Loading...
HomeMy WebLinkAbout08-2389a COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No.08 -x; A9 PILI, NOTICE OF APPEAL __relLrn Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. ADDRESS OF APP LANT C(TY STATE ZIP CODE DA OF J MENT IN THE CASE OF (Plaintiff) W N e N AL (De%rManf}' 4 A3 L ?? ?? Ca,r+ruL CLAA6: Mtc 14EL NaC&. Va jKr,5Hfv l1ALA DOCKET No. SIGNATURE OF APPELLANT OR ATTORNEY OR AGENT ?C This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. Signetun of Prothondwy or D" If appellant was Claimant (see Pa. R.C.P.D.J. No. before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE 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.R.C.P.D.J. 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 g/r5 14 (N I-At-A Enter rule upow- appellee(s), to fife a complaint in this appeal Name of appellees) (Common Pleas No. Q to - g3 j89 0jI,'J' ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. /-?. Signature of appellant or attorney or agent RULE: To f 41J }?k? ?fjyfl , appellee(s) Name of appellees) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: a , 20 nip\ "? IL? '.-P, VSi9tWLft_R_ofProdxwda or YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE - COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW - APPELLANTS COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF , ss AFFIDAVIT: I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas , upon the District Justice designated therein on (date of service) , 20 , ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) on ,20 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF 20 Signature of affiant Signature of official before whom affidavit was made Title of official My commission expires on 20 V' rv 0 0 c? -n n? r{, M C: w M .• ? COMMONWEALTH OF PENNSYLVANIA ; rr?1 IniTV nF r;CUMBERLA)oTD Mag. Dist. No.: 09-3-05 MDJ Name: Hon. MARK MARTIN Address: 507 ; N YORK ST MECHANICSBURG, PA` Telephone. (717) 766-4575 17055` ATTORNEY 'FOR NAXN* bEFEUDA?/T DERREK W. CUMMINGS 127 FINANCE BLD 2041 HERR ST HARRISBURG, PA 17103-1624 NOTICE. OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and A,DDRESS rLALA, KISHEN 7 CANTERBURY CT MECHANICSBU'RG, PA 17050 L _J vs. DEFENDANT: NAME and ADDRESS rNACE,, MICHAEL A. 359 ' PLEMANTVIEN BD NEW CUMBERLAND, PA 17070 L J Docket No.: CV-0000024-08 Date Filed: 3/05/08 CROSS COMPLAINT 001 THIS IS TO NOTIFY YOU THAT: FOR_.P.W-RTIFF_ _ _ .r,.... - ._._ ._., ---(Date-of Judgment) ® Judgment was entered for: (Name) LALA, ILiLblign ® Judgment was entered against: (Name) MACE, MICHAEL A 4 050.5 in the amount of $ , F] Defendants are jointly and severally liable. Damages will be assessed on Date & Time - - - 0 This. case dismissed without prejudice { Amount of Judgment Subject to Attach ment/42°Pa.C.S. § 8127 F] Portion of Judgment for physical damages arising out of residential lease Amount of Judgment $ 4,000.00 Judgment Costs $ 50.50 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 4,050.50 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 PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTlTRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUQCES _I THE w -= =r`" ?'"-JODQMENT`fii0?7E'fi?LfC'r5'"1'?P?EFt'Ti-lE"`JU F"Cli?f RT?IER`P?Rf1?E S 111?1ST ?,: , COME FROM THE COURT OF COMMON PLEAS AND NO'FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. 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 MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. Vb Date Magisterial District Judge I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date My commission expires first Monday of January, 2012 , Magisterial District Judge SEAL ' AOPC 315-07 ,.1 09-3-05 MW Name: Hon. VASE KARTIN Address: 507 N YORK ST MECEMICSBURG, PA Telephone: (717) 766-4575 17055 ATTORNEY FOR PLAINTIFF : rNACB, NICHAEL A 359 PLEASANTVIZW RD NEW CUMBERLAND, PA 17070 L VS. DEFENDANT: NAME and ADDRESS IM A, =ISHEB 7 CANTERBIIRY CT NZCHANICSBURG, PA 17050 L J I DERR'8a N. CMIXINGS 127 FINANCE BLD Docket No.: CV-0000024-08 2041 HERS ST Date Filed: 1/28/08 HARRISBURG, PA 17103-1624 THIS IS TO NOTIFY YOU THAT: LALA, SISHEN DBF 001 DISX10S.ED -W/O- PREJUDICE -- - (Date ofJUdgmidfit) /17f-08 ' _- __ Judgment: n Judgment was entered for: (Name) F] Judgment was entered against: (Name) in the amount of $ 1-1 Defendants are jointly and severally liable. F] Damages will be assessed on Date & Time ® This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 F1 Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment $ .00 Judgment Costs $--00 Interest on Judgment $ .00 Attorney Fees $ r-130 Total $ .001 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 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. ?? ?XCEP_L?4S OTHERWISE PROYInFD1N THE RULEc OF_`,; V RQCEDLRE FOR mar?STFR.LdL_?cTR?CT,)? D - c l T? - _ _ DilAMOll PLEA3,'ALL Ft)R 1 f1ER PROCESS MUSS, COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAYBE ISSUED BY THE MAGISTERIAL DISTRICT 'JUDGE. UNLESS THE JUDGMENT IS ENTERED INTHE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION' WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR "OTHERWISE COMPLIES WITH THE JUDGMENT. Date gisterial District Judge s I certify At this is a true and correct copy of the record of the proceedings containing the judgment. Date , Magisterial District Judge My commission expires first Monday of January, 2012 SEAL AOPC 315-07 DATE PRINTED.: 3/17/08 9:35:00 AIL k ? N ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Lq L4 2. Article Number (rr rww from aeMw bw 7004 A. Sign u X 0 Agent 0 Addressee B. Received by (Printed Name) I C. Date of Delivery D. Is delivery araddres"s em 1? .13 Yes If YES, enteow'. ' 17 No cC ? < a Owl 3. Service Type LM% {?;errmea Mail ? Express Mail 0 Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. A Restricted Delivery? (Extra Fee) 0 Yes 1350 0002 4779 1512 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 PHU0V OF L-KMjt V?- NV I IC.C Vr ArPCAL Anw lCVtc r v rrcc vvmr ?nn? r (This proof of service MUST BE FtLE0 tNfTHW TEN (10) DAYS AFTER filing of the notice of appeal Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF C,;, en D,QR? 