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HomeMy WebLinkAbout11-3102JEFFREY L. PETICCA, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2011- v? CIVIL TERM • T7 +.h L.N. PAZZO, INC. and CIVIL ACTION-LAW ?,, DOLAN & FROMM - 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 an attorney and filing in writing with the court, your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. 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 (717) 249-3166 OtWk 1P 9D,Ob e? 1 r,?.? t?4ar m JEFFREY L. PETICCA, Plaintiff V. L.N. PAZZO, INC. and DOLAN & FROMM Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2011- CIVIL TERM CIVIL ACTION-LAW COMPLAINT NOW, comes Plaintiff, Jeffrey L. Peticca ("Peticca"), by and through its attorneys, BARIC SCHERER, and files the within Complaint and, in support thereof, sets forth the following: 1. Plaintiff, Jeffrey L. Peticca, doing business as Paco Originals, is a sole proprietor with his principal place of business located at 2 Vine Drive, Carlisle, Cumberland County, Pennsylvania 17015. 2. Defendant, L.N. Pazzo, Inc., doing business as The Brewhouse Grille ("L.N. Pazzo"), is a Pennsylvania corporation with its principal place of business located at 2050 State Road, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Defendant, Dolan and Fromm, is a Pennsylvania partnership with its principal place of business located at 2050 State Road, Camp Hill, Cumberland County, Pennsylvania 17011. 4. Peticca is a concrete contractor for commercial and residential building structures. 5. L.N. Pazzo is in the business of owning and operating a bar and restaurant known as The Brewhouse Grille located at 2050 State Road, Camp Hill, Cumberland County, Pennsylvania. 6. Norman Fromm ("Fromm") is the President of L.N. Pazzo. 7. Dolan & Fromm ("Dolan") owns the Property located at 2050 State Road, Camp Hill, Pennsylvania 17011 and is in the business of leasing the property. 8. Norman Fromm is a general partner of Dolan & Fromm. 9. On or about May 19, 2010, Jeffrey Peticca met with Norman Fromm and provided Norman Fromm with an estimate to strip, clean and repair the bar and restaurant floor located at 2050 State Road, Camp Hill, Pennsylvania 17011(" Property") 10. Beginning June 2010 and continuing through September of 2010, Peticca purchased and delivered materials to the Property. True and correct Purchase Receipts for the materials so delivered are attached hereto as Exhibit "A", collectively, and are incorporated by reference. 11. On or about June 14, 2010, Peticca completed the bar floor and front dining area of the restaurant floor. 12. On or about June 14, 2010, Fromm reviewed Peticca's work and requested that Peticca perform additional work to the floor to make it appear glossy. 13. On or about August 19, 2010, Peticca completed all work to the floors including additional epoxy work. A true and correct copy of the Invoice for said services and materials is attached hereto as Exhibit "B" and is incorporated by reference. 14. On or about September 9, 2010, Peticca mailed an invoice for services and materials performed by Peticca to Brewhouse Grille, Attn. Norm Fromm. 15. To the date hereof, no payments have been made against the amount due and owing to Peticca for services or materials provided to the Property. 16. The principal amount remaining due and owing for services and materials provided by Peticca to L.N. Pazzo and Dolan is $4,500.00. COUNT I- BREACH OF CONTRACT JEFFREY L. PETICCA. v. L.N. PAZZO, INC. and DOLAN & FROMM 17. Plaintiff incorporates by reference paragraphs one through sixteen as though set forth at length. 18. Fromm, as President of L.N. Pazzo acted on behalf of L.N. Pazzo 19. Fromm, as general partner of Dolan acted on behalf of Dolan. 