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Home My WebLink About07-7657David A. Fitzsimons, Esquire T.D. No. 41722 Trudy E. Fehlinger, Esquire I.D. No. 202753 MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff JOCELYN M. BELANGER and ROBIN IN THE COURT OF COMMON PLEAS OF A. BELANGER, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, v. NO. 2007- 7k,,5 7 ?? CIVIL ACTION - LAW JOSEPH RUDA, t/d/b/a AQUA CLEAR BLUE POOLS and CLEAR BLUE POOLS, Defendant : JURY TRIAL DEMANDED 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 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 Plaintiffs. 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 REDUCE FEE OR NO FEE: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 JOCELYN M. BELANGER and ROBIN A. BELANGER, Plaintiffs, V. JOSEPH RUDA, t/d/b/a AQUA CLEAR BLUE POOLS and CLEAR BLUE POOLS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2007- CIVIL ACTION - LAW JURY TRIAL DEMANDED AVISO PARA DEFENDER USTED HA SIDO DEMANDADO/A EN LA CORTE. Si usted desea defender conta la demands puestas en las siguientes paginas, usted tienen que tomar acci6n dentro veinte (20) di as despu6s que esta Demanda y Aviso es servido, con entrando por escrito una aparencia personalmente o por un abodgado y archivanco por escrito con la Corte sus defenses o obj eciones a las demandas puestas en esta contra usted. Usted es advertido que si falla de hacerlo el case puede proceder sin usted y un jazgamiento puede ser entrado contra usted por la Corte sin mss aviso por cualquier dinero reclamado en la Demanda o por cualquier otro reclamo o alivio solicitado por Demandante. Usted puede perder dinero o propiedad o otros derechos importante para usted. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FUADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 TELEFONO: (717) 249-3166 David A. Fitzsimons, Esquire I.D. No. 41722 Trudy E. Fehlinger, Esquire I.D. No. 202753 MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiffs JOCELYN M. BELANGER and ROBIN IN THE COURT OF COMMON PLEAS OF A. BELANGER, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, V. NO. 2007- CIVIL ACTION - LAW JOSEPH RUDA, t/d/b/a AQUA CLEAR BLUE POOLS and CLEAR BLUE POOLS, Defendant JURY TRIAL DEMANDED COMPLAINT AND NOW, come the Plaintiffs, Jocelyn M. Belanger and Robin A. Belanger, by and through their attorneys, MARTSON, DEARDORFF, WILLIAMS, OTTO, GILROY & FALLER, and respectfully file this Complaint and aver the following: 1. Jocelyn M. Belanger and Robin A. Belanger ("Plaintiffs") are adult individuals residing at 265 Chestnut Drive, Shippensburg, Cumberland County, Pennsylvania, 17257. 2. Joseph Ruda ("Defendant"), is an adult individual residing at 65 Derbyshire Drive, Carlisle, Cumberland County, Pennsylvania, 17013. 3. Defendant solicits business in Cumberland County under the business names "Aqua Clear Blue Pools" and "Clear Blue Pools," with a last known principle place ofbusiness at 555 Craig Road, Carlisle, Cumberland County, Pennsylvania, 17013. 4. On April 5, 2007, Plaintiffs signed a contract with Defendant for the installation of an in-ground swimming pool. A copy of the contract is attached hereto as Exhibit "A." 5. Defendant verbally promised that all construction on Plaintiffs' in-ground pool would be completed by the second week in June 2007. 6. Section I of the contract, entitled "SELLER'S OBLIGATION," expressly provides that the seller "shall completely install the swimming pool materials, equipment and accessories according to this contract." 7. Section I of the contract, entitled "SELLER'S OBLIGATION" further states that "complete installation" includes, "excavation of pool site, remove excess fill, erect panels, supply and level pool base, install liner and fill with water, install inlets and outlet fittings, connect all plumbing lines from pool to filter, assemble pump valves and connect the filter tank, install coping, back fill and rough grade within four feet around pool, test pool water for water circulation and skimmer operation, install accessories according to those purchased under this contract." 8. Under the contract, progress payments totaling $14,750.00 were made by Plaintiffs to Defendant. These payments were made on the following dates, and in the following amounts: a. April 2, 2007 - $2,000.00; b. April 22, 2007 - $6,000.00; C. May 10, 2007 - $6,000.00; d. July 14, 2007 - $750.00. 9. The only work completed under the contract was the excavation of a large hole in the Plaintiffs backyard containing some steel reinforcements. 