'A (\'b ; ss AFFIDAVIT: 1 hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas 08-13 b9 , upon the District Justice designated therein on (date of service) 4jr e,-f t .f 20 v 118 , LX by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) ' K i y e (.ti LA on A p a \ t s- 2008 ? by personal service by (certified) (registered) mail; sender's receipt attached hereto. (SWORN) (AFFIRMED) AND BSCRIBED BEFORE ME THIS n? AY F art t- 2Q??. --JrAt"A?Ir? ?PEMKoWN th Signature of official v?s m A L Leslie A. Dobbins - Notary Pink Title of official MW toUt1111SS10N EXPIRES [Y0111t 1 .2011 My commission expires on 20 Signature of afant rJ C a rv - L n - t _ CO" 1MONWEALTH OF PENNSYLVANIA CORN T Y OF: CUMBERLAND Mag. Dist. No. 09-3-05 MDJ Name: Hon. MARK MARTIN Address: 507 N YORK ST MECHANICSBURG, PA Teiephone-. (717; 766-4575 17055 ATTORNEY FOR PLAENTERF- DERREK W. CUMMINGS 127 FINANCE BLD 2041 HERR ST HARRISBURG, PA 17103-1624 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS _ IALA, KISHEN 7 CANTERBURY CT MECHANICSBURG, PA 17050 L VS. DEFENDANT: NAME and ADDRESS rNACE, MICHAEL A 359 PLEASANTVIEN RD NEW CUMBERLAND, PA 17070 L Docket No.: CV-0000024-08 Date Filed: 3/05/08 CROSS COMPLAINT 001 4 (-Date of Judgment) 3.,/17/08 T, Judgment was entered for: (Name) U Judgment was entered against: (Name) in the amount of 4, A. 5 Defendants are jointly and severally liable. 1-1 Damages will be assessed on Date & Time D This case dismissed without prejudice. F] Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 S Portion of Judgment for physical damages arising out of residential lease S_ Amount of Judgment $ 4,000.001 Judgment Costs $ 50.50. Interest on Judgment $ 00 Attorney Fees $ . Total $ 4,050.50 Post Judgment Credits $ Post Judgment Costs $ j 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 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 MAGISTERIAL DISTRICT JUDGES, IF THE 4UDG'iU NT ftOL-DER ELr-A.?IS-TO-E-NTERTHE-JUDGMENT irfTHE C-OuRT OF-C-oNIMON-PLEAS, AiLL FUA EA PADZ -g-MU$T -- - COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE . 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 MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES. OR OTHERWISE COMPLIES WITH THE JUDGMENT. f 11-71 71, Date fvt !yj/ sic' Magisterial District Judge I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date My commission expires first Monday of January, 2012 LALA, KISHEN RACE, MICHAEL A , Magisterial District Judge SEAL AOPC 315-07 COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. Dist. No. 09-3-05 MDJ Name Hon. MARK MARTIN ,A 507 N YORK ST MECHANICSBURG, PA Telephone: (717 ) 766-4575 17055 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS FRACE, MICHAEL A 359 PLEASANTVIEN RD NEW CUMBERLAND, PA 17070 L - vs. DEFENDANT: NAME and ADDRESS iLALA, EISHEN 7 CANTERBURY CT ATTORNEY FOR PLAINTIFF : MECHANICSBURG, PA 17050 L DERREK W. CUMMINGS 127 FINANCE BLD Docket No.: CV-0000024-08 2041 KERR ST Date Filed: 1/28/08 HARRISBURG, PA 17103-1624 p THIS iS TO NOTIFY YOU THAT: LALA, KISHEN DEF 001 L'a SASSED N/O._PREJ[lDICE - (Date of Judgment) - ' ; ?/OS Judgment. F, Judgment was entered for: (Name) 17 Judgment was entered against: (Name) in the amount of $ F1 Defendants are jointly and severally liable. C Damages will be assessed on Date & Time '? This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § $127 $ Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment $ . 00; Judgment Costs $ • 001 Interest on Judgment $ 0 Attorney Fees $ . 00 Total Post Judgment Credits $ Post Judgment Costs $ ' 1 Certified Judgment Total $ i ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDG11M NT_HOL-6ER ELECTS TO ENEi THE JUDGMENT IN THE COURT OF C-0-MM&N-PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY MME A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL; SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. Date ?. ?,? , Mglsterial District Judge i certify ti at'Ns is a true aid correc- copy of the record of the proceedings containing the judgment. Date My cc- isslc. exNire, firs; f??onday of January, 2012 , Magisterial District Judge SEAL AOPC 315-07 KISHEN LALA, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-2389 CIVIL MICHAEL NACE, CIVIL ACTION -LAW Defendant : NOTICE TO PLEAD TO: Michael A. Nace, defendant You are hereby notified to file a written response to the enclosed Complaint within twenty (20) days from service hereof or a judgment may be entered against you. Turner & O'Connell By JI"fiurner, Esquire TURNER AND O'CONNELL 4415 North Front Street Harrisburg, PA 17110 717/232-4551 KISHEN LALA, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-2389 CIVIL MICHAEL NACE, CIVIL ACTION -LAW Defendant COMPLAINT 1. Plaintiff, Kishen Lala, is an adult individual residing at 7 Canterbury Court, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant, Michael A. Nace, is an adult individual residing at 359 Pleasantview Road, New Cumberland, York County, Pennsylvania. 3. On or about November, 2007, plaintiff hired defendant to remodel the basement of plaintiffs residence at 7 Canterbury Court. 4. Defendant agreed to perform said job for the amount of $4,620.00 labor plus materials. 5. An implied condition of the agreement between plaintiff and defendant was that the defendant would perform the remodeling work in a good and workmanlike manner. 6. The defendant commenced work on the project on or about November 15, 2007, and agreed to complete it before Christmas, December 25, 2007, including time required for carpet installation by a third party. 7. On or about January 4, 2008, the defendant informed the plaintiff that he was not willing to complete the job or make any repairs to the work already begun. The defendant failed to perform said work in a good and workmanlike manner in that there are numerous instances of improper plastering, framing and finish carpentry work which was performed improperly. 9. The defendant further failed to finish numerous items set forth on the List of Incomplete Tasks attached hereto as Exhibit A and incorporated herein by reference. Said list was previously provided to defendant. 10. The defendant further damaged ceiling tiles in the process of installation. 11. The defendant failed to properly finish wall surfaces and trim for final painting by plaintiff. 12. The defendant attempted to correct construction errors by using inappropriate materials (caulking) to cover up said errors. 