20. Peticca and Fromm entered into a contract for Peticca to strip, clean and repair the bar and restaurant floor located at the Property. 21. Peticca performed all the work required to be completed by the contract. 22. Demand has been made upon L.N. Pazzo and Dolan to pay the amount due and owing. 23. L.N. Pazzo and Dolan have, without justification, failed and refused to pay the amount due and owing. 24. All conditions precedent to recovery under the contract have been fulfilled. 25. L.N. Pazzo and Dolan have breached the contract by failing and refusing to pay for the materials and services rendered by Peticca. WHEREFORE, Plaintiff requests judgment in its favor and against Defendants for the sum of $4,500.00 plus costs and expenses. COUNT II-UNJUST ENRICHMENT JEFFREY L. PETTICA v. L.N. PAZZO, INC. and DOLAN & FROMM 26. Plaintiff incorporates by reference paragraphs one through twenty-five as though set forth at length. 27. Peticca conferred a benefit upon L.N. Pazzo by providing materials and services for the restaurant and bar located on the Property. 28. Peticca conferred a benefit upon Dolan by providing materials and services to improve the Property. 29. L.N. Pazzo has appreciated the benefits so provided by Peticca by using the materials and services provided in furtherance of the operation of its business on the property known as The Brewhouse Grille. 30. Dolan has appreciated the benefits so provided by Peticca by using the materials and services provided in furtherance of the operation of its business of leasing the Property. 31. L.N. Pazzo and Dolan have retained the benefits provided by Peticca under circumstances such that it is inequitable for L.N. Pazzo and Dolan to retain the benefits without making payment therefor. WHEREFORE, Plaintiff requests judgment in its favor and against Defendants for the sum of $4,500.00 plus costs and expenses. Respectfully submitted, BARIC SCHERER J Y David A. Baric, Esquire I.D. # 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Progressive Epoxy Polymers, Inc. 48 Wildwood Drive Pittsfield, NH 03263-3406 Tel: 603-435-7199 Web Site www.epoxyproducts.com Date 8/12/2010 Invoice # 20848 Invoice Bill To Ship To Paco Originals Paco Originals Jeffrey L. Peticca Jeffrey L. Peticca 2 Vine Dr. 2 Vine Dr. Carlisle, PA 17015 Carlisle, PA 17015 t P.O. No. Terms Account # Ship Date Ship Via FOB Ref. Verbal Charge 8/12/2010 UPS Plant 9-23239 Qty Item Description Price Each Amount 5 ER120 Basic No-Blush epoxy, 1.5 gallon kit 86.00 430.00 Shipping/Freight Shipping and handling 61.23 61.23 VISA - charge Credit Card - VISA XXXX-XXXX-XXXX-4916 -491.23 -491.23 Tracking no. iZ 7A4 T90 03 5292 1952 Tracking no.: IZ 7A4 T90 03 5104 1566 Tracking no.: 1 Z 7A4 T90 03 5134 2179 Total $0.00 EXHIBIT "A" Progressive Epoxy Polymers, Inc. 48 Wildwood Drive Pittsfield, NH 03263-3406 Tel: 603-435-7199 Web Site www.epoxyproducts.com Date 8/27/2010 Invoice # 20969 Invoice Bill To Ship To Paco Originals Paco Originals Jeffrey L. Peticca Jeffrey L. Peticca 2 Vine Dr. 2 Vine Dr. Carlisle, PA 17015 Carlisle, PA 17015 P.O. No. Terms Account # Ship Date Ship Via FOB Ref. Verbal Charge 8/27/2010 UPS Plant 9-23354 Qty Item Description Price Each Amount 7 ER120 Basic No-Blush epoxy, 1.5 gallon kit 86.00 602.00 Shipping/Freight Shipping and handling 83.42 83.42 VISA - charge Credit Card - VISA XXXX-XXXX-XXXX-4916 -685.42 -685.42 Tracking no.: 1 Z 7A4 T90 03 5289 7579 -Tracking no.: 1Z 7/A4 T90 03 50,81-9184- __ _ Tracking no.: 1Z 7A4 T90 03 5212 1790 r Tracking no.: 1Z 7A4 T90 03 5290 5407 Total $0.00 17, Rental Service DOB YOUR POSSESSION, SUBJECT TO A MINIMUM CHARGE. 