129-07 This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the Magisterial District Judge, will operate as a SUPERSEDEAS to the judgment for possession in this case. )J 4 was Claimz R.C.P.D.J. No. 1001(6) in action before a Magisterial District Judge, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. Signature of Prothonotary or Deputy PRAECIPE 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.D.J. No. 1001(7) in action before Magisterial District Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appellant or attorney or agent RULE: To appellee(s) Name of appellee(s) (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 MAYBE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: 20 Signature of Prothonotary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-05 C? ? d • _ fV 7 '-y -- CrJ 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 of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas No. , upon the Magisterial District Judge designated therein on (date of service) , 20 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) , on ,20 ?by personal service? by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF 20 Signature of official before whom affidavit was made Title of official My commission expires on , 20 Signature of affiant AOPC 312A - 05 COMMONWEALTH OF PENNSYLVANIA r:nl 1NTY nF• CT1111113'ERI,AND Mag. Dist. No.: 09-1-01 mDJ Name Han. C=ZL=S A. CL MT, JR °otl' 400 DRIDGE 8T OLD! T011J1?E COMMONS -SUITE 3 MW C11=1>gtLAND, Pk Telephone: (717) 774-5989 17070 PC A NET WORE ASSOCIATES INC 10 N RANOV37t ST APT/OTE 101 CA1LI8LE. PA 17013 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF NOTICE OF JUDGMENTITRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS r ? PC a >ILSTMOEtz Associnza INC 19 N HANOVMit ST APT/OTS 101 CARLISLZ, PA 17013 L VS. DEFENDANT; NAME W4 ADDRESS ra rm, s?aa??V>pt aE s?LSTS>:u 414 83LrMZ A'1'REET ZZW CT= RL&=, PA 17070 L J Docket No.: CV-0000129-07 Date Filed: 3/20/07 (Date of Judgrmmt) 5/24/07 0 Judgment was entered for: (Name) PC & M129019 RBSOCIATEB ANC Judgment was entered against. Name) STONE, LAFJLVM a MBEKLRTBKX in the amount of $ 2 • 17.1 El Defendants are jointly and severally liable. Damages will be assessed on Date & Time This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment $ 2.374.64 Judgment Costs $ 142.50 Interest on Judgment $0 Attorney Fees $__ _ DO (Total $ 2,517.14 Post Judgment Credits $__... Post Judgment Costs $ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WrTH THE PROTHONOTARYICLERK 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 MAGISTERIAL DISTRICT JUDGES, IF THE JUDGEMENT 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 MAGISTERIAL DISTRICT JUDGE E. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A AROUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. MAY 2 4 2001 Date , Magisterial DiStriet Ju I certity that this is a true and oorreat copy of the record of the proceedings containing the judgment. Date , Magisterial District Judge My commission expires first Monday of January, 2009 SEAL AOPC 315-06 DJLT= PRINTZDs 5/24/07 9:30:00 AIL CERTIFICATE OF SERVICE I, Darryl J. Liguori, Esquire, attorney for the Plaintiff in the above-captioned matter, certify that I this day served a copy of the foregoing Notice of Appeal from Magisterial District Judge Judgment upon the person(s) indicated below by depositing a copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, and addressed as follows: Stone, LaFaver & Shekletski 414 Bridge Street New Cumberland, PA 17070 Pro Se Defendant Date: 6- 1Z- 0 Darryl J. Liguori, Esquire ID #91715 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorney for Plaintiff SMIGEL, RSON & SACKS, L.L.P. By: n C C-D r ._? fV b ?k pd\ans\pcnetwork-affofservice STONE LAFAVER & SHEKLETSKI BY ELIZABETH B. STONE SUPREME CT. ID.#60251 414 BRIDGE STREET NEW CUMBERLAND, PA 17070 717-774-7435 ATTORNEY FOR DEFENDANT PC & NETWORK ASSOCIATES, INC., Plaintiff V. STONE, LAFAVER, & SHEKLETSKI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007 - 3460 - CIVIL TERM CIVIL ACTION - LAW COMMONWEALTH OF PENNSYLVANIA . SS: COUNTY OF CUMBERLAND I, Elizabeth B. Stone, of Stone LaFaver & Shekletski, attorneys for the defendant hereby certify that I served the Judgement for Non Pros Pursuant to Rule Pa R.C. P.M.D.J. No. 1006 in the above cap- tioned matter on the plaintiff's attorney, Darryl J. Liguori, Esquire, at 4431 North Front Street, 3rd Floor, Harrisburg, Pennsylvania 17110-1778, by United States certified mail, p~ prepaid, delivery, on July 9, 2007, as evidenced by the attached certified mail return B./$tone, Esquire SWORN TO AND SUBSCRIBED before m this day of '2007. Nota u c COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL KATHLEEN KEIM, Notary Public New Cumberland Boro., Cumberland Co. My Commission Expires Dec. 5, 2010 " C r (Domesfic Mail Only ; No Ins urance Coverage Provided) F d li i f i ra or e very n ormatio n vis t o ur websit e at www.usps.coma T ? 