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COMMONWEALTH Of PENNSYLVANIA
COURT 0' COMMON PLEAS
NOTICE OF APPEAL
FROM
JUDICIAL DISTRICT
DISTRICT JUSTICE JUDGMENT
COM_N PLEAS No. t:JLI- / W ~
NOTICE OF APPEAL
Notice is QNeIl that the appellant has filed in the above Caurt of Cammon PIeos an appeal from the judgment rendered by the District Justice an the
date and in the case mentianed be"""
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Q.4JM f<<J / ~ I cv tM O(j I gJ - 03 \ J SlGNATJl.Oe OF "'l..s~ 't' 00 L {
IT - ~ 5:.
This black will be signed ONLY when this ootatian is required under Pc. R.c. . No. /f appel/ant was CLA/MANT (see Pa. R.CP.JP. No.
10088.
This Notice af Appeal. when recei1led by the District Justice, will operate as a
SUPERSEDEAS ta the judgment for possessian in this case
R-Jc-
Signature of Prothonotary or Deputy
1001 (6) in action before District Justice, he MUST
F/LE A COMPLA/NT within twenty (20) days after
f/ling his NOT/CE of APPEAL.
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONLY when appellant was DEFENDANT (see Pa. HC.P.J.P. No. 1001(7) in action before District Justice.
IF NOT USED, detach from copy of notice of appeal to be served upon appellee).
PRAECIPE: To Prothonotary ~ \ 0
Enter rule upan .,-1~~' i,t:. ~ S C9 h V\. S pc..... d . appellee(.), to file a complaint in this appeal
i Nsme of _leeIs} \
Signature of ~ ex his.ttomey ex__
(Cammon Pleas No.
RULE: To ~ h n. .~~
. appeIlee(s).
( 1) You are ootified that a rule is hereby entered upan you to file a complaint in this appeal within twenty (20) days after the date of
_vice of this rule upon you by personal service or by certified or registered mail
(2) If you do oot file a complaint within this time, 0 JUDGMENT OF NON PROS W1U BE ENTERED AGAINST YOU.
(3) The date of _vice of this rule if _vice was by mail is the dote of mailing.
Date: 9/2r1. /01 . ~
.
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AOPC 312-90
COURT FILE TO BE FILED WITH PROTHONOTARY
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of service MUST BE FILED WITHiN TEN (fa) DAYS AFTER filing the noftce of appear Check applicable boxes)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF : ss
AFFIDAVIT: I hereby swear or affirm that I served
o a copy at the Notice at Appeal, Common Pleas No, upon the Dlstnct Justice designated therein on
(date of service) 0 by personal service 0 by (certilled) (registered) mail, sender's
receiot attached hereto, upon the appellee, (name) on
__ 0 by personal service by (registered) maiL sender's receipt attached hereto,
o and turlher that served the Rule to File a Complaint accompanying the above Notice ot Appeal upon the appellee(s) to whom
the Rule was addressed on 0 by personal service 0 by (certified) (registered\
mail, sender's receipt attached
SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS DAY OF
My commission eX;Aes ~./;
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CqMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
NOTICE OF JUDGMENTITRANSCRIPT
CIVIL CASE
09-3-05
PLAINTIFF:
'sPAYD, JOHN
209 MEADOW LANE
MECHANICSBURG, PA
L
NAME and ADDRESS
--,
.~ Mag. Dis!. No.:
DJ..Name: Hon,
GAYLE A. ELDER
AdO"" 507 N. YORK ST.
MECHANICSBURG, PA
17055
..J
VS.
17055
DEFENDANT:
IaUDA, JOE, ET AL.
65 DERBYSHIRE ROAD
CARLISLE, PA 17013
L
Docket No.: cv- 0000183 - 03
Date Filed: 8/12/03
NAME and ADDRESS
T",phoo", (717) 766 -4575
--,
~
..J
~".,-
~
JOE RUDA
65 DERBYSHIRE ROAD
CARLISLE, PA 17013
'"
THIS IS TO NOTIFY YOU THAT:
Judgment:
DEFAULT JUDGMF.NT PLTF
[!]
[!]
Judgment was entered for:
(Name)
l'IP:&.Yn, .Tn~
Judgment was entered against: (Name)
RUD:&., JOE
in the amount of $
R,1 7.R _ 0:;0 on:
(Date of Judgment)
17./10:;/0'1
o Defendants are jointly and severally liable.
o Damages will be assessed on:
o This case dismissed without prejudice.
(Date & Time)
Amount of Judgment
Judgment Costs
Interest on Judgment
Attorney Fees
Total
$ 8,000.00
$ 128.50
$ .00
$ .00
$ 8,128.50
O Amount of Judgment Subject to
Attachment/42 Pa.C.S. 9 8127 $
o Portion of Judgment for physical
damages arising out of residential
lease $
Post Judgment Credits $
Post Judgment Costs $
------------
------------
Certified Judgment Total $
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE
OF APPEAL WITH THE PROTHONOT ARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU
MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, IF THE JUDGMENT HOLDER
ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT
OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE DISTRICT JUSTICE.
UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE
A REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES,
OR OTHERWISE COMPLIES WITH TH~lG:E:T 00\,1 a. ,:i;?,?l:j;;;~'::.~".;?
1?/' ~l'n Date - . ~ (j (if, 7 ) ~ ',:: ".,' ,"'~~;~JiC:~:'
( . !' 1-:''':- -i -' p, 'TJ>,..<:-, .
I certify that th"is is a true and correct copy of the record of the proceedings cont~rllng tff~tJC\~~~t. : .
t '70....;.-' - \C.- ,'::,-
.#' ' , .~ ,." , .. - "-
Date '-...... ' ,Qisff.!ct Justice
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My commission expires first Monday of January, 2006 gerM!'.""
Aope 315-03
DATE PRINTED:
12/15/03
12:49:25 PM
Mag, Dist.No.'
NOTICE OF JUDGMErITITRANSCRIPT
CIVIL CASE'
NAME a~d ADDRESS
:,
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
09-3-05
PLAINTIFF:
'sPAYD, JOHN
209 MRADOW LANE
MECHANICSBURG, PA
L
17055
OJ Name: Hon.
GAYLE A. ELDER
Add"", 507 N. YORK ST.
MECHANICSBURG, PA
-.J
VS.
. ..... '.' ....... .-.
T",;~oo,(717) 766:4575
17055
DEFENDANT: NAME and ADDRESS
IRUDA, JOE, ET AL.
65 DERBYSHIRE ROAD .
CARLISLE, PA 17013
L
,
JOE RUDA
65 DERBYSHIRE ROAD
CARLISLE, PA 17013
Docket No.: CV- 0000183 - 03
Date Filed: 8/12/03
-.J
.",.,
,. -,,'
... '. ."
~
THIS IS TO NOTIFY YOU THAT:
""JUdgment . -"
DE'FAULTJUDGMRNT PLTF
[iJ
[iJ
Judgment was entered for:
(Name)
flP;&'vn, ,TORN
Judgment was entered against: (Name)
Run;&" TF.RRT
in the amount of $
R,12R.<;n on:
(Date of Judgment)
1 2/1 <;/n~
o Defendants are jointly and severally liable.
o Damages will be assessed on:
o This case dismissed without prejudice.
(Date & Time)
Amount of Judgment
Judgment Costs
Interest on Judgment
Attorney Fees
Total
$ 8,000.00
$ 128.50
$ .00
$ .00
$ 8.128.50
O Amount of Judgment Subject to
AttachmenV42 Pa.C.S. ~ 8127 $
o Portion of Judgment for physicai
damages arising out of residential
lease $
Post Judgment Credits $
Post Judgment Costs $
------------
------------
Certified Judgment Total $
"
t.
ANY PARTY HAS THE BIGHT TO APp,EAl WITHIN 30 DAYS AFTER THE ENTBY OF JUP<iMEr-IT BY FILING A NOTICE
OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU
MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL,.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, IF THE JUDGMENT HOLDER
ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COM~ FROM THE COURT
OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE DISTRICT JUSTICE. "",\.,1"";""""
UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESIEOIN TH~ JUDGMENT MAY FILE
'll,o ":',. . ....-. .,~. ';-
A REQUEST FOR ENTRY, OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMENTr;l'EllTbR' PAYS ItfFlILL:;~ETTLES,
OR OTHERWISE COMPLIES WITH THE JUDGMENT. /' "':::/1,' "". ' ,
"/10/03 0", ~C {%, 7~:Ij,4:::~J"~~1
". . ,-......... ....:...-'-:., .'
I certify that this is a true and correct copy of the record of the proceedings contafnjng'lbe judgment. /:
':fi--:-r Ie.."".'.... ..,'\'
"')'t,-..... .........',.,".'.
Date ;'Dislrict Justice
My commission expires first Monday of January. 2006
SEAL
Aope 315-03
DATE PRINTED:
12/15/03
12:49:59 PM
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing ihe notice of appeal, Check applicable boxes)
COMMONWEALTH OF PENNSYLVANIA r
COUNTY OF ,,(_r'\k,.,~['bb. n ~.; S5
AFFIDAVIT: I hereby swear or affirm that I served . . . '
o a copy of the Notice ,O"f"A" P, peal, co" ,m"" mon Pie, a, ,s, "",N", o. J.l!i, -:::.J!:LY......., upo~tl]Jl-'District Justice designated therein on
(date of service) _'_" '_',', 0 by pe"rsonal ;".,e""rvJce 1.lJ"',,~PVY (ce,r,t"i"f"i,e, d) (regi,S, t,ered) mai,l" sender's
receipt attached hereto, and upon the appellee, (name) .__.:l~ . :" fCl'jcL ",,_... . . n'_' on
_ . _. 0 by personal service 0 by (certifiec) (registered) mail, sender's receipt attached hereto.
o and further that I served the Rule to File a Complaint accompanying the ab.)ve Notice of Appeal upon the appellee(s) to whom
the Rule was addressed on..____. "_" 0 by personal service 0 by (certified) (registered)
mail, sender's receipt attached hereto.