1625 Ritner Highway Carlisle, Pa. 17013 PENNSYLVANIA CRIMINAL LAW DEFINES ANY OF THE FOLLOWING ACTS AS THEFT: Phone 1. Signing a rental agreement with a name other than your own. (717) 249-7110 (717) 249-7144 2• Failing to return rental property within the specified time. HOURS: MONDAY-SATURDAY 7:30 A.M.TO 5:00 P.M. 3. Using deception of any kind to avoid payment. A CLEANING FEE WILL BE CHARGED ON EQUIPMENT RETURNED DIRTY Do not rely on others to return equipment rented, the responsibility is yours. RENTED TO: 4?_ JEFF IDENTIFICATION #1 AUTO LICENSE P.O.# RECEIVED BY THE ITEMS RENTED ARE RENTED AT THE RATES SET FORTH BELOW AND WEEKLY & MONTHLY RATES ONLY APPLY IF RENT IS PAID IN ADVANCE THIS EQUIPMENT FOR RENTAL ONLY - NOT FOR SALE ADDRESS AT WHICH EQUIPMENT WILL BE USED TICKET NO. ! oilff 1?t IDENTIFICATION PHONE DATE TIME OUT +. r'.ETURr'EE _ I;,•._.1'! 10! 1.?; A11 I'tr POLIL'SHEF., 17"1 01" 00 07 3C ill ?' ! %P i READ BEFORE SIGNING: I DO HEREBY CERTIFY THAT I HAVE THIS DAY RECEIVED F. FROM LESSOR THE ITEMS LISTED ON THIS CONTRACT, HAVE -'I1- r="•'- PERSONALLY INSPECTED THE ITEMS AND FIND THEM SUITABLE FOR MV NEEDS AND IN GOOD CONDITION AND FULLY UNDER- STAND ITS PROPER USE, AND I AGREE TO THE TERMS ON THE }_" .I a r ?/ FACE AND REVERSE OF THIS CONTRACT. SIGNATURE X _ WE CHARGE FOR TIME OUT: NOT TIME USED HtStHVAIIUN RENTAL FINAL ESTIMATE CONTRACT RETURN ` Z YOUR PROMPT RETURN WILL SAVE YOU MONEY I I ;;;-;I ;,, t' ill !>- 1 ,ril - \!6 n SHERWIN-WILLIAMS, E. CARLISLE Store 5949 B23 E HIGH ST CARLISLE PA 17013 2610 _ (717)243-2400 Fax (717) 243-4355 www.sherwin-wiiliams.com ALE ran # 5628-8 99/10501 USTIN PACO ORIGINALS Account 9329-8086-5 Job 1 PACO ORIGINALS i11 io: 1CO ORIGINALS VINE OR IRLISLE, PA 17015 9559 ?17)329-7964 80-3204 99320490 9 INCH FOAM ROLLER COVER 4.00 3 1.89 UBTOTAL =6.OOAX-SALES TAX: 1-391701300 ASH TENDERED ) HANGE_DUE._ _-- 3TAL 5:07pm 09/01/10 10 7.56 7.56 0.46 -2000 11.98 $8.02 -------- Th nk You --------- receipt requires for refund 1501/5288 -0`9 01 201* Customer COPY LV OWE E LOVE'S NONE CENTERS, INC. 850 EAST HIGH STREET CARLISLE, PA 17013 (717) 2&00 - SALE - SALES 8: S171OTC1 1475648 08-19-10 156568 GAL ACETONE VMBARR 16.98 235042 DECK S FENCE PAINT PAD SH 7.97 41873 9" MOHAIR ROLLER VOOSTER 3.86 41873 9" MOHAIR ROLLER UGOSTER 3.86 235043 DECK &`FENCE PAINT PAD RE 6.47 253308-3".°ECONOWBRUSH- 3.99 I SUBTOTAL: 43.13 TAX: 2.59 INVOICE 10185 TOTAL: 45.72 VISA: 45.72 VISA:#4916 AMOUNT:4572 AUTHCD:03615B REFIO:804007389 08/19/10 18:11:20 STORE: 1710 TERMINAL: 10 08/19/10 18:11:28 # OF ITEMS PURCHASED: 6 EXCLUDES FEES. SERVICES AND SPECIAL ORDER ITEMS n no llilil,lmMilmllmlllll THANK YOU FOR SHOPPING LOVE'S. SEE REVERSE SIDE FOR RETURN POLICY. STORE MANAGER: RICH TROSS i DANIEL A. DE1 N CONS'P IRUCT ON Invoice 2.5011 Iron Springs Rd. Fairfield, PA 17320 # -17 9 79 794-593 DATE INVOICE J7171387-3197 CELL ?/f$tG SILL TO SHIP TO P,401 OPJ&,J.4 DESCRIPTION F6Q- RAP J_t?1Gl12 i + FlNrs Gook. i ,rte tfavs?' ; J Please remit to above address. THANK YOU!!! P.O. NUMBER AMOUNT I lNltf CO q HAS $10,06 zwrj f yqL Total 2507 Iran Springs Rey 5: aiirfley d, A- W,7320 _r ? -& ,L 3 8-7- 9 97 ]-yy77. Invoice DATE INVOICE sIXIf I _ BILL TO SHIP TO (kxj ?QI?r.L;?e}lj DESCRIPTION vEC.D 'f PavR ?onicRE7'+? 1349776!' `? CtFAN &RAYY Ft00A Am &Wwoct it `• F s? ? Q 7cf FOOL DC: ?uecv notDs? pbv2? EPiDxY? q! rrasr.?cc eou?urER?PS 1605 P.O. NUMBER AN40UNT 3?? vo 16.5 33000 4 br. cTO 11 206.cjo ?t Please remit to above address. THANK YOU!!! DANIEL A. DELANEY CONSTRUCTION 2501 °gar"I Springs Mrf1ef J, Ff4 17320 f 717 794-51936 17i 387-319 CELL BILL TO Iii, DATE INVOICE # SHIP 1-0 P.O. NUMBER DESCRIPTION AMOUNT /f,4 QF_ bl Cf?NT P?"Lrc?s FcsR ?r?-ru S t,3 6.Oa &dry cou/j7w&=P-f FC?£ Cvelwdr T?c•Qr?, ?"u'? ? p?R cdur?rt'?t'z?P,S ?R I EKPLATF? f3v?c D? 1 i2 COvMJTCRTO P5 FOB I?..S ?' 