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Home My WebLink About11-8015GJMONWEALTH OF PENNSYLVANIA CC CRT OF COMMON PLEAS Judicial District, County Of 1 NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. lI -KO /S Cam' .? NOTICE OF APPEAL 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. MACi. U15T. NO. LLC m? 09 - 3 - o Lo Ct-NCI' SP TE OF JUDG ENT IN Tt? SE pF (Plaintiff) 6 - -- 2>D11 JP?Nit Svc ?e M-5, 09364 - C_V p00o3yl --Loll This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. Signature of Prothonotary or Nputy M03 ?9. V14ce /A STATE va so/ SPiryi4, llC was Claimant (see Pa. R. C. P. D. J. No. 1001(6) in action 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 Enter rule upon ??pat e Name of appellee(s) appellee(s), to file a complaint in this appeal (Common Pleas No. ,?` -- d '/I1 (fJI/r / ) within twenty (20) days aft se ice of or suffer entry of judgment of non pros. Signature of appegant or attomey or agent RULE: To Sue, appellee(s) Name of appellee(s) (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: ?doy, 20 / ignature of Prothonotary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE -COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW - APPELLANT'S 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 Bing 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) or ,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 affiaot Signature of official before whom affidavit was made Title of official My commission expires on -__._.__.......... _...__., 20 l? r17 Y S I is ASNN3d € Wn ?tZ 101 I OG n7 3 E__ `C MMONWEALTH OF PENNSYLVANIA C UNTY OF CUMBERLAND 'Notice of Judgment/Transcript Civil mr:?N Case r Mag. Dist. No: MDJ-09-3-04 MDJ Name: Honorable Thomas A. Placey Address: 5275 East Trindle Road Suite 110 Mechanicsburg, PA 17050 Telephone: 717-697-2201 Brown's Pool Service, LLC c/o Danny Brown 207 Center Street Enola, PA 17025 Disposition Summary Docket No MJ-09304-CV-0000341-2011 Judgment Summary Participant Brown's Pool Service, LLC Janie Sue Gettel V. Brown's Pool Service, LLC Docket No: MJ-09304-CV-0000341-2011 Case Filed: 6/8/2011 Plaintiff Defendant Disposition Janie Sue Gettel Brown's Pool Service, LLC Judgment for Plaintiff Joint/Several Liability Individual Liability $0.00 $6,995.49 Judgment Detail (*Post Judgment) In the matter of Janie Sue Gettel vs. Brown's Pool Service, was awarded as follows: Judgment Component Joint/Several Liability Civil Judgment $0.00 Costs $0.00 Disposition Date 10/04/2011 Amount $6,995.49 LLC on 10/04/2011 the disposition is Judgment for Plaintiff and judgment Individual Liability Deposit Applied Amount $6,848.49 $6,848.49 $147.00 $147.00 Grand Total: $6,995.49 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 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 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 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. Date - M Placey certify that this is a true an correct copy o the reco o f a mgs containing the l Tg7 t. ate Magisterial Distri d e Thomas A. Placey MDJS 315 Page 1 of 2 Printed: 10/04/2011 11:47:57AM Janie Sue Gettel v. Brown's Pool Service, LLC Participant List Plaintiff(s) Janie Sue Gettel 3900 Chippenham Road Mechanicsburg, PA 17050 Defendant(s) Brown's Pool Service, LLC c/o Danny Brown. 207 Center Street Enola, PA 17025 Docket No.: MJ-09304-CV-0000341-2011 MDJS 315 Page 2 of 2 Printed: 10/04/2011 11:47:57AM Jamie Sue Gettel, Plaintiff V. Brown's Pool Service, LLC, Defendant (010000"t 0*11,214%tq. ,tb District Court 09-3-04 CV-0341-2011 SUMMARY OF FACTS Plaintiff acquired a home in 2010 that has an in-ground pool for which she sought the services of Defendant to "close" the pool for the season in September/October 2010. Defendant used landscaping stones to hold down the existing used tarp covering the pool as the existing used water bags were in disrepair. This arrangement collapsed into the pool and unknown at the time caused damage to the pool liner. Defendant put on a new safety cover to replace the old tarp at a cost of $1566.99. The damage to the liner caused the loss of water in the closed pool and the lower water level caused the collapse of the new safety cover. In February 2011, Defendant agreed to remove and repair both the safety cover and liner. A series of emails was sent back and forth without repair of either and Plaintiff had another entity repair the liner and set up the pool