10. Defendant demanded that progress payments be made beyond the completion level of the contract work, and threatened to cease all work if such payments were not made. 11. On August 29, 2007, an inspector from Commonwealth Code Inspection Services, Inc. posted Plaintiffs property and informed both Plaintiffs and Defendant that the excavation and reinforcement was unfit and that all work must cease until the prior, unfit construction was corrected. 12. After being informed by Commonwealth Code Inspection Services, Inc. that no further work could be done until the prior, unfit construction was corrected, Defendant refused to perform any additional work under the contract, and failed to correct the unfit excavation, leaving Plaintiffs with a potentially dangerous hole in their backyard which Plaintiffs had to themselves secure and make safe with the use of temporary construction fencing. 13. Approximately one week after receiving the aforementioned notice from Commonwealth Code Inspection Services, Plaintiffs requested that Defendant correct the unfit work already performed and finish the pool. COUNTI BREACH OF CONTRACT 14. The allegations contained in paragraphs 1 through 13 are incorporated by reference as though fully set forth herein. 15. Defendant failed to correct the unfit work already performed or to finish the job, prompting Plaintiffs to instruct Defendant that he should provide a full refund of their money and should not return to the job site. 16. Defendant has refused to correct the unfit work, and Plaintiffs must remediate substantial damage to their property, whether or not they choose to retain a new pool contractor. 17. Plaintiffs fulfilled all of their obligations under the contract with Defendant. 18. Defendant is in breach of the parties' agreement, having failed to complete the project, to remit refunds. WHEREFORE, Plaintiffs demand judgment in their favor in the amount of $14,750.00, plus costs, interest, and any other relief this Court deems appropriate. COUNT II FRAUD 19. The allegations contained in paragraphs 1 through 18 are incorporated by reference as though fully set forth herein. 20. Defendant demanded progress payments from Plaintiffs in excess of the payments called for pursuant to the terms of the parties' agreement and threatened to stop work if Plaintiffs failed to make said payments. 21. Plaintiffs made all progress payments demanded by Defendant, and although Defendant accepted Plaintiffs' progress payments, Defendant failed to complete the corresponding work pursuant to the terms of the agreement. 22. At the time Defendant demanded the progress payments from Plaintiffs and threatened to stop work if Plaintiffs failed to make said payments, Defendant had no intention of completing the work called for under the contract. 23. Defendant made knowing misrepresentations, which induced Plaintiffs to act or fail to act with the knowledge, expectation and intent of doing harm to Plaintiffs. 24. Plaintiffs relied upon Defendant's knowing misrepresentations and were damaged as a result. WHEREFORE, Plaintiffs demand judgment in their favor in the amount of $14,750.00, plus costs, interest, reasonable attorney fees and any other relief this Court deems just and reasonable under the circumstances. COUNT III VIOLATION OF UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW 25. The allegations contained in paragraphs 1 through 24 are incorporated by reference as though fully set forth herein. 26. After several months and payments received from Plaintiffs in the amount of $14,750.00, Defendant not only failed to complete more than three of the twelve installation phases outlined in the contract, but failed to complete those three steps in compliance with local codes and ordinances requiring minimal workmanship. 27. In addition to demanding and accepting progress payments totaling $14,750.00, constituting 85% of the full contract price, which substantially excess the level of completion of the contract, Defendant refused Plaintiffs' requests to correct the unfit work already performed and to finish the pool, or in the alternative, to stop work and return all payments made. 28. Under the laws of this Commonwealth, an in-ground swimming pool is an improvement to real property. 