0 Postage $ 011 Ln V AA 9 Lr Certified Fee i" t V l O P O Return Receipt Fee (Endorsement Required) ? r O O O Restricted Delivery Fee E z 4l 4 f! r3 ( ndorsement Required) , r-a r- Total Postage & Fees $ t; O t -- - Sent To \. N ba. C3 ....... l u 4-- p Street, Apt. N f%- or PO So,, NA •"? City, Z/P+4 u 0 ¦ Complete items 1, 2, and 3. Also complete ftm 4 If Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. Article Addressed to: 2. Arttcie Nufter 7007 A. Signature ? Addle.... B. Ned by Aln C. Date of DeNwry , =Id+ D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: 0 No 3. 't a Type MCertified Mail 01t)p"ess Mail ? Registered ICJ Return Receipt for Meru 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yee 0710 0005 5044 1096 (f wafer from st VkO bw PS Form 3811, February 2004 Domestic Return Receipt: 1 -WIW p&an%' pcnetwork-affofserv ice STONE LAFAVER & SHEKLETSKI BY ELIZABETH B. STONE SUPREME CT. ID.#60251 414 BRIDGE STREET NEW CUMBERLAND, PA 17070 717-774-7435 ATTORNEY FOR DEFENDANT PC & NETWORK ASSOCIATES, INC., Plaintiff V. STONE, LAFAVER, & SHEKLETSKI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2007 - 3460 - CIVIL TERM CIVIL ACTION - LAW COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : SS: I, Elizabeth B. Stone, of Stone LaFaver & Shekletski, attorneys for the defendant hereby certify that I served the Judgement for Non Pros Pursuant to Rule Pa R.C. P.M.D.J. No. 1006 in the above cap- tioned matter on the plaintiff's attorney, Darryl J. Liguori, Esquire, at 4431 North Front Street, 3rd Floor, Harrisburg, Pennsylvania 17110-1778, by United States certified mail, pca?e prepaid, delivery, on July 9, 2007, as evidenced by the attached certified mail return B., Stone, Esquire SWORN TO AND SUBSCRIBED before in this Ij'K day of AJjA- 2007. Nota u c w COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL KATHLEEN KEIM, Notary Public New Cumberland Boro., Cumberland Co. My Commission Expires Dec. 5, 2010 i U.S. Postal Service,. i I CERTIFIED MAIL,. RE CEIPT [r (Doirrmsfic Mail Only, C overage • . M 1 7t?{ C ? g f D Pcsrage $ In u1 CertitiedFee n V?1Ajgt VVV C3 D Return Receipt Fee ;£edor,erreni Required) PG. D Restricted Delivery Fee Endcrseirent Regw'red) r Iy.9 b D , r? Q r-nal Postage & Fees Ilk I IJ'i 171- i D err To jy o>r trP?eO t, B.oopx tNN o ? r"'?A ?I ¦ Complete items 1, 2, and 3. Also complete A. Signature item 4 if Restricted Delivery is desired. X ?Q p? • ?, 0 Agent ¦ Print your name and address on the reverse / t O Addressee I? so that we can return the card to you. _ B. ed by (Prfn , C. Date of Delivery I+ ¦ Attach this card to the back of the mailpiece, 1 M M- 7M 10.) 0-r-1 or on the front If space permits. D. Is delivery address different from kern 19 ? Yea ?I ZArtlcledressed to: If YES, enter delivery address below: ? No 3. ice Type IN Certified Mail f?ytxpre s Mail ?A S, ?Y? OL ? Registered ff Return Receipt forMarm-'3ndies ` Y U w ?T? 0 Insured mail 0 C.O.D. 4. Restricted DelNeryl(Fxha Feel ? Yee 2 Article Number 70117 0 710 0005 5044 1096 (T?ansfer from service labo PS Form 3811, February 2004 Domestic Return Receipt 102595-02 M-154, ?_, ra ?. s? a ? ? __ c ._, . --a T T ?_ `.__ A r._ . -„ , ?? ? ? "U ? ` _ ?? ? t .. ? :. ? '. aA SMIGEL, ANDERSON & SACKS, L.L.P. River Chase Office Center 4431 North Front Street, and Floor Harrisburg, PA 17110-1778 (717) 234-2401 Peter M. Good, Esquire pgoodQsasllg.com Darryl J. Liguori, Esquire dli oria.sasllg.com Attorneys for Plaintiff f PC & NETWORK ASSOCIATES, INC., IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. STONE, LAFAVER, & SHEKLETSKI, Defendant. DOCKET NO. 07-3460 CIVIL TERM : CIVIL ACTION - LAW PLAINTIFF'S MOTION TO CONSOLIDATE AND NOW COMES Plaintiff PC & Network Associates, Inc. (hereinafter "Plaintiff'), by and through its attorneys, Smigel, Anderson & Sacks L.L.P., who files the following Motion to Consolidate and avers in support as follows: 1. This action commenced when Plaintiff filed a District Judge Complaint against Defendant Stone Lafaver & Shekletski (hereinafter "Defendant") in Magisterial District Court No. 09-1-01 for a breach of contract action. 2. Judgment was entered by the Honorable District Judge Charles A. Clement, Jr. on May 24, 2007. 