for use at a cost of $5281.50. Plaintiff brings this action to recover the cost of the safety cover and damage repairs together with unknown cost for diving board repair, loss of pool use and legal fees. Defendant responds by indicating that the series of emails shows an agreed upon settlement for the cost of the safety cover in full satisfaction., It has not tendered the purported agreed upon monies to Plaintiff but stands able to do so. Defendant contends that the liability is limited to the safety cover amount. DISCUSSION The burden in every civil case is on the moving party to show that the other party has breached an owed duty, which has resulted in measurable but mitigated damages. In this case Defendant asserts the duty is found in the parties agreed upon settlement. A detailed review of the 30 plus pages of electronic messages shows a phone message on 26 May 2011 at 2:17 PM revealing a frustrated Plaintiff cutting her losses by seeking recovery of only the safety cover. This is followed by an email on 27 May 2011 at 8:44 AM from Plaintiff rescinding the settlement offer after speaking with an attorney, which is followed by an email from Defendant on 27 May 2011 at 9:07 AM 'The court's review of this series of documents caused a one day delay in the stated decision date. The appeal period announced in open court begins to run from the date of this decision. accepting the offer but advising Plaintiff to advise her attorney of the prior settlement offer phone message. Defendant's acceptance of the offer is 24 minutes too late as the purported offer had been rescinded and it cannot now be retroactively enforced. In reverse this case is now left with the original claims for damages and loss of use. Defendant's own words in an email succinctly describe his liability, "I agree with you that your landscaping rocks that I used to secure your old cover appears to have caused a leak that is slowly allowing the water level to drop below the required 18" to help support the safety cover during heavy snow/ice conditions." The multiple offers made back and forth to settle the matter are not part of this damage action. It is found that Defendant breached an owed duty to properly "close" the pool, which was not done and has resulted in damage. Plaintiff's damage claim goes beyond the removal and repair of damages to include items not shown to be a part of the "close" service. The award on the claim will be for Plaintiff's actual out of pocket losses for the removal and repair items to the pool. Judgment is in favor of Plaintiff in the amount of $6848.49 together with the costs of this action. The parties have previously been advised of their appeal rights and the original exhibits have been returned to the presenting party. 4 October 2011 By the Court Thomas X Placey M.D.J. s O r? r? Ln r- ro O M O O O r- Ln r9 U.S . Post al Ser vice, . CE RTIF IED MAIL TM REC EIPT (Dom estic M ail Only ; No Ins urance C overage Provided) l it a b s corn w u t w For d elivery in formatio t o n vls e ur we s . . p w rt t ?e Return Receq,i Fee (Endorsement Rec, med) Restricted Celivt:r,, Fee (Endorsement Ree,.ilred) Postmark Here b^ Total Postage i Fees M O -<> CD C- X °--I C? <C -Tj C7 r-q Sent T( 'a p Street Apr. NO,; 0 r` or PO Box No. C61 Yn) :----PC- ----------------- City. Stale ZfP+- rye / ^ f Z Q Yd PS Form 3800 Auq?;s? 2006 !,)!,T, uctions I L AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WTHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ,, )?j ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas %- ?l,2 , upon the District Justice designated therein on (date of service) /d 3 / 20 /1 ® by personal service ? by (certified) (regi tered) mail, sender's receipt attached hereto, and upon the appellee, (name) ?A N 1 L '. S U t Ge L on v L ?a 20_11 ? by personal service ® by Ve-r ifi (registered) mail, sender's receipt attached hereto. (SWORN) (AIRS ED OFND SI,?BS?,Rt? BE20 l ME THIS $ ?(jj ((JJ cnu Signature of olficiai before from affAvit was made t7l,ep a'/y lglkA-O" Tine of official My commission expires on ? 0 <„ " &/- Signature of affiant nf?rW 3??