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, i / Signature of affiant
t..,
SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS15~_ DAY OFJ~, .,'~
-JodNS.,~..,..", "",......
sf\[~~;before wnom affidiM! was m3l18
~Tilie"-oj official -"...,._"S/~-"-"",,,".~-,,,,,,-,----,----
My commiSsion exp"e, onltpe-.tjl..;JJJ1)~.... .
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, NOTARIAL SEAL
'I JODY S. SMITH. NOTARY PUBLIC
Carlisle BOlo. Cumberland ,:ounty
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COMMONWEALTH OF PENNSYLVANIA
COURT Of COMMON PlEAS
NOTICE OF APPEAL
FROM
JUDICIAL DISTRICT
DISTRICT JUSTI,CE JUDGMENT
COMMON PUAS No. C1~ _ / ~~ ~
NOTICE OF APPEAL
Notice i. 9r.en that the appellant ~ flied in the above Court of Common pleas an appeal fmm the judgment rendered by the District Justice, on the
date and in the c_ rrietllioned bel"",
1-+
I
vs.
EUANT
cv "~
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This block will be signed ONLY when this n~*'1ion is required under Po. R.c
,10088. ' '
This Noliee "f Appeol, when recei>ed by the District Justice, will operate as a
SUPER$El)EAS to the jlJdgment for possession in.!his c-.
Signature 01 Prothonotary or Deputy
" appellant was CLA/MANT (see Pa. R.GP.J.P. No.
1001 (6) in action before District Justice, he MUST
F/LE A COMPLA/NT within twenty (20) days affer
filing his NOTICE of APPEAL.
PRAECIPE TOENTERItULETO FILE COMPLAINT AND RULE TO FILE
(This seCtion of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001 (7) in action before District Justice,
IF NGr USED, detach from ';,:?Y f!' 'notice of appeal to be served upon appellee). "'_, '
PRAECIPEI To Prothonotary.' '
Enter ru~ upon
M - /~11'
M- 01 appe!l6e(s)
) within
, oppeIlee(s), to fil& a,~t in this oppeaI
lfommon~~ No.
<:<~.. j;hn~~
,~
/
f jUc:rgn-t of non pros.
, appellee(s).
it:P(-"
....~. ;
(1) You ate noIifMH:j that a rule is h~-;"Iered upon you to fl~c!.compIaint in this appeal within twenty (20) days after the date of
service of this rule upon you by ~~eior byceriified or regisiered maiL
-.-. ,,' ,,:. "
(2) If you ;>-n<>~~:.~plaint within this ~""1' JUDGMENT OF NON PROS WILL BE ENTERED ,(GAINST YOU.
(3) ~ of servic" .of this ru,le if service ""'s by mail is the date of mailing.
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Date: '. . " .:....-...
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S NOTARIAL SEAL
--J6rL.A./ , ~ JODY S. SMITH. NOTARY PUBLIC
--<::r Carlisle Boro. Cumberland County
My CommIssion Expires April 4. 2005
AOPC 312-90
COURT FILE
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QUINLAN LAW OFFICE
Sean Patrick Quinlan, Esquire
Supreme Court ID No.: 86858
3344 Toodle Road
Camp Hill PA 17011-4433
Phone: 717 697-9303
JOHN SPAYD AND
VICTORIA SPAYD,
HUSBAND AND WIFE,
Plaintiffs
: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
v.
: No.04-1't4
CIVIL ACTION - LAW
AQUA BLUE POOLS AND
JOSEPH S. RUDA,
Defendants
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 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.
Lawyer Referral Service
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Phone: (800) 990-9108 or (717) 249-3166
QUINLAN LAW OFFICE
Sean Patrick Quinlan, Esquire
Supreme Court ID No.: 86858
3344 Trindle Road
Camp Hill PA 17011-4433
Phone: 717 697-9303
JOHN SPAYD AND
VICTORIA SPAYD,
HUSBAND AND WIFE,
Plaintiffs
: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
: No. 04-114
v.
CIVIL ACTION - LAW
AQUA BLUE POOLS AND
JOSEPH S. RUDA,
Defendants
PLAINTIFFS' COMPLAINT
AND NOW come the Plaintiffs, John Spayd and Victoria Spayd, husband and wife, pro
se, and respectfully represent as follows in support of this Complaint:
Parties
I. Plaintiffs, John Spayd and Victoria Spayd, husband and wife, are adult individuals
residing at 209 Meadow Lane, Mechanicsburg, Cumberland County, Pennsylvania 17055.
2. Defendant, Aqua Blue Pools, apparently is a sole proprietorship engaged in the
business of selling, constructing and installing swimming pools with its main place of business
located at 945 Doubling Gap Road, Newville, Cumberland County, Pennsylvania 17241.
Background Allegations
3. On or about July 14, 2002, Plaintiffs contracted with Defendants for the purchase,
construction and installation of a swimming pool (including accessories and patio) at their
I
residence at 209 Meadow Lane, Mechanicsburg, for the total sum of $19,211.00 (Nineteen
Thousand Two Hundred and Eleven Dollars).
4. In or about August 2002, Defendants constructed and installed the aforesaid
swimming pool at the residence of the Plaintiffs.
5. Upon completion, it was immediately apparent to the Plaintiffs that the aforesaid
swimming pool was defective, unusuable and would require major repairs.
6. According to expert consultants retained by the Plaintiffs, the defects and problems
with the aforesaid swimming pool constructed and installed by Defendants include the following:
a) the concrete is sloppy and uneven because the concrete truck sat in
excessively high temperatures for 2 hours causing the concrete to begin to cure
before pouring;
b) very little if any crushed stone was used prior to the pouring of the
concrete;
c) although wire was placed on the bottom of the concrete, it should have
been lifted up into the mix for strength against cracking;
d) the steps are "spongie" because there was not enough crushed stone and
no concrete was at the bottom 2 steps as is standard installation practice;
e) the slope of the right wall is steeper than the slope of the left wall;
f) the pool liner does not fit correctly because the liner was measured
inaccurately by Defendants and was not suctioned to the walls -- there are gaps on
both sides of the steps where the liner should meet the steps flush;
2
g) the Sam light was screwed into the liner too early in the process,
causing patches all around the light where the screws had to refitted when the
liner was reinstalled;
h) the skimmer boxes protrude into the pool 3/4" because Defendants used
plywood pool wall skimmers instead of the skimmers used for steel wall pools
which are designed to fit flush with the walls;
i) the skimmers are uneven from the front to the back making it more
difficult to monitor water flow levels;
j) the floor of the pool is uneven with bumps and valleys on the bottom;
k) the chlorinator andjandy valves were connected wrongly and the pipes
were labelled wrongly;
I) pool plumbing was not done correctly in that multiple drains were put
together that should have been separate;
m) no overflow drains were installed which is a standard for winter runoff;
n) silicone was used around the bottom drain which should not have been
needed or used if the drain was properly installed;
0) the slope of the concrete is erroneous and has all the water running
toward the Plaintiffs' home;
p) there are cracks in the concrete on the pool deck and major cracks
around all the areas where expansion joints were used; and
3
q) there are many areas around the pool and concrete patio that were
patched by Defendants and that are a different color and texture than the rest of
the concrete.
7. To date, the Plaintiffs have paid to Defendants approximately $18,000 (Eighteen
Thousand Dollars) pursuant to their written contract for the defective swimming pool.
8. Plaintiffs have further expended in excess of $6,000 (Six Thousand Dollars) to attempt
to repair the defective swimming pool constructed and installed by Defendants.
9. According to estimates by experts in the swimming pool industry, it would cost
approximately $19,000 to repair the defective swimming pool constructed and installed by
Defendants.
Count I: Breach of Contract
10. The averments set forth in paragraphs I through 9 are incorporated herein by
reference as if fully stated.
11. Pursuant to the written contract for the aforesaid swimming pool, Defendants
promised to construct and install a swimming pool "free of defects in workmanship."
12. For the reasons set forth in paragraph 6 above, which are incorporated herein by
reference, the aforesaid swimming pool constructed and installed by Defendants is defective,
unusual and requires major repairs.
13. Defendants have breached their written contract with Plaintiffs.
14. As a direct and proximate result of the breach of contract by Defendants, the
Plaintiffs have sustained damages in excess of$24,000 (Twenty Four Thousand Dollars) and will
4
sustain further damages in excess of$19,000 in order to repair and remedy the aforesaid defects
to the swimming pool.
WHEREFORE, Plaintiffs demand judgment against Defendants, jointly and severally, in
an amount in excess of $8,000 (Eight Thousand Dollars) together with costs and interest as
provided by law.
Count II: Negligence
15. The averments set forth in paragraphs I through 14 are incorporated herein by
reference as if fully stated.