29. Defendant's actions under this contract constitute an improvement to Plaintiffs' real property of a nature or quality inferior to or below the standard of that agreed to in the contract, which is a violation of the Pennsylvania Unfair Trade Practices and Consumer Protection Law. 30. Defendant's actions under this contract constitute fraudulent and deceptive conduct which created a likelihood of confusion or misunderstanding, which is a violation of the Pennsylvania Unfair Trade Practices and Consumer Protection Law. 31. As a result of Defendant's violations, Plaintiffs are entitled to excess damages, costs and reasonable attorney fees as this court deems necessary and proper. WHEREFORE, Plaintiffs demand judgment in their favor in an amount exceeding $14,750.00, plus costs, interest, reasonable attorney fees and such other relief this Court deems just and reasonable under the circumstances. MARTSON LAW OFFICES B Y• David . F' zsimons, Esquire I.D. No. 41722 Date: 1a/off d`O Trudy E. Fehlinger, Esquire I.D. No. 202753 MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiffs tai ADDITIONAL TERMS AND CONDITIONS OF THIS AGREEMI±MT 1. SELLER'S OBLIGATION: A. The Seller agrees that he shall completely Install the swimming pool materials, equipment and accessories according to this contract. The following shall constguta complete Installation: excavation of pool site, remove excess fill, erect panels, supply sib level pool base, Install liner and fig with water, Install Inlabr and nutlet rllt!ngs, connect all plumbing lines from pool to filter, assembie pump valves and connect the filter lank, Install coping, back fig and rough grade within four foot around pool, test pool water for water clrculatlon and skimmer operation, install accessories according to prose purchased under this contract. B. If Buyer requests Seller In perform additional work and If Seller Is willing to perform the additional work, the Buyer agrees io pay the Seller for the addlilnnal work as follows: (1) The, Seller's actual cost of subconttact, labor, materials, and equipment; (21 The payroll taxes and Insurance on all labor, (3) Sale- tax ca all mrilenals and equipment; (4) Supervlslon; (5) Twenty-Ilve parceat for Seller's overhead and profit. All monies for additional work shall be due and payable as the work progresses concurrently with the other progress payments. Additional work shall Include but Is not limited to (a) any modification requested by the Buyer; (b) removal or rerouting of subsurface pipes and conduits, such as sprinkler lines, wafer and sewage disposal systems, buried electrical cable, telephone cables, etc., encountered In Installation; (c) work required as a result of nnnapparent or subsudere ground conditions such as ground water, hard pan, shale, rock, or other like material or conditions encountered In Installallnn whlrh requires the use of equipment other than ordinary hand fonts and power excavation equipment such as Vector-type bnrkhnes; (d) any electrical work required. C. WARRANTIES. Seller warrants the installation to be free of defects In workmanship for a period of one year from (nstaltatlon. Th- Seiler makes no other warranty, express or Implied, including without limitation any warranty of merchantability or flfne-s Ivr a particular purpose. Swimming Pont materials, equipment and accessories covered by this agreemnnt carry the manufacturer's warranty only. 11. BUYER'S OBLIGATIONS: A. SECURITY INTEREST Seller retains title to and has a purchase money security interest In the materials, equipment and accessories rovered by this agreement (hereafter -collaforal'). Buyer represents and warrants that the collateral is purchasM and Is to be used primarily lot personal, family or household purposes. Buyer elan agrees that In whatever manner the collateral shall become attached to real estate it shall not become a fixture or part of feat estate but shall be and remain personal property. Buyer shall not offer to sell, transfer, abandon or encumber the collateral or the premises to which some may become attached nor remove the collateral from said premises without the prior consent of the Seller. B. BUYER DEFAULT. Buyer shall be In default upon the happening of any of the following events, (a) noncompliance with or nonperformance of any of the Bayer's obligations or egreemehts Including without limitation the failure to punctually make payments as provided herein, (b) misrepresentation or misstatement In connection with this agrenmeni, (c) substanllel damage, destruction, sale or encumbrance of or to the collateral or the premises to which same may become attached or the making of any levy, selzure or attachment thereof or themon, (d) death or Insolvency of assignment for benefit of creditors by or the rnmmencement of any proceeding under any bankruptcy of Insolvency law by or against Buyer, (e) such a change in the condition nr affairs, financial or otherwise, of the Buyer as In the good faith Judgment of the Sailer Impairs his security or increases his risk. C. SELLER RIGHTS A REMEDIES ON BUYER DEFAULT. Upon default of the Buyer, In addition to any other rights or remedies provided by law, Seller may exercise the rights and remedies of a secured