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07-3555
PC & NETWORK ASSOCIATES, INC., IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA v. CNIL ACTION NO. ~' ~• -3.5'.3;5 STONE, LAFAVER, & SHEKLETSKI, CIVIL ACTION -LAW Defendant. NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment maybe entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, Pennsylvania (717) 249-3166 PC & NETWORK ASSOCIATES, INC., IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION NO. STONE, LAFAVER, & SHEKLETSKI, CIVIL ACTION -LAW Defendant. AVISO LISTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accibn dentro de los proximos veinte (20) dias despues de la notificaci6n de esta Demand y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accibn como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier soma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. LISTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI LISTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI LISTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, Pennsylvania (717) 249-3166 SMIGEL, ANDERSON & SACKS, L.L.P. Peter M. Good, Esquire River Chase Office Center p~na,sasllp.com 4431 North Front Street, 3'~ Floor Darryl J. Liguori, Esquire Harrisburg, PA 17110-1778 dli¢uoriCg~sasllp.com (717) 234-2401 Attorneys for Plaintiff PC & NETWORK ASSOCIATES, INC., IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION NO. G 7_ 3 S~SS~ ~~~.;~ ~~.-- STONE, LAFAVER, & SHEKLETSKI, CIVIL ACTION -LAW Defendant. COMPLAINT AND NOW COMES Plaintiff PC & Network Associates, Inc., by and through its attorneys, Smigel, Anderson & Sacks L.L.P., who states the following cause of action and, in support thereof, avers as follows: 1. Plaintiff PC & Network Associates, Inc. is a Pennsylvania corporation with a principal place of business at 18 North Hanover Street, Suite 101, Cazlisle, Cumberland County, Pennsylvania 17013. 2. Defendant Stone, LaFaver & Shekletski (hereinafter "Defendant") is a Pennsylvania law firm with an office address of 414 Bridge Street, New Cumberland, Cumberland County, Pennsylvania 17070. Jurisdiction and Venue: 3. This Court has jurisdiction over the parties and subject matter of the instant dispute. 4. Venue is appropriate in Cumberland County, Pennsylvania as it is the county in which the transactions and occurrences took place and it is the County where the parties aze located. Factual Background: 5. PC & Network Associates was hired by Defendant on or about June 2006 to perform certain technology services work, which included the purchase of 4 new personal computers ("PCs") and accompanying software for Defendant's office. 6. The work performed by PC & Network Associates and the technology purchased by Defendant is detailed on a series of 11 invoices sent to Defendant from June 13 until January 24, 2007. The invoices are summarized on the Report entitled Stone, LaFaver & Shekletski Work History, a true and correct copy of which is attached hereto as Exhibit A. 7. The price for the 4 new PCs plus setup charges was $2,374.84. A true and correct copy of the Estimate signed by the Defendant is attached hereto as Exhibit B. 8. In addition to the cost of the PCs, Defendant hired to PC & Network Associates to provide them with, among other things, service calls, a replacement battery, and the installation of new software. The cost for this additional work and technology totals $2,450.08. See Work History Report attached as Exhibit A. 9. PC & Network Associates performed the work and provided the technology and parts as described on Exhibits A and B yet Defendant refuses to pay PC & Network Associates' invoices. 10. In addition, Defendant owes PC & Network Associates $297.20 in finance charges for the months of February 2007 through May 2007 which are assessed pursuant to PC & Network Associates' billing policy. A true and correct copy of the General Billing Policy is attached hereto as Exhibit C. 2 11. The General Billing Policy was provided to Defendant at the time PC & Network Associates was hired and Defendant agreed to its terms which allow PC & Network Associates to recover attorney's fees and collection costs on unpaid invoices. 12. Defendant has been unresponsive to PC & Network Associates' correspondence and attempts to collect the payment due. 13. With credits given by PC & Network Associates, the total amount owed and past due by Defendant is $4,757.36. COUNTI PC & Network Associates, Inc. v. Stone, LaFaver & Shekletski Breach of Contract 14. PC & Network Associates hereby incorporates paragraphs 1 through 13, inclusive, of this Complaint as if fully set forth herein. 15. Defendant had an agreement with PC & Network Associates by which PC & Network Associates would provide technology services, components and parts, and related services to Defendant. 16. Defendant breached that agreement by not paying for the services PC & Network Associates rendered and the components it provided as detailed on the Work History Report attached as Exhibit A, which amount including finance charges totals $4,757.36. 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. 3 COUNT II PC & Network Associates, Inc. v. Stone, LaFaver & Shekletski Uniust Enrichment 14. PC & Network Associates hereby incorporates paragraphs 1 through 13, inclusive, of this Complaint as if fully set forth herein. 15. Defendant received technology services in the form of computer hardware, software, and technical services from PC & Network Associates and Defendant has not provided payment for said services. 16. Defendant would be unjustly enriched if it were permitted to retain the benefit of the services and components that PC & Network Associates provided without compensating PC & Network Associates the amounts that were invoiced to Defendant. 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. Date: to ~ ~ ~ ~ p7 Respectfully Submitted, 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 4 .IlJll-Id-Ot OAo41AM FRQM- T-164 P.OA9/D0o F-D6b X, ~tacbard RT. Powell of PC & Network AB60C1atC.4, Inc. rGttfy that the statements contti~ned is the fot+e~~oing Coimplaint ere true and correct t+c) the best of my knowledge, information aad belie' I understand that felsc statements ibe~'ein are made ,ubject to the penalriea of 16 Pa.C-S. §49Q4, relatist,g to unswom falaificarior- to authori,Uies. 