3. On June 12, 2006, Plaintiff filed a Notice of Appeal with the Cumberland County Office of the Prothonotary and Docket No. 07-3460 Civil was assigned to the action. 4. Thereafter, Plaintiff had twenty (20) days in which to file a Complaint. 5. Plaintiff did file a Complaint on June 18, 2007; however the Complaint was docketed at No. 07-3555 instead of Docket No. 07-3460. } 6. Plaintiff mistakenly sent in a check with the Complaint which led the Cumberland County Prothonotary to believe that the Complaint was a new civil action and not a part of Docket No. 07-3460. 7. Pa. R.C.P. 213 provides that two actions may be consolidated when they involve common questions of law or face or arise from the same transaction or occurrence. 8. Docket Nos. 07-3460 and 07-3555 involve identical parties and questions of law and fact. 9. To avoid unnecessary cost, delay, and confusion, Plaintiff asks this Honorable Court to consolidate the two actions under Docket No. 07-3460 and to discontinue Docket No. 07-3555. 10. No prejudice would result to the Defendant by the granting of this Motion as Defendant is already required to answer the Complaint. 11. No discovery is necessary to resolve this Motion and Plaintiff is not requesting oral argument. WHEREFORE, Plaintiff PC & Network Associates, Inc. respectfully requests that this Honorable Court grant its Motion to Consolidate. Date: July 11, 2007 Respectfully Submitted, SMI DE ON & SACKS, L.L.P. Peter M. Good, Esquire ID #64316 Darryl J. Liguori, Esquire ID #91715 River Chase Office Center, 3rd Floor 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Plaintiff PC & NETWORK ASSOCIATES, INC., Plaintiff, V. STONE, LAFAVER, & SHEKLETSKI, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 07-3460 CIVIL TERM CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Darryl J. Liguori, Esquire, attorney for the Plaintiff in the above-captioned matter, certify that I this day served a copy of the foregoing Plaintiffs Motion to Consolidate upon the person(s) indicated below by depositing a copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, and addressed as follows: Stone, LaFaver & Shekletski 414 Bridge Street New Cumberland, PA 17070 Pro Se Defendant SMIGEL, ANDERSON & SACKS, L.L.P. Date: July 11, 2007 B j y: Peter M. Good, Esquire ID #64316 Darryl J. Liguori, Esquire ID #91715 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Plaintiff ri r-3 n pd\ans\pcnetworkpos.7-03-07 STONE LAFAVER & SHEKLETSKI BY ELIZABETH B. STONE SUPREME CT. ID.#60251 414 BRIDGE STREET NEW CUMBERLAND, PA 17070 717-774-7435 ATTORNEYS FOR DEFENDANT PC & NETWORK ASSOCIATES, INC., Plaintiff, V. STONE, LAFAVER, & SHEKLETSKI, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007 - 3460 - CIVIL TERM CIVIL ACTION - LAW TO THE PROTHONOTARY: JUDGEMENT FOR NON PROS PURSUANT TO RULE Pa R.C.P.M.D.J.N0.1006 AND NOW comes the Defendant, STONE, LAFAVER, SHEKLETSKI, PC, and files the following Judgement for Non Pros and avers the following: 1. Plaintiffs filed an action with the Magistrate District Justice 09-1-01 on March 20, 2007, docketed to CV -000129-07. 2. A hearing was held before Magisterial District Judge Charles A. Clement, Jr., on May 23, 2007. 3. Magisterial District Judge Clement entered judgement in favor of the Plaintiffs, PC & Network Associates, Inc. in the amount of $2,517.14, on May 24, 2007. -1- 11 ww n? 4. The Plaintiffs filed their Notice of Appeal to this judgement with the Cumberland County Prothonotary on June 12, 2007, said appeal docketed at 07-3460 Civil Term. 5. The Plaintiffs have failed to file a Complaint within twenty (20) days to the above docket number after filing their appeal as required by Pa. R.C.P.M.D.J. No. 1004(A). WHEREFORE, Defendants respectfully request that this Honorable Court dismiss Plaintiff's complaint docketed to 07-3555 in its entirety with prejudice and enter a Judgement for Non Pros for failing to file a complaint as required by Pa. R.C.P.M.D.J. No. 1006. STONE LaFAVER & .SHMETSKI By E1 Stone, Esquire L9" Jys 4 Street, P.O. Box E New Cand, PA 17070 Telep(717) 774-7435 Attor or Defenda nt Dated• 971 ('0(o -J -2- CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing document has been served this 6th day of July , 2007, by First Class and Certified, Postage Prepaid, Return Receipt Requested Mail, upon: Darryl J. Liguori, Esquire Smigel, Anderson & Sacks River Chase Office Center 3rd Floor 4431 North Front Street Harrisburg, PA 17110-1778 STONE LAFAVER & BY: ID.