party under the Uniform Commercial Code, including but not limited to the right, without legal process, to enter the premises where ihp coiialeral may be found and repossess some. Should the Buyer, prior to commencement of Installation or If Installation Is not included, then prior to delivery, either nencel this agreement or become unable for any reason to perform same. Seller may at his option recover from the Buyer as liquidated damages his actual costs incurred plus any deposit made hereunder. No waiver by the Seller shag operate as a waiver of any other or suture default. In the event this agreement shall be placed with an attorney for collection. Buyer agrees to pay all costs of collection Including reasonable attorney's fees. D. AnDITIONAL TERMS A CONDITIONS. II Is understood and agreed that the terms and conditions of this agreement which relate solely to Installation shall only apply where Installation Is Included. No waiver or modification shall be effective unless In writing. The terms 'Buyer' and 'Seller' include the heirs, execulors, administrators, successors and assigns of those parties. It more than one Buyer executes this agreement, their undertaking shall be Joint and several. E. The Buyer expressly agrees and consents to provide the Seller with his full cooperation In the carrying out of this contract. The Buyer further agrees that In the event he wishes addillnnai work be done he will sign an extra work order to be paid according to I. B. as outlined above. The Buyer by his signature being on the front side hereby expressly aprons and consents to provide the Seller with Ingress and egress to the pool site and hereby holds the Seller harmless for reasonable damage to any lawn, shrubs and ftnwers for the above said Ingress and egress. The Buyer further hereby expressly agrees not to hinder the progress of the work In any manner Includino but not limited to pprfnrminq any work on the poef while the Seller Is installing his material and equipment, by not interfering In any manner with the workmen of the Seller and by making paymerns punctually as requested by the Seller. V The Buyer hprehy agrepa and understands that the pool that is constructed using the vinyl liner may be punctured and In the event said liner is so punrtured dun in nn f-l? r,t rho !iru4r, ILn Huvrr hprehy expressly waives any claim against the Seller or the manufacturer due to any puncture that might accur dug to no fault of the Seller III. OTHER TERMS AND CONDITIONS: A. GENERALLY. Buyer shall hirnish h,fildinq permit, etectririty, water, additional fill it required, efecirical connpclions And all elpcfrical wnrk. Buyer accepts responsiblIlly regarding these ilsms. H SITU PREPARATION A RESTORATION, Buyer shalt be responsible for site preparation Including removal and/or protection of trees nr other vegetation and removal of pipe lines or other imprnw menls affected by the instal;?tinn and shall bn respnnsible for any landscaping or restoration of the grounds except as expressly stated herein. C. ACCESS TO WORK AREA. Royer shall furnish access to work area and at the request of the Seller shall obtain permission from owners of adjacent properties fnr entry upon their properties in connection with Installation. Buyer accepts responsibility lot claims or damage to existing driveways, lawns, flowers, shruhs, trees or olhgr property by reason of Installation whether they he those of the Buyer or of adjacent property owners. D. POOL LOCATION. Buyer shall Indicate the exact pool location and accepts respom;ibilily for the slip being within his properly lines and clear of set-back lines or any other restdrilons whether by zoning, deed or otherwise. Buyer also represents and wanents that he is the owner of the prnpgny on which Installation is to be madff. E. SUBSURFACE PIPES A CONDUITS. Buyer shall locate sub-surface pipes and conduits such as sprinkler lines, water or sewage disposal systems and buried oleclrical or telephone cables Buyer accepts responsibility for claims or damage by reason of these items being enrountereri In Installation. F NONAPPARENT A SUBSURFACE GROUND CONDITIONS. Buyer accepts responsibility for claims or damage by reason of nnnappetpnl and subsurfaca ground conditions such as ground water, hardpan, shale, rock or other like material encountered in installation. G. UNAVOIDABLE DELAYS. Buyer agrees that delays due to strikes, accidents or other matters beyond me control of the Sellnr shall not rnnsillute a breach by Iho Seller and shall not exrusa the Buyer from performing his obligations or agreements. H. OTHER OBLIGATIONS Buyer accepts responsibility lot claims or damage by reasnn of soil slippage, surface water run-oil, fire, fined, rain, storm, earthquake or other Acts of God or is a result of any acts of the Buyer including without limitation emplyinq of pool other than as In Instructions pmvfded. 