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L. ~ ~ C ~_ ~ ~ O N ~ ~ ~ + ~ N _ O ?~ ~ ~ ~ :~+ _ ~ o ~ O~~ O~° O ~ c~ ~ ~ ~ O (~ Q ~ ~: ~ ~ _ ~ O ~ -p ,C 0 0 0 0 ~ o~S ~ O N~~ N c~ a3 "O ~ ~ ~ O ~ N L > (Q fA ~ V ~ N i ~ ~ E~ ~ N to U O ~ U ,N L = _ Q ~ (p N E 9 (f3 to ~ ~ Q. O ~ z O U~ ~ U~~ j U~= an a s'- ~w ° Q~ L.°Q ate,' ~ o `o c en 3 ~ ~ o ° v7 ~ ', cu ~ ~ ~ ° ° o 0 ~ ~ N p cn ~ N 0 o p • ; N N w. a~ a c r ~ o C V ~ ~ .. t3 ~ V O O ~ ~ ` ~ ~ ~ ° o ~ 3 a i a~ ,~ ° ~; .° ° tq U ° ~ c ~ (B ° ° ~ ~ C c O ~ O U •v ~ O V U ° ~}' U N N U ~ ` ~ ~ ~ fA o ~ > ° a U ~, ~ • N ~ ~ O d. Q. ~ ~ H ~ fC ~ U .~ y O C fl. x a~ N f~~6 a~ rn ° ca a~ 0 m '~ N N N c~ 0 _U O c Q G~-b%~- ~ 04:1338 p.m. 12-01-2006 ~ /2 ~R~......a __...... ._...._. ~_--- ~ ~ .. ...._.. _.. ._..._ z Estimate .,., NC i N~tworN AssoclatM ...~. ~. r~ ~rw~tM TaeAMl~y ll~MwNt Daiio Ertim~ • 12!01108 86BQ1155 Sold To: Stana LaNwt' ~ ShslClvteki Ilhtp To: PC i Network Aspoottdea Inc. David Stone Jlm Dritooll 414 8 8t New Clumbertand, PA 17070 ~8~No101Naraver St ~~ Cartiale, PA 17013 Phone: 717-774-7436 pip; 717.26Q-42D3 Fa7t: 717-774-3889 Faa<: T1T-2~.643A Tartna Rap P.O. NurtlDar St11p Vls ~~ Daaaiptlon .. ____. - - .. -......_.. . r~ Unk~Ptic~ ~~Ph s HP dx2200 nMf7p t01MOr, Pentium 4 51H, 8006 hard ddva TZOD $ATA, ro spy, vv Setup i ooMpuns if estimate is a~p{xovatt-pl ~ ~~ ~n ,~ i rptum to fax are 288~43p, Sign Hare. \ Thank you! Prtoe dues nat Include shippirtp. DNlwr plop, setup 8, oonfg on tlme b materials rate 5481.00 ~1,84a.00 stas.oo ~o.oo SubTOfa) 52.~b4.00 Salsa Tax :»0.84 Shipptnp So.oa Total ... s~,ri4.64 PRICES SUBJECT TO CHANGE DUE TO AVAILA6ILITY -ALL DELIVERY, TRAINING OR CONSULTING SERVICES WILL BE BILLED AT tiOUALY RATI•_S FOR EACH ACTMTY INVOLVED .GENERALLY ALL HARDWARE COMPUTER COMPONENTS PROP08ED ABOVE ARE COVERED 8Y A LIMITEp ONE YEAR WARRANTY, COVERING PART'S AND LABOR ON A DEPOT BASIS - WE SPECIFICALLY DISCWYS ANY AND ALl WARRANTIES, F~(PRESS OR IMPLIEQ, IN(;U/DINO 8UT NOT LIMITED TO ANY IMPLIED WARFiAP1T1E3 Oli WITH REt3AR0 TO ANY LICENSED PROpUCTl3. VdE BHALL NOT 0E LIAYLE FOR ANY LOSS OF PROFITS, BU31NE9S, Ci00D1MLl, DATA, INTERRUPTION OF BUSINE88, NOR FOR INClDENTIAL OR Ct7NSEQUENTW. MERCMMfTABKITY OR FITNESS OF PURP46E, DAI~AAt3ES RELATED 10 THIS AGREEEMENT, f i ,3806 02' 51:58 p. m 1 1-26-2006 2 /2 ,.~ ~ i NMwarlc Associates VI '~.+~. Y~+rrtr w~.r....l sold To: Stone L.afiwr i ShakMlilci David 8tona 414 erldg• Sa New Cumberland, PA 17070 Ut1J1 Ollate: 717-774-T135 Fe><: 717-774d~f~ ~~~~ Estimate ....r... atea ! Eatinw4t11 11/Z9/08 e t38C1163 I tMip To: PC ~ Networtt Aaaocial9es Inc. ,Nrn Ckit1CO11 18 North Hanover $t SUItB 101 GAitsle, PA 17019 Plwrte: 71 T-268.4293 Part: 717-2b8-8439 Terms Rep P.O. Numbtr Ship Via JTOrlaOON '- Ln ~it'"Qty Derscrlption ...... ....__._...._ .. ;... . ~~UnN Prioe (~ Ext, p APC REPLACEMENT l1/1TTERY CART ~.~ SL1I@OISLMSONET/SU70QISUTOONET 2 Labor tArNl the ttilNd at IinNa maarials tall. ~~0 i1t handlMp Is not included. SubTotal StWs Tax Shlppltlg Toth tf e3tlme apps Et! 6 velum to fax at 2~' 830. &IQn Fier: Thank y0u1 Prloe does not IndurN shipping. Deliver prise, setup !1< oonif~ pn ttme b tnWerials rate Stf~2.30 i6~,30 53.14 50.00 5l~8.dt PR+CES SUt3,lECT Tp L'HANGE O~ TO AVAILABILITY -ALL DELNERY,1'RNNING QR CONSULTING 6ERVICES WILL eE @IUFD AT I'IOilRLY R/lTE6 FOR EACH ACTNITY INVOLVtEp -GENERALLY ALL HARDWARE COMPUTER COMPONENTS PROP06ED DOVE ARE COVERED BY A LMAITED ONE YEAR WARRANTY, COVERING PARTS AND LABOR ON A DEPOT 8A51S - WE SPECtFICALl1' DISCWMS AMY ANO ALL WARRANTIES, EXpREgg OR J1,pLIEO, INCLUDING 9lfT NOT LIMITt~ TO ANY MAPLIED WARRAIyTIE3 OR WITH REGAAD TO ANY LICEN8ED PRODUCTS WE l+NALL NOT !lE tJA9LE FOR ANIf LOSS OF PROFITS, BUSINESS, GOOD1Af1LL, DATA, INTERRUPTION OF BUSINESS, NOR FOR INCIOEHTIAL OR CONSEQUEMIN. MBlCHANTABM.ITY OR FITNESS OF PURPOSE, OM+IAtiES RELATED TO THI6 ACREEEMENT. ;f C- ~~~~ .:~ ' ~~` PC & Network Associates, Inc. ~y,~+'f 13 North Haruwcr Strce[. Suito 101 717-258-4293 ; .... ~~ s~ Carlisle, PA 17013 877-IT-ADVICE ?/ -':i `rya `~ 717-258-6439 ' www.PCNAI.com infoi~i?PCNAI.com %a`,a'i February l2, 2007 Stone Lafever & Shekletski 414 Bridge Street New Cumberland, PA 17070 Dear David Stone: You have been contacted several times regarding outstanding invoices you have with my company. I made a credit adjustment to invoice# 200610348 in the amount of $525 to bring this invoice in line with the quote you received and approved from us. There are invoices starting November 2006 that must be paid. Therefore, your account will now be put on credit hold and no further service will be scheduled until this matter is resolved. If you fail to make payment or payment arrangements, by February 15, 2007, 1 will be forced to turn this matter over to a collection agency. A copy of PC & Network Associates, Inc.'s general billing policy is attached to this letter. A statement is also attached along with copies of invoices due. Please contact us to arrange a date for payment. Please make every effort to ensure that we are not forced to take this drastic action. Sincerely, Richard W. Powell President Enclosures: statement 2/12/07, invoice# 200610362, invoice# 200610348, invoice# 200610369, invoice# 200610389, invoice# 200610406, invoice# 200610404 (credit memo), invoice# FC74 p~ -~ PC & Network Associates, Inc. ~,;,''_`~^'~.~",~r~f 18 Nertn Hanovor street, Sutta iJ1 717-2584 93 ..... >„y~l/P~ Garlisle, PA 1701`S 877-IT-ADVICE :q fi.7~iY/' 717-258-5138 i :' ~ vrvw.PCNAI.com info(aPCNALcom `~r:•;; PCNAI General Billing Policy PC & Network Associates, Inc. will send invoices via postal mail to all customers. if you prefer to receive your invoices electronically, contact the billing department for PC & Network Associates, ]nc.. All time, including travel hours, spent on the project by professional, technical, etc.., will be billed. (Travel time is billed at half-houf-ly fees, site to site.) We accept major credit cards, money orders and company checks. Checks and money orders must be payable to PC & Network Associates, lnc.. if a payment is returned by the bank for insufficient funds, an invalid account or if customer places a stop payment on a check, or credit card payment the customers account will be charged a $25.00 returned payment fee. Also the account will be placed on hold until the outstanding payment and administrative fees are paid in full. All