^ R TUNOAOTARY CF Tg ii 101t DEC 29 Ail ! l 3 CUMISI.A" Cfl aTY VZNNSYLV % JANIE SUE GETTEL, Plaintiff VS. DANNY BROWN and BROWN'S POOL SERVICE, LLC., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2011-8015 NOTICE TO PLAINTIFF NAMED HEREIN: YOU ARE HEREBY NOTIFIED TO RESPOND TO THE ENCLOSED ANSWER AND NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. Date: ?? • ?? as?? Samuel L. Andes Attorney for Defendants Supreme Court ID 17225 525 North 12th Street P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 JANIE SUE GETTEL, Plaintiff vs. DANNY BROWN and BROWN'S POOL SERVICE, LLC., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2011-8015 DEFENDANTS' ANSWER AND NEW MATTER AND NOW come the above-named Defendants, by their attorney, Samuel L. Andes, and make the following Answer to Plaintiff's Complaint: 1. Admitted. 2. Admitted. By way of further answer, however, Defendants state that Danny Brown acted, at all times relevant to this action, as an identified and disclosed agent of Brown's Pool Service, LLC., and, as such, is not personally liable to the Plaintiff on her claims. 3. Admitted. 4. Admitted. 5. Denied. Brown's Pool Service, LLC. (hereinafter "LLC") agreed to provide services to Plaintiff in this matter. 6. Denied as stated. The LLC used landscaping stones to hold the cover in place on a temporary basis only. LLC advised Plaintiff that the stones were only a temporary arrangement and that she should obtain water tubes to properly secure the pool liner. Plaintiff said she would do so promptly. 7. Denied. LLC advised Plaintiff that she should get water tubes immediately because the landscaping stones were only a temporary arrangement and the water tubes were necessary to properly secure the pool cover. LLC also advised Plaintiff that her pool cover was too small to adequately protect her pool and be properly secured and recommended that the pool cover be replaced. 16. Denied. LLC closed Plaintiff's pool for the season in the fall of 2010. Subsequent to that, the parties agreed that LLC would install a new pool cover for Plaintiff and LLC installed that pool cover in accordance with the parties' agreement. 17. Denied. Any representations were made by LLC, not by Mr. Brown individually. It ` is admitted that LLC is a competent pool service company. 18. Denied. All work performed by LLC was done in a workmanlike manner. 19. Denied. Any damage to Plaintiff's pool liner and cover were caused by Plaintiff's own negligence. 20. Denied as stated. The contract was between Plaintiff and LLC and Mr. Brown was not a party to that contract. 21. Defendants have no knowledge of the averments int his Paragraph because that information is within the control of Plaintiff and so Defendants deny these averments and demand proof thereof at trial. 22. Denied. Defendants have not breached any promises to Plaintiff. 23. Denied. All discussions between Plaintiff and Mr. Brown were discussions in which Mr. Brown was a disclosed and recognized agent of LLC. WHEREFORE, Defendants request that judgment be entered in their favor and that Plaintiff s Complaint be dismissed. COUNT II - VIOLATION OF THE PENNSYLVANIA UNFAIR TRADE PRACTICES ACT AND CONSUMER PROTECTION LAW 24. Defendants incorporate herein the averments set forth in the foregoing paragraphs of this Complaint and of their New Matter. 25. No answer required because this Paragraph states only conclusions of law. 26. No answer required because this Paragraph states only conclusions of law. 27. Denied. Mr. Brown had no obligation to provide services to Plaintiff. The services provided by LLC were provided in a workmanlike manner. Defendants incoprorate herein, by reference, the averments set out in their New Matter. 28. Denied. The Defendants have the skill and competence necessary to perform the work under any agreements with Plaintiff in a workmanlike and competent fashion and, in fact, did so perform those services. 29. Denied. Defendants made no misrepresentations to Plaintiff and did not cause her injury in any way. 30. Denied. Defendants made no such misrepresentations that were not accurate. 31. Defendants deny that the cited statute grants Plaintiff the relief she seeks. Defendants deny that any of their conduct was intentional or reckless or that they made any misrepresentations to Plaintiff. WHEREFORE, Defendants request the court enter judgment int heir favor and to dismiss Plaintiff s Complaint. COUNT III - UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW VIOLATION 32. The averments set forth in the foregoing Paragraphs of this Answer and of Defendants' New Matter are incorporated herein by reference. 33. No answer required because the statements in this Paragraph are only conclusions of law to which no factual answer is required. 