1. INDEMNIFICATION. Buyer agrees to indemndy and hold Sailer harmless from any claims or damage by reason of the Buyer's failure in fully perform his obligations and aorpomenta. J. ATTORNEY'S FEES It is hereby expressly agreed and understood that in the event the Buyer does nor pay the Seiler as agreed on the front side nt this agreement, the Buyer will pay all reasonable and necessary attorney's lees and court costs due In nonpavment of the above-said money K. It Is hereby expressly understood that the laws of the Slate of Pennsylvania will be apli icable to this contract. L, The Sellers failure to Insist upon strict performance of any provision of this agreement shall not be deemed to I e a waiver of the Seller's rights or remedies, or a waiver by the Seller of any subsequent default by the Buyer In the performance of or compliance with any of the terms of this agreement. M. This Instrument contains the entire agreement between the parties and there are no representation, understandings, or agreements, oral or written, which ere not Included herein. The Seller's failure to exercise any rights hereunder, or to take any fiction peitmlltied on a breach of the Buyer, shall not be deemed a waiver thereof or of other rights or breaches of a like or different nature. No waiver shelf be effective- unless specifically made In writing, and signed by a duly authorized representative of the party making such waiver. This agreement cannot be changed except by the duly authorized representatives of both parties in writing, N. Periodic payments and/or final payments as outlined on the front side of this contract are to be paid when, in the opinion of the Seller, tha work Is finished or has reached the stage of completion when payment is due. 0. Seller does no landscaping, replacement of grass, sod or other gardening around work area, including filling of ruts caused by the movement of machinery. P. Seller does not remove trees or their remains from buyers property. 0. Sailer Is not responsible for the appearance of red clay around work stiff. R. Setter is not responsible for erosion of soil from beneath decks. II Is the responsihiflty of the buyer to provide sod, gravel, or other retainers to prevent this. S. Seller Is not responsible lot damage to the pool or any stains on decks, diving boards, patios, steps, ladders or liners caused by children, pals, or other forces beyond sellers control. This will Include vandalism during construction, Including the introduction of dirt or other foreign material into pool Seller will be re-Imbursed at the rate of $200.00 per day plus materials for each trip to pool In repair or clean up the resulls of such vandalism. T. Buyer shall not attempt to operate the pump, filter, light, vacuum system or any other function of the pool, Including the diving board until work is darlared comptara by Seiler- Buyer shall he responsible for costs incurred in repairing such damage as might he caused by unauthorized operation of any of thg above mentioned systems by parsons not employed by selfer. U. Minor pattern variations in vinyl liners are commonplace and shall not constitute reason to replace liner. V. The 10% deposit paid by buyer is not refundable once kit has been purchased. W. The concrete deck is not a part of pool and is not guaranteed under any circumstances against cracking or settling. Fnolprints or other marks caused by rms or persons not employed by seller shall be repaired only of buyers expense. X. All dimensions stated regarding pool or concrete deck or walkways, patios, etc. are approximate. Y. Any vandalism or Iholt caused by persons not employed by seller to pool, materials, equipment, tools, or other properly belonging to seller during construction period shall be the responsibility of huyer. Buyer agrees to reimburse seller for damages to any of these Items while on buyers property, what her orcuring during the work tiny or alter working hours. Z. It shall be the responsibility of buyer to kept) people out of pool until work Is declared Complete and pool is fumed river to buyer. Any eddliionai clean-up required due to unauthorized entry into pool shall he paid by buyer at Iho rate of $200 00 per day plus materials. CONTRACT OF SALE - RESIDENTIAL SWIMMING POOL AND ACCESSORIES BUYER ? C' NAME AQUA CLEAR BLUE ]POOLS Carlisle 258-0813 Chambersburg 816-8401 DATE ADDRESS: ?,r? S' V rftk. I l SELLER L k S, <' L ?