credit card payments must have a minimum charge of $100.00. All credit charges are considered valid. If disputed you must submit in writing, email, or by phone to billing depal-tlnent within 30 days of the bill date of those charges. After 30 days no adjustments will be made. Credit will be extended to any client providing a minimwn of two credit references. The lnaximtlln amount of credit extended will be determined by the supplied references along with ongoing account history. Credit may be suspended due to unreliable payment history or past due balances. Leasing options are available to qualified purchases. Ask your sales representative for more information regarding leasing. All invoices for labor and product are Due Upon Receipt. Product will not be delivered until payment is received. • Orders for product only will be prepaid in full. • Product ordered to satisfy a project requil-elnent is as follows: / 50% down payment when order is placed / 25% payment when product is delivered / 25% payment due upon project completion All invoices over 30 days past due will be sent a statement via postal mail and a late payment fee of 1.5% per month will be charged. The account will be placed on credit hold and no work will be scheduled until all outstanding invoices are brought current. At 45 days past due, we will call requesting payment arrangements. At 60 days past due, if no payment or payment arrangement has been made on the overdue balance, the outstanding balance will be immediately referred for collection. All associated fees including attorney's fees, costs and expenses will be charged to the customer. We appreciate your efforts to assist us in maintaining our high level of service and keeping your account in good standing with us. Through establishing an account with PC & Network Associates, lnc., the CUSTOMER indicates acceptance of PC & Network Associates, Inc.'s general billing terms. PC & Network Associates, Inc reserves the right to cancel or deny the CUSTOMER service at any time for a violation of this policy. All billing questions can be directed to info~r pcnai.com q~ • PC & NETWORK ASSOCIATES, INC., IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA v. STONE, LAFAVER, & SHEKLETSKI, Defendant. 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 Complaint 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: ~.t~ l~ l p'j SMIGEL, ANDERSON & SACKS, L.L.P. By: Peter M. Good, quire ID #64316 Darryl J. Liguori, Esquire ID #91715 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Plaintiff ~ ~1 ...a ~~-z -~~ t ~ -i -r rt ~ ~ ~ 1 J ~ . ~ _ .... ~;,~ -- '~ - r, ~ w d _~. ,rte. ~ ~ ~ -_ __. :: i "~ ~_-- `n -<: pd\an=,\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 N0. 2007 - 3555 - CIVIL TERM CIVIL ACTION - LAW PRELIMINARY OBJECTION RAISING PENDENCY OF PRIOR ACTION AND NOW comes the Defendant, STONE, LAFAVER & SHEKLETSKI, PC, and files the following Preliminary Objection in response to a complaint 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. 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. -1- .+~ 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 what appears to be 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 herein has filed a Motion for Non Pros contemporaneous with the filing of this Preliminary Objection wherein Defendant asks the Court to have the appeal docketed to 07-3460 dismissed for failing to file a Complaint in a timely manner. 9. Until such time as the Court rules on Defendant's Motion for Non Pros, there will be two active cases docketed to two numbers that are identical, thus causing confusion and prejudice to the Defendant. -2- r 10. Allowing both cases to remain active would not be in the interests of judicial time and economy, and will cause confusion and prejudice to the Defendant. 11. Defendant avers that it is unfair to allow the Plaintiff to continue on this second case despite failing to follow the Pennsylvania Rules of Civil Procedure. 12. If the Court dismisses the first docketed action on Defendant's Motion for Non Pros for Plaintiff's failing to file a Complaint within the required time period as required by Pa. R.C.P.M.D.J.1004 (A), the Defendant avers that the doctrine of collateral estoppel should apply, and this case should be dismissed. WHEREFORE, Defendant respectfully requests that this Honorable Court grant Defendant's Preliminary Objection Raising Pendency of a Prior Action and dismiss Plaintiff's complaint docketed to 07-3555 in its entirety with prejudice for all the above stated reasons. ,, STONE LAFAVER w'~ SH_~KLETSKI By r abe Stone, Esquire I. # 1 414 Br' g Street, P.O. Box E New C land, PA 17070 Tele e: (717) 774-7435 Att eys for Defendant Dated: ~~ ~~~ -3- i . ~~ 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 & ,$'HEKLETSKI BY: Ali bet S ne, Esquire S rem Cou ID.#60251 14 idge treet New Cumbe and, PA 17070 Phone 7 -774-7435 Fax 71 774-3869 Atto ys for Defendant ~~ ~ ~ t~, ~ -sl ~" ~ ~ G~ -rt r cW__ P_ ° ~ r... 4 "T7 - _j~..~ -,- n " L 7 _ ~ -~ t-n ~~ c.~ ~ 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 - 3555 -CIVIL TERM CIVIL ACTION -LAW ~G~rf 0'7~ Li ~ 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 Preliminary Objection Raising Pendency of Prior Action in the above captioned 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, postage prepaid, delivery, on July 9, 2007, as evidenced by the attached certified mail return receipt. SWORN TO AND SUBSCRIBED before m thic~c.t~~'~ day of 2007. Notary at COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL KATHLEEN KEIM, Notary Public New Cumberland Boro., Cumberland Co. My Commission Expires Dec. 5, 2010 '_ (Domestic Mail Only; No In ~ For delivery information visit c i }r. ~' ~ a .. ~ O Postage i $ f ~~ V'1 Certified Fee a ~ n ~~ t~`~ tIi ° ~c 4 Retum Receipt Fee t , ~ t a i ~' ' O (Endorsement Required) ~ ~ ° ` ~ Restricted Delivery Fee , , ~ r~ ~" ['~- Total Postage & Fees O ~ -~ sent To ` , \ , , { / J . 1 • U o 0 - - - ------------ ----- ---- -------- Street, Apt No.~ N (Endorsement Required) $ f t . ,7 , or PO Box NL.~ ` 1 fllir! Q c ^ Complete items 1, 2, and 3. Also complete Nmrn 4 if Restricted Delivery is desired. ^ Print your name and address on the reverse ao 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: ~ ' ~-Sa~ A. n ^ Aysnt 8. ~ (~ ted~ J'~- t "I ~/ I C. Date of DNlvery '~ D. Is delivery address different from Rem 17 ^ Yes RYES, enter delivery address below: ^ No ~7y~ j` w"!