16. Defendants negligently, carelessly and/or recklessly constructed and installed the
aforesaid swimming pool at the residence of the Plaintiffs as set forth in paragraph 6 above,
which is incorporated herein by reference.
17. As a direct and proximate result ofthe negligence, carelessness and/or recklessness
of Defendant, the Plaintiffs have sustained damages in excess of$24,000 (Twenty Four
Thousand Dollars) and will sustain further damages in excess of$19,000 in order to repair and
remedy the aforesaid defects to the swimming pool.
WHEREFORE, Plaintiffs demand judgment against Defendants, jointly and severally, in
an amount in excess of $8,000 (Eight Thousand Dollars) together with costs and interest as
provided by law.
Count III: Violation of the Unfair Trade Practices and Consumer Protection Law fUTPCPU
18. The averments set forth in paragraphs 1 through 17 are incorporated herein by
reference as if fully stated.
5
19. In conjunction with the execution of the written contract and the construction and
installation of the aforesaid swimming pool, the Defendants engaged in unfair and/or deceptive
acts or practices with Plaintiffs in that they:
a) represented that the aforesaid swimming pool was of a particular
standard, quality or grade which it was not for the reasons set forth in more detail
in paragraph 6 above;
b) failed to comply with the terms of the written guarantee and warranty
given to the Plaintiffs at, prior to or after a contract for the purchase of the
swimming pool was made; and
c) engaged in fraudulent and/or deceptive conduct which created a
likelihood of confusion and/or of misunderstanding in that:
i) Defendants falsely and/or recklessly represented to Plaintiffs
that the swimming pool would be constructed and installed free of
defects;
ii) the misrepresentations were intentional and/or material to the
contract;
iii) the fradulent and material misrepresentations were intended to
and did mislead the Plaintiffs into relying on it;
iv) the Plaintiffs justifiably relied on the fraudulent and material
misrepresentations made by the Defendants; and
6
v) the damages incurred by the Plaintiffs were proximately
caused by their justifiable reliance on the fraudulent and material
misrepresentations made by the Defendants.
20. Defendants have violated the Pennsylvania Unfair Trade Practices and Consumer
Protection Law (UTPCPL), 73 Pa.C.S. ~ 201-1 et seq., as alleged above.
21. As a direct and proximate result of the Defendants' violation of the UTPCPL, the
Plaintiffs have sustained damages in excess of $24,000 (Twenty Four Thousand Dollars) and will
sustain further damages in excess of$19,000 in order to repair and remedy the aforesaid defects
to the swimming pool.
WHEREFORE, Plaintiffs demand judgment against Defendants, jointly and severally, in
an amount in excess of $8,000 (Eight Thousand Dollars); the imposition of treble damages and
reasonable attorney fees under the UTPCPL, 73 Pa.C.S. ~ 201-9.2(a); and costs and interest as
provided by law.
Count IV: Breach of Express and/or Implied Warranty ofMerchantabilitv
22. The averments set forth in paragraphs I through 21 are incorporated herein by
reference as if fully stated.
23. In executing the written contract with the Plaintiffs, the Defendants expressly and/or
impliedly warranted that the aforesaid swimming pool would be of merchantable quality, that it
could pass without objection in the trade under the contract description and that it was fit for the
purpose intended, that is, for use as a swimming pool.
24. As alleged above in paragraph 6, which averments are incorporated herein by
reference, the aforesaid swimming pool was not of merchantable quality, did not conform to the
7
contract, could not pass without objection in the trade under the contract description, and was not
fit for the purpose intended, that is, for use as a swimming pool.
25. Defendants breached the express and/or implied warranty of merchantability as to the
aforesaid swimming pool for the reasons alleged above.
26. As a direct and proximate result of the breach of the express and/or implied warranty
of merchantability by Defendants, the Plaintiffs have sustained damages in excess of $24,000
(Twenty Four Thousand Dollars) and will sustain further damages in excess of$19,000 in order
to repair and remedy the aforesaid defects to the swimming pool.
8
WHEREFORE, Plaintiffs demand judgment against Defendants, jointly and severally, in
an amount in excess of $1\ ,000 (bf f{!f7 Thousand Dollars) together with costs and interest
as provided by law.
RESPECTFULLY SUBMITTED:
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DATED: February _, 2004.
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JOHN SPAYD AND
VICTORIA SPAYD,
Husband and Wife,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO.-S4 U4-- Otj-/li'-t
CIVIL ACTION - LAW
vs.
JURY TRIAL DEMANDED
AQUA BLUE POOLS AND
JOSEPH S. RUDA,
Defendant
PRELIMINARY OBJECTIONS
AND NOW, comes the Defendant, Joseph S. Ruda, t/a/d/b/a Aqua
Blue Pools, by and through his attorney, Dale F. Shughart, Jr.,
Esquire, and makes the following Preliminary Objections to
Plaintiffs' Complaint:
DEMURRER
1. Count III of Plaintiffs' Complaint, alleging violation of
the Unfair Trade Practices and Consumer Protection Law, 73
Pa.C.S.201-1 et seq fails to allege facts sufficient to state a
cause of action under the statute.
WHEREFORE, Defendant prays Your Honorable Court to strike
Count III from the Complaint.
MOTION FOR MORE SPECIFIC PLEADING
2. Count III of Plaintiffs' Complaint alleges a violation of
the Unfair Trade Practices and Consumer Pro1:ection Law. However,
the facts as alleged in the Complaint are insufficient to state
such a cause of action.
WHEREFORE, Defendant prays that Plaintiffs be ordered and
directed to file a more specific Complaint alleging sufficient
facts to support the cause of action within twenty (20) days in
default of which Count III shall be stricken.
FAILURE OF PLEADING TO CONFORM TO LAW OR
RULE OF COURT
3. Complaint in the above captioned matter clearly indicates
Quinlan Law Office, 3344 Trindle Road, Camp Hill, PA 17011.
that the document was prepared by Sean Patrick Quinlan, Esquire,
by Pa.R.C.p. 1023.1.
Plaintiffs' attorney has failed to sign the Complaint as required
4. The Plaintiffs have failed to verify the Complaint as
required by Pa.R.C.p. 1024.
written Agreement between Plaintiffs and Defendant. The Agreement
5. The Plaintiffs allege that the action is premised upon a
of the parties is not attached to the Complaint as required by
Pa.R.C.p. 1019(i).
(b). To the extent the claims are for liquidated damages, the
6. The Plaintiffs failed to comply with Pa.R.c.p. 1021(a),
and to the extent the claims for damages are unliquidated, specific
amount of the liquidated damages are not set forth with precision;
amounts are stated in violation of the Rule..
7. The Plaintiffs' Complaint fails to state whether the
amount of the claim is within the jurisdiction of arbitration as
required by Pa.R.C.p. 1021(c).
WHEREFORE, Defendant prays Your Honorable Court to strike the
-2-
Complaint for failure to comply with Pa.R.C.p. 1019, 1021, 1023.1
and 1024.
Respectfully submitted,
oQE0-fl2,J~
Supreme Court I. . 19373
35 East High Street, Suite 203
Carlisle, PA 17013
(717) 241-4311
Attorney for Defendant
-3-
JOHN SPAYD AND
VICTORIA SPAYD,
Husband and Wife,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 04-114
CIVIL ACTION - LAW
vs.
JURY TRIAL DEMANDED
AQUA BLUE POOLS AND
JOSEPH S. RUDA,
Defendant
CERTIFICATE OF SERVICE
AND NOW, this 24th day of March, 2004, I, Dale F. Shughart,
Jr., attorney for Defendant, hereby certify that I have served a
copy of the Preliminary Objections by mailing a copy of the same by
United States mail, postage prepaid, addressed as follows:
SEAN PATRICK QUINLAN, ESQUIRE
334 TRINDLE ROAD
CAMP HILL, PA 17011
JOHN AND VICTORIA SPAYD
209 MEADOW LANE
MECHANICSBURG, PA 17055
Dale F. Sh r.
35 East Hign , Suite 203
Carlisle, PA 1701
(717) 241-4311
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JUL 1 9 2004
JOHN SPAYD AND
VICTORIA SPAYD,
Husband and Wife,
Plaintiffs
IN THE COUR~ OF COMMON PLEAS OF
CUMBERLAND C?~TY, PENNSYLVANIA
NO. 04-~ Il..f't
CIVIL ACTIC~ - LAW
vs.
JURY TRIAL DEMANDED
AQUA BLUE POOLS AND
JOSEPH S. RUDA,
Defendant
ORDER OF COURT
On Motion of Dale F. Shughart, Jr., attorney for the Defendant
Joseph S. Ruda, t/a Aqua Blue Pools, and upon representation by
Attorney Shughart that he was not notified of the listing of the
above captioned case for Argument as required by C.C.R.P. 210-2,
and also due to his unavailability on July 28, 2004, the above
captioned case is removed from the July 28, 2004 Argument Court
list and shall be listed by the Prothonotary for Argument Court to
be held on September 22, 2004.
By the Court,
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JOHN SPAYD AND
VICTORIA SPAYD,
Husband and Wife,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 04-114
CIVIL ACTION - LAW
vs.
JURY TRIAL DEMANDED
AQUA BLUE POOLS AND
JOSEPH S. RUDA,
Defendant
MOTION TO CONTINUE ARGUMENT
UNTIL NEXT ARGUMENT COURT
AND NOW, comes the Defendant, Joseph S. Ruda, tla Aqua Blue
Pools, by and through his attorney, Dale F. Shughart, Jr., Esquire,
and makes the following Motion:
1. The undersigned Dale F. Shughart, Jr. is the attorney for
the Defendant above captioned.
