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Home My WebLink About04-4848 II ALEX R. SZELES, INC., ) PLAINTIFF ) ) ) vs. ) ) RAFAEL BELLlDO and ZOE BELLI DO, ) his wife, ) DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 0'1- lJf'lP {!o..,J-r:;......... COMPLAINT AND NOW, comes the above-named Plaintiff, by its attorney, Samuel L. Andes, and files the following Complaint in this matter: 1. The Plaintiff is ALEX R. SZELES, INC., a Pennsylvania business corporation which maintains its principal offices in Harrisburg, Pennsylvania. 2. The Defendants are Rafael Bellido and Zoe Bellido, his wife, adult individuals who reside at 1601 Grey Street in Mechanicsburg, Cumberland County, Pennsylvania. 3. The Defendants formerly owned a home and real property at 879 Mandy Lane in Camp Hill, Cumberland County, Pennsylvania and owned that property at all times relevant to this action. 4, At some time in late 2002, Defendants' home was damaged when a water heater exploded in their residence and caused significant physical damage to the house itself and the contents. 5. In March of 2003, at the request of Defendants and their insurance representatives, Plaintiff prepared a proposal to repair the damage done to the Defendants' home. Plaintiff's proposal was submitted both to the Defendants and to their insurance representative at Erie Insurance Company. Attached hereto and marked as Exhibit A is a copy of that proposal which outlines the work which Plaintiff proposed to do and the price Plaintiff proposed to charge for that work, to wit $34,763.38. II 6. Defendants accepted Plaintiff's proposal to do the work described in Exhibit A, for the price set forth in that proposal, and authorized Plaintiff to do the repair work. 7. After Plaintiff commenced work on Defendants' home, Plaintiff and Defendants discovered additional work which was necessary to repair the damage to Defendants' home caused by the water heater explosion and resulting damage and Defendants requested Plaintiff to do certain work to clean, repair, and restore contents of their home which were damaged. In response to the request of Defendants and their insurance representative, Plaintiff prepared a second proposal, to do the additional repairs and cleaning to the Defendants' home and contents and submitted that proposal to both Defendants and their insurance representative. In that proposal, Plaintiff outlines work it proposed to do and the price it proposed to charge for that work to wit, $17,106.80. A copy of that proposal is attached hereto and marked as Exhibit B. 8. Defendants accepted Plaintiff's proposal to do the work outlined in Exhibit B for the price proposed by Plaintiff and authorized Plaintiff to do the work, Thereafter, Plaintiff well and truly performed its obligations as outlined in the proposals attached hereto as Exhibits A and B and performed its work in a proper and workmanlike manner. g, Defendants have failed and refused to pay Plaintiff for the work Plaintiff did on Defendant's home and contents, COUNT I - CONTRACT By virtue of the communications and actions of the parties, an oral and enforceable agreement between the parties arose whereby Plaintiff agreed to do the work described in Exhibits A and B and Defendants agreed to pay Plantiff the total amount of $51,870.18. 10. Plaintiff well and truly performed its obligations under the agreement between the parties. 11. Despite repeated requests and demands by Plaintiff, Defendants have failed and refused to make any payment to Plaintiff for the work done. By their II conduct, Defendants have breached the agreement between the parties and have injured Plaintiff in the amount of $51,870.18 plus interest after 15 November 2003, WHEREFORE, Plaintiff demands judgment against the Defendants in the amount of $ 51,870.18 plus interest after 15 November 2003 plus costs of suit. COUNT" - UNJUST ENRICHMENT Plaintiff provided work, materials, and services to Defendant at Defendants' request, instruction, and direction and with Defendants' full authorization. 