13. The reasonable cost of removing the improperly installed materials and completing the project as contracted with defendant is $15,245.00. 14. The plaintiff paid to defendant the sum of $400.00 toward labor on the project. 15. The cost of completing the project exceeds the balance owing to defendant under the original agreement by the sum of $11,010.00. COUNT I - BREACH OF CONTRACT 16. The allegations of paragraphs 1 through 15 are repeated and incorporated by reference. 17. Defendant agreed to perform work on plaintiffs property, which constituted a legally binding contract between plaintiff and defendant. 18. Defendant did not fully perform as agreed. 19. Defendant's work was not performed properly, in a good workmanlike manner or in accordance with usual standards of construction. 20. Defendant had an obligation to perform the work in a good workmanlike manner and in accordance with usual standards of such construction. 21. Defendant breached his obligations under the agreement. 22. Plaintiff has fully performed his obligations under the agreement. 23. As a result of defendant's breach of the agreement, plaintiff has been damaged and will be required to have the remodeling properly repaired. WHEREFORE, plaintiff respectfully requests that this Court enter an Order against defendant in the amount of $11,010.00 plus interest and the costs of this action. COUNT II - VIOLATION OF THE UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW 24. Paragraphs 1 through 23 are incorporated herein as though fully set forth. 25. Under the Pennsylvania Unfair Trade Practices and Consumer Protection Law, 72 P. S. §2101-1 et M ("UTPCPL"), it is unlawful for a seller to engage in fraud or deceptive conduct which creates a likelihood of confusion or of misunderstanding. 26. Defendant violated the UTPCPL through his acts and omissions regarding the work on the plaintiffs residence in the following ways: (a) representing an ability to complete the work when such work was not within his capability; (b) purchasing items on plaintiff s account which were not materials intended to be incorporated into plaintiffs home; (c) representing an intent to complete the work. 27. Defendant made those misrepresentations knowing that they were false, or with total disregard for the truth. 28. At the time the plaintiff agreed to enter into the agreement with defendant, the plaintiff had reasonably relied on the information given to him by the defendant. 29. The plaintiff did not know, nor did they have reason to know, that: (a) it was not within defendant's capability to complete the work as agreed; (b) the defendant intended to purchase items on plaintiffs account which were not materials to be incorporated into plaintiffs residence; (c) defendant has no intention to complete the work. 30. The misrepresentations were material. 31. Plaintiff justifiably relied on defendant's misrepresentation, believing that he would complete the work as agreed. 32. The harm the plaintiff has suffered is a direct result of the defendant's failure to disclose material facts. 33. Defendant engaged in fraudulent and deceptive conduct that created a likelihood of confusion or misunderstanding. 34. As a direct result of defendant's actions, plaintiff has sustained damages as set forth above. 35. Pursuant to the Unfair Trade Practices and Consumer Protection Law, plaintiff is entitled to recover from defendant treble damages and attorney's fees. WHEREFORE, plaintiff respectfully requests that this Court enter an order against defendant and award damages in the amount of $33,030.00 plus additional trebled interest and the costs of this action. Respectfully submitted, J s H. urn&, Esquire TURNER AND O'CONNELL 4415 North Front Street Harrisburg, PA 17110 717/232-4551 Attorney for plaintiff Verification I verify that the statements made in the foregoing Complaint are true and correct. I understand false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. 4 -le&-- -- Kishen Lala Date: 0$ 0 2 2? CERTIFICATE OF SERVICE I, Stacey A. Fogle, secretary to James H. Turner, Esquire, hereby certify that I served a true and correct copy of the foregoing depositing same in the U.S. mail, first class postage prepaid, addressed as follows: Michael Nace 359 Pleasantview Road New Cumberland, PA 17070 Date: May 5, 2008 1 jo tacey A. Fogle List of Incomplete Tasks Stair Case: 1. Trim finishing between 4t" & 5th Step 2. TFifn e . 151 Z, T ast s4ep tr ?is 4. Wall needs to be smooth out near top of stairs 5. Top skirting above stairs are uneven - fix / ceiling board broken replace / corner uneven 6. Mount & connect light fixture on sill Water Softener Area: 7. Bi-fold doors need to be replaced - they are damaged by the cutting & shaving + not level + don't function properly + wood chips stuffed into hinges 8. Replace trim above door opening 9. Door opening side panels are damaged + filled with silicon (cannot stain) - replace 10. Side trimmings around opening not flush mounted - nails jut out 11. Ceiling board has holes - replace 12. Install lights 13. Boxes around recess lights are not even/smooth - bowed outwards - redo 14. Drywall filled with caulking - no corner definition - redo 15. Ceiling not flush with wall Stair Case/Storage Wall: 16. Wall around plug-point needs to be smooth out 17. Ceiling + trim + wall not level 18. Trimming above bi-fold - needs cleaned for stain to hold + skew 19. Mounted mirror - holes/gaps on either sides need to be smooth - filled with silicon / caulking - cannot paint / stain 20. iftsw! 22. Bifold doors not level 3 Centered Pillars: 23. Trimming around all pillars tops 25. Size of tables are different - 26. 