2. Preliminary Objections to the Plaintiff's Complaint were
filed on March 25, 2004 and duly served upon the Plaintiffs and
their attorney, Shawn Patrick Quinlan, Esquire.
3. On July 15, 2004, the undersigned attorney for Defendant
received a notification from the Prothonotary, postmarked July 13,
2004, advising him that this case is listed for Argument on
July 28, 2004.
4. Neither the Plaintiffs nor their attorney served a copy of
the Praecipe listing the case for argument upon the undersigned
attorney for the Defendant, as required by C.C.R.P. 210-2.
5. Plaintiffs having failed to comply with Local Rules, the
case could be stricken, upon request of the undersigned. In the
/
interest of economy and efficiency, the undersigned attorney for
the Defendant requests that the case be continued until the next
Argument Court to be held on September 22, 2004 for the reasons set
forth below.
6. Since the undersigned attorney for the Defendant did not
receive prompt notification from the Plaintiffs or their attorney
that the case was listed for Argument, the undersigned has made
commitments for July 28, which make him unavailable to attend
Argument on that date.
7. Due to his Assistant's vacation, the undersigned is unable
to prepare a Brief to submit in accordance with the C.C.R.P.
8. Under the circumstances, the undersigned requests the
Court continue the case to the next scheduled Argument Court to be
held on September 22, 2004.
WHEREFORE, Dale F. Shughart, Jr., Esquire, attorney for the
Defendant, Joseph S. Ruda t/a Aqua Blue Pools, prays Your Honorable
Court to continue Argument of the above captioned matter to
September 22, 2004.
Respectfully submitted,
Jf~~g~~J~;m
35 East High Street, Suite 203
Carlisle, PA 17013
(717) 241-4311
Attorney for Defendant
-2-
~
VERIFICATION
Dale F. Shughart, Jr. hereby verifies that the facts set forth
in the foregoing Motion are true and correct to the best of his
knowledge, information and belief, and understands that false
statements herein are made subject to the penalties of 18 Pa. C.S.
~4904 relating to unsworn falS~~~
DATE: July 16, 2004
-3-
)
JOHN SPAYD AND
VICTORIA SPAYD,
Husband and Wife,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 04-114
CIVIL ACTION - LAW
vs.
JURY TRIAL DEMANDED
AQUA BLUE POOLS AND
JOSEPH S. RUDA,
Defendant
CERTIFICATE OF SERVICE
AND NOW, this 16th day of July, 2004, I, Dale F. Shughart,
Jr., attorney for Defendant, hereby certify that I have served a
copy of the Motion to Continue Argument Until Next Argument Court
pursuant to Pa.R.C.P. 1023.2 by mailing a copy of the same by
United States mail, postage prepaid, addressed as follows:
SEAN PATRICK QUINLAN, ESQUIRE
334 TRINDLE ROAD
CAMP HILL, PA 17011
JOHN AND VICTORIA SPAYD
209 MEADOW LANE
MECHANICSBURG, PA 17055
J)1&{ r
Dale F. Sh
35 East Hig
Carlisle, PA 17013
(717) 241-4311
'1
203
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JOHN SPAYD AND
VICTORIA SPAYD,
HUSBAND AND WIFE,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 04-144
v.
CIVIL ACTION - LAW
AQUA BLUE POOLS AND
JOSEPH S. RUDA,
Defendants
JURY TRIliL 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 Plaintiff(s). You may lose money or property or
other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LA'NYER 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 17013
Phone: (717) 249-3166
JOHN SPAYD AND
VICTORIA SPAYD,
HUSBAND AND WIFE,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLN~D COUNTY, PENNSYLVANIA
No. 04-144
v.
CIVIL ACTION - LAW
AQUA BLUE POOLS AND
JOSEPH S. RUDA,
Defendants
JURY TRIAL DEMANDED
PLAINTIFFS' AMENDED COMPLAINT
AND NOW come the Plaintiffs, John Spayd and Victoria Spayd,
husband and wife, by and through William C. Costopoulos, Esquire,
and George Costopoulos, Esquire, and respectfully represent as
follows in support of this Amended Complaint:
Parties
1. Plaintiffs, John Spayd and Victoria Spayd, husband and
wife, are adult individuals residing at 209 Meadow Lane,
Mechanicsburg, Cumberland County, Pennsylvania 17055.
2. Defendant, Aqua Blue Pools, apparently is a sole
proprietorship engaged in the business of selling, constructing and
installing swimming pools with its main place of business located
at 945 Doubling Gap Road, Newville, Cumberland County, Pennsylvania
17241.
3. Defendant, Joseph S. Ruda, is an adult individual residing
at 945 Doubling Gap Road, Newville, Cumberland County, pennsylvania
17241.
1
Backqround Alleqations
4. On or about July 14, 2002, Plaintiffs contracted with
Defendants for the purchase, construction and installation of a
swimming pool (including accessories and patio) at their residence
at 209 Meadow Lane, Mechanicsburg, for the total sum of $19,211.00
(Nineteen Thousand Two Hundred and Eleven Dollars) A copy of the
duly executed written contract is attached.
5. In or about August 2002, Defendants constructed and
installed the aforesaid swimming pool at the residence of the
Plaintiffs.
6. Upon completion, it was immediately apparent to the
Plaintiffs that the aforesaid swimming pool was defective, unusable
and would require major repairs.
7. According to expert consultants retained by the
Plaintiffs, the defects and problems with the aforesaid swimming
pool constructed and installed by Defendants include the following:
a) the concrete is sloppy and uneven because the
concrete truck sat in excessively high temperatures for
2 hours causing the concrete to begin to cure before
pouring;
b) very little if any crushed stone was used prior
to the pouring of the concrete;
c) although wire was placed on the bottom of the
concrete, it should have been lifted up into the mix for
2
strength against cracking;
d) the steps are n spongie n because there was not
enough crushed stone and no concrete was at the bottom 2
steps as is standard installation practice;
e) the slope of the right wall is steeper than the
slope of the left wall;
f) the pool liner does not fit correctly because the
liner was measured inaccurately by Defendants and was not
suctioned to the walls - - there are gaps on both sides of
the steps where the liner should meet the steps flush;
g) the Sam light was screwed into the liner too
early in the process, causing patches all around the
light where the screws had to refitted when the liner was
reinstalled;
h) the skimmer boxes protrude into the pool 3/4 n
because Defendants used plywood pool wall skimmers
instead of the skimmers used for steel wall pools which
are designed to fit flush with the walls;
i) the skimmers are uneven from the front to the
back making it more difficult to monitor water flow
levels;
j) the floor of the pool is uneven with bumps and
valleys on the bottom;
k) the chlorinator and jandy vCLlves were connected
3
wrongly and the pipes were labelled wrongly;
1) pool plumbing was not done correctly in that
multiple drains were put together that should have been
separate;
m) no overflow drains were inBtalled which is a
standard for winter runoff;
n) silicone was used around the bottom drain which
should not have been needed or used if the drain was
properly installed;
0) the slope of the concrete iEi erroneous and has
all the water running toward the Plaintiffs' home;
p) there are cracks in the concrete on the pool deck
and major cracks around all the areas where expansion
joints were used; and
q) there are many areas around the pool and concrete
patio that were patched by Defendants and that are a
different color and texture than the rest of the
concrete.
8. To date, the Plaintiffs have paid to Defendants
approximately $18,000 (Eighteen Thousand Dollars) pursuant to their
written contract for the defective swimming pool.
9. Plaintiffs have further expended or will expend in excess
of $24,000 (Twenty-four Thousand Dollars) to attempt to repair the
defective swimming pool constructed and installed by Defendants.
4
10. Defendants made an attempt to repair
swimming pool they constructed and installed
property but it was manifestly unsuccessful.
Count I: Breach of Contract
11. The averments set forth in para.graphs 1 through 10 are
incorporated herein by reference as if fully stated.
12. Pursuant to the written contract for the aforesaid
swimming pool, Defendants promised to construct and install a
swimming pool "free of defects in workmanship."
13. For the reasons set forth in paragraph 7 above, which are
incorporated herein by reference, the aforesaid swimming pool
constructed and installed by Defendants is defective, unusual and
requires major repairs.
14. Defendants have breached their written contract with
Plaintiffs.
15. As a direct and proximate result of the breach of
contract by Defendants, the Plaintiffs have sustained damages in
excess of $24,000 (Twenty Four Thousand Dollars) and will sustain
further damages in excess of $19,000 in order to repair and remedy
the aforesaid defects to the swimming pool.
WHEREFORE, Plaintiffs demand judgment against Defendants,
jointly and severally, in an amount in excess of $43,000 (Forty
Three Thousand Dollars), which exceeds the compulsory arbitration
limits, together with costs and interest as provided by law.
the defective
on Plaintiffs'
5
Count II: Neqliqence
16. The averments set forth in paragraphs 1 through 15 are
incorporated herein by reference as if fully stated.
17. Defendants negligently, carelessly and/or recklessly
constructed and installed the aforesaid swimming pool at the
residence of the Plaintiffs as set forth in paragraph 7 above,
which is incorporated herein by reference.
18. As a direct and proximate result of the negligence,
carelessness and/or recklessness of Defendant, the Plaintiffs have
sustained damages in excess of $24,000 (Twenty Four Thousand
Dollars) and will sustain further damages in excess of $19,000 in
order to repair and remedy the aforesaid defects to the swimming
pool.