~ 3. ice Type ~ _ l 1 Q~,~ Certified Mall ^~~~ Mail ~~~ ~ • UT 1 ^ Registered ~ Return Receipt for MerchtrtdNs ~~' ©~ ~7(~ ^ Insured Mall ^ C.O.D. ~' ~ ' 1 4. Restricted DelivsrtR (EaKra Fee) ^ Yea 2' ~e"`"'~'°r 7007 0710 0005 5044 1089 (naralbr botrr as-vrlce ~ _ ._ _ Ps Form 3811, Febnwy 2004 Dorrtesdc Return Receipt ta¢se6-0s:-Iw-tis~to ~"? ._4 -r~ ,7 ~.. ... ..r, s -~ ;,~ ~~ ~ ~. L C ~C ~ ~. L 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 pgoodla~sasllp.com Darryl J. Liguori, Esquire dli¢uori@_sasllp.com Attorneys for Plaintiff PC & NETWORK ASSOCIATES, INC., IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA v. STONE, LAFAVER, & SHEKLETSKI, Defendant. DOCKET NO. 07-3555 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 ANDERSON & SACKS, L.L.P. Peter M. Good, Es uire 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 DOCKET NO.07-3555 CIVIL TERM STONE, LAFAVER, & SHEKLETSKI, CIVIL ACTION -LAW Defendant. 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 Date: July 11, 2007 SMIGEL, ANDERSON & SACKS, L.L.P. B ~ • 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 ~~, ~~ :.,, ~". ;11 ~ ' . ~' ~l ~ . ~ ~-'i.:, ii? -'y c ~ _' ~ YF Es= 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 N0. 2007 - 3555 - CIVIL TERM . N0. 2007 - 3460 - CIVIL TERM CIVIL ACTION - LAW DEFENDANT'S MOTION TO DASH 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 :~~~ ~3 1 '~~ STONE LAFA~LE~t ~r`SHEKrLETSKI ~,,.Yiza B. tone, Esquire I.D 602 1 414 Brid e treet, P.0. Box E New Cum e and, PA 17070 Telep (717) 774-7435 Atto n vs for Defendant -4- pd\mis\lservice 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: ~ ° ~ C~. a c ,.._, 1"i - ~t~. ~ ~ ~ . ~__~ ~ ._ ; : t,."' i ~:~ ... C.. Cw? ~~^`~ ~: ~.:. r= C_ ~+ ~ ' gym ~= W . '~`; ~~-- ~ hJ 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, & N0.07-3555 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 Plaintiffs "Motion to Consolidate" should not be granted. Rule returnable ten (10) days after service. y the Court, Edward E. Guido, J. Pet M. Good, Esquire 31 North Front Street Harnsburg, Pa. 17110 I tone, LaFaver & Shekletski V 414 Bridge Street New Cumberland, Pa. 17070 :sld a ~~.~ -~ ~ ~ ~ ~~ c.~- ~- .., ,. , ~ ;~ ~'-, ~, . ..; ~.; :~..; r=-~ ~. `ra • ! ~_j ~ JUL 17 X007 ~ PC & NETWORK ASSOCIATES, INC., IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA v. DOCKET NO. 07-3460 CIVIL TERM STONE, LAFAVER, Bc SHEKLETSKI, CIVIL ACTION -LAW Defendant. ORDER AND NOW, this day of , 2007, upon consideration of Plaintiffs Motion to Consolidate Docket No. 07-3460 and No. 07-3555, it is hereby ORDERED that the actions are consolidated into Docket No. 07-3460. Docket No. 07-3555 is deemed discontinued. Defendant has twenty (20) days from the date of this Order to file a responsive pleading to Plaintiffs Complaint. BY THE COURT: J. Distribution: Peter M. Good, Esquire, Smigel, Anderson & Sacks, LLP, 4431 N. Front Street, Harrisburg, PA 17110 (counsel for Plaintiff). Stone, LaFaver & Shekletski, 414 Bridge Street, New Cumberland, PA 17070 (counsel for Defendant). SMIGEL, ~pERSON & SACKS, L.L.P. ~y~. Ch,se ice Center 4431 North Front Street, 3b Floor Harrisburg, PA 17110-1778 (71?) 234-2401 Peter M. Good, Esquire pg~sasl .com Darryl J. Liguori, Eaqulre dligy~c~sasllp.co~ Attorneys for Plaintiff 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 CNIL 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-O1 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. 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 By: ~ ~ • 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 ~'~~1bA~,~S`~Il~~d ~ 0 ~ 11 t~~ I £ ~€i1t' toDZ A~iONCHla~d 3HI ~C} ~~I~-~C,~l3~1~ SMIGEL, ANDERSON & SACKS LLP ATTORNEYS AT LAW July 11, 2007 Cumberland County Prothontary Cumberland County Courthouse One Courthouse Sqaure Carlisle, PA 17013-3387 DARRYL J. LIGUORI, ESQUIRE PHONE: (717) 234-2401 TOLL FREE: 1-500-822-9767 FACSIMILE (717) 234-3611 EMAIL: dliguoriC~3sasllp.com www.sasllp.com File No. 7485-3-7 Re: PC & Network Associates, Inc. v. Stone, Lafavar, & Sbetlekski Docket No. 07-3460 & 07-3555 Dear Prothonotary: Enclosed find an original and one (1) copy of Plaintiffs Motion to Consolidate in the above-referenced matter. Please file original, time-stamp the remaining copies, and return them to me with the self addressed-stamped envelope. Should you have any questions or concerns regarding this matter, please do not hesitate to contact me. Sincerely, Darryl J. Liguori Enclosures DJL/hed cc: Stone, LaFavar & Shetlekski River Chaae Office Center 3rd Floor 4431 North Front Street Harriabure Pennavlvania 17110-1778 A PENNSYLVANIA LIMITED LIABILITY PARTNERSHIP t PC & NETWORK ASSOCIATES, INC. V. STONE, LAFAVER, & SHEKLETSKI IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.07-3460 CIVIL TERM 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, ward E. Guido, J. Peter M. Good, Esquire 4431 North Front Street Harrisburg, Pa. 17110 Elizabeth B. Stone, Esquire Stone, LaFaver & Shekletski 414 Bridge Street New Cumberland, Pa. 17070 ~~u rn5i~ d~~3~ 7 ~i1 sld ~~~i'd;11,~v~f~`~~ '.1-„ ~~~ ~ Z ~~ ~d E- ~~~ COOZ I~~b'1Gtdvi-Ilg~d ~Kl ~0 ~~E~:~~-t33 ifs ~,~~ ~4~ STONE LAFAVER &SHEKLETSKI ATTORNEYS FOR DEFENDANT BY ELIZABETH B. STONE SUPREME CT. ID.#60251 414 BRIDGE STREET NEW CUMBERLAND, PA 17070 717-774-743 5 PC & NETWORK ASSOCIATES, INC., : IN THE COURT OF COMMON PLEAS OF Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA v, N0.2007 - 3555 -CIVIL TERM NO. 2007 - 3460 -CIVIL TERM STONE, LAFAVER, &SHEKLETSKI, :CIVIL ACTION -LAW Defendant ORDER AND NOW, this day of , 2007, upon consideration of Defendant's Motion to Quash Plaintiff's Motion to Consolidate , it is hereby ORDERED Defendant's Motion is GRANTED. Plaintiffs Motion to Consolidate is hereby QUASHED, that Docket No. 2007 - 3460 and Docket 2007 - 3555 are hereby quashed and both actions are hereby discontinued. BY THE COURT: J. Distribution: Peter M. Good, Esquire, Smigel Anderson and Sacks, LLP, 4431 N. Front Street, Harrisburg, PA 17110 (counsel for Plaintiff) Elizabeth B. Stone, Esquire, Stone Lafaver & Shekletski, 414 Bridge Street, New Cumberland, PA 17070, (counsel for Defendant) ,j 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 DEFENT~NT~ o '~% i~ c_. t r-- rrs ~ ~'; - w u,,~. ~' - .