1 st pillar is skew/crooked 27. Gap between 1St pillar & wall is not uniform - wall is skew 28. Bottom enclosure/drywall around all pillars is unevenibucked in 29. Smooth all pillars - sand-down Ey,ht64 A I Entertainment Unit + Front Wall: 30. Smooth out wall near plug-point on wall 31. Plug point has insulation tape holding the fitting + loads of putty filling - electrical hazard 32. insW! plug point on top on ente#aimnent 33. Effte#taiwaeat unit should be squafed at the baek te allow TV t&w& 3 4. Make eable heles in unit 35. Trim is not flush mounted + corners cut square + broken - replace 36. Shelves not level + some jut out more than others 37. Put back insulation in ceiling Window Wall: 38. Finish brickwork around window 39. Window sill not flush mounted 40. Skirting not flush mounted near aircon return Bar Wall: 41. Trimmings around the plumbing opening must be level 42. Skirting not flush mounted Bulk Overhead + Utility Room Wall: 43. Aircon vent needs to be flipped around, so air blows towards room 44. The entire overhead is very uneven/skew 45. The corner piece meeting the bi-fold door has to be FIXED/REDONE 46. The bi-fold door does not work properly + skew + was cut - replace 47. Install light 48. Replace trimming between bi-fold doors & bulk-overhead All Wall Corners & Trimmings 49. All the corners are filled with putty or silicon or caulking - if pressed they make a hole - also paint don't adhere to it well. 50. All trimmings have some kind of filling - stain will not adhere to it. C:. C7-D `a CJ } ""Ts KISHEN LALA, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-2389 CIVIL MICHAEL NACE, CIVIL ACTION -LAW Defendant NOTICE TO PLEAD To: Kishen Lala, Plaintiff c/o James H. Turner, Esquire Turner and O'Connell 4415 North Front Street Harrisburg, PA 17110 You are hereby notified to file a written response to the enclosed Answer with New Matter and Counterclaim pursuant to Pa.R.C.P. 1030 within 20 days from service thereof or a judgment may be entered against you. DEFENDANT'S ANSWER WITH NEW MATTER AND COUNTERCLAIM TO PLAINTIFF'S COMPLAINT AND NOW comes the Defendant, Michael Nace, by his attorney James J. McCarthy, Jr., and hereby makes this Answer to Plaintiff's Complaint as follows: 1. Admitted. 2. Admitted. 3. Admitted in part and denied in part. The defendant admits that he was contracted to do specific construction work necessary to prepare the plaintiff's basement for future remodeling, but denies that he was contracted to remodel the plaintiff's basement. 4. Denied. The defendant avers that he provided an estimate for the construction work requested by the plaintiff, but denies that he agreed to do the work for $4,620.00. Admitted in part and denied in part. The defendant admits that an implied condition of the agreement between plaintiff and defendant was that the defendant would perform the agreed upon work in a good and workmanlike manner, but denies that the work constituted remodeling, but rather involved specific construction work necessary to prepare the plaintiff's basement for future remodeling. 6. Admitted in part and denied in part. Defendant admits that he commenced work on the project on or about November 15, 2007; however, the defendant denies that he agreed to complete the work before Christmas, December 25, 2007. To the contrary, no date certain was agreed to by the parties for a completion date. Denied. To the contrary, the defendant asserts that he told plaintiff that he was willing and able to complete the job, but because of the amount of time already spent performing work assigned by the plaintiff, for which he had not gotten paid anything, the defendant was unwilling to continue unless some payment for labor was made by the plaintiff, which the plaintiff refused to do. Denied. To the contrary, the defendant avers that all work performed was done in a good and workmanlike manner. Further, the defendant is no way responsible for any instances of improper plastering, framing and finished carpentry work. 9. Denied. To the extent that any of the items on Exhibit A are not complete, the defendant was under no obligation to perform those tasks. The defendant further specifically denies that he was previously provided with the list identified as Exhibit A. 10. Denied. To the contrary, all ceiling tile were in place and in good condition with no damage when the defendant was last at the property. 11. Denied. To the contrary, the defendant avers that the wall surfaces were satisfactory to the plaintiff, who painted and stained the walls. 12. Denied. The defendant asserts that he was neither the cause of any construction errors nor that he used any materials to correct or cover up any construction errors. 13. Denied. After reasonable investigation, the defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph 13 and the defendant demands specific proof thereof. However, the defendant specifically denies being the cause of improperly installed materials, if any. 14. Admitted in part and denied in part. The defendant admits that the plaintiff paid to defendant the sum of $400.00, but denies that the amount was toward labor. To the contrary, the defendant asserts that the $400.00 was for the reimbursement of materials. 15. Denied. After reasonable investigation, the defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph 15 and the defendant demands specific proof thereof. COUNT I - BREACH OF CONTRACT 16. Denied. No responsive pleading is required and therefore the averment is deemed denied. Pa.R.C.P. No. 1029(d). 17. The averments of this paragraph constitute a conclusion of law to which no response is required. To the extent a response is required, the averments are denied and strict proof thereof is demanded. By way of further response, the defendant admits that he agreed to perform work on plaintiff's property; however, that alone does not constitute a legally binding contract. The defendant avers that the plaintiff agreed to pay the defendant for the work performed, thereby constituting a legally binding contract between the plaintiff and the defendant. 18. Denied. To the contrary, the defendant performed all work that he agreed to do. 19. Denied. To the contrary, the defendant's work was performed properly, in a good workmanlike manner or in accordance with usual standards of construction. 20. Admitted. 21. The averments of this paragraph constitute a conclusion of law to which no response is required. To the extent a response is required, the averments are denied and strict proof thereof is demanded. By way of further response, the defendant met all of his obligations under the agreement. 22. The averments of this paragraph constitute a conclusion of law to which no response is required. To the extent a response is required, the averments are denied and strict proof thereof is demanded. By way of further response, the plaintiff has breached his agreement with the defendant because he has not paid for the work performed. 