WHEREFORE, Plaintiffs demand judgment against Defendants,
jointly and severally, in an amount in excess of $43,000 (Forty
Three Thousand Dollars), which exceeds the compulsory arbitration
limits, together with costs and interest as provided by law.
Count III: Violation of the Unfair Trade Practices and Consumer
Protection Law (UTPCPL)
19. The averments set forth in paragraphs 1 through 18 are
incorporated herein by reference as if fully stated.
20. In conjunction with the execution of the written contract
and the construction and installation of the aforesaid swimming
pool, the Defendants engaged in unfair and/or deceptive acts or
6
practices with Plaintiffs in that they:
a) represented that the aforesaid swimming pool was
of a particular standard, quality or grade which it was
not for the reasons set forth in more detail in paragraph
7 above;
b) failed to comply with the terms of the written
guarantee and warranty given to the Plaintiffs at, prior
to or after a contract for the purchase of the swimming
pool was made; and
c) engaged in fraudulent and/or deceptive conduct
which created a likelihood of confusion and/or of
misunderstanding in that:
i) Defendants falsely and/or recklessly
represented to Plaintiffs that the swimming
pool would be constructed and installed free
of defects;
ii) the misrepresentations were intentional
and/or material to the contract;
iii) the fraudulent and material
misrepresentations were intended to and did
mislead the Plaintiffs into relying on it;
iv) the Plaintiffs justifiably relied on the
fraudulent and material misrepresentations
made by the Defendants; and
7
v) the damages incurred by the Plaintiffs
were proximately caused by their justifiable
reliance on the fraudulent and material
misrepresentations made by the Defendants.
21. Defendants have violated the Pennsylvania Unfair Trade
Practices and Consumer Protection Law (UTPCPL), 73 Pa.C.S. ~ 201-1
et seq., as alleged above.
22. As a direct and proximate result of the Defendants'
violation of the UTPCPL, the Plaintiffs have sustained damages in
excess of $24,000 (Twenty Four Thousand Dollars) and will sustain
further damages in excess of $19,000 in order to repair and remedy
the aforesaid defects to the swimming pool.
WHEREFORE, Plaintiffs demand judgment against Defendants,
jointly and severally, in an amount in excess of $43,000 (Forty
Three Thousand Dollars), which exceeds the compulsory arbitration
limits; the imposition of treble damages and reasonable attorney
fees under the UTPCPL, 73 Pa.C.S. ~ 201-9.2(a), which exceeds the
compulsory arbitration limits, and costs and interest as provided
by law.
Count IV:
Breach of Express and/or Implied Warrantv of
Merchantability
23. The averments set forth in para,graphs 1 through 22 are
incorporated herein by reference as if fully stated.
24. In executing the written contract with the Plaintiffs,
8
the Defendants expressly and/or impliedly warranted that the
aforesaid swimming pool would be of merchantable quality, that it
could pass without obj ection in the trade under the contract
description and that it was fit for the purpose intended, that is,
for use as a swimming pool.
25. As alleged above in paragraph 7, which averments are
incorporated herein by reference, the aforesaid swimming pool was
not of merchantable quality, did not conform to the contract, could
not pass without objection in the trade under the contract
description, and was not fit for the purpose intended, that is, for
use as a swimming pool.
26. Defendants breached the express and/or implied warranty
of merchantability as to the aforesaid swimming pool for the
reasons alleged above.
27. As a direct and proximate result of the breach of the
express and/or implied warranty of merchantability by Defendants,
the Plaintiffs have sustained damages in excess of $24,000 (Twenty
Four Thousand Dollars) and will sustain further damages in excess
of $19,000 in order to repair and remedy the aforesaid defects to
the swimming pool.
9
WHEREFORE, Plaintiffs demand judgment against Defendants,
jointly and severally, in an amount in excess of $43,000 (Forty
Three Thousand Dollars), which exceeds the compulsory arbitration
limits, together with costs and interest as provided by law.
ULLY SUBMITTED:
~
William C. Costopoulos, Esquire
George Costopoulos, Esquire
COSTOPOULOS, FOSTER & FIELDS
831 Market Street/p.O. Box 222
Lemoyne, PA 17043
Phone: (717) 761-2121
ATTORNEYS FOR PLAINTIFFS
DATED: October 20, 2004.
10
VERIFICATION
I verify that the statements made in the foregoing document
are true and correct to the best of my knowledge, information and
belief. I understand that false statement!! herein are made subject
to the penalties at 18 Pa.C.S. !l 4904 relating to unsworn
falsification to authorities.
"
Dated: October
J.i)
, 2004.
11
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9(tboubling Gap Rd.
Newville, PA 17241
(717) 776,-4p93
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BUYER agrees to purchase and SELLER agrees to sell the following swimming pool materials, equipment and accessories upon
the terms and conditions stated herein.
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I. SELLER'S OBLIGATION:
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A. The Seller agrees~J~rtf~'~~~i'ted~:prei~'iy Install the swimming pool materials, eql.ll ment and accessol1es aCCOrdlf1g}o!hIS co,~t'!lot,_'" The IOIl~~I~,nq,.!~au CO,' rlstlt~~a
complete Instatlatlon: excavation of pool' site, re~ve excess fill, erect panels, supply an ' t ancj;;, nlt~i',. ',: ter,iXltiii, JaII\tr1, \i.W.!p\ottfb,~,tU~,\ll,' ,!"Q.~
connect all plumbing nnes from pool to Illter, ass ble pump valvel and connect the f . II and 16uaWgr&a'e wTtRtnfour"Teet \round poor, tast
P9Q~ water for water circulation and SkJmme~, p~ra on, I:l~tall acceSS,ories according to ," ~l~!\1(a~\1i\ ~\",rr.i fj"t::"';" t;,:', 'iV~ ~. '\I'i'):-,: ';r ,~\~.,
;,'~~"lt'B~yer r~q~ests ~eHen~p~rfonn~_~,I~~naw ,and II. _ . willing toperfo ; '.. ,l:ne1fllyeragrees to pay tffe mller for the addldonal work as
follows:" .(1) The 5eTIers actual cosCorsu- ntract;.. -r;'1Tiile!IS, and equipment; (2) The payroll taxes and Insurance on all labor; (3)Sa18s tax on all materials and
.q,Ulp",m,.,n,,',',,(,4) S"U P,.rv, 1.10 n, ~5)"Tw,.n,.ty-fIV., p. ree" n,l,' or, 'S.,.ller' .ove"":',, ',ad and, P,ro", f,lt.A',I"m. on le,"',o"r .,d,d, Id, o,nlll,wo~',h.llb,. du..n, d,pe,y.able as th"., wo, r.k "pro,g, res,..,.,
cdnci)~r&;htly_,.y.tith tb.e oth~t.p e.s,~ments. Addltlonal,WOrk shall:',lud ,s n9-;II~ite(t.,to (a) any modlllcatlo' q!Jested b~hf:l,-:eUyer; (b) refno~'-or rer~~ng of
S(!bs~j'fac;~ tl!Rl!S ,-~(~ntlltij '. lb1:f~s~PI1~k1.lJI 1!1l~. .~ IS)'!lMl}'n!!,~I1~d eJ~~.rlc:a1 (:a,ble, . ~hO~.. ,.to.!~~n~,~~~tlhJljIst~lIatlon;(cl
woDEJreqtlirema81 a result of nonapparent or subsurface,ground co . .... .,., .8S- ground water, hard pan, sh;!lle, ~ock, or ~her like.. aterlal or, conditlons'-Bn,oountered in
~~~~"I~::on _, ~~~Ch"reqU~,~e,~' 'h. u.. of i1quip~.ntlolh.r ~~no, rdln." h',' n, d tOOl',' .nd ~w,~r .xeevetion .qulprn.nt .,~Ch ~.,rector;typ. ~'~~,oe"s',' (~) \~l"I.~lnC'1 wol1<
.' c>:w\~'Nfl,f56!., ;geJJeLwa[rarit~(j~staITa}lQtf10~.~lcf.,Jed~~:IL~lrk~msHftJOLa, perlo,d of onefyearAl'Om vrJtallatIQ(f. TIle Jell~~aKesno'Otherwarranty.
exp-h!lSfi'\6i:1lm~ll'd, .lncludlng With, out limitation a, ny warranty of me, rotllllltllll1llty or fltn.ss lor. p.nlcul.r purpo... Swimming pool m.'.n.I..lqulpm.n'a.d'.cc."orl.'
covered by this agreement carry th~ manulacturer's warranty nty. .
;c!-h~;:';:"~"\_":.)f' >rl"; h~~.I~:iJ\UPS: .;:;l!~!i6i1;;rf! klC.~q t!fif;'ilml".ii,'~ -',(i; ii"~ ;'\""
,<; II. BUYER'S OBUG~TIONS: i:
A. 1!i.,IIIl1elrNTE~esT, S.lIer r.teln.lttl. to .n6..'iilo.W.urJ.h~ ~n.y ,~IljiJlllnl.re~ Ir\"Ii'llll"I~ll\I~' ~quIP~.nl.nd,~cCeS,'o,rl'~ji.O\.red ~*!h!",gr.~I)I.n.!