- ?n cca PHONE NUMBER BUYER agrees to purchase and SELLER agrees to sell the following swimming pool materials, equipment and accessories upon the terms and conditions stated herein. POOL MODEL SIZE lr? C C ?? i'l CLASS' DEPTH FILTER -.)" ?, C- A - ACCESSORIES PHONE NUMBER PRICE g c, _ v; C- Ic1L f c" ' additional concrete, it desired will be billed at TOTAL per sq. foot Z 6 TAX er. c'' 0 0 ' INSTALLATION TERMS E DEPOSIT ............................................... f ..... ?..k `TOTAL KIT DELIVERY .......................................... trra:.. ice, . ?..c....L:.?.?44ac r. r/ DEPO`: WALL PLACEMENT ................................. .(... ........ ...?:.?........ ..40%7?/C?' ?` ? :-?? COMPLETION ............................................. (.L;.?:c::..C. '....,. 10% .` j C? INSTALLATIO (IS) j (IS NOT) INCLUOfD f ire e' C NO INSTALLATION TERMS NSTALLATION SITE Deposit - On Signing Balance - On Delivery 3UYER ACKNOWLEDGES THAT HE HAS READ AND. UNDER$TAIVS THE. TERMS... AND GQNDITIQNS OF THIS AGREEMENT NCLUDING THOSE WHICH FOLLOW THk4IGNATURES.ON,TNE,REYf R$E $IDEi . CLASS I - These pools are designed to- conform with `the N S:P.I: conligyrallon°In effect January 1, 1972. Diving equipment cannot to used with these pools. CLASS If and ABOVE - These pools are -designed to conform with N.S.P.I. configuration In effect January 1, 1972, for use with diving iquiprrlent. ELtEHi r BUYER 'NOTE: Buyer is responsiulq,lor..tatirlg oflhe pool wNch in4luaes water and water dolivory, Buyer is responsible for electrical hook up of light and pump;: BUYER If we strike sub-surface water, rock, or sink hole, buyer Is responsible for cost of labor and materials-involved in.controlling the water, for removal of rock, for repair or moving of pool site. INER PATTERN art , v-1 c r ! ? N?_ VERIFICATION The foregoing Complaint is based upon information which has been gathered by our counsel in the preparation of the lawsuit. The language of the document is that of counsel and not our own. We have read the document and to the extent that it is based upon information which we have given to our counsel, it is true and correct to the best of our knowledge, information and belief. To the extent that the content of the document is that of counsel, we have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities, which provides that if we make knowingly false averments, we may be subject to criminal penalties. J el M. Belange 9&. ;? &LWC:= Robin A. Belanger C-; x.1 -4 c 1 7 SHERIFF'S RETURN - REGULAR CASe? Nu'' 2007-07657 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BELANGER JOCELYN M ET AL VS RUDA JOSEPH TDBA AQUA CLEAR STEPHEN BENDER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon QTTfln .7r1QTP pu `PTIRA Ar)TTA C .-P.AR RT TTR P n n T S the DEFENDANT , at 1505:00 HOURS, on the 27th day of December , 2007 at 65 DERBYSHIRE DRIVE CARLISLE, PA 17013 by handing to JOSEPH RUDA a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 4.80 Postage .58 Surcharge 10.00 I 00 3?1r.?/C r? ? 3 3 . 3 8 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 12/28/2007 MARTSON LAW OFFICES By: Deputy Sheriff A. D. SHERIFF'S RETURN - REGULAR CA5-E 1?0': 2007-07657 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BELANGER JOCELYN M ET AL VS RUDA JOSEPH TDBA AQUA CLEAR STEPHEN BENDER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon r''T.-PLP RT,TT7 TDr)nT,.4 the DEFENDANT , at 1505:00 HOURS, on the 27th day of December , 2007 at 65 DERBYSHIRE DRIVE CARLISLE, PA 17013 by handing to ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE So Answers: and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 ,- . 0 0 1/6,61'S w/ 16 00 Sworn and Subscibed to before me this day of , together with 0 R. Thomas Kline 12/28/2007 MARTSON LAW OFFICES By: Deputy Sheriff A. D. David A. Fitzsimons, Esquire I.D. No. 41722 Trudy E. Fehlinger, Esquire I.D. No. 202753 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiffs JOCELYN M. BELANGER and ROBIN A. BELANGER, Plaintiffs, V. JOSEPH RUDA, t/d/b/a AQUA CLEAR BLUE POOLS and CLEAR BLUE POOLS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-7657 : CIVIL ACTION - LAW : JURY TRIAL DEMANDED NOTICE OF ENTRY OF DEFAULT JUDGMENT TO: JOSEPH RUDA, t/d/b/a AQUA CLEAR BLUE POOLS and CLEAR BLUE POOLS, DEFENDANT You are hereby notified that on [? /'? , 2008, the following Judgment was entered against you in the above-captioned case in favor of Plaintiffs in an amount exceeding $14,750.00, plus statutory interest, costs, attorney's fees, punitive damages, and such other relief as the Court deems just and reasonable under the circumstances as prayed for in the Complaint for your failure to file an answer to the Complaint. Date: February , 2008 i a Ile. Prothonotary VN I hereby certify