#60251 Meys one, Esquire et , PA 17070 7435 69 Defendant 8 C7 ?a r? r-- C, cy. C? t - :34 ?y ¦ pd\ans\pcnetworkpos.7-03-07 STONE LAFAVER & SHEKLETSKI BY ELIZABETH B. STONE SUPREME CT. ID160251 414 BRIDGE STREET NEW CUMBERLAND, PA 17070 717-774-7435 ATTORNEYS FOR DEFENDANT PC & NETWORK ASSOCIATES, INC., Plaintiff, V. STONE, LAFAVER, & SHEKLETSKI, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007 - 3555 - CIVIL TERM NO. 2007 - 3460 - CIVIL TERM CIVIL ACTION - LAW DEFENDANT'S MOTION TO QUASH PLAINTIFF'S MOTION TO CONSOLIDATE AND NOW comes the Defendant, STONE, LAFAVER & SHEKLETSKI, PC, and files the following Motion to Quash in response to Plaintiff's Motion to Consolidate filed by Plaintiff, PC & NETWORK ASSOCIATES, INC., and avers the following: 1. Plaintiff filed an action with the Magisterial District Judge 09-1-01 on March 20, 2007, docketed to CV-000129-07. 2. A hearing was held before Magisterial District Judge Charles A. Clement, Jr., on May 23, 2007. -1- 3. Magisterial District Judge Clement entered judgement in favor of the Plaintiff, PC & Network Associates, Inc. in the amount of $2,517.14, on May 24, 2007. 4. The Plaintiff filed their Notice of Appeal to this judgement with the Cumberland County Prothonotary on June 12, 2007, said appeal docketed at 07-3460 Civil Term. 5. The Plaintiff then filed an identical second Complaint with the Cumberland County Prothonotary on June 18, 2007, to a different number; this one now docketed to 07-3555, Civil Term. 6. The action filed to 07-3555 Civil appears to arise out of the same transaction and occurrence as the prior case docketed to 07-3460, Civil. 7. The Plaintiff failed to file a Complaint from the appeal of docket 07-3460 within the twenty (20) days as required by Pa. R.C.P.M.D.J. Rule 1004(A). 8. The Defendant filed a Motion for Non Pros on July 6, 2007, for failing to file a Complaint in a timely manner. 9. A Judgement for Non Pros Pursuant to Pa.R.C.P.M.D.J. No. 1006 was entered against the Plaintiff on July 6, 2007, to docket#07-3460. 10. The Defendant filed Preliminary Objections to docket#07- 3555, on July 6, 2007, and served the Plaintiff by certified mail on -2- July 9, 2007. An Affidavit of Service was filed in the courthouse on July 12, 2007. 11. Plaintiffs have not filed an answer to Defendant's Preliminary Objections and more than twenty days have elapsed since that date. 12. Plaintiffs, despite having been timely served with Defendant's Motion for Non Pros and Preliminary Objections, filed a Motion to Consolidate the two cases on July 11, 2007. A judgement for Non Pros was entered on the first case, docket #3460, on July 6, 2007. The second case, docket #3555 has pending Preliminary Objections. 13. Plaintiffs have not filed a Petition to Open Judgement. 14. Defendant believes that procedurally the Plaintiff's Motion to Consolidate is not ripe for this Court's review, and has been prematurely placed on the Court's docket for consideration. 15. Defendant believes that the Plaintiff should be precluded from filing any curative filing at this time. The Rules of Civil Procedure serve a purpose by which all attorneys are guided and instructed. 16. Defendant believes that the Court should not permit the Plaintiff to blatantly ignore the Rules of Civil Procedure to their benefit. -3- WHEREFORE, Defendant respectfully requests that this Honorable Court grant Defendant's Motion to Quash Plaintiff's Motion to Consolidate Complaints docketed to 07-3555 and 07-3460 in their entirety with prejudice for all the above stated reasons. By Dated: 2- STONE LAFAVER &'SHEKLETSKI , iz2Brid B. tone, Esquire I.D 1 414 treet, P.O. Box E New and, PA 17070 Tele(717) 774-7435 Atto for Defendant -4- ¦ s pd\mis\1service CERTIFICATE OF SERVICE I, Elizabeth B. Stone, Attorney at Law, of the law firm of Stone Lafaver & Shekletski, attorneys for Defendant Stone Lafaver & Shekletski, PC., hereby certify that on this date I served a true and correct copy of the within instrument on Plaintiff's counsel of record by first class mail, postage prepaid, addressed as follows: PETER M. GOOD, ESQUIRE SMIGEL ANDERSON & SACHS, LLP 4431 N. FRONT STREET HARRISBURG, PA 17110 232 Lincoln Highway DATE: -V? s. r "' c' C Fq- r + ? ?rn Z` .7 PC & NETWORK IN THE COURT OF COMMON PLEAS OF ASSOCIATES, INC. CUMBERLAND COUNTY, PENNSYLVANIA V. STONE, LAFAVER, & NO. 07-3460 CIVIL TERM ? SHEKLETSKI PC & NETWORK IN THE COURT OF COMMON PLEAS OF ASSOCIATES, INC. CUMBERLAND COUNTY, PENNSYLVANIA V. STONE, LAFAVER, & NO. 07-3555 CIVIL TERM SHEKLETSKI ORDER OF COURT AND NOW, this 30TH day of JULY, 2007, a Rule is issued upon the Defendant to Show Cause why the Plaintiff's "Motion to Consolidate" should not be granted. Rule returnable ten (10) days after service. the Court, Edward E. Guido, J. Z1Pet M. Good, Esquire North Front Street Harrisburg, Pa. 17110 tone, LaFaver & Shekletski J 414 Bridge Street New Cumberland, Pa. 17070 :sld VIN' AI'-,SNN3d h o : i ! wv I £ inr coot d8ViONGN? 