12, Defendants have retained the benefit of all of the materials and work provided to them by Plaintiff. 13. The fair value of the work performed by Plaintiff on Defendants' home and contents is $51,870.18. as more specifically set out in Exhibits A and B attached hereto. 14. Despite repeated requests and demands by Plaintiff, Defendants have failed and refused to make any payment for the valuable work done on their property by Plaintiff. 15. Defendants have been unjustly enriched by Plaintiff's work on their property, which they authorized and requested and for which they have not paid. WHEREFORE, Plaintiff demands judgrnent against the Defendants in the amount of $51,870.18, plus interest after 15 November 2003. plus costs of suit. Sa el L. Andes Attorney for Plaintiff Supreme Court 10 # 17225 525 North 12th Street Lemoyne. Pa 17043 (717) 761-5361 II II I 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: f/I5j'.., ALEX R, SZELES, INC, ~'<<;6- 7 LJ[pv -'J"''''''';'' II EXHIBIT A Alex R. Szeles Inc. 5110 Lancaster St. Harrisburg, PA 17111 (717) 561-0230 (717) 561-0230 03/13/2003 Client: Rafael & Zoe Bellido Address: 879 Mandy Lane Camp Hill, PA 17011 Estimator: Joseph Lapano Reference: Mr. John Miner Claims Adjustor Cornpany: Erie Insurance Company Address: P.O. Box 2013 Mechanicsburg, PA 17055 Estimate: BOLIDO This estimate deals with the restoration of the above captioned property damaged by a water heater malfunction. Please note that damage from other non covered area's are not addressed. Roof leaks and water seepage problems need to be rectified to insure agianst any re-occurance. Painting of walls in rooms where sealing was completed by prior contractor in upper level is included. Additional painting may be necessary due to removal of duct tape installed on surfaces by initial mitigation firm. Contents removal from site will be billed at later date. ~ Alex R. SZeles Inc. Rafael & Zoo Bellido 03/13/2003 Page:2 Lower Level Roan: Family Roan LxWxH: 22'0" x 13'6" x 7'811 ------------------- Remove Remove existing vinyl tile 297 SF 0.46 136.62 Remove expandable sealant from 4HR 22.00 88.00 fireplace surround and all framing to allow for drywall installation. Clean and sanitize floor 297 SF 0.33 98.01 Hepa vac and sanitize wall and ceiling 842 SF 0.15 126.30 area's Application of Fosters anti microbial 569 SF 1.08 614.52 sealant to exposed block walls, framing , and floor area. R&R 1/2" drywall - hung, taped, 408.75 SF 1.41 576.34 floated, ready for paint Seal/Prime then paint the walls & 842 SF 0.67 564.14 ceiling R&R Casing 60 LF 1.50 90.00 Paint casing - two coats 60 LF 0.69 41.40 R&R Baseboard - 3 1/4" 71LF 1.71 121. 41 Paint baseboard - two coats 71LF 0.64 45.44 R&R Door opening trim (jamb & casing) lEA 70.43 70.43 Paint door trim & jamb lEA 13.87 13.87 Interior door - Detach & reset - slab lEA 29.47 29.47 only Clean door lEA 6.00 6.00 Floor preparation - heavy 297 SF 0.40 118,80 R&R Resilient (v/a type) tile flooring 297 SF 2.28 677 .16 Clean window unit 2EA 5.50 11.00 R&R Baseboard electric heater - 10' lEA 150.16 150.16 R&R 110 volt copper wiring run, box and 7EA 48.00 336.00 plug or switch R&R Phone, TV, or speaker outlet 2EA 15.53 31.06 R&R Fireplace wood trim/surround 1LF 63.05 63.05 Prime and paint new surround lEA 32.00 32.00 Step charge for carpet installation 7EA 9.00 63.00 R&R Carpet - (material and labor) 8SY 25.66 205.28 R&R Carpet pad 8SY 4.76 38.08 Roan: Hallway LxWxH: 8'4" x 3'1" x 7'8" ----------------------------------------------------------------- Remove Remove existing vinyl tile Clean and sanitize floor Hepa vac and sanitize wall and ceiling area's Apply Fosters sealant to exposed framing area, 26 SF 26 SF 202 SF 0.46 0.33 0.15 11. 