(hereaft3JtJil:t\,'';I~. ~y'r-repre8ents-and'wafrants~~h);~liltera~lla1'tl1'Chai~ind'IS"tO~~d"P'1mii11Iy..rOf-person&0~rtiltY'Or .Househo1d'purpa-teiJ;' 'i!iuyb"!" also
agrees- that In whatever manner the collateral shaH beoome 'a~ached to real 'estate it s~'foi.Ro..t become a fixture Of part of' real estate but Shall...bund remain personal
property;.Buyer shall not offer to sell, transfer, abandon or encumber i~e collateral offie preml~~ to which ,~;r~e:'!l~r bec;omeanached nor remQveTthecollateral,from",sald
premlS1fS"Wlthoutlhe prlorconsent ofth~eller;'-%"-",'--'-""-'" ---"-"',. . . _ ,.. .'-
B. BU:yeR DEFAULT. Buyer shall .. . in default upon :~;happe1trao ,an", .the following ~ve ts,A~L oncollance wit or nonperfo~nce o. any of the Buyer's
obllgatl~~~, o~ agreements .Inc,i~dlngwlt~, .1~TTt~!~," .,!i'~iI'" '0 punctu'II\f'.R.~~~ym."'f'"~ ~rov~~q h;'~lln. ~~mlsr.p(.'"\t.tion or ml .~51 ~~ connel'!lon,wllh
this agreemelif,-'(c) suti's!anllal damage, stn:fi5"f1oryt' ir"O~~I'itt:Jmbral'tC8~r~~Xeollaterar'tlf"'th;~reml;ts-to~ibfl)amelnaY*become a aohe~~~e' maklhg"bf any
I.vy. ..Izur. or .tt.chm.nl 'h.r.of or 'h.r.on. (d) !th or In.olv.ncy ot .sslgnm.n' for b.n.tlt 01 cr.dltcrs by or the eomm.neem.nl 01 .ny proc..dlng und.r .ny
bankruptcy or insolvency law by or against Buyer,(e)'such a change In the condition or affairs, flnanclafor otherwise, of the Buyer as in the good faith Judgment of the
SellerJlmpalrs his security or Increases hIS risk. . .5tmGt7\'!)'!:.~>;1!,I!I"),"'" "\ ..-.
C. SELLER RIGHTS & REMEDIES C)N BUYER DEFAULT. Upon d~fflIIit'BfJye~lW'iJd1non to any 'eIther rights or remedies provided by law, Seller may exercise
the rights andremed,les 0, I a secured party under, Ih.U,..,..-lfo,rm, Gomm. rCI., ,I God e, inclu,dlngb,ut not 11m . Itedtot~," nght, without leoal,p,;" .. "',0 .i.'.~th. ,P r.m lses Wh, ere the
collateral may be fO~. tI repossess same. ~houldJh~ Buyer, prior b,oommencement of installation or If Irl~lIatlo~l8"pot inclu ed, then .~. r.. 0 delivery, e~h~r J8ncel
this agreemen~r QE unable lor any reason to perfonn same, Seller may at his option recover from the}~IY.r .'Iv:tu~ted da. 'CllI ~.J:a' a ooll1stl~rred ~n~s any
deposit made fienfune . NO':walver by th8-Se1l1WihBtl13P8T81e'-as,-~wa:lveT'ot"any"other 'or1uture~default'lnlh-ei"ventthls agreement shaUb "1a cfiMth:Bn atto~ey for
cqllec,tIOI)~Uyef.",~r8f:s~payallcostsofcollection.lricludl~greaS(lrBJ:)1e:,atto.mey'stees. . \, \ .... - : .'
_.0.1 _A9~~I~~ttf~~.~ CONDIT~~.~~.:,_~,_I!. un~8r~~od ~~.~gre!:d_.th_~_tt,h~ te~~ and__~n~itl~ns e,f ttlis~greement +hIC""'!Jl}6 ~olely t(Nn~)I.!I'-tionish!l~1 only
apply wliere lnsfalrBtlon lslncluded': No waiver or1l15BTtrclillOi1'1ii,nall15eeffecllve unless In wiitlng. The, terms--'Buy~r. in'lf .'Setler: Incllide the heirs, El;xecutors,
adtl'llnlstrAtors,stfc,opqors'and assigns of those partles.lfmoteJhan one Bl,Jy~r:executes this agreement, thell' undertaklng$aU be Joint and se";-pral.
, 'E_~~~'I~.~U1!~~.res~1v!!llrees and ~1l~!l~t~J.()~PI~~~~f!~~~~~n!tY!!m:,h.~!i^f,~!I:~_()()peratl()n',111 t~e c;ar~ln~L'~lJt,()f t~ls~on~~r4!he B~y~1 fl,lr:Uter agre:fJ~thaflf\l th(t event
h. wi. ,h. '. . ddlti on. I,W, 011<, <.P!!" .,' dpn,. e he WIlI.lg".n . n,.Xl rewo" '. _rkO, ,rd" e'''',r '0,' be ",P.c8,ld"."cc, ,O"rdi,ln- . ',to, I. B~.''', ~tiI,n.d ,.., ,belve.Tn, " BUY, .r6,y 'hi" ~'S..II",{ ,n n~a:ture' b. In~ 0 nl, ~,.i'\tron',,&ide, fi.r. by
ex\?resslt"8tgr8e(r4nf~qo~~n,t~ to provIde the Seller wIth Ingress and:egtu.~'t'. 't, < . .~l~~earid" ereb~ hold'l th" Seller harml~{w re,ason . . e f:iarn~,ge ,tparlY' lawn,
'h(U~~ .nd'M...e'!l!orJh. ~iJQYIo ..Id l"i 1_'nd,g[lllk1b':BUY'C!UJlllK(~/l,,'. .,ll~' gr.~. 00110 100""") il\:l!gr~ilI qt.IIj. WOtk ny.tn."~.~lncIUdlll!l,but not
limited to performing t!!l!!Y wort on the po<l~,.~':' I', "~ :',se"I~ ,... ',l,~,'1Jl .IIIII,rllll'hl'~, at,'I, and *ulpm .nl. by not ln~~'rfe ~ng In an~. ma,nner w,lt,~,I,~~~~m. no", t"he Selle,f a, nd by
m.klnll'~.Y)l1.nts R"OC)ll.lIy .. r.qUesled~y thOilell.r. ',L.. J , ' ' '1, ."" " \. : '\.. \ ,j \
F. TIl..lldy.1 h.I.b-y,agr... .nd\Jn~Ot.'ii"~.,t!lIPh~Lth.tJ.,.con. uslngth. VIOYlh~I;n~Yb,~pullotOrecl. d,l"tllUyj~t .ld.llner'l.\oipuriCtured due 10
no faul!.,of the Sell~~ th(8,B, uyer here~ e".pressly wH[fJes ~ claim against the Seller or the ~~Ufl"c~,du, '{if any puncture that ml,g~(.rur due '0 no,' fault df'1,he Seller
or m.hutect.iltpr. ,.0 {' ('> 'y,' ~ i;1 - \01 ", 'j (.1 . (
"..."" . 'L ,'J ... ....... "..........,.,"."',".",P"'."'...,~,iF~,".',.,., .~I".,..,,',",.,'. ',-";~, " .,',"',.., ."'~" c~T4X'.-+-.- -- ('" ..
" .'.'. '1II.0THE~IEBM'.SAff[)''C<i>.Nf)ITlio-NS: ';: \ ,"\' ;;fv'
~. " ,1\ \ \
A::', . '.. .h.1I lumi.h ~ulldlng p.rmll. 'I.Ctll~ W:.t~l.dd\lIdn'!JUIJf r.~UI!@~. 'i.I'9tri\;.1 Qonn.9110~S 1I\'djl)1 i.I.&rlc.1 ~Otk, B.uy@r .ec.pts
responsl Ill., ~ .Items.-- . -.- ,'.. "'.""'" 'l l..J! j /1 1 , ,.., !-
!B>'\SI1E,.PRI!t'A'R}.1ION & RESTORATION>,Buyer shall be responsible for site preparation 'Includln'l removal and/or protection of trlles or other vegetation and
remo\la~ o~:pl'pe 1Ib.s(or ~ttter ir11provement~ pff~lf~dr,,9~ ;the Installation and shall be responsible for any landscap~n:-~, ~f r,~sto~l:l~n ",?,f, the. ~,~nds exc,~~t, ,a,s. expre~~~r
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V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 04-144 CIVIL. TERM
: CIVIL ACTION - LAW
JOHN SPAYD and
VICTORIA SPAYD,
Husband and Wife
AQUA BLUE POOLS and
JOSEPH S. RUDA
IN RE: DEFENDANTS' PRELIMINARY OBJECTIONS
Before HOFFER. P.J.. OLER, J. and GUIDO. J.
ORDER OF COURT
AND NOW, November {9J ,2004, the preliminary objections filed by
defendants are declared moot and dismissed. At oral argument, by the
agreement of the parties, plaintiff agreed to file an amended complaint. Such
amended complaint was filed on October 21, 2004.
v4Iilliam C. Costopoulos, Esquire
George Costopoulos, Esquire
831 Market Street, PO Box 222
Lemoyne, P A 17043
For the Plaintiffs -J
vfJale F. Shughart, Jr., Esquire
35 East High Street, Suite 203
Carlisle, PA 17013
For the Defendants
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JOHN SPAYD and
VICTORIA SPAYD,
Husband and Wife,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COl.:NTY, PENNSYL VANIA
v.