~~- ~~1 - - ~ ~ ~n, o ;~ ' w ~; ~m ~ `~ n __ 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 . N0. 2007 - 3460 - CIVIL TERM CIVIL ACTION - LAW DEFENDANT'S MOTION TO DASH 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. ~'• ~ ~~ ~fi ~ ~S ~ ° '!~ a n ~T~ C~ (`5 o t~ t9 ATE: \ S ~ K.ksb ~l-~']'~_~ _' 1g E(-o /Lc% ~.~ ~r.e ti-P~rS L ~ Lbl.~r~-~ ~Ov ~Db j r~ ,~.,,, ~w16 -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 : C~~„~ =-3' ~-~~ STONE T.nFA~LER fi'r' SHEKrLETSKI ~.Yiza B. tone, Esquire I.D 602 1 414 Brid e treet, P.0. Box E New Cu e and, PA 17070 Telep (717) 774-7435 Atto vs for Defendant -4- it '. pd\mis\lservice 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: SMIGEL, ANDERSON & SACKS, L.L.P. River Chase Office Center 4431 North Front Street, 3~ Floor Harrisburg, PA 17110-1778 (717) 234-2401 PC & NETWORK ASSOCIATES, INC., Plaintiff, v. STONE, LAFAVER, & SHEKLETSKI, Defendant. PC & NETWORK ASSOCIATES, INC., Plaintiff, v. STONE, LAFAVER, & SHEKLETSKI, Defendant. Peter M. Good, Esquire pgoodna}sasllp.com Darryl J. Liguori, Esquire dli orinasasllp.com Attorneys for PiaintijJ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-3460 CNIL TERM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.07-3555 CIVIL TERM / PLAINTIFF'S RESPONSE TO DEFENDANT'S MOTION TO OUASH 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. 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 pane 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 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 Peter M. Good, Esquire ID #64316 Darryl J. Liguori, Esquire ID #91715 River Chase Office Center, 3ra Floor 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Plaintif~ j`~ 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: 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 C7 d ~, o ~~f+ ~ T ~ °'r3 tTi t- `^ [Tti ^C pd\ans\pcnetworkanswertomotiontoconsolidate.8-13-07 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 N0. 2007 - 3555 - CIVIL TERM CIVIL ACTION - LAW DEFENDANT'S ANSWER TO THE RULE TO SHOW CAUSE ISSUED BY THE COURT ON PLAINTIFF'S MOTION TO CONSOLIDATE AND NOW comes the Defendant, STONE, LAFAVER & SHEKLETSKI, PC, and files the following Answer to the Rule to Show Cause issued by the Court on July 31, 2007, on Plaintiff's Motion to Consolidate and files this response to said Rule responding as follows: 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 what appears to be an identical second Complaint by mail, presumably enclosing a check made payable to the Cumberland County Prothonotary on June 18, 2007, opening a new action with a different number; this one now docketed to 07-3555, Civil Term. 6. Defendant asks the Court to take judicial notice that no payment is necessary when the appellant is. the original claimant below. 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). Nothing has been filed to that number since the original filing. 8. The Defendant filed a Motion for Non Pros on July 6, 2007, for failing to file a Complaint in a timely manner. -2- 9. A Judgement for Non Pros Pursuant to Pa.R.C.P.M.D.J. No. 1006 has been entered against the Plaintiff on July 6, 2007, to docket#07-346 10. The Defendant filed Preliminary Objections to docket#07- 3555, on July 6, 2007, and served the Plaintiff by certified mail on 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. l2. 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 to the original docket#07-3460. The Plaintiffs appear to ignore the fact that their original appeal is no longer on the active case list; nor has the Plaintiff asked the Court's permission to re-open this case. 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 -3- 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. 17. Defendant also believes that the Plaintiff should not be rewarded for their procedural mistakes nor be permitted to assign blame that the Prothonotary did anything "inadvertently". 18. Defendant avers that the Plaintiff would not be in this position had they followed the Pennsylvania Rules of Civil Procedure. The Prothonotary is guided by and strictly adheres to the Rules. 19. Defendant avers that it would be greatly prejudiced if it would have to defend a lawsuit not timely filed or properly commenced. 20. Plaintiff would have this Court ignore the very rules that this Court is beholden to enforce and the attorneys practicing before it are bound to follow. 21. Defendant merely asks this Court to enforce the Pennsylvania Rules of Civil Procedure. -4- 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 and dismiss both actions, in their entirety with prejudice, for all the above stated reasons. By Dated:~~ S1- 3 d~.. STONE LAFAVER & SHEKLETSKI ~....., E a h B. Stone, Esquire .~D # 602 414 Bri e Street, P.O. Box E New Cu erland, PA 17070 Tele one: (717) 774-7435 Att neys for Defendant -5- pd\mis\lservice CERTIFICATE OF SERVICE I, Elizabeth B. Stone, Attorney at Law, of the law firm of Stone LaFaver & Shekletski, attorneys for Defendant, 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 and Sacks, LLP 4431 North Front Street Harrisburg, PA 17110 DATE:~y)fi c3 , ~l..yo~ ~ ~~ ~--~ <~ _~ ~ - -t-: --- ^ J G W '. j C} _y ~~ 1 ~ ~_~~ - ? ~Y.w ~ - a ~ tl~ .. ~~ ~ i PC & NETWORK IN THE COURT OF COMMON PLEAS OF ASSOCIATES, INC. :CUMBERLAND COUNTY, PENNSYLVANIA V. STONE, LAFAVER, & N0.07-3460 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 eacl ter M. Good, Esquire 4431 North Front Street Harrisburg, Pa. 17110 ~zabeth B. Stone, Esquire Stone, LaFaver & Shekletski 414 Bridge Street New Cumberland, Pa. 17070 J :sld Edward E. Guido, J. PC & NETWORK IN THE COURT OF COMMON PLEAS OF ASSOCIATES, INC., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. . STONE, LAFAVER & SHEKLETSKI, . Defendant N0. 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 l~ 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. ~rryl J. Liguori, Esquire For .the Plaintiff izabeth B. Stone, Esquire ,~ For the Defendant srs Edward E. Guido, J. 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 N0. 2007 - 3555 - CIVIL TERM CIVIL ACTION - LAW NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this New Matter and Counterclaim and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 Telephone: (717) 249-3166 PC & NETWORK ASSOCIATES, INC., IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA v. N0. 