34. Denied. Most of the arrangements between the parties were made by e-mail and telephone. 35. Denied. Defendants acknowledge the language of the statute but deny that those provisions apply to the transactions between Plaintiff and Defendant. 36. Admitted. However, neither Defendant was required to provide such contract or notice to Plaintiff. 37. Denied. Although it is admitted that the statute contains those provisions, it is denied that those provisions apply to Defendants and that Plaintiff is entitled to treble damages, attorneys fees, and costs. WHEREFORE, Defendants request this court to enter judgment in their favor and to dismiss Plaintiff s Complaint. NEW MATTER By way of further Answer, Defendants set forth the following New Matter" 38. At all times relevant to this action, Danny Brown acted as a disclosed representative and agent of LLC. 39. At all times relevant to this action, Plaintiff knew that Danny Brown was a disclosed agent and representative of LLC. 40. The liner in Plaintiffs pool was at least 13 years old by the summer of 2010. It had a history of leaks and had been repaired numerous times, on some occasions by non- professional persons. 41. When LLC first inspected Plaintiff's pool, in about September of 2010, LLC recommended that Plaintiff replace the liner because of its deteriorated condition. 42. In the fall of 2010, Plaintiff engaged LLC to close her pool. When LLC did that, it learned that the existing pool cover was too small to be adequately secured and that there were no water tubes available to secure it. At that time, LLC through its agent, informed Plaintiff that the cover was too small and could not be secured without water tubes, advised Plaintiff that the landscaping stones used to temporarily secure the pool cover were only temporary and should be replaced as soon as possible, and advised Plaintiff to obtain at least ten of fifteen water tubes to properly secure the pool cover. 43. Defendants believe that Plaintiff contacted pool supply companies to obtain costs or prices to purchase water tubes. II 44. Plaintiff failed to install water tubes or take other measures to replace the landscaping stones which had been temporarily placed to secure the pool cover, all contrary to the advice of LLC. 45. Sometime in the fall of 2010, Plaintiff reported to LLC that the pool cover had fallen into the pool and hired LLC to install a new pool cover. 46. When LLC installed the new pool cover in 2010, it determined that the pool liner was not leaking because the water level in the pool had not dropped and there was no evidence of damage to the pool liner. 47. In November of 2010, at Plaintiff's request, LLC returned to Plaintiff's property to inspect the new pool cover and explain its operation to Plaintiff. At that time, LLC determined again that the water level had not dropped in the pool and that there were no leaks in the pool and no evidence of damage to the pool liner. 48. In January of 2011, Plaintiff called LLC because the pool cover had fallen into the pool. When LLC inspected the pool it determined that the pool cover had fallen in and that the water level in the pool had dropped several inches or more. LLC again advised Plaintiff that she needed a new pool liner and offered to replace the pool liner at a discounted price. 49. LLC provided to Plaintiff a proposal to replace the liner in Plaintiff's pool at a discounted price. Attached hereto, and marked as EXHIBIT A is a copy of that proposal. 50. In April or May, Plaintiff accepted LLC's proposal to install a new pool liner and requested that LLC open her pool at the same time. The parties agreed that the work would be done when weather permitted. 51. Because of weather and other delays, LLC was not able to open Plaintiff's pool or install the new pool liner before the end of May. 52. Plaintiff became impatient with the delay and notified LLC that, if it could not install the pool liner by 3 June 2011, she wanted to cancel all the arrangements between the parties, receive a refund of the money she had paid for the pool cover, and she would "cut my losses and get someone else to do the pool liner." Attached hereto and marked as EXHIBIT B is a r transcript of a message left on LLC's voice mail. 53. The same evening that LLC received Plaintiff's proposal to terminate all arrangements between the parties in exchange for a refund, LLC, by its representative, responded by e-mail indicating that LLC would refund the money and not install a new pool liner or replace the water in her pool. Attached hereto, and marked as EXHIBIT C, is a copy of that e-mail. 54. Plaintiff subsequently changed her mind and demanded additional services and payments from Defendants. Defendants refused to pay those because of the agreement between the parties and Plaintiff's communications regarding settlement of the dispute. 