that the name and address of the proper person to receive this notice under Pa.R.Civ.P. 236 is: Mr. Joseph Ruda 65 Derbyshire Drive Carlisle, PA 17013 and Mr. Joseph Ruda Cumberland County Prison 1101 Claremont Road Carlisle, PA 17013 MARTSON LAW OFFICES By s i David A. Fit s' ons, Esquire I.D. No. 41722 Trudy E. Fehlinger, Esquire I.D. No. 202753 MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: February 12, 2008 Attorneys for Plaintiffs F: \FILES\12773.1. pmecipe. defaultsevised David A. Fitzsimons, Esquire I.D. No. 41722 Trudy E. Fehlinger, Esquire I.D. No. 202753 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiffs JOCELYN M. BELANGER and ROBIN IN THE COURT OF COMMON PLEAS OF A. BELANGER, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, V. NO. 2007-7657 CIVIL ACTION - LAW JOSEPH RUDA, t/d/b/a AQUA CLEAR BLUE POOLS and CLEAR BLUE POOLS, Defendant JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Enter default judgment in the above-captioned action in favor of Plaintiffs and against Defendant Joseph Ruda, t/d/b/a Aqua Clear Blue Pools and Clear Blue Pools in an amount exceeding $14,750.00, plus statutory interest, costs, attorney's fees, punitive damages, and such other relief as the Court deems just and reasonable under the circumstances as prayed for in the Complaint for Defendant's failure to file an answer to the Complaint. I do hereby certify that a written notice of intention to file this Praecipe (in the form attached hereto) was mailed to the Defendant at the address indicated thereon on January 18, 2008 and January 28, 2008, which dates were subsequent to the date default occurred and at least ten days prior to the date of this Praecipe. MARTSON LAW OFFICES By , Z? David A. zsimons, Esqui I.D. No. 41722 Trudy E. Fehlinger, Esquire I.D. No. 202753 MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: February 12, 2008 Attorneys for Plaintiffs MA'PTSON LAW OFFICES 1'.) I-,. \? Iii(. i Si i.r C, 'm i, l I, Ili \\;Ol.'\ \\i.\ l Ill,i T l t r i-\r -1" t3-.; i.kl F.vrannLl ,-I-) 243-Iti50 Iy?n :Iyi_r ?a?l?u.ltvart??m1.Iv.?.cr>m WILLIAA1 I". MARTSON 1I,Ia\ B. Ft,w..I?R III D:k\nti. K. DFARDORFP Tiitim.?S ). W,u-L\>IS` I\oVOrroIII Fit RI RT K GILRO-1 GICIIRGE B. FALLFR JR.* 'BOARD CERI'MI D:kt'ID A. FITZ.SIMONS CHRIST(\PHFR E. RICL. ?;.\\IFI.R L SPF_\RS SI T71 T. \II>>I Bi r TRCDY F,. D HI L\GI R D CIVIL fRLAL SPECIALIST January 18, 2008 Mr. Joseph Ruda 65 Derbyshire Drive Carlisle, PA 17013 RE: Jocelyn M. Belanger and Robin A. Belanger v. Joseph Ruda t/d/b/a AQUA Clear Blue Pools and Clear Blue Pools No. 2007-7657- Cumberland County C.C.P. Our File No. 12773.1 Dear Mr. Ruda: Enclosed please find a Notice of Intention to File Praecipe for Entry of Default Judgment. Damages will be assessed against you in the amount shown in the Complaint unless you enter a written appearance personally or by attorney and file in writing with the Court your defenses or objections to the claims set forth against you within ten (10) days of the date of this letter. This is an attempt to collect a debt. Very truly yours, MARTSON LAW OFFICES Trudy E. Fehlinger TEF/tde Enclosure F\FILFS\Clients\1^"S Btlanp.erl' 7 I jr2 I1 FORNIATIO V • ADVICE • ADVOCACY '`" l F FILE$\C1xms%1'773'.I ^T L I Oda?nocce ,,pd\tde David A. Fitzsimons, Esquire I.D. No. 41722 Trudy E. Fehlinger, Esquire I.D. No. 202753 MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiffs JOCELYN M. BELANGER and ROBIN IN THE COURT OF COMMON PLEAS OF A. BELANGER, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, V. NO. 2007-7657 CIVIL ACTION - LAW JOSEPH RUDA, t/d/b/a AQUA CLEAR BLUE POOLS and CLEAR BLUE POOLS, Defendant JURY TRIAL DEMANDED Date of Notice: January 18, 2008 IMPORTANT NOTICE TO: JOSEPH RUDA, t/d/b/a AQUA CLEAR BLUE POOLS and CLEAR BLUE POOLS, PRO SE DEFENDANT YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. f 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 Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone:(717) 249-3166 Respectfully submitted, MAR SON// LAW OFFICES: avid A jAzsimons, Esquir I.D. No. 41722 Trudy E. Fehlinger, Esquire I.D. No. 202753 MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Dated: January 18, 2008 Attorneys for Plaintiffs t ? CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Ivlartson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Notice of Intent to Enter Default Judgment was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Mr. Joseph Ruda 65 Derbyshire Drive Carlisle, PA 17013 MARTSON LAW OFFICES Y: riD. Eckenroad- Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: January 18, 2008 s t , , MARTSON, LAW OFFICES ili ENS; I lik,n J?IRI i;F C-tl1t.:>l I, Pi v\i.? 1-013 Ti !If'M?y1 'I 3i4I F.u:!yln.r -I-) 2I3-1,{50 I?'rl av r ?