33o a° A6' S I X- o0 L rho 4 tp--wi! PUWogs p" 'fRL? E4? vsE 15 ad Please remit to above address. THANK `,'flU!" PACO ORIGINALS 2 Vine Drive Cariisle, PA 1701S (717) 3247964 EMAIL : pacooriginaisOfte co m BILL TO Brewhouse Grille 2050 State Rd. Lemoyne, PA Attn. Norm Fromm 579-1121 Invoice SHIP TO SAME DATE 10-09-07 INVOICE # 1537 P.O. NUMBER n1=cr'01V'r1nti Strip and clean bar and restaurant floors. Repair color loss & fading of existing decorative concrete overlay. (approx. 2000 sq.ft. total area). Apply commercial marine grade clear epoxy finish. TERMS: $4500.00 DUE NOW UPON RECEIPT 3,800.00 700.00 0.00 Our products have variations in color and texture that are expected. Nonstructural hairline cracks are also possible. Total EXHIBIT "B" 4,500.00 Johnson, Duffle, Stewart & Weidner By: Jeffrey B. Rettig I.D. No. 19616 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jbr@jdsw.com JEFFREY L. PETICCA, Plaintiff V. L.N. PAZZO, INC. and DOLAN & FROMM, Defendants NO. 2011-3102 CIVIL ACTION - LAW PRAECIPE FOR ENTRY OF APPEARANCE To the Prothonotary of Cumberland County: Kindly enter my appearance on behalf of Defendants in the above-captioned action. Respectfully submitted, qo , DUF F E, S ART & WEIDNER Ar_ y ettig, s ire 'mey I.D. No. 1W16 301 Market Street Lemoyne, Pennsylvania 17043 717-761-4540 ibr _idsw.com Attorney for Defendants Attorneys for Defendants co ? -0 IN THE COURT OF COMMON 4 Z CUMBERLAND COUNTY, PE -r 439312 CERTIFICATE OF SERVICE AND NOW, this day of April, 2011 , the undersigned does hereby certify that he did this date serve a copy of the foregoing Praecipe for Entry of Appearance upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: David A. Baric, Esquire Baric Scherer 19 West South Street Carlisle, PA 17013 Counsel for Plaintiff Jqr:e FF , ST ART & WEIDNER By B.Rettig I.EED-+?Ft'I0 r, Johnson, Duffie, Stewart & Weidner By: Jeffrey B. Rettig I.D. No. 19616 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jbr@jdsw.com JEFFREY L. PETICCA, Plaintiff t I I . 2 2 AM, !e1 f: 6 Lyt?rU????nts '' ?Jl ;H1'43Y -WAWA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. NO. 2011-3102 V. L.N. PAZZO, INC. and DOLAN & FROMM, Defendants NOTICE TO: Plaintiff c/o David A. Baric, Esquire 19 West South Street Carlisle, PA 17013 CIVIL ACTION - LAW 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. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 AVISO LISTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI LISTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEER.LE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 Johnson, Duffie, Stewart & Weidner By: Jeffrey B. Rettig I.D. No. 19616 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jbr@jdsw.com Attorneys for Defendants JEFFREY L. PETICCA, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. Plaintiff NO. 2011-3102 V. CIVIL ACTION - LAW L.N. PAZZO, INC. and DOLAN & FROMM, Defendants NOTICE TO PLEAD To: Plaintiff c/o David A. Baric, Esquire 19 West South Street Carlisle, PA 17013 You are hereby notified to file a written response to the enclosed Answer to Plaintiff's Complaint with New Matter within twenty (20) days from service hereof or a judgment may be entered against you. Respectfully submitted, Johnson,!Puffie? St rt & Weidner B ............. J'e ey B. Retti squire /iAttorney 1. D. N 19616 301 Market Street, P. O. Box 109 Lemoyne, PA 17043-0109 717-761-4540 Attorney for Defendant Johnson, Duffle, Stewart & Weidner By: Jeffrey B. Rettig I.D. No. 19616 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jbr@jdsw.corri JEFFREY L. PETICCA, Plaintiff V. L.N. PAZZO, INC. and DOLAN & FROMM, Defendants NO. 2011-3102 CIVIL ACTION - LAW ANSWER OF DEFENDANTS' TO PLAINITFF'S COMPLAINT WITH NEW MATTER AND COUNTER-CLAIM AND NOW, come the Defendants, by their attorneys, Johnson, Duffie, Stewart & Weidner, and answers Plaintiff's Complaint as follows: 1. It is admitted that the Plaintiff is who he says he is. 2-3. Admitted. 