08d 3Ml 30 PC & NETWORK IN THE COURT OF COMMON PLEAS OF ASSOCIATES, INC. CUMBERLAND COUNTY, PENNSYLVANIA V. STONE, LAFAVER, & NO. 07-3460 CIVIL TERM ? SHEKLETSKI PC & NETWORK IN THE COURT OF COMMON PLEAS OF ASSOCIATES, INC. CUMBERLAND COUNTY, PENNSYLVANIA V. STONE, LAFAVER, & NO. 07-3555 CIVIL TERM SHEKLETSKI ORDER OF COURT AND NOW, this 2ND day of AUGUST, 2007, a Rule is issued upon the Plaintiff to Show Cause why the Defendant's "Motion to Quash" should not be granted. Rule returnable twenty (20) days after service. the Court, Edward E. Guido, J. Peter M. Good, Esquire 4431 North Front Street Harrisburg, Pa. 17110 (?7,0 FOf-J, Elizabeth B. Stone Esquire " Stone, LaFaver & Shekletski 414 Bridge Street New Cumberland, Pa. 17070 :sld ^ w ?? V r w? 1 ??? ???? t VVV (j'ri1.V ?? 3?' ?? r I SMIGEL, ANDERSON & SACKS, L.L.P. River Chase Office Center 4431 North Front Street, 3`d Floor Harrisburg, PA 17110-1778 (717) 234-2401 Peter M. Good, Esquire pgoodn sasllp.com Darryl J. Liguori, Esquire dliguori(7a.sasllp.com Attorneys for Plaintiff PC & NETWORK ASSOCIATES, INC., Plaintiff, V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-3460 CIVIL TERM STONE, LAFAVER, & SHEKLETSKI, Defendant. PC & NETWORK ASSOCIATES, INC., Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. STONE, LAFAVER, & SHEKLETSKI, Defendant. NO. 07-3555 CIVIL TERM PLAINTIFF'S RESPONSE TO DEFENDANT'S MOTION TO QUASH AND NOW COMES Plaintiff PC & Network Associates, Inc., by and through its attorneys, Smigel, Anderson & Sacks L.L.P., to file the following Plaintiffs Response to Defendant's Motion to Quash and avers in support as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Denied. Plaintiff filed a Complaint that was intended to be docketed to 07-3460 Civil Term which was inadvertently assigned a new docket number. 6. Denied. The Complaint docketed at No. 07-3555 Civil Term was intended to be docketed at 04-3460 Civil Term. Plaintiffs pending Motion to Consolidate seeks to remedy this. I r 7. Denied. Plaintiff filed a Complaint on June 18, 2007 which was served on Defendant Stone, LaFaver & Shekletski on the same date. 8. It is admitted that Defendant filed a Motion for Non Pros on or about July 6, 2007. It is denied that Plaintiff failed to file a Complaint within the time required. 9. Admitted. By way of further admission, this was done ex parte without notice by counsel for the Defendant who was well aware that Plaintiff had filed a Complaint in this matter as the Complaint was served on Defendant on June 18, 2007. 10. Admitted. 11. Denied. Plaintiff has not filed a Response to Defendant's Preliminary Objections because Defendant failed to attach a Notice to Plead in violation of the Pennsylvania Rules of Civil Procedure. See Pa. R.C.P. 1026. Furthermore, Defendant filed the Preliminary Objections in bad faith as Defendant was well aware that Plaintiff did in fact file a Complaint within the required time. Finally, Defendant's Preliminary Objections are rendered moot by Plaintiffs pending Motion to Consolidate which, incidentally, Defendant has failed to file a response to. 12. Denied. As discussed, supra, Plaintiffs Motion to Consolidate was filed in good faith to cure the error that occurred when Plaintiffs Complaint was docketed to a new docket number. In contrast, Defendant has so far not responded to Plaintiffs Complaint or the Motion to Consolidate. Defendant's Preliminary Objections are rendered moot by the pending Motion to Consolidate and furthermore by Defendant's failure to attach a Notice to Plead in violation of Pa. R.C.P. 1026. 13. Admitted. 14. Denied. Plaintiffs Motion to Consolidate is ripe for this Honorable Court's review as evidenced by the execution of a Rule to Show Cause on July 30, 2007. By way of 2 I further response, Defendant, as of the date of this Response, has failed to file a Response to Plaintiffs Motion to Consolidate. 15. Denied. The averments of this paragraph contain conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, the averments are specifically denied. 16. Denied. The averments of this paragraph contain conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, the averments are specifically denied. 17. Denied. A Rule to Show Cause was issued on July 30, 2007 which Defendant has failed to respond to as of the date of this Response. 