\\c?t.marn?mia\a.a>m %Viui.A\I E NkRTsu\, joiiN B. Fo\CI.ER Ill D:\XIE.I. K. DE.\R cRFF T1 io\L\S I. Wil.l.l.uls ` Iyc) V Cerro Ill HL BERT X. GILROY GEORGE B. F.U-uE R IR.* 'BOARD CLRIM] D:\\ ID A. L71 ZS1MONS CHRISTO PHI-.R E. RICE. 11.NN11 i R L. SPL\RS Si TH T. \Io,?i E\L1 TRL DT E. R 111_IX0I R Km!. 1. L) CIVIL TRUL SPICUL1sT January 28, 2008 Mr. Joseph Ruda, Inmate Cumberland County Prison 1101 Claremont Road Carlisle, PA 17013 RE: Jocelyn M. Belanger and Robin A. Belanger v. Joseph Ruda t/d/b/a AQUA Clear Blue Pools and Clear Blue Pools No. 2007-7657- Cumberland County C.C.P. Our File No. 12773.1 Dear Mr. Ruda: Enclosed please find a Notice of Intention to File Praecipe for Entry of Default Judgment. Damages will be assessed against you in the amount shown in the Complaint unless you enter a written appearance personally or by attorney and file in writing with the Court your defenses or objections to the claims set forth against you within ten (10) days of the date of this letter. This is an attempt to collect a debt. Very truly yours, MARTSON LAW OFFICES Trudy E. Fehlinger TEF/tde Enclosure F \FILESTlients\12773 BeImpr\12773.1 jr3 I N F O R M A T I O N • ADVICE • ADVOCACY `'' 1w F `FILES\CIiencsV _"3 BeiangerU ]"'3 I IJdayno(cee.apdhde David A. Fitzsimons, Esquire I.D. No. 41722 Trudy E. Fehlinger, Esquire I.D. No. 202753 MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiffs JOCELYN M. BELANGER and ROBIN IN THE COURT OF COMMON PLEAS OF A. BELANGER, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, V. NO. 2007-7657 CIVIL ACTION - LAW JOSEPH RUDA, t/d/b/a AQUA CLEAR BLUE POOLS and CLEAR BLUE POOLS, Defendant JURY TRIAL DEMANDED Date of Notice: January 28, 2008 IMPORTANT NOTICE TO: JOSEPH RUDA, t/d/b/a AQUA CLEAR BLUE POOLS and CLEAR BLUE POOLS, PRO SE DEFENDANT YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. yr IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE'MAY BE ABLE TO PROVIDE YOU WITH EVFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone:(717) 249-3166 Respectfully submitted, MART) ON LAW OFFICE David A zsimons, Esquire I.D. No. 41722 Trudy E. Fehlinger, Esquire I.D. No. 202753 MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Dated: January 28, 2008 Attorneys for Plaintiffs CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Notice of Intent to Enter Default Judgment was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Mr. Joseph Ruda, Inmate Cumberland County Prison 1101 Claremont Road Carlisle, PA 17013 MARTSON LAW OFFICES r- is D. Eckenroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: January 28, 2008 David A. Fitzsimons, Esquire I.D. No. 41722 Trudy E. Fehlinger, Esquire I.D. No. 202753 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiffs JOCELYN M. BELANGER and ROBIN IN THE COURT OF COMMON PLEAS OF A. BELANGER, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, V. NO. 2007-7657 CIVIL ACTION - LAW JOSEPH RUDA, t/d/b/a AQUA CLEAR BLUE POOLS and CLEAR BLUE POOLS, Defendant JURY TRIAL DEMANDED COMMONWEALTH OF PENNSYLVANIA ) SS COUNTY OF CUMBERLAND ) Trudy E. Fehlinger, Esquire, being duly sworn according to law, deposes and says that he is an employee of MARTSON, DEARDORFF, WILLIAMS OTTO GILROY & FALLER, attorneys for the Plaintiffs in the above captioned matter and that pursuant to the provisions of the Pennsylvania Rules of Civil Procedure, a Notice of Intention to Enter Default Judgment against the Defendant Joseph Ruda, t/d/b/a Aqua Clear Blue Pools and Clear Blue Pools was given to Defendant Joseph Ruda, t/d/b/a Aqua Clear Blue Pools and Clear Blue Pools by mail at 65 Derbyshire Drive, Carlisle, Pennsylvania 17013 on January 18, 2008, and at the Cumberland County Prison, 1101 Claremont Road, Carlisle, Pennsylvania 17013 on January 28, 2008. a Tru . Feh finger, Es uire Sworn to and subscribed before me this _D day of F CL G? , 20. 0? W?ty- 0- 2CV)6- COMMONWEALTH OF PENNSYLVANIA Notary Public Notarial Seal Melissa A. Scholly, Notary Public Carlisle Boro, Cumberland County My Commission Expires Jan. 19, 2010 Member, Pennsylvania Association of Notaries CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent of Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Praecipe to Enter Default Judgment was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Mr. Joseph Ruda 65 Derbyshire Drive Carlisle, PA 17013 and Mr. Joseph Ruda Cumberland County Prison 1101 Claremont Road Carlisle, PA 17013 MARTSON LAW OFFICES Y Tricia D. Eckenroad - Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: February 12, 2008 -J R VN .I li \ _r? V) Q\? l Y Ih?v 1 10, V S f 0 n n a. { i +• ? CSC'}