55. Plaintiff waived her claims against both Defendants. 56. Plaintiffs claim is barred by the doctrine of waiver. 57. Plaintiff s claim is barred by the doctrine of estoppel. WHEREFORE, Defendants request that this court enter judgment in their favor and dismiss Plaintiff's Complaint. Samuel L. Andes Attorney for Defendants Supreme Court ID # 17225 525 North 12' Street P.O. Box 168 Lemoyne, Pa 17043 (717) 761-5361 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: i a 1S I Brown's Pool Service, LLC 4e? By: Danny Brown CERTIFICATE OF SERVICE I hereby certify that I served an original of the foregoing document upon counsel for the Plaintiff herein by regular mail, postage prepaid, addressed as follows: Wayne Pecht, Esquire 1205 Manor Drive Mechanicsburg, PA 17050 Date: 28 December 2011 - Amy M. arkins cretary for Samuel L. Andes r 'I e)(vAii3l*T Brown's Pool Service, LLC 717-732-2748 Gettel Quote 21512011 Liner Installed Discounted Price* Water OPPEL Water 23,000 gal Measure Pool If blueprint can not be located Remove old liner Repair minor divots Replace skimmer face platelgasket & return eyes Credit for 112 water` +0uote is accurate for 45-days Visit us on the web htto 118rownsPOOLService.com PA 48845 Thank you ? $2,372.00 $800.00 N1C* N1C* NIC* N1C* ($400,00) 4 ti J E Gettel Phone Message Transcription by Danny Brown Transcription of phone message from phone number 717-307-1926 (Janie Gettel cell phone) on May 26, 20112:17:3 8 PM to Browns Pool Service, LLC Hi Danny, It's Janie Gettel, Hey I sent you an e-mail but I wanted to follow with a phone call here. Um, I'm, I'm pretty up set as you know, to be quite honest. I think I should have been one of your first pools or the first pool since it's a pool with issues and I spent all that money on a cover. So at this point, if you don't want to get to my pool by June third or you can't get to it by June third. Why don't we just refund me the money that I paid for the cover and I'll cut my loses and get someone else to do the pool liner. Or um I mean that's all I can think of honestly. I'm just so frustrated with this whole pool thing and I know this is a part-time business for you but, you know ah you got eight days to get to my pool and you said there was one other person in front of me and again I think I should have been your first pool. But, since I'm not um you know I need to get this resolved. I don't want to have to go the route of an attorney. So if you could uh give me a call back I don't want to keep e-mailing back and forth. If you could give me a call. You could get my voice mail. You know what you'd like to do. END OF MESSAGE `C e)(VA113110T XFIMTY Connect XFINITY Connect Page 1 of 1 dbrown2480comcasLne' + Font Size - Re: My Liner From : Danny Brown <dbrown248@comcast.net> Subject : Re: My Liner To : Janie Gettel (CLL) <Janie.Gettel@DexOne.com> Thu, May 26, 201109:38 PM Janie: as per your phone message to me today, I will refund your money for the winter cover you bought from me and I will not install a new liner in your pool or replace the water in your pool. Danny Brown 717-732-2748 PA48845 http://BrownsPOO service.com ----- Original Message ----- From: "Janie Gettel (CLL)" <Janie.Gettel@DexOne.com> To: "Danny Brown" <dbrown248@comcast.net> Sent: Thursday, May 26, 201112:14:12 PM Subject: RE: My Liner May I ask why with only one other liner ahead of me and that being 8 days away... You said I was 3rd and the weather seems to have gotten better for us so now you have 1 other in front of me and 8 days to get them done. From: Danny Brown [mailto:dbrown248@comcast.net] Sent: Wednesday, May 25, 20115:12 PM To: Gettel, Janie (CLL) Subject: Re: My Liner Hi Janie, I got one liner installed so far. I don't think I'll be able to install your liner by June 3rd. Danny Brown 717-732-2748 PA48845 http:/BrownsPOOLservioe.com - Original Message - From: "Janie Gettel (CLL)" <Janie.Gettel@DexOne.com> To: "Danny Brown" <dbrown248@comcast.net> Sent: Wednesday, May 25, 2011 11:20:17 AM Subject: My Liner With the last couple of days of somewhat decent weather can you update me on my liner installation? I can't stress enough how many upset people there will be if it is not open the weekend of June 3rd..... I know you don't have a magic weather wand but if the days continue like this I would hope we could get mine completed.. You said I was 3rd on the list did you do the other 2 yet? Janie Janie Gettel I Marketing Consultant I Dex One Publisher of the CenturyLinkT"' Yellow Pages Mobile: 717-307-1926 1 Tel: 717-258-7044 Fax: 717-258-7056 www.DexOne.com http://sz0187.wc.mail.comeast.netlzimbra/h/print message?id=202360&xim=1 12/16/2011 C- PECHT & ASSOCIATES, PC Wayne M. Pecht, Esquire PA ID 38904 1205 Manor Drive, Suite 200 Mechanicsburg, PA 17055 (717) 691-9808 Attorney for Plaintiff FiLEO-OFFICE. THE PROTHONOTARY 2012 JAN 13 AM 1t' 22 CUMBER SYL??w A TY PENN JANIE SUE GETTEL, Plaintiff V. DANNY BROWN and BROWN'S POOL SERVICE, LLC, Defendants :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW : NO. 2011-8015 ACCEPTANCE OF SERVICE I hereby acknowledge and accept service of the Complaint filed on November 30, 2011 on behalf of the Defendants, Danny Brown and Brown's Pool Service, LLC, in the above- captioned action. Z-3 tNaz'e- '2011 Date 1 L. An es, Esquire PA ID No.: 525 North Twelfth Street PO Box 168 Lemoyne, PA 17043 Attorney for Defendants Pecht & Associates, PC Wayne M. Pecht, Esquire PA Id No.: 38904 1205 Manor Drive, Suite 200 Mechanicsburg, PA 17055 (717) 691-9808 FILED-OFFICE r OF THE PROTHONOTARY 2012 JAM 18 AM I I : 54 CU PENNS YLVANIA 3Y JANIE SUE GETTEL, Plaintiff V. DANNY BROWN and BROWN'S POOL SERVICE, LLC, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA : CIVIL ACTION -LAW : NO. 2011-8015 REPLY TO NEW MATTER NOW, COMES Plaintiff, by her attorneys, Pecht & Associates, PC, and makes the following Reply to New Matter: 38. (corresponding to numbering of Defendants' New Matter) Denied. Danny Brown did not disclose that he was exclusively a representative of an entity during his interactions with Plaintiff. Further, the allegation contained in Paragraph 38 states a legal conclusion to which no response is required. 39. Denied. Plaintiff did not know or understand that Danny Brown was acting only as a representative or agent of an entity. Strict proof thereof is demanded at trial, if relevant. 40. Denied. Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph 40, and strict proof thereof is demanded at trial, if relevant. 41. Denied. Danny Brown inspected the Plaintiff's pool, and proof as to whether he inspected it on his own behalf or on behalf of an entity is demanded at trial, if relevant. It is specifically denied that the pool liner was in any way deteriorated. 42. Denied. The allegations of Paragraph 42 are specifically denied. Defendants, on their own initiative, used landscaping stones to secure Plaintiff's pool cover. Even after Plaintiffs objections to the use of the landscaping stones, Defendants advised her that their use was appropriate. 43. Denied. Plaintiff has no knowledge or information concerning what Defendants believe. 44. Denied. Defendants specifically had the duty to properly secure Plaintiff's pool cover, and did so in a negligent and unworkmanlike manner. At no time did Plaintiff accept the duty or responsibility for replacing or securing her pool cover. 45. Denied. Plaintiff did not engage Defendants to install a new pool cover. 46. Denied. So little time had passed between the two events that leaks would not be detectable by water level alone. 47. Denied. Defendants never returned to Plaintiffs house to explain the operation of the pool cover to her. 48. Denied. Defendants simply said it was too cold to work on the pool in January. 49. Admitted. 2 50. Admitted in part and denied in part. It is admitted that Defendants undertook the duty and responsibility to install a new pool liner for Plaintiff and to open the pool. It is denied that the parties agreed that the work would be done when weather permitted. Specifically, Defendants represented to Plaintiff that she would be the first customer of the season for which they would perform these services. 51. Admitted in part and denied in part. It is admitted that Defendants did not comply with their obligations to open Plaintiffs pool before the end of May. It is specifically denied that weather and "other delays" caused them to miss their agreed upon deadline. On the contrary, Defendants simply ignored Plaintiffs request to comply with their duties and obligations. 