4. Denied. After a reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of said allegations and proof thereof is demanded. 5-7. Admitted. 8. Denied as stated. Mr. Fromm is a partner in Dolan & Fromm. 9. On information and belief, it is admitted that Mr. Fromm received an estimate to Attorneys for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. strip and clean. There was no estimate to repair. 10. Denied. After a reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of said allegations and proof thereof is demanded. It is admitted that there are documents attached as Exhibit "A". 11. Denied. It is denied that Plaintiff "completed" the floors as alleged. 12. Denied as stated. It is denied that Plaintiff was asked to do additional work, to make it appear glossy. 13. Denied. It is denied that Peticca "completed" all work to the floors as of August 19, 2010. It is admitted that an invoice for services and materials is attached as Exhibit "B" to Plaintiff's Complaint. 14. Denied. After a reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of said allegations and proof thereof is demanded. 15. Admitted. No payment has been made to Mr. Peticca because of the defects in his workmanship. 16. Denied. It is denied that Plaintiff is-owed $4,500 as alleged. 1. Breach of Contract 17. The answers to paragraphs 1 through 16 above are incorporated herein by reference thereto. 18-19. Denied. These allegations represent conclusions of law to which no reply is necessary. 20. Denied as stated. It is admitted that there was an agreement between Plaintiff and Mr. Fromm regarding work on the floors of the property. It is denied that Plaintiff "completed" the work he was committed to do or that he did the work in a workmanlike fashion. 21. Denied. It is denied that Plaintiff performed all the work required to be completed by the agreement. 22. It is admitted that Plaintiff has made a demand for payment. It is denied that Plaintiff is entitled to payment. 23. Denied. Payment has been withheld due to Plaintiff's failure to complete the project in a workmanlike fashion or to restore the color lost to the floor. 24-25. These allegations represent conclusions of law to which no reply is required. WHEREFORE, Defendants request that Count I of Plaintiff's Complaint be dismissed without cost to them. II. Unjust Enrichment 26. 'The answers to paragraphs 1 through 25 above are incorporated herein by reference thereto. 27. Denied. To the contrary. It is denied that Plaintiff conferred a benefit upon L.N. Pazzo. To the contrary, Plaintiff failed to perform its work in a workmanlike fashion or in accordance with Plaintiff's agreement. 28. The answer to paragraph 27 above is incorporated herein by reference thereto. 29. Denied. To the contrary, the floor as finished by Plaintiff has or will have to be repaired and restored because of the defects in Plaintiff's workmanship. 30. The answer to paragraph 29 above is incorporated herein by reference thereto. 31 Denied. This allegation represents a conclusion of law to which no reply is required. WHEREFORE, Defendants request that Plaintiff's Complaint be dismissed without cost to them. NEW MATTER 32. Plaintiff breached its agreement with Mr. Fromm by failing to perform the work in a workmanlike fashion or to make the repairs to his work as requested by Mr. Fromm. WHEREFORE, Defendants request that Plaintiff's Complaint be dismissed without cost to them. NEW MATTER IN THE NATURE OF A COUNTER-CLAIM 33. As a result of the defective and improper workmanship performed by Plaintiff at the Brew House Grille, Defendants have been or will be obliged to expend monies in order to repair the appearance of the flooring at the property. 34. The repair and/or restoration of the flooring at the property was made necessary by the defective and improper work performed by the Plaintiff. 