23. Denied. After reasonable investigation, the defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph 23 and the defendant demands specific proof thereof. However, the defendant does assert that he has not breached the agreement and is not the cause of any damage that the plaintiff may have incurred. COUNT II- VIOLATION OF THE UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW 24. Denied. No responsive pleading is required and therefore the averment is deemed denied. Pa.R.C.P. No. 1029(d). 25. The averments of this paragraph constitute a conclusion of law to which no response is required. To the extent a response is required, the averments are denied and strict: proof thereof is demanded. 26. The averments of this paragraph constitute a conclusion of law to which no response is required. To the extent a response is required, the averments are denied and strict proof thereof is demanded. By way of further response, the work was within the defendant's capability and he demonstrated his intent to complete the work because he properly performed and completed the work. Further, the defendant properly represented to the plaintiff his ability to complete the work by providing letters of recommendation and showing the plaintiff and his wife similar work, which the plaintiff and his wife physically inspected to their satisfaction. The defendant further denies that he purchased items on plaintiff's account which were not materials intended to be incorporated into plaintiffs home. To the contrary, the plaintiff has not yet reimbursed the defendant for certain materials that the defendant purchased for the work. 27. Denied. The defendant made no misrepresentations to the plaintiff. To the contrary, all representations made by the defendant to the plaintiff were factual and accurate. 28. Denied. After reasonable investigation, the defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph 28 and the defendant demands specific proof thereof. 29. Denied. After reasonable investigation, the defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph 29 and the defendant demands specific proof thereof. By way of further response, the defendant avers that the plaintiff was aware that the defendant had the ability to complete the work as agreed because the defendant provided the plaintiff with letters of recommendation and showed the plaintiff and his wife similar work, which the plaintiff and his wife physically inspected to their satisfaction. Further, the defendant intended to complete the work, because he completed the work in a satisfactory manner. Further, the defendant did not intend to purchase, nor did he purchase items on plaintiff's account which were not materials to be incorporated into plaintiffs residence; in fact, the plaintiff has not yet paid the defendant for certain materials that the defendant purchased for the plaintiff's account. 30. The averments of this paragraph constitute a conclusion of law to which no response is required. To the extent a response is required, the averments are denied and strict proof thereof is demanded. By way of further response, the defendant made no misrepresentations to the plaintiff. To the contrary, all representations made by the defendant to the plaintiff were factual and accurate. 31. The averments of this paragraph constitute a conclusion of law to which no response is required. To the extent a response is required, the averments are denied and strict proof thereof is demanded. By way of further response, the defendant asserts that he made no misrepresentations to the plaintiff, to the contrary, all representations made by the defendant to the plaintiff were factual and accurate. 32. Denied. To the extent that the plaintiff suffered any harm, there is no connection to the defendant's actions or failure to act and the defendant denies that he failed to disclose any material facts as averred in Paragraph 29 above. 33. Denied. To the contrary, the defendant fully disclosed all activity during the engagement including meeting with the plaintiff on a regular basis in the evening to review the work and answer any questions and concerns. Further, the defendant avers that the plaintiff sought the independent advice of another contractor who confirmed to the plaintiff that the defendant was performing the tasks in a professional and workmanlike manner 34. Denied. Since the defendant's actions were proper, any damages that the plaintiff may have sustained were not a result of any action or failure to act by the defendant. 35. The averments of this paragraph constitute a conclusion of law to which no response is required. To the extent a response is required, the averments are denied and strict proof thereof is demanded. WHEREFORE, the defendant, Michael Nace, respectfully requests this Honorable Court enter judgment in his favor and dismiss Plaintiff's Complaint with prejudice and further grant the defendant all such further relief as is proper and just. NEW MATTER 36. The defendant respectfully incorporates the responses set forth in Paragraphs 1 through 35, inclusive, hereinabove as if more fully set forth herein at length. 37. Any and all claims asserted by the plaintiff against the defendant in this matter are barred by the statue of limitations to the extent that facts as developed in future discovery may implicate. 38. Plaintiff's alleged damages, if any, were not proximately caused by the actions or inactions of the defendant, to the extent facts as developed in future discovery may implicate. 39. The negligent acts and/or omissions of other individuals or entities constitutes an intervening and/or superseding cause of the damages alleged, if any, to have been sustained by the plaintiff in this matter to the extent facts as developed in future discovery may implicate. 40. Plaintiff's alleged damages, if any, were caused by the acts and/or omissions of a person or persons other than the defendant to the extent that facts as developed in future discovery may implicate. 41. Plaintiff's' alleged damages, if any, were caused by the acts and/or omissions or factors beyond the defendant's control or legal right to control to the extent that facts as developed in future discovery may implicate. 