2007 - 3555 - CIVIL TERM STONE, LAFAVER, & SHEKLETSKI, CIVIL ACTION - LAW Defendant NOTICIA Le han demandado a usted en la Corte. Si usted guiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notification. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la Corte en forma escrita sus defensas o sus objectiones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la Corte tomara medidas y puede entrar una Orden contra usted sin previo aviso o notification y por cualquier queja o alivio que es pedido en la petition de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SU PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 Telephone: (717) 249-3166 -2- pd\ans\pcnetworkanswercntrclm.9-12-07 STONE LAFAVER &SHEKLETSKI BY ELIZABETH B. STONE SUPREME CT. ID.~t60251 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 N0. 2007 - 3555 - CIVIL TERM CIVIL ACTION - LAW ANSWER WITH NEW MATTER AND COUNTERCLAIM AND NOW comes the Defendant, STONE, LAFAVER & SHEKLETSKI, PC, and file this Answer with New Matter and Counterclaim to the complaint filed by plaintiff, PC & NETWORK ASSOCIATES, INC., and avers the following: 1. Admitted. 2. Admitted. Jurisdiction and Venue 3. Admitted. 4. Admitted. -1- Factual Background 5. Denied in part and admitted in part. To the extent that the allegations of the corresponding paragraph constitute legal conclusions, the same are deemed to be denied without further response pursuant to the applicable Pennsylvania Rules of Civil Procedure. To the extent that the allegations of the corresponding paragraph constitute factual averments, the same are deemed to be denied due to the fact that after a reasonable investigation, Defendant is without sufficient information or knowledge to form a belief as to the truth or falsity of such allegation and proof is thereof is demanded at time of trial. It is admitted that the Plaintiff performed certain work, it specifically denied that the Plaintiff installed and purchased four (4) new personal computers. Further, the Plaintiff actually bought outdated and identical computers as the ones that Plaintiff insisted were faulty. It is denied that the Defendant needed to buy four (4) computers. It is averred that the Plaintiff determined that is was better to replace rather than repair the four (4) disabled computers still under warranty through Dell Computer. 6. Denied in part and admitted in part. To the extent that the allegations of the corresponding paragraph constitute legal conclusions, the same are deemed to be denied without further response pursuant to the applicable Pennsylvania Rules of Civil Procedure. To the extent that the allegations of the corresponding paragraph -2- constitute factual averments, the same are deemed to be denied due to the fact that after a reasonable investigation, Defendant is without sufficient information or knowledge to form a belief as to the truth or falsity of such allegation and proof is thereof is demanded at time of trial. It is admitted that the Plaintiff submitted eleven invoices from June 13 until January 24, 2007. It is specifically denied that all work and serviced detailed on these invoices was authorized. It is specifically averred that all work was performed in an unsatisfactory and unworkmanlike manner. 7. Admitted. 8. Denied. To the extent that the allegations of the corre- sponding paragraph constitute legal conclusions, the same are deemed to be denied without further response pursuant to the applicable Pennsylvania Rules of Civil Procedure. To the extent that the allega- tions of the corresponding paragraph constitute factual averments, the same are deemed to be denied due to the fact that after a reasonable investigation, Defendant is without sufficient information or knowledge to form a belief as to the truth or falsity of such allega- tion and proof is thereof is demanded at time of trial. 9. Denied. To the extent that the allegations of the corre- sponding paragraph constitute legal conclusions, the same are deemed to be denied without further response pursuant to the applicable Pennsylvania Rules of Civil Procedure. To the extent that the allega- -3- tions of the corresponding paragraph constitute factual averments, the same are deemed to be denied due to the fact that after a reasonable investigation, Defendant is without sufficient information or knowledge to form a belief as to the truth or falsity of such allega- tion and proof is thereof is demanded at time of trial. 10. Denied. To the extent that the allegations of the corre- sponding paragraph constitute legal conclusions, the same are deemed to be denied without further response pursuant to the applicable Pennsylvania Rules of Civil Procedure. To the extent that the allega- tions of the corresponding paragraph constitute factual averments, the same are deemed to be denied due to the fact that after a reasonable investigation, Defendant is without sufficient information or knowledge to form a belief as to the truth or falsity of such allega- tion and proof is thereof is demanded at time of trial. 11. Denied. To the extent that the allegations of the corre- sponding paragraph constitute legal conclusions, the same are deemed to be denied without further response pursuant to the applicable Pennsylvania Rules of Civil Procedure. To the extent that the allega- tions of the corresponding paragraph constitute factual averments, the same are deemed to be denied due to the fact that after a reasonable investigation, Defendant is without sufficient information or knowledge to form a belief as to the truth or falsity of such allega- tion and proof is thereof is demanded at time of trial. -4- 12. Denied. To the extent that the allegations of the corre- sponding paragraph constitute legal conclusions, the same are deemed to be denied without further response pursuant to the applicable Pennsylvania Rules of Civil Procedure. To the extent that the allega- tions of the corresponding paragraph constitute factual averments, the same are deemed to be denied due to the fact that after a reasonable investigation, Defendant is without sufficient information or knowledge to form a belief as to the truth or falsity of such allega- tion and proof is thereof is demanded at time of trial. 