35. Plaintiff is responsible to the Defendants with the costs it incurred and/or incurs in repairing the faulty workmanship performed by Plaintiff which amount is less than $50,000 thus requiring referral to compulsory arbitration. WHEREFORE, Defendants request that judgment be entered against Plaintiff in an amount less than the $50,000 thus requiring referral to compulsory arbitration. Respectfully submitted, JOHWSd N, DUFFIE, S WART & WEIDNER ffrey B. Rettig . D. No. 19616 301 Market Street P. O. Box 109 Lemoyne, PA 17043 (717) 761-4540 Counsel for Defendant 445386 VERIFICATION I, NORM FROMM, hereby acknowledge that I am authorized to make this Verification on Defendants' behalf; that I have read the foregoing Answer to Plaintiffs Complaint; and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I undemtend that any false statements herein are made subject to penalties of 1S Pa. C. S. §4904, relating to unsworn falsification to authorities, L. N. PAZZO, INC. and DOLAN & F MM By:_ Norm Fromm DATE: 2T CERTIFICATE OF SERVICE AND NOW, this ?q. day of June, 2011, the undersigned does hereby certify that he did this date serve a copy of the foregoing Answer to Plaintiff's Complaint upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: David A. Baric, Esquire Baric Scherer 19 West South Street Carlisle, PA 17013 Counsel for Plaintiff JOHNSON, DUFFIE, STEWART & WEIDNER r' BLe ey B. Rettig JEFFREY L. PETICCA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 2011- 3102 CIVIL TERM L.N. PAZZO, INC. and CIVIL ACTION-LAW -a3 © --r DOLAN & FROMM in°0-, rn- r- m -0 Defendants r- ? N MCD PLAINTIFF'S ANSWER TO DEFENDANTS' NEW MATTER AND COUNTER-CLAIM' NOW, comes Plaintiff, Jeffrey L. Peticca ("Peticca"), by and through its attorneys, BARIC SCHERER LLC, and files the within Answer and, in support thereof, sets forth the following: REPLY TO NEW MATTER 32. Denied. By way of further answer, Plaintiff's work was performed in a workmanlike fashion, and upon completion Mr. Fromm made no requests for repairs to Plaintiff s work. REPLY TO COUNTER-CLAIM 33. Denied. By way of further answer, it is alleged that any monies spent by Defendants would be for improvements that are beyond the scope of the work agreed to by the parties to this action. All work undertaken by Plaintiff was in a good and workmanlike manner and as agreed to and contemplated by the parties. 34. Denied. By way of further answer, Plaintiff s work was neither defective nor improper and requires no repairs and/or restoration. J 35. Denied. By way of further information, Plaintiff's work was not faulty and requires no repairs. The remaining allegations are conclusions of law to which no reply is required. WHEREFORE, Plaintiff respectfully request that this Court dismiss Defendants' counter- claim and enter judgment in favor of Plaintiff and against Defendants as prayed for in Plaintiffs Complaint. Respectfully submitted, BA IC SCH R L Trici D. Naylor, Es? I.D. # 83760 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 VERIFICATION The statements in the foregoing Answer are based upon information which has been assembled by my attorney in this litigation. The language of the statements is not my own. I have read the statements; and to the extent that they are based upon information which I have given to my counsel, they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsifications to authorities. DATE:"' Z '?