CIVIL ACTION - LAW
AQUA BLUE POOLS
And JOSEPH S. RUDA,
Defendants
NO. 04-144 CIVIL TERM
ORDER OF COURT
AND NOW, this 18th day of July, 2005, upon consideration of the Petition for
Leave of Court To Withdraw Appearance Pursuant to Pa. R.C.P. 1012, a Rule is hereby
issued upon Plaintiffs and Defendants to show cause why the relief requested should not
be granted.
RULE RETURNABLE within 10 days of service.
BY THE COURT,
J.
~l1iam C. Costopoulos, Esq.
831 Market Street
P.O. Box 222
Lemoyne, P A 17043
Attorney for Plaintiffs
J:?ale F. Shughart, Jr., Esq.
35 East High Street
Suite 203
Carlisle, P A 17013
Attorney for Defendants
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JOHN SPAYD and VICTORJA SPAYD,
husband and wife,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
Plaintiffs
v.
: NO. 04-144 CIVIL ACTION -LAW
AQUA BLUE POOLS and
JOSEPH S. RUDA,
Defendant
: JURY TRIAL DEMANDED
PRAECIPE FOR WITHDRAWAL OF APPEARANCE
To the Prothonotary:
Pursuant to Order of Honorable J. Wesley Oler, Jr. dated July 29, 2005, please withdraw
my appearance on behalf of Aqua Blue Pools and Joseph S. Ruda, Defen
e F. Shughart, Jr.
Attorney I.D. No. 193 3
35 East High Street
Carlisle, PA 17013
Date: August 3, 2005
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To: Plaintiffs
You are hereby notified to file a written
response to the enclosed New Matter within
twenty (20) days from service hereof or a
judgment may be entered against you.
JOHN SPAYD and VICTORIA SPAYD
Husband and Wife,
Plaintiffs
By:{/t~
: IN THE COUR OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
v.
: CIVIL DIVISION LAW
AQUA BLUE POOLS and
JOSEPH S. RUDA,
Defendants
: NO. 04-11/4
ANSWER WITH NEW MATTER OF
DEFENDANTS AOUA BLUE POOLS AND JOSEPH RUDA
Answering Defendants, Aqua Blue Pools and Joseph Ruda, (hereinafter
"Answering Defendants"), by and through their attorney, John J. Mangan, hereby file
their Answer with New Matter and Counterclaim to the Amended Complaint of John
Spayd and Victoria Spayd, (hereinafter "Plaintiffs") and in :mpport thereof aver as
follows:
I. Denied. After reasonable investigation, Answering Defendants are without
sufficient knowledge or information to form a belief as to the truth of the averments
contained in the corresponding paragraph and strict proof thereof is demanded at the time
of trial.
2. Denied. The averments in this paragraph are conclusions of law to which no
response is required under the Pennsylvania Rules of Civil Procedure; therefore, they are
deemed denied. Alternatively, to the extent that a response is required, Answering
Defendants specifically deny that Aqua Blue Pools' main place of business is located at
945 Doubling Gap Road, Newville, Cumberland County, Pennsylvania 17241.
3. Denied. Answering Defendants specifically deny that Joseph S. Ruda resides at
945 Doubling Gap Road, Newville, Cumberland County, Pennsylvania 17241.
4. Admitted in part; denied in the remainder. It is admitted that a copy of the alleged
contract was attached to Plaintiffs' Amended Complaint. The remaining averments are
conclusions of law to which no response is required under the Pennsylvania Rules of
Civil Procedure; therefore, they are deemed denied.
5. Admitted.
6. Denied. The averments in this paragraph are conclusions of law to which no
response is required under the Pennsylvania Rules of Civil Procedure; therefore, they are
deemed denied. Alternatively, to the extent that a response is required, Answering
Defendants specifically deny that the swimming pool was defective, unusable and would
require major repairs.
7. Denied. The averments in this paragraph are conclusions oflaw to which no
response is required under the Pennsylvania Rules of Civil Procedure; therefore, they are
deemed denied and strict proof thereof is demanded at trial. Answering Defendants
rendered all services in a proper, professional and workmanlike manner, and that nothing
that Answering Defendants did or failed to do caused or contributed to Plaintiffs' alleged
damages.
8. Denied. The averments in this paragraph are conclusions oflaw to which no
response is required under the Pennsylvania Rules of Civil Procedure; therefore, they are
deemed denied and strict proof thereof is demanded at trial. Answering Defendants
rendered all services in a proper, professional and workmanlike manner, and that nothing
that Answering Defendants did or failed to do caused or contributed to Plaintiffs' alleged
damages.
9. Denied. The averments in this paragraph are conclusions oflaw to which no
response is required under the Pennsylvania Rules of Civil Procedure; therefore, they are
deemed denied and strict proof thereof is demanded at trial. Answering Defendants
rendered all services in a proper, professional and workmanlike manner, and that nothing
that Answering Defendants did or failed to do caused or contributed to Plaintiffs' alleged
damages.
10. Denied. The averments in this paragraph are conclusions of law to which no
response is required under the Pennsylvania Rules of Civil Procedure; therefore, they are
deemed denied and strict proof thereof is demanded at trial. Answering Defendants
rendered all services in a proper, professional and workmanlike manner, and that nothing
that Answering Defendants did or failed to do caused or contributed to Plaintiffs' alleged
damages.
Count I. Breach of Contract
11. Answering Defendants hereby incorporate their responses to paragraphs 1 through
10 of the Complaint as fully as if the same were set forth at length herein.
12. Denied. The averments in this paragraph are conclusions oflaw to which no
response is required under the Pennsylvania Rules of Civil Procedure; therefore, they are
deemed denied.
13. Denied. The averments in this paragraph are conclusions oflaw to which no
response is required under the Pennsylvania Rules of Civil Procedure; therefore, they are
deemed denied and strict proof thereof is demanded at trial. Answering Defendants
rendered all services in a proper, professional and workmanlike manner, and that nothing
that Answering Defendants did or failed to do caused or contributed to Plaintiffs' alleged
damages.
14. Denied. The averments in this paragraph are conclusions of law to which no
response is required under the Pennsylvania Rules of Civil Procedure; therefore, they are
deemed denied and strict proof thereof is demanded at trial. Answering Defendants
rendered all services in a proper, professional and workmanlike manner, and that nothing
that Answering Defendants did or failed to do caused or contributed to Plaintiffs' alleged
damages.
15. Denied. The averments in this paragraph are conclusions oflaw to which no
response is required under the Pennsylvania Rules of Civil Procedure; therefore, they are
deemed denied and strict proof thereof is demanded at trial. Answering Defendants
rendered all services in a proper, professional and workmanlike manner, and that nothing
that Answering Defendants did or failed to do caused or contributed to Plaintiffs' alleged
damages.
WHEREFORE, Answering Defendants demand that Plaintiffs' Amended
Complaint be dismissed and that judgment be entered in their favor, together with
reasouab1e counsel fees and costs.
COUNT II. NEGLIGENCE
16. Answering Defendants hereby incorporate their responses to paragraphs 1 through
15 of the Amended Complaint as fully as if the same were set forth at length herein.
17. Denied. The averments in this paragraph are conclusions of law to which no
response is required under the Pennsylvania RuIes of Civil Procedure; therefore, they are
deemed denied and strict proof thereof is demanded at trial. Answering Defendants
rendered all services in a proper, professional and workmanlike manner, and that nothing
that Answering Defendants did or failed to do caused or contributed to Plaintiffs' alleged
damages.
18. Denied. The averments in this paragraph are conclusions of law to which no
response is required under the Pennsylvania RuIes of Civil Procedure; therefore, they are
deemed denied and strict proof thereof is demanded at trial. Answering Defendants
rendered all services in a proper, professional and workmanlike manner, and that nothing
that Answering Defendants did or failed to do caused or contributed to Plaintiffs' alleged
damages.
WHEREFORE, Answering Defendants demand that Plaintiffs' Amended
Complaint be dismissed and that judgment be entered in their favor, together with
reasonable counsel fees and costs.
COUNT III VIOLATION OF THE UTPCPL
19. Answering Defendants hereby incorporate their responses to paragraphs 1 through
18 of the Amended Complaint as fully as if the same were set forth at length herein.
20. Denied. The averments in this paragraph are conclusions of law to which no
response is required under the Pennsylvania RuIes of Civil Procedure; therefore, they are
deemed denied and strict proof thereof is demanded at trial, Answering Defendants
rendered all services in a proper, professional and workmanlike manner, and that nothing
that Answering Defendants did or failed to do caused or contributed to Plaintiffs' alleged
damages.
21. Denied. The averments in this paragraph are conclusions of law to which no
response is required under the Pennsylvania Rules of Civil Procedure; therefore, they are
deemed denied and strict proof thereof is demanded at trial. Answering Defendants
rendered all services in a proper, professional and workmanlike manner, and that nothing
that Answering Defendants did or failed to do caused or contributed to Plaintiffs' alleged
damages.
22. Denied. The averments in this paragraph are conclusions oflaw to which no
response is required under the Pennsylvania Rules of Civil Procedure; therefore, they are
deemed denied and strict proof thereof is demanded at trial. Answering Defendants
rendered all services in a proper, professional and workmanlike manner, and that nothing
that Answering Defendants did or failed to do caused or contributed to Plaintiffs' alleged
damages.
WHEREFORE, Answering Defendants demand that Plaintiffs' Amended
Complaint be dismissed and that judgment be entered in his favor, together with
reasonable counsel fees and costs.