96 8.58 30.30 88 SF 1.08 95.04 Alex R. SZeles Inc. Rafael & Zoe Bellido Continued - Hallway ----------------------------------- R&R 1/2" drywall - hung, taped, floated, ready for paint Seal/Prime then paint the walls & ceiling R&R Casing Paint casing - two coats R&R Baseboard - 3 1/4" Paint baseboard - two coats R&R Bifold door set - Colonist Paint door - bifold set (per side) Floor preparation - heavy R&R Resilient (v/a type) tile flooring R&R Shelving - 24" - in place Roan: Laundry Clean and sanitize floor Hepa vac and sanitize wall and ceiling area's Apply Fosters sealant to exposed framing area. Clean window unit R&R 1/2" drywall - hung, taped, floated, ready for paint Temporary bracing to ceiling joists R&R Stud wall - 2" x 4" x 4' - 16" oc on outside wall R&R Batt insulation - 4" - R13 in exterior wall area Seal/Prime then paint the walls & ceiling R&R Casing Paint casing - two coats R&R Baseboard - 3 1/4" Paint baseboard - two coats R&R Interior door unit Paint door (per side) R&R 1/2" Cement board Floor preparation for sheet goods - Heavy R&R Resilient (v/a type) tile flooring R&R Light fixture Toilet - Detach & reset Clean toilet Remove and reset wall mount sink unit Rough in plumbing - reset loose supply and waste lines 88 SF 202 SF 60 LF 60 LF 23 LF 23 LF lEA 2EA 26 SF 26 SF 6LF LxWxH: 67 SF 329 SF 329 SF lEA 329 SF lEA 8LF 64 SF 329 SF 40 LF 40 LF 33 LF 33 LF lEA 2EA 67 SF 67 SF 67 SF lEA lEA lEA lEA 3HR 03/13/2003 Page:3 1.41 0.67 1.50 0.69 1.71 0.64 184.25 21. 62 0.40 2.28 6.20 8'4" x 8'0" x 0.33 0,15 1.08 5.50 1.41 105.00 14.70 0.83 0.67 1.50 0.69 1.71 0.64 154.06 28.00 2.66 0.26 2.34 79.46 86.00 12.66 87.50 45.00 124.08 135.34 90.00 41. 40 39.33 14.72 184.25 43.24 10.40 59.28 37.20 8'0" 22.11 49.35 355,32 5.50 463.89 105.00 117.60 53.12 220.43 60.00 27.60 56.43 21. 12 154.06 56.00 178.22 17 .42 156.78 79.46 86.00 12.66 87,50 135.00 Alex R. SZeles Inc. Rafael & Zoe Bellido 03/13/2003 Page:4 Continued - Laundry ----------------------- - Dryer vent Dryer - Remove & reset Washing machine - Remove & reset lEA lEA lEA 51. 00 33.00 33.00 51. 00 33.00 33.00 Roan: BedrocIn S\lbrocJII 1: Closet LxWxH: LxWxH: 13'0" x 12'1" x 6'0" X 2'5" x 7'8" 7'8" ---------------------------------------------------------------- Clean and sanitize floor Hepa vac and sanitize wall and ceiling area's Apply Fbsters sealant to exposed framing area. Clean patio door (sliding glass) (per side) R&R 1/2" drywall - hung, taped, floated, ready for paint Temporary bracing to ceiling joists R&R Stud wall - 2" x 4" x 4' - 16" oc on outside wall R&R Batt insulation - 4" - R13 in exterior wall area Seal/Prime then paint the walls & ceiling R&R Casing Paint casing - two coats R&R Baseboard - 3 1/4" Paint baseboard - two coats R&R Interior door unit Paint door (per side) R&R Bifold door set - Birch veneer Paint door - bifold set (per side) Floor preparation for sheet goods - Heavy R&R Resilient (v/a type) tile flooring R&R Light fixture R&R Baseboard electric heater - 10' Rocm: Crawl Space 173 SF 0.33 57.09 688 SF 0.15 103.20 688 SF 1.08 743.04 lEA 13.79 13.79 688 SF 1.41 970.08 lEA 165.00 165.00 13 LF 14.70 191.10 257.5 SF 0.83 213.73 688 SF 0.67 460.96 100 LF 1.50 150.00 100 LF 0.69 69.00 68 LF 1.71 116,28 68 LF 0.64 43.52 lEA 154.06 154.06 2EA 28.00 56.00 2EA 158.40 316.80 2EA 21. 