18. Admitted. WHEREFORE, PC & Network Associates respectfully requests that this Honorable Court enter judgment in its favor and against Defendant Stone, LaFaver & Shekletski in the amount of $4,757.36 together with interest, court costs, attorney's fees, and such other relief that this Honorable Court may deem just and reasonable. Respectfully Submitted, SMIGEL, ANDERSON & SACKS, L.L.P. Date: August 8, 2007 ,r's Lv?-. Peter M. Good, Esquire ID #64316 Darryl J. Liguori, Esquire ID #91715 River Chase Office Center, 3`a Floor 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Plaintiff 3 CERTIFICATE OF SERVICE I, Darryl J. Liguori, Esquire, attorney for the Plaintiff in the above-captioned matter, certify that I this day served a copy of the foregoing Response upon the person(s) indicated below by depositing a copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, and addressed as follows: Elizabeth B. Stone, Esquire Stone, LaFaver & Shekletski 414 Bridge Street New Cumberland, PA 17070 Pro Se Defendant Date: August 8, 2007 SMIGEL, ANDERSON & SACKS, L.L.P. By.s?,lr f: Peter M. Good, Esquire ID #64316 Darryl J. Liguori, Esquire ID #91715 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Plaintiff C? ° ?'° ? , ? -?? ' _ -=:; f r CY"` PC & NETWORK IN THE COURT OF COMMON PLEAS OF ASSOCIATES, INC. CUMBERLAND COUNTY, PENNSYLVANIA V. STONE, LAFAVER, & NO. 07-3460 CIVIL TERM SHEKLETSKI PC & NETWORK IN THE COURT OF COMMON PLEAS OF ASSOCIATES, INC. CUMBERLAND COUNTY, PENNSYLVANIA V. STONE, LAFAVER, & NO. 07-3555 CIVIL TERM SHEKLETSKI ORDER OF COURT AND NOW, this 10TH day of AUGUST, 2007, a hearing on "Plaintiff s Motion to Consolidate" and "Defendant's Motion to Quash" is scheduled for TUESDAY, AUGUST 28, 2007, at 3:30 p.m. in Courtroom # 3. Counsel should be prepared to produce and explain the docket entries at each ter M. Good, Esquire 4431 North Front Street Harrisburg, Pa. 17110 .Xizabeth B. Stone, Esquire Stone, LaFaver & Shekletski 414 Bridge Street New Cumberland, Pa. 17070 .? sld Edward E. Guido, J. t PC & NETWORK : IN THE COURT OF COMMON PLEAS OF ASSOCIATES, INC., : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. STONE, LAFAVER & SHEKLETSKI, Defendant NO. 07-3460 CIVIL TERM - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - PC & NETWORK : IN THE COURT OF COMMON PLEAS OF ASSOCIATES, INC., : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. STONE, LAFAVER & SHEKLETSKI, Defendant NO. 07-3555 CIVIL TERM IN RE: PLAINTIFF'S MOTION TO CONSOLIDATE and DEFENDANT'S MOTION TO QUASH ORDER OF COURT AND NOW, this 28th day of August, 2007, it appearing that the complaint at 07-3555 was erroneously docketed there as opposed to at 07-3460, these matters are consolidated to the docket number at 07-3460. The judgment of non pros entered at 07-3460 is opened, and this action shall proceed at that term and number. The preliminary objections filed at 07-3555 are dismissed, and the Defendants are directed to answer the complaint within 20 days of today's date. t-v'arryl J. Liguori, Esquire For the Plaintiff t./lizabeth B. Stone, Esquire J For the Defendant srs Edward E. Guido, J. . 91: I Wd 63 ON LOU ,KdViGNC)Hit ud 3A Jo 3")I-,.Cq-G-I- lI3 SMIGEL, ANDERSON & SACKS, L.L.P. River Chase Office Center 4431 North Front Street, P Floor Harrisburg, PA 17110-1778 (717) 234-2401 Peter M. Good, Esquire pgood(a-)sasllp.com Darryl J. Liguori, Esquire dliguori?sasllp.com Attorneys for Plaintiff PC & NETWORK ASSOCIATES, INC., Plaintiff, V. STONE, LAFAVER, & SHEKLETSKI, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. 011 3-f&0 CIVIL ACTION - LAW PLAINTIFF'S RESPONSE TO DEFENDANT'S NEW MATTER AND COUNTERCLAIM AND NOW COMES Plaintiff PC & Network Associates, Inc., by and through its attorneys, Smigel, Anderson & Sacks L.L.P., and file the following Response to Defendant's New Matter and Counterclaim: 20. This is an incorporation paragraph to which no response is required. 21. Denied. The document Defendant references is a writing which speaks for itself, and therefore Defendant's summaries, conclusions, or characterizations made regarding that writing are specifically denied. In addition, the averments of this paragraph contain conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, the averments are specifically denied. By way of further denial, the statement that the "work was performed in an un-workmanlike and unprofessional manner" is a statement of opinion. Defendant's opinion is based on its perception of network and application behavior, and not on factual measurements of network performance. Had Plaintiff been permitted to address the situation, factual measurements of network performance would have been obtained. 