42. Plaintiff may have already entered into a release and/or voluntary discharge with other individuals, entities or judicial bodies which may have the effect of discharging any liability of the defendant to the extent that facts as developed in future discovery may implicate. 43. Plaintiff's' claims are barred and/or limited under the doctrine of consent to the extent that facts as developed in future discovery may implicate. 44. Plaintiff's' claims are barred and/or limited under the doctrine of estoppel to the extent that facts as developed in future discovery may implicate. 45. Plaintiff's' claims are barred and/or limited under the doctrine of failure of consideration to the extent that facts as developed in future discovery may implicate. 46. Plaintiff's' claims are barred and/or limited under the doctrine of waiver to the extent that facts as developed in future discovery may implicate. 47. Plaintiff's Complaint fails to set forth a claim for which relief may be granted. 48. Plaintiff's Complaint fails to allege cognizable damages. 49. Plaintiff has not sustained any damage. 50. Inasmuch as the Pennsylvania Rules of Civil Procedure, specifically Rule 1032, provides that a party waivers all defenses not presented by way of answer, the defendant, upon advise of counsel, hereby asserts all affirmative defenses as set forth in the Pennsylvania Rules of Civil Procedure 1030 those defenses to include in addition to the defenses already enumerated above, assumption of the risk, consent, contributory negligence, discharge in bankruptcy, estoppel, failure of consideration, illegality, immunity from suit, impossibility of performance, justification, latches, license, payment, privilege, release, statute of frauds, statute of limitations, truth and waiver, with these said affirmative defenses being subject to demonstration during the discovery process and proof, as relevant, at the time of trial. COUNTERCLAIMS 51. The allegations of paragraphs 1 and 2 of the plaintiff's complaint are repeated and incorporated by reference. 52. On or about November 2007, the plaintiff hired the defendant to do specific construction work necessary to prepare the plaintiff s basement for future remodeling. 53. The terms of the agreement were that the defendant would charge the plaintiff on a time and materials basis. 54. The defendant commenced work on the project on or about November 15, 2007. 55. During the course of the originally agreed upon project the plaintiff contracted the defendant to perform additional work over and above that which the parties originally agreed. 56. The additional work included, but was not limited to: hanging tile racks; dry wall patching; replacing two ceiling fans; installing lights in a downstairs closet; and mounting a headboard in the wall. 57. All work completed by the defendant was done in a professional and workmanlike manner. 58. The plaintiff received independent verification from another contractor that the work was being done in a good and workmanlike manner. 59. The defendant spent a total of 145 hours working for the plaintiff under the November 2007 contract. 60. Under the November 2007 contract the plaintiff agreed to pay the defendant at the rate of $30.00 per hour for his time 61. The defendant's fee for his total labor under the November 2007 contract is $4,350.00. 62. The cost for the materials incurred by the defendant for work done under the November 2007 contract was $732.27. 63. The plaintiff paid $400.00 to the defendant toward the $732.27 for materials under the November 2007 contract. 64. The plaintiff owes the defendant $332.27 for materials under the November 2007 contract. 65. The total amount due to the defendant under the November 2007 contract is $4,682.27. 66. On or about December 28, 2007, the plaintiff and defendant did a walk-through and examined the finished job. 67. During the walk-through, the plaintiff expressed that one of the pillars did not meet his expectations. 68. During the walk-through, the plaintiff requested certain other modifications and additional work for the defendant. 69. During the walk-through, the defendant agreed to do the modifications and additions. 70. During the walk- through, the defendant offered to fix the pillar, or in the alternative, lower the overall amount that the plaintiff owed the defendant. 71. During the walk- through, the plaintiff agreed to the lower price in lieu of the defendant fixing the pillar. 72. During the walk- through, the parties agreed to modify the November 2007 contract, where defendant would provide the additional modifications and work for the plaintiff for a price of $4,020.00 in full and complete satisfaction of the contract entered into on or about November 2007. 73. During the walk-through, the parties agreed that the defendant would return on or about January 4, 2008 to complete the agreed upon modifications and additional work. 74. During the walk-through, the plaintiff invited the defendant and his family to his home for a celebration of the work completed, at which time the plaintiff said he would pay the defendant the $4,020.00 in full and complete satisfaction of the contract entered into by the parties on or about November 2007. 75. On or about January 4, 2008, the defendant returned to the plaintiff's home and performed the agreed upon modifications and additional work. 76. On or about January 4, 2008, after completion by the defendant of the agreed upon modifications and additional work, the defendant accepted the work as completed and, at the request of the plaintiff, the defendant took his wife and children to the plaintiff's home for celebration and payment. 77. After arrival at the plaintiff's home on or about January 4, 2008, the plaintiff did not pay the defendant anything, and instead, requested that the defendant perform additional work such as but not limited to: putting two more lights in a closet; reattach a drain to the water heater; seal a sump pump hole. 78. On or about January 4, 2008, the defendant told the plaintiff that he would do additional work, but only after receiving payment as agreed by the parties on December 28, 2007, or in the alternative, the defendant requested a payment of at least $1,000.00 for work already performed. 