62 43.24 173 SF 0.26 44.98 173 SF 2.34 404.82 lEA 79.46 79.46 lEA 150.16 150.16 LxWxH : 26'0" x 19'3" x 5'0" -------------- ---------------- 501 SF 0.94 470.94 6HR 24,00 144.00 954 SF 0.10 95.40 954 SF 0,48 457,92 954 SF 1.08 1,030.32 R&R Batt insulation - 6" - R19 Remove and bag non functiOning ductwork Hepa vac exposed surfaces Clean and sanitize exposed framing, joists, and block wall area. Application of Fosters anti microbial sealant to exposed block walls, framing , and joist area. Alex R. SZeles Inc. Rafael & Zoe Bellido 03/13/2003 Page:5 Continued - Crawl Space --------------------- Visqueen vapor barrier OXene fog treatment to area Dehumidifier unit (per day) Drying fan (per day) 501 SF 2,470 CF 3 DY 3EA 0.24 0.05 45.00 22.50 120.24 123.50 135.00 67.50 Upper Level Roan: Living Roan LxWxH : 19'3" x 13'5" x 8'0" ---------------------- Hepa vac exposed surfaces 782 SF 0.10 78,20 Clean and hepa vac carpets 259 SF 0.26 67.34 Clean window unit - large 2 EA 5.00 10.00 Clean door 1 EA 6.00 6.00 Paint the walls & ceiling - two coats ,-""Iii ("J) 782 SF 0.45 351. 90 Roam: Kitchen___________________________~__~t________~~___::~=~_~___:~~~~_~____~~~~___ Hepa vac exposed surfaces 731 SF 0.10 73.10 Clean vinyl floor covering 231 SF 0.14 32.34 Clean window unit 1 EA 5 . 00 5 . 00 Clean patio door (sliding glass) (per 1 EA 13.79 13.79 side) Clean ceiling fan and light Clean cabinetry - upper Clean cabinetry - lower Clean countertop Roan: Hallway Subroan 1: Offset Subroan 2: Stairs ...l 1(1 <' k oY'>o ~,,.J f \ itt',.; '(t.- i . A. \\ '" ,(t}. ~ lEA 18 LF 18 LF 36 SF 23.89 4.92 5,95 0.26 23.89 88.56 107.10 9.36 LxWxH: LxWxH: LxWxH: 9'0" x 3'0" x 4'0" x 6'0" x 3'0" x 3'0" x 8'0" 8'0" 8'0" -------------------------------------- -------------------------------- Hepa vac exposed surfaces Clean and hepa vac carpets Paint the walls & ceiling - two coats 411 SF 75 SF 411 SF 0.10 0.26 0.45 41.10 19.50 184,95 Roan: Bathroan LxWxH: 7'311 X 5'0" x 8'0" ----------------------------- Hepa vac exposed surfaces Clean vinyl floor covering Paint the walls & ceiling - two coats 233 SF 37 SF 233 SF 0.10 0.14 0.45 23.30 5.18 104.85 Room: Front Balruun LxWxH : 12'0" x 11'3" x 8'0" --------------------------------------------------------- Hepa vac exposed surfaces Clean and hepa vac carpets Clean window unit Clean door 507 SF 135 SF lEA lEA 0.10 0.26 5.00 6.00 50.70 35.10 5.00 6,00 Alex R. Szeles Inc. Rafael & Zoo Bellido 03/13/2003 Page:6 Roan: End Bedroan LxWxH: 15'0" x 10'6" x S'O" Hepa vac exposed surfaces Clean and hepa vac carpets Clean window unit Clean door 566 SF 158 SF lEA lEA 0.10 0.26 5.00 6.00 56.60 41. 08 5.00 6.00 Roan: Rear BedroCIn LxWxH: 14'6" x 13'6" x a'o" ------------------------------------------------------------------------------------------- Hepa vac exposed surfaces Clean and hepa vac carpets Clean window unit Clean door Roan: Master Bathroc1n 644 SF 0.10 64.40 196 SF 0.26 50.96 lEA 5.00 5.00 lEA 6.00 6.00 LxWxH: 8'0" x 5'0" X 8'0" --------------------------------------------------------- Hepa vac exposed surfaces Clean vinyl floor covering Paint the walls & ceiling - two coats 24B SF 40 SF 248 SF 0.10 0.14 0.45 24.BO 5.60 111. 60 Exterior Roan: Rear Subroan 1: Garage Offset R&R Siding - vinyl - replace siding on upper front main house and garage area. Two ladders with jacks and plank (per day) Shutters - Detach & reset Formula : EL:41:17:0 Fbnnula: EL:Zl:8:0 ---------------- 865 SF 2.49 2,153.85 4EA 90.01 360.04 248 SF 1.10 272.80 248 SF 0.48 119.04 248 SF 1.08 267.84 Fbnnula: EL:ZZ:S:O Fbrmula: EL:21:8:0 ------------------------ 344 SF 2.49 856.56 lEA 90.01 90.01 ZEA 18.00 36.00 R&R Siding - vinyl Two ladders with jacks and plank (per day) Remove drywall Siding backer approximately 4' up on lower wall perimeter . Clean and sanitize exposed framing. Application of Fosters anti microbial sealant to exposed framing Roan: Front Subroan 1: Garage Offset Roan: Right Side Fbnnula: EL:