52. Denied. The voicemail speaks for itself to the extent the same is even admissible at trial or represents an actual message. It is specifically denied that Plaintiff ever released Defendants from their obligations, and in any event, Defendants never returned Plaintiffs money. 53. Denied. The email attached as Exhibit "C" speaks for itself. 54. Denied. Plaintiff has only ever demanded from Defendant the benefit of her bargain and what Defendants had agreed to do for her in the first place. There was no settlement of this claim ever reached, and all allegations to the contrary are hereby denied. 55. Denied. Paragraph 55 states a legal conclusion to which no response is required. 3 56. Denied. Paragraph 56 states a legal conclusion to which no response is required. 57. Denied. Paragraph 57 states a legal conclusion to which no response is required. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment in her favor and against Defendants. January 16, 2012 Respectfully submitted, PECHT & ASSOCIATES, PC BY: Wayne M. Pecht, Esquire PA. I.D. No. 38904 1205 Manor Drive, Suite 200 Mechanicsburg, PA 17055 Phone: (717) 691-9808 Fax: (717) 691-2070 Attorneys for Plaintiff 4 VERIFICATION I, Janie S. Gettel, the Plaintiff herein, state that the averments contained in the foregoing pleading are true to the best of my knowledge, information and belief. Further, I am aware that any false statements made herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date:- 1-16- lu yy Jan S. ttel r . CERTIFICATE OF SERVICE I, Wayne M. Pecht, Esquire, hereby certify that I have served the foregoing Reply to New Matter, this date by United States First Class Mail, postage prepaid, addressed as follows: Samuel L. Andes, Esquire 525 North Twelfth Street P O Box 168 Lemoyne, PA 17043 January 16, 2012 PECHT & ASSOCIATES, PC kfAV Wayne M. Pech , Esquire PA. I.D. No. 38904 1205 Manor Drive, Suite 200 Mechanicsburg, PA 17055 Phone: (717) 691-9808 Fax: (717) 691-2070 Attorneys for Plaintiff JANIE SUE GETTEL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, : PENNSYLVANIA V. : CIVIL ACTION -LAW : NO. 2011-8015 DANNY BROWN and BROWN'S POOL SERVICE, LLC, Defendants ORDER AND NOW, this day of April 2012, upon consideration of Plaintiffs Motion for Status Conference, it is hereby ORDERED that a Status Conference shall 2012, at • 30 o'clock . M., in the 444 be held on --- ?'? V gals b? v??,.. ?????•? ?' J? BY ,J Thomas A. Placey °'°ommon Pleas Judg e Distribution to: Wayne M. Pecht, Esquire Pecht & Associates, PC 1205 Manor Drive = .- Suite 200 Mechanicsburg, PA 17055 Samuel L. Andes, Esquire -?• r 525 North Twelfth Street X c= rah P O Box 168 Lemoyne, PA 17043 ?C `d WHITE AND WILLIAMS LLP BY: T. Justin Chapman Identification No. 205598 1650 Market Street One Liberty Place, Suite 1800 Philadelphia, PA 19103-7395 215.864.6394 chapmant@whiteandwilliams.com Attorneys for Defendants, Danny Brown and Brown's Pool Service, LLC JANIE SUE GETTEL V. DANNY BROWN and BROWN'S POOL SERVICE, LLC CUMBERLAND COUNTY COURT OF COMMON PLEAS NO. 2011-8015 ENTRY OF APPEARANCE TO THE PROTHONOTARY: MW = = ?' -¢ ( f 'r J r C T ... .` .Zip .• i Jr- Kindly enter my appearance on behalf of the Defendants, Danny Brown and Brown's Pool Service, LLC, in the above matter. WHITE AND WILLIAMS LLP BY: / ;/. Justin Chapman, Attorneys for Defendants, Danny Brown and Brown's Pool Service, LLC 9244817v.1 Pecht & Associates, PC Wayne M. Pecht, Esquire PA Id No.: 38904 1205 Manor Drive, Suite 200 Mechanicsburg, PA 17055 (717) 691-9808 rt ,r, FF q i 2 f±s`' i . NN5YLVAN1A JANIE SUE GETTEL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, : PENNSYLVANIA V. : CIVIL ACTION -LAW : NO. 2011-8015 DANNY BROWN and BROWN'S POOL SERVICE, LLC, Defendants PRAECIPE TO SETTLE, SATISFY and DISCONTINUE To: David Buell, Prothonotary Please mark the above-captioned action settled, satisfied, and discontinued. Respectfully submitted, Salhu'el L. Andes, EsgJ1're PAID No.: 17225 525 North Twelfth Street Lemoyne, PA 17043 Telephone: 717-761-5361 Facsimile: 717-761-1435 Attorney for Defendants PECHT & ASS CIATES, PC BY: /'/0 ayne M. Pecht, Esquire PA. ID No. 38904 1205 Manor Drive, Suite 200 Mechanicsburg, PA 17055 Telephone: (717) 691-9808 Facsimile: (717) 691-2070 Attorneys for Plaintiff