79. On or about January 4, 2008, the plaintiff refused to pay the defendant, and has not paid the defendant anything on either the $4,020.00 that he agreed to pay on or about December 28, 2007 or the 4,682.27 under the November 2007 contract COUNTI BREACH OF CONTRACT 80. The defendant repeats and realleges the assertions of paragraphs 51 through 79 hereinabove with the same force and effect as if set forth at length herein. 81. The plaintiff and defendant entered into a legally binding contract because the plaintiff agreed to pay for work performed by the defendant, and the defendant agreed to perform said work. 82. The plaintiff and defendant mutually agreed for valuable consideration to modify the terms of the original contract. 83. The plaintiff had a duty under the original contract, as modified, to pay for the work completed by the defendant. 84. The plaintiff breached his duty under the original contract, as modified, because he has not paid for the work performed by the defendant as he agreed. 85. The defendant has fully performed his duties under the original contract, as modified, because he completed the work in a good and workmanlike manner. COUNT II UNJUST ENRICHMENT 86. The defendant repeats and realleges the assertions of paragraphs 51 through 85 hereinabove with the same force and effect as if set forth at length herein. 87. By reason of the foregoing, the defendant has discharged and assumed obligations of the plaintiff relative to improvements for $4,020.00 under the original contract as modified, or in the alternative, $4,682.27 under the original contract prior to modification. 88. By reason of the foregoing, the defendant conferred upon the plaintiff benefits for $4,020.00 00 under the original contract as modified, or in the alternative, $4,682.27 under original contract prior to modification, to which the plaintiff is not legally entitled (such benefits, the "Unjust Benefits.") 89. The Unjust Benefits were conferred upon the plaintiff without payment by the plaintiff of consideration. 90. Plaintiff, by virtue of his ownership of the residence at 359 Pleasantview Road, New Cumberland, York County, Pennsylvania, appreciate and retain the Unjust Benefits. 91. By reason of the foregoing, the plaintiff has been unjustly enriched, at the expense of the defendant. WHEREFORE, defendant respectfully requests that this Court enter an order against plaintiff and award damages for $4,020.00 under the original contract as modified, or in the alternative, $4,682.27 under the original contract prior to modification, neither amount being in excess of the amount for arbitration, exclusive of interest and costs. submitted, YU ?LJ lames J. MrUarthy, Jr., EsquirJINGS, Attorney for Defendant Attorney ID# 82266 MCCARTHY WEISBERG PC 2041 Herr Street Harrisburg, PA 17103 (717) 238-5707 VERIFICATION I, Michael Nace, verify that I am the defendant in the foregoing DEFENDANT'S ANSWER WITH NEW MATTER AND COUNTERCLAIM TO PLAINTIFF'S COMPLAINT and that the facts set forth therein are true and correct to the best of my knowledge, information and belief, and that this verification is subject to penalties of 18 Pa.C.S.A. § 4904 relative to unsworn falsification to authorities. Michael Nace Z ?0 Date: T%,i,,,e- CERTIFICATE OF SERVICE AND NOW, THIS _J?day of June 2008, I James J. McCarthy, Jr., Esquire, hereby certify that I have served a true and correct copy of the foregoing pleading on the Plaintiff's counsel by first class mail, postage prepaid, at Dauphin County, Pennsylvania, addressed as follows: James H. Turner, Esquire TURNER AND O'CONNELL 4415 North Front Street Harrisburg, PA 17101 -'V-1 '-, ? -)?? , L-3? - James J. McCarthy, Jr., Esq. -TI F 1 7) KISHEN LALA, Plaintiff V. MICHAEL NACE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-2389 CIVIL CIVIL ACTION -LAW ANSWER TO NEW MATTER AND COUNTERCLAIM AND NOW comes the plaintiff, Kishen Lala, and makes the following answer to New Matter and Counterclaim of defendant. 36. The allegations of paragraphs 1 through 35 of plaintiffs complaint are repeated and incorporated herein by reference. 37. Denied. All of the events occurred in the last two months of 2007, well within the relevant statute of limitations. 38. Denied. The plaintiff s damages were caused by defendant's negligence and breach of contract. 39. Denied. No other parties were involved in the events giving rise to this action. 40. Denied. No other parties were involved in the events giving rise to this action. 41. Denied. Defendant's failure to perform was within the exclusive control of plaintiff. 42. Denied. No releases or voluntary discharges have been entered into with any third parties. 43. Denied. Plaintiff never consented to defendant's breach of contract. 44. Denied. The allegation is a conclusion of law. 45. Denied. The contract was supported by adequate consideration in the form of plaintiffs promise to pay. 46. Denied. Plaintiff has not waived defendant's breach. 47. Denied. The allegation is a conclusion of law. 48. Denied. Plaintiff has alleged damages with specificity. 49. Denied. Plaintiff has incurred damages as set forth in the complaint. 50. Denied. None of the defenses set forth by defendant are relevant. 51. Admitted. 52. Denied. Plaintiff and defendant always contemplated a contract for a complete remodeling, not a preparation project. 53. Admitted. 54. Admitted. 55. Admitted. 56. Admitted and denied. Hanging towel (not tile) racks was additional work a was drywall patching, and mounting a headboard. Installing lights in a closet was always part of the original contract. Plaintiff installed two ceiling fans but did not replace existing fans. 57. Denied. Defendant failed to perform his work in a professional or workman like manner as set forth in plaintiffs complaint. 58. Denied. Plaintiff had a friend, not a contractor, examine the work. The friend told plaintiff that the work was not being performed in a good and workmanlike manner. 59. Denied. Defendant's hours totaled 114. 60. Admitted. 61. Denied. The total would be $3,420 had the work been performed properly. 62. Denied. Defendant only produced receipts for $400 worth of materials. 63. Admitted. 64. Denied for the reasons set forth in paragraph 62. 