13. Denied. To the extent that the allegations of the corre- sponding paragraph constitute legal conclusions, the same are deemed to be denied without further response pursuant to the applicable Pennsylvania Rules of Civil Procedure. To the extent that the allega- tions of the corresponding paragraph constitute factual averments, the same are deemed to be denied due to the fact that after a reasonable investigation, Defendant is without sufficient information or knowledge to form a belief as to the truth or falsity of such allega- tion and proof is thereof is demanded at time of trial. -5- COUNT I PC & NETWORK ASSOCIATES, INC. V STONE LAFAVER & SHEKELETSKI Breach of Contract 14. The answers to Paragraphs 1 through 13 are incorporated herein as fully set forth above. 15. Admitted. 16. Denied. To the extent that the allegations of the corre- sponding paragraph constitute legal conclusions, the same are deemed to be denied without further response pursuant to the applicable Pennsylvania Rules of Civil Procedure. To the extent that the allega- tions of the corresponding paragraph constitute factual averments, the same are deemed to be denied due to the fact that after a reasonable investigation, Defendant is without sufficient information or knowledge to form a belief as to the truth or falsity of such allega- tion and proof is thereof is demanded at time of trial. WHEREFORE, the Defendant respectfully requests that this Court dismiss Plaintiff's complaint with prejudice; costs of suit to be paid by Plaintiff, counsel fees be awarded to Defendant; and such other relief as this Honorable Court deems just and proper. -6- COUNT II PC b NETt~RK ASSOCIATES INC. V. STONE LAFAVER & SHEKhETSKI UNJUST ENRICffi~NT 17. The answers to Paragraphs 1 through 16 of Defendant' Answer are incorporated herein as fully set forth above. 18. Denied. To the extent that the allegations of the corre- sponding paragraph constitute legal conclusions, the same are deemed to be denied without further response pursuant to the applicable Pennsylvania Rules of Civil Procedure. To the extent that the allega- tions of the corresponding paragraph constitute factual averments, the same are deemed to be denied due to the fact that after a reasonable investigation, Defendant is without sufficient information or knowledge to form a belief as to the truth or falsity of such allega- tion and proof is thereof is demanded at time of trial. 19. Denied. To the extent that the allegations of the corre- sponding paragraph constitute legal conclusions, the same are deemed to be denied without further response pursuant to the applicable Pennsylvania Rules of Civil Procedure. To the extent that the allega- tions of the corresponding paragraph constitute factual averments, the same are deemed to be denied due to the fact that after a reasonable investigation, Defendant is without sufficient information or knowledge to form a belief as to the truth or falsity of such allega- tion and proof is thereof is demanded at time of trial. -7- WHEREFORE, the Defendant respectfully request that this Court dismiss Plaintiff's complaint with prejudice; costs of suit to be paid by Plaintiff, counsel fees be awarded to Defendant; and such other relief as this Honorable Court deems just and proper. NEW MATTER 20. The answers to Paragraphs 1 through 19 of Defendant's Answer are incorporated herein as fully set forth above. 21. It is averred that when the Defendant hired the Plaintiff to do the work, the work was performed in an unworkmanlike and unprofessional manner. All work was considered deficient according to the Defendant which was indicated in a letter from the Defendant to the Plaintiff dated February 28, 2007. (Attached hereto is a copy of Defendant's letter to the Plaintiff, dated February 28, 2007, marked as Defendant's Exhibit #1, and made a part of the record herein). 22. It is averred that the Plaintiff stated that all technicians were well qualified and familiar with the installed programs like Defendant's .systems. Plaintiff initially provided a written estimate which was $2374.64. Neither the estimate nor their ability proved true. The ultimate bill was nearly twice the amount originally quoted. The estimated time for repair was two days when in actuality -8- it took nearly three months for the Plaintiff's shoddy and unworkmanlike manner and unprofessional work to be completed. 23. It is averred that upon Plaintiff indicating that they were done with "the Job", the job which was to completely revamp the computer system to better, faster, cheaper, not only did not work better faster or cheaper, but were slower, more expensive and much worse than before the Plaintiff began their alleged "work". COUNTERCLAIM 24. The answers to Paragraphs 1 through 23 of Defendant's Answer and New Matter with Counterclaim are incorporated herein as fully set forth above. 25. Defendant hired CSB Technology Partners, LLC to repair the damage done to Defendant's network computer system on or around February 1, 2007. 26. Defendant is a small law firm that relies exclusively on its computers for all real estate matters, billings, phone messages, and estate practice. 27. As a direct result Plaintiff's work on Defendant's computer system, Defendant suffered a loss of income due to the deficient, shoddy and unworkmanlike manner which caused immeasurable delays in -9- work production; none of which were present prior to their presence, and failed to deliver better, faster and more efficient in their computer system. 28. Defendant contracted with another service CSB Technology Partners, LLC which resolved the Defendant's problems and fixed all damage that the Plaintiff caused in a matter of a few weeks. 29. The Plaintiff caused a direct slow down in Defendant's work place for six weeks. 30. Defendant has nine work stations, four of which were completely compromised during the time frame that Plaintiff performed their unworkmanlike and unprofessional work at Defendant's work place. 31. As a direct result of Plaintiff's attempted correction, one computer station was completely frozen in the senior partner's office. 32. As a direct result of Plaintiff's shoddy work, four of the work stations failed to ~~boot up" correctly before and after the Plaintiff worked on those stations. 