/ JEFFREY L. PETICCA Plaintiff V. L.N. PAZZO, INC. and DOLAN & FROMM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2011- 3102 CIVIL TERM CIVIL ACTION-LAW Defendants rrI C ' = r _. ;106 <> w C) -TI CERTIFICATE OF SERVICE =o or;; CD I hereby certify that on July, 2011, I, Tricia D. Naylor, Esquire, of Baric Scherer LLC, did serve a copy of the Plaintiff's Answer to Defendants' New Matter and Counter-Claim, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Jeffrey B. Rettig Johnson Duffie 301 Market Street P.O. Box 109 Lemoyne, Pennsylvania 17043-0109 JEFFREY L. PETICCA, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA r- C.D V, NO: 2011-3102 M C= ' = ?10 C,: ROMM, L.N. PAZZO, INC. and DOLAN & F Defendants RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following forz:c J` c ?? _. o r PETITION FOR APPOINTMENT OF ARBITRATORS °t r•., x' TO THE HONORABLE, THE JUDGES OF SAID COURT: JEFFREY B. RETTIG, counsel for the Defendant in the above action, respectfully represents that: 1. "The above-captioned action is at issue. 2. 'The claim of the Plaintiff in the action is $4500.00 plus costs and expenses The counterclaim of the Defendant in the action is stipulated to be under arbitration limits. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: David A. Baric, Esquire - Counsel for Plaintiff Jeffrey B. Rettig, Esquire - Counsel for Defendants WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, nson Ruffle, Stewa & Weidner tt 19616 , -/ ORDER OF COURT AND NOW, Esquire, and A By: J fOet , Esquir 1 t Post Office B ox 109 Lemoyne, Pennsylvania 17043-0109 717.761.4540 'br 'dsw.com aft?40%106 4a? C1c.? 3?aa? Cl 9 2011, in consideration of the foregoing petition, Esquire, and Esquire are appointed arbitrators in the above captioned action as prayed for. By the Court, 453457 Kevin A. Hess, P.J. JEFFREY L. PETICCA, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA ,-, V. NO: 2011-3102 MOD =rte rv- L.N. PAZZO, INC. and DOLAN & FROMM, c , r- Defendants -{> ? RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following fore --- c PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: JEFFREY B. RETTIG, counsel for the Defendant in the above action, respectfully represents that: The above-captioned action is at issue. 2. The claim of the Plaintiff in the action is $4500.00 plus costs and expenses The counterclaim of the Defendant in the action is stipulated to be under arbitration limits. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: David A. Baric, Esquire - Counsel for Plaintiff Jeffrey B. Rettig, Esquire - Counsel for Defendants e-) r-.13 WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom thAcese shall be submitted. Respectfully submitted, r -- r- nson uffie, Stewa & Weidner By: J fff e . Re , Esquir - - tt I 0:19616; 1 Mar et Street Post Office Box 109 Lemoyne, Pennsylvania 17043-0109 717.761.4540 ibr@jdsw.com ORDER OF COURT CD 1") r C3 ? Ct C? c-: a u? NN•Oa d Q C'c- 3'21965 ty eW a(Va 9 co AND NOW, 2011, in consideration of the foregoing petition, Esquire, and Esquire, and Esquire are appointed arbitrators in the above captioned action as prayed for. By the Court, " r a u ? Gt ?I - l3ar? ?C' " oo/ grey 13P5, ?% ------ ----- 453457 ?cy" rS 1,11ket • l etj Kevin A. Hess, P.J. ?l k) /I G JEFFREY L. PETICCA Plaintiff V. L.N. PAZZO, INC., 2050 State Road Camp Hill, Pennsylvania 17011 DOLAN & FROMM 2050 State Road Camp Hill, Pennsylvania 17011 Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2011- 3102 CIVIL TERM CIVIL ACTION-LAW `'- -rrl : PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Kindly mark the above matter as discontinued with prejudice. Respectfully submitted, BARIC SCHERER LLC r David A. Baric, Esquire I. D. # 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff CERTIFICATE OF SERVICE I hereby certify that on May 2, 2012, I, David A. Baric, Esquire of Baric Scherer LLC, did serve a copy of the Praecipe To Discontinue, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Jeffrey B. Rettig, Esquire Johnson Duffie 301 Market Street P.O. Box 109 Lemoyne, Pennsylvania 17043 i V David A. Baric, Esquire