65. Denied for the reasons set forth in paragraphs 61 and 62. 66. Denied. No walk through was conducted on December 28, 2007, as the project was incomplete. 67. Admitted and denied. Plaintiff did express the opinion that the pillar was poorly installed among other problems. This discussion was not part of the walk through. 68. Denied. No additional work was requested. Plaintiff merely requested defendant to repair shoddy or incomplete work. 69. Denied for the reasons set forth in paragraph 68. 70. Denied. No such discussion occurred. 71. Denied. No such discussion occurred. 72. Denied. No such discussion occurred. 73. It is admitted that the parties agreed that defendant would return to make the necessary repairs on January 4, 2008. 74. Denied. No "celebration" or payment was contemplated because the work was incomplete. 75. Admitted and denied. Defendant performed some work but left many items incomplete. 76. Denied. Plaintiff never accepted the work as complete because it was not complete and remains incomplete. Only one child was present on January 4, 2008, not children. 77. Denied. All of the items were part of the original contract. 78. Admitted and denied. Defendant demanded the sum of $1,000.00 before he would make the necessary repairs. Plaintiff declined to make payment until the work was completed. 79. Admitted and denied. Admitted that plaintiff has declined to pay the amounts alleged. It is denied that plaintiff is under any legal obligation to do so. Count I 80. The allegations of paragraphs 51 through 79 above are repeated and incorporated herein by reference. 81. Admitted. 82. Admitted. 83. Admitted. 84. Denied. Defendant has not performed the work in a good and workmanlike manner and therefore has breached the agreement between the parties. 85. Denied. For the reasons set forth in plaintiffs complaint, defendant has failed to perform his work in a good and workmanlike manner. Count II 86. The answers to paragraphs 51 through 85 above are repeated and incorporated herein by reference. 87. Denied. The defendant has never completed his obligations under the contract as alleged above. 88. Denied. The work performed by defendant was of no benefit to plaintiff for the reasons set forth in plaintiffs complaint. 89. Denied. Plaintiff has received no benefits because the work performed by defendant was of no value. 90. Denied for the reasons set forth above. 91. Denied for the reasons set forth above. WHEREFORE, plaintiff requests your Honorable Court to dismiss the counterclaim of defendant. Respectfully submitted, James H. Turner, Esquire TURNER AND O'CONNELL 4701 North Front Street Harrisburg, PA 17110 717/232-4551 Attorney for plaintiff SUBSTITUTED VERIFICATION I, James H. Turner, Esquire, attorney for Kishen Lala, hereby verify that I am fully familiar with the facts of the within case; that the facts set forth in the foregoing are true and correct to the best of plaintiffs knowledge, information and belief, all as related to the undersigned by plaintiff; that I have been authorized to execute this verification on behalf of plaintiff. The undersigned understands that this verification is made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Date: July 10, 2008 James H. Turner, Esquire CERTIFICATE OF SERVICE I, James H. Turner, Esquire, hereby certify that I served a true and correct copy of the foregoing depositing same in the U.S. mail, first class postage prepaid, addressed as follows: James J. McCarthy, Jr., Esquire McCarthy Weisberg Cummings, PC 2041 Herr Street Harrisburg, PA 17103 Date: July 10, 2008 ames H. Turner . i Sri KISHEN LALA, Plaintiff V. MICHAEL NACE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO 08-2389 Civil 20 - --- RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: James H. Turner , counsel for the plaintiff/ dant in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ 11 , 01 0.0 0 The counterclaim of the defendant in the action is $ 4 , 6 8 2.2 7 The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: James H. Turner, Esquire James- ;r- McCarthy, Esquire WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, es H. Turner, Esquire ORDER OF COURT AND NOW, petition, _ Esq., and captioned action (or actions) as prayed for. 200 , in consideration of the foregoing Esq., and Esq., are appointed arbitrators in the above By the Court, EDGAR B. BAYLEY OF THE F''"??` 2009 JU,IN ! { FM Z: 55 d 4,06) tel/, 4 4-7 f Z/ 44 a,?, 4s e. of KISHEN LALA, Plaintiff V. MICHAEL NACE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-2389 Civil 20 RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the . Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: James H. Turner counsel for the plaintiff/defandmt in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ 11,010-00 The counterclaim of the defendant in the action is $ 4 , 6 8 2.2 7 The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: James H. Turner, Esquire James T M^Carthy7-Esquire WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, es H. Turner, Esquire ORDER OF COURT NOW, I , 200q in consideration of the foregoing petition, w Esq., and , Esq., and ]?? 0 , Ad" _ Esq., are appointed arbitrators in the above captioned action (or actions) as prayed for. By Co EDGAR B.BAYLEY OF TH r? „ ? , ?h.'? tARY Of TtA 2DQ9 3U ti 11 m 2.55 2009 JUN 17 Ph 2: 12 , , U Ty jf1514EW L4LA Plaintiff Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No. 08 - 2 3 8q Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fidelity. r-? Si afore ?Iane?T I. ?? Name (Chairman) Law Firm 341y8 7"rind1c. Rd Address Can gill 17011 City, zip --` 1 ?; 906 Address C4rlrsle 1`1015 City, zip jda 302 Award Signature Ham,(on C ?ay1s,m Name Law Firm P 0.80 y, 4o Address % nsbur I7a5? City, ip /55-,7 . Arbitrator, dissents. (Insert name if applicable.) Date of Hearing: 0 0 20U Date of Award: 1 p 1 me 4 r Notice of Entry of Award Now, the day of Qvx?-- , 2(b Y , at 'u9 , _&-M., the above award was entered upon the docket and notice th eof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ 256,D0 06 AA By: Prothonotary Deputy We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delav are awarded- thev shall he ,enarately stated 1 EF THE PROTH.)NOTAPY 2009 SEP - 4 AM 8: 49 PENNSYLVANIA 94'09- 0-&Pies ?t'LL YqL