33. As a direct result of Plaintiff's unworkmanlike manner, many of the Defendant's existing computer programs were never put back on the individual stations, precluding three of the attorneys access to the master billing system (PCLaw) and the master real estate system (RESPA); two programs vital to the Defendant's business and ultimate livelihood. -10- 34. As a direct result of the repairs done by CSB Technology ,Partners, LLC, it is averred that Defendant's nine work stations are all up and running smoothly absent any of the problems that the Defendant experienced during and after the Plaintiff performed their job in an unworkmanlike and unprofessional manner. WHEREFORE, the Defendant respectfully request that this Court dismiss Plaintiff's complaint with prejudice; find in favor of Defendant's Counterclaim and award the costs of repairs at $2257.38, Order costs of suit to be paid by Plaintiff, counsel fees be awarded to Defendant; and such other relief as this Honorable Court deems just and proper. STONE LAFAVER By Dated : _~t,P ~C-~.~- ~ ~ ~ ~°O zab one, Esquire .D 51 414 ridg St~'reet, P . 0. Box E w Cu r nd, PA 17070 Telep n (717) 774-7435 Att ne s for Defendant -11- VERIFICATION Elizabeth B. Stone, states that she is the Defendant named in the foregoing instrument and that she is acquainted with the facts set forth in the foregoing instrument; that the same are true and correct to the best of her knowledge, information and belief; and that this statement is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Date: fi ~ ~~ ~ Exhibit "1" • R DAVID H. STONE GERALD J. SHEKLETSKI ELIZABETH B. STONE STONE LAFAVEA &SHEKLETSKI ATTORNEYS AT LJ1W 414 BRIDGE STREET POST OFFICE BOX E NEW CUxBEBLAND. PA 17070 www stonelaw net February 28, 2007 Mr. Richard W. Powell PC & Network Associates, Inc. 18 North Hanover Street Suite 101 Carlisle, PA 17013 Dear Mr. Powell, OF COUNSEL CHARLES'H. STONE JON F. LAFAVER TELEPHONE (717) 774-7495 FACSIMILE (7f7)774-956>i I am in receipt of your letter of February 12, 2007, together with enclosures. I intend to withhold payment on the account until our computer issues are resolved. It has become obvious that neither of your technicians were familiar with our principal business software, PCLaw. Comments were made to me and my staff regarding your company's dissatisfaction with our use of this program. I had to reminded Mark on several occasions that it is through PCLaw that we pay our bills. You, personally, were made aware of our use of PCLaw at our first meeting after you took over Jason Bonney's accounts. You have asked for a more specific description of the problems with our network. Since the time your technicians have worked on our network, PCLaw has become unbearably slow. It is impossible to enter time on the "Time Entry" window without the computer screen turning into a blank window. The same is true for the phone message system with PCLaw. I can no longer mark a phone message as "read" without a 6-10 second delay. This problem has only arisen since either Mark or Patrick downloaded or reinstalled something in connection with the new workstations. Similarly, WordPerfect, our principal word processing program, has become unstable on several workstations and periodically either freezes for several minutes or will simply crash. On at least one work station, Outlook has become quite slow when entering data or viewing calendars or when replying or forwarding emails. Furthermore, despite my repeated requests to Mark, the new work stations are still not configured identically. With respect to your outstanding invoices, if I am able to confirm that the hardware that you supplied is not defective, I intend to pay precisely what was quoted to me, to wit, $2,374.64 less any expense necessary restore our network to the same condition it was in prior to your work. The time associated with your technician's learning our system, mileage, and return trips to fix errors caused by them are not my concern. When your technician recommended that I replace rather than repair our downstairs workstations I specifically wanted to know what the costs of the new workstations would be. I then compared the quoted cost with the estimated { r STONE LAFAVEI3 & SHEKLETSKI ATTORNHYS AT LAW $200.00 to $225.00 per workstation to repair the power supply button. I opted for the new workstations based on your price of $566.00 per machine. I certainly would not have chosen the new machines had I known that this number was going to approach $1,100.00 per machine. Finally, your threat to refer this matter to a collection agency falls on deaf ears. Rest assured that the cost to restore our system to the way it was as before your company became involved will greatly exceed what you believe to be owed. I will be in touch with you after we have had an independent consultant review this mess. Very truly yours, STONE LAFAVER & SHEKLETSKI Davi tone DHS/kk CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing document has been served this ~~ day of 4 , 2007, by First Class Mail upon: Peter M. Good, Esquire Smigel Anderson and Sacks, LLP 4431 North Front Street Harrisburg, PA 17110 STONE LAFAVER & SHEKLETSKI BY: Eli eth Stone, Esquire reme rt ID.#60251 414 e Street N mb land, PA 17070 hone 7 -774-7435 Fax 7 -774-3869 Att eys for Defendant °~" cn ~-??, ~ ~~ ~ ~ .... : - ~ r ~. ,.~, , - :~ ~ ~`'~` SMIGEL, ANDERSON & SACKS, L.L.P. River Chase Office Center 4431 North Front Street, 3"" Floor Harrisburg, PA 17110-1778 (717)234-2401 PC & NETWORK ASSOCIATES, INC., Plaintiff, v. STONE, LAFAVER, & SHEKLETSKI, Defendant. Peter M. Good, Esquire ogoodCa~sasllp.com Darryl J. Liguori, Esquire dli~uori~a,sasllp.com Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. 41- ?5 ~s _ 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: ~~~ p Respectfully Submitted, SMIGEL, ANDERSON & SACKS, L.L.P. c~~" l~ Peter M. Good, Esquire ID #64316 Darryl J. Liguori, Esquire ID #91715 River Chase Office Center, 3`d Floor 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Plaintiff ' QCT-04-07 07:01 AM PCNAI r •~ • VERIFIC T~1 ION 7177328144 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 unsworn falsification to authorities. P. 01 Date: ~ 0/3/0 'ck Powell r PC & NETWORK ASSOCIATES, INC., Plaintiff, v. STONE, LAFAVER, & SHEKLETSKI, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. CNIL 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: lam/ ~ (~ SMIGEL, ANDERSON & SACKS, L,L.P. B ~~ 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 ~ n,Y - r- ~ =_> =,:, ~~ ~ ~# i1y "T` µ.- . C__l ~, -, ,' ,. ~~'» ~