COUNT IV BREACH OF EXPRESS AND/OR IMPLIED WARRANTY OF
MERCHANTABILITY
23. Answering Defendants hereby incorporate their responses to paragraphs 1 through
22 of the Amended Complaint as fully as if the same were set forth at length herein.
24. Denied. The averments in this paragraph are conclusions oflaw to which no
response is required under the Pennsylvania Rules of Civil Procedure; therefore, they are
deemed denied and strict proof thereof is demanded at trial. Answering Defendants
rendered all services in a proper, professional and workmanlike manner, and that nothing
that Answering Defendants did or failed to do caused or contributed to Plaintiffs' alleged
damages.
25. Denied. The averments in this paragraph are conclusions oflaw to which no
response is required under the Pennsylvania Rules of Civil Procedure; therefore, they are
deemed denied and strict proof thereof is demanded at trial. Answering Defendants
rendered all services in a proper, professional and workmanlike manner, and that nothing
that Answering Defendants did or failed to do caused or contributed to Plaintiffs' alleged
damages.
26. Denied. The averments in this paragraph are conclusions of law to which no
response is required under the Pennsylvania Rules of Civil Procedure; therefore, they are
deemed denied and strict proof thereof is demanded at trial. Answering Defendants
rendered all services in a proper, professional and workmanlike manner, and that nothing
that Answering Defendants did or failed to do caused or contributed to Plaintiffs' alleged
damages.
27. Denied. The averments in this paragraph are conclusions oflaw to which no
response is reqnired under the Pennsylvania Rules of Civil Procedure; therefore, they are
deemed denied and strict proof thereof is demanded at trial. Answering Defendants
rendered all services in a proper, professional and workmanlike manner, and that nothing
that Answering Defendants did or failed to do caused or contributed to Plaintiffs' alleged
damages.
WHEREFORE, Answering Defendants demand that Plaintiffs' Amended
Complaint be dismissed and that judgment be entered in their favor, together with
reasonable counsel fees and costs.
NEW MATTER
28. Answering Defendants hereby incorporate their responses to paragraphs 1 through
27 of the Amended Complaint as fully as if the same were set forth at length herein.
29. Plaintiffs' Amended Complaint fails to state a claim upon which relief may be
granted.
30. Plaintiffs' claims based upon contract, if any, are unenforceable and barred as a
result of the failure of, or lack of, consideration.
31. Plaintiffs' claims are barred by application of the doctrines of waiver and/or
estoppel.
32. If Plaintiffs sustained damages as alleged, which averments of damages are
specifically denied, said damages were caused by the acts or omissions of persons or
entities other than Answering Defendants and over whom Answering Defendants had no
control or right of control and/or for whom Answering Defendants were not/are not
responsible.
33. Answering Defendants rendered all services to the party with whom they
contracted in a proper and professional manner, and the services were rendered in
accordance with the standard of care required by similarly situated pool installation
entities.
34. Plaintiffs' claims are barred and/or substantially reduced by virtue of any releases
or settlements that have been or will be agreed to be executed.
35. Plaintiffs' claims are barred and/or substantially reduced by their failure to
mitigate damages.
WHEREFORE, Answering Defendants demand that Plaintiffs' Amended Complaint
be dismissed and that judgment be entered in their favor, together with reasouable
counsel fees and costs.
Date:
r(~( (J-3~
John J..
Attorne for wering Defen ts
Attorney J.D. #87000
35 East High Street
Suite 204
Carlisle, P A. 17013
717-241-2446
Attomev VerificatioD
I, John J. Mangan, Esq., being duly affirmed according to law deposes and says
that he is the attorney for the Defendant, Joseph Ruda, in the within matter; that said
Defendant cannot make the verification to this Answers to Amended Complaint because
their verification cannot be obtained within the time allowed for service of the Answer;
that he has made diligent inquiry of the Defendant and upon information and belief, the
facts set forth to be true.
Date: 1/~(() ~
--
Jo
JOHN SPA YO and VICTORIA SPAYD
Husband and Wife,
Plaintiffs
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
v.
: CIVIL DIVISION LAW
AQUA BLUE POOLS and
JOSEPH S. RUDA,
Defendants
: NO.04-114
CERTIFICATE OF SERVICE
I, John J. Mangan, do hereby certifY that on this 2nd day of September, 2005, I caused a
true and correct copy of the foregoing Answer with New Matter on behalf of the
Answering Defendants, to be served upon the following persons by U.S. mail:
William C. Costopo1us, Esq.
Costopo1us, Foster & Fields
831 Market Street/P.O. Box 222
Lemoyne, PA 17043
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JOHN SPAYD AND
VICTORIA SPAYD,
Husband and Wife,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 04-1114
v.
AQUA BLUE POOLS AND
JOSEPH S. RUDA,
Defendants
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PLAINTIFFS' PRAECIPE FOR ENTRY OF JUDGMENT BY DEFAULT
TO THE PROTHONOTARY:
Kindly enter judgment by default against the Defendants, Aqua
Blue Pools and Joseph S. Ruda, in the above-captioned matter. By
Order dated July 29, 2005, the Court ordered the Defendants to file
a responsive pleading to the Plaintiffs' Amended Complaint within
twenty (20) days of the date of mailing by the Prothonotary. It is
believed and averred that the date of mailing was August 1, 2005.
In addition, I hereby certify that notice of the entry of
default judgment was given to the Defendants pursuant to Pa.R.C.P.
237.1 by mailing it to them directlY]AU9Ust 23. 2005.
the Order and the Notice are attaChjlhereto.
Copies of
BY:
William C. Costopoulos, Esquire
COSTOPOULOS, FOSTER & FIELDS
831 Market Street/p.O. Box 222
Lemoyne, PA 17043
Phone: (71 7) 761 - 2121
ATTORNEY FOR PLAINTIFFS
DATED: September 7, 2005.
CERTIFICATE OF SERVICE
I, William C. Costopoulos, Esquire, attorney for Plaintiffs,
do hereby certify that a true and correct copy of this PRAECIPE was
served on the Defendants by placing same in the United States Mail,
first-class postage prepaid, on the below date and addressed as
follows:
Aqua Blue Pools
Joseph S. Ruda
65 Derbyshire Drive
Carlisle, PA 17013
BY:
William C. Costopoulos, Esquire
COSTOPOULOS, FOSTER & FIELDS
831 Market Street/p.O. Box 222
Lemoyne, PA 17043
Phone: (717) 761-2121
ATTORNEY FOR PLAINTIFFS
DATED: September 7, 2005.
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JOHN SPAYD AND
VICTORIA SPAYD,
Husband and Wife,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 04-1'!4
v.
AQUA BLUE POOLS AND
JOSEPH S. RUDA,
Defendants
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT
TO: AQUA BLUE POOLS
JOSEPH S. RUDA
<C~~t
DATE OF NOTICE: AUGUST 23, 2005
IMPORTANT NOTICE
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 10 (TEN) 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.
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:
_.."""..,~,-_,,~,'::T'~- _m._.__
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
PHONE: 717-249-3166 OR 800-990-9108
FURTHER, BY ORDER DATED JULY 29, 2005, THE HONORABLE J. WESLEY
OLER, JR., JUDGE OF CUMBERLAND COUNTY, DIRECTED THE DEFENDANTS TO
FILE A RESPONSIVE PLEADING TO THE AMENDED COMPLAINT, IN ACCORDANCE
WITH PA.R.C.P. 1026 AND PA.R.C.P. 248, WITHIN TWENTY (20) DAYS OF
THE DATE OF MAILING BY THE PROTHONOTARY OF THE ORDER GRANTING DALE
F. SHUGHART, JR., LEAVE TO WITHDRAW.
A COPY OF THE ORDER IS
ENCLOSED.
BY:
William C. Costopoulos, Esquire
COSTOPOULOS, FOSTER & FIELDS
831 Market Street/P.o. Box 222
Lemoyne, PA 17043
Phone: (717) 761-2121
ATTORNEY FOR PLAINTIFFS
DATED: August 23, 2005.
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JOHN SPAYD AND
VICTORIA SPAYD,
Husband and Wife,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 04 - 1tt 4
CIVIL ACTION - LAW
vs.
JURY TRIAl, DEMANDED
AQUA BLUE POOLS AND
JOSEPH S. RUDA,
Defendant
ORDER OF COURT
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AND NOW, this 2~-day of July, 2005, with the concurrence of
William C. Costopoulos, Esquire, attorney for the Plaintiffs, and
the Defendants Joseph S. Ruda and Aqua Blue Pools, Dale F.
Shughart, Jr., Esquire, be and is hereby granted leave of court to
withdraw his appearance as attorney of record for Joseph S. Ruda
and Aqua Blue Pools.
The time for the Defendants to file a
responsive pleading to the Amended Complaint, in accordance with
Pa.R.C.P. 1026 and Pa.R.C.P. 248, shall be twenty (20) days
commencing with the date of mailing by the Prothonotary of this
Order granting Dale F. Shughart, Jr. leave to withdraw.
By the Court,
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cc Dale F. Shughart, Jr., Esquire
Joseph S. Ruda, t/a Aqua Blue Pools
William C. Costopoulos, Esquire, Attorney for Plaintiffs
In r~UE COPY FROM RECORU
:f\ T fitlmony wh8reot. I here unto sat my hand
:"illhe INI eI said ~ at CarlIsle Pa
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