22. Admitted in part and denied in part. It is admitted that it took Plaintiff three months to complete its work; however, this time period was not merely for repair work, but included a three month implementation process. By way of further response, the final invoice included more work than was originally contemplated by the parties in the estimate. These charges were repeatedly outlined for the Defendant in writing. In response to Defendant's allegation that Plaintiff performed in a "shoddy and un-workmanlike manner" and completed "unprofessional work," Plaintiff's response to Paragraph 21 is incorporated herein. 23. Denied. Defendant desired to replace four personal computers that had sustained a mechanical failure. The requirements that Defendant specified to Plaintiff's technician provided a fast and cheap replacement. The replacement computers contained at least the same, if not better, components than the computers that had suffered from mechanical failure. In addition, a feature not requested by Defendant, but a feature provided by the replacement computers at no additional cost, was upgradeability. 24. This is an incorporation paragraph to which no responsive pleading is required. 25. Denied. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the averments of this paragraph and the averments are therefore denied, with strict proof thereof demanded at trial. 26. Denied. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the averments of this paragraph and the averments are therefore denied, with strict proof thereof demanded at trial. 27. Denied. The averments of this paragraph contain conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, the averments are specifically denied. 28. Denied. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the averments of this paragraph and the averments are therefore denied, with strict proof thereof demanded at trial. 29. Denied. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the averments of this paragraph and the averments are therefore denied, with strict proof thereof demanded at trial. 30. Denied. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the averments of this paragraph and the averments are therefore denied, with strict proof thereof demanded at trial. By way of further denial, Plaintiff did not compromise any workstations; four workstations had suffered from mechanical failure, and Plaintiff replaced them. 31. Denied. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the averments of this paragraph and the averments are therefore denied, with strict proof thereof demanded at trial. 32. Denied. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the averments of this paragraph and the averments are therefore denied, with strict proof thereof demanded at trial. By way of further denial, it is not possible for Plaintiff to be the direct cause of the failure of the computers to "boot up" before Plaintiff even worked on them. 33. Denied. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the averments of this paragraph and the averments are therefore denied, with strict proof thereof demanded at trial. By way of further denial, Plaintiff offered to audit Defendant's network in an attempt to profile the applications and hardware on each computer. When the four computers suffered from mechanical failure, there was no way for the technicians to determine what programs had been installed, and when they were then replaced, the technicians were instructed to only install the common software. Had Defendant provided a list of applications to be installed, Plaintiff would have gladly installed those applications. 34. Denied. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the averments of this paragraph and the averments are therefore denied, with strict proof thereof demanded at trial. WHEREFORE, Plaintiff respectfully requests this Honorable Court to dismiss Defendants claims and enter judgment in its favor. Date: 4KI()7 Respectfully Submitted, SMIGEL, ANDERSON & SACKS, L.L.P. ?? ?'d Peter M. Good, Esquire ID #64316 Darryl J. Liguori, Esquire ID #91715 River Chase Office Center, 3rd Floor 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Plaintiff OCT-04-07 07:01 AM PCNAI 7177328144 P.01 VERMC TA ION I, Rick Powell, verify that the statements contained in the foregoing document are true and correct to the best of my knowledge, information and belief,,, I. understand that false statements therein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities. Date:. l g/3/O PckPowell PC & NETWORK ASSOCIATES, INC., Plaintiff, V. STONE, LAFAVER, & SHEKLETSKI, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Peter M. Good, Esquire, attorney for the Plaintiff in the above-captioned matter, certify that I this day served a copy of the foregoing Response to New Matter and Counterclaim upon the person(s) indicated below by depositing a copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, and addressed as follows: Stone, LaFaver & Shekletski 414 Bridge Street New Cumberland, PA 17070 Pro Se Defendant Date: l&/Y/(o 7 SMIGEL, ANDERSON & SACKS, L.L.P. BY: a Peter M. G1-11 W ood, Esquire ID #64316 Darryl J. Liguori, Esquire ID #91715 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Plaintiff t`-3 i r O ,: SMIGEL, ANDERSON & SACKS, L.L.P. River Chase Office Center 4431 North Front Street, P Floor Harrisburg, PA 17110-1778 (717) 234-2401 Peter M. Good, Esquire ggood(@sasllp.com Darryl J. Liguori, Esquire dliguori(a)sasllp.com Attorneys for Plaintiff PC & NETWORK ASSOCIATES, INC., IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-3460 CIVIL TERM STONE, LAFAVER, & SHEKLETSKI, CIVIL ACTION - LAW Defendant. PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Peter M. Good, Esquire, counsel for the Plaintiff in the above-captioned action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the Plaintiff in the action is $4,757.36. The counterclaim of the Defendant in the action is $2,257.38. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: NONE. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully Submitted, Date: 3 ) (D] O? SMIGEL, ANDERSON & SACKS, L.L.P. Peter M. Good, Esquire ID #64316 Darryl J. Liguori, Esquire ID #91715 River Chase Office Center, 3rd Floor 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Plaintiff PC & NETWORK ASSOCIATES, INC., Plaintiff, V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-3460 CIVIL TERM STONE, LAFAVER, & SHEKLETSKI, CIVIL ACTION - LAW Defendant. CERTIFICATE OF SERVICE I, Peter M. Good, Esquire, attorney for the Plaintiff in the above-captioned matter, certify that I this day served a copy of the foregoing Petition to Appoint Arbitrators upon the person(s) indicated below by depositing a copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, and addressed as follows: Stone, LaFaver & Shekletski 414 Bridge Street New Cumberland, PA 17070 Pro Se Defendant Date: -3A(g10';? SMIGEL, AN & SACKS, L.L.P. By: 047 M. Good, Esquire Peter ID #64316 Darryl J. Liguori, Esquire ID #91715 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Plaintiff CIO - skj n Q ' s L -i e .K PC & NETWORK ASSOCIATES, INC., IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-3460 CIVIL TERM STONE, LAFAVER, & SHEKLETSKI, CIVIL ACTION - LAW Defendant. ORDER OF COURT AND NOW, 3 , 2008, in consideration of the foregoing Petition, Esq.,6 Abom "xk- sq., and Esq., are appointed arbitrators in the above-captioned action as prayed for. By the Co P.J. Distribution: Peter M. Good, Esquire, Smigel, Anderson & Sacks, LLP, 4431 N. Front Street, 3rd Floor, Harrisburg, PA 17110, (717) 234-2401 (Attorney for Plaintiff). Stone, LaFaver & Shekletski, 414 Bridge Street, New Cumberland, PA 17070 (717) 774-7435 (Pro Se Defendant). C ) ) COOP tA. SAO` Qe` Leh 1ps 010 ?°i,4 3114 PC & NETWORK ASSOCIATES, INC., COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. STONE, LAFAVER & SHEKLETSKI, DEFENDANTS : 07-3460 CIVIL TERM ORDER OF COURT AND NOW, this -31 day of March, 2008, the appointment of Barbara Sumple-Sullivan, Esquire, to the Board of Arbitrators in therabove-captioned case, IS VACATED. Murrel R. Walters, III, Esquire, is appointed in her place. Ron Turo, Esquire Chairman Murrel R. Walters, III, Esquire Court Administrator sal copes, µ ?I3'08 OCR ?? .. ?-- _ . M°- = ? ? _.? ., ? .• ? - -- }_ _ _ °? " - ?. , ? IJ CJ . T? 1...1 .... rr aK ? ? . ?.? C? :: r? .± ?? ? PC & NETWORK ASSOCIATES, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. STONE, LaFAVER & SHETLESKI, DEFENDANTS 07-3460 CIVIL TERM ORDER OF COURT AND NOW, this R day of April, 2008, the appointment of a Board of Arbitrators in the above-captioned case, IS VACATED. Ron Turo, Esquire, Chairman, shall be paid the sum of $50.00. t on Turo, Esquire Court Administrator :sal l-O?? y rn? l? rs Q K4 ?l (^V U pd\pra\1DISC0NTINUE STONE LAFAVER & SHEKLETSKI BY ELIZABETH B. STONE SUPREME CT. ID.#60251 414 BRIDGE STREET NEW CUMBERLAND, PA 17070 717-774-7435 ATTORNEYS FOR DEFENDANT PC & NETWORK ASSOCIATES, INC., : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2007 - 3460 - CIVIL TERM STONE, LAFAVER, & SHEKLETSKI, CIVIL ACTION - LAW Defendant PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Please mark the above captioned matter discontinued with prejudice. Date: SMIGEL ANDERSON AND SACKS,LLP By: ? 1 Peter M. Good, Esquire Attorneys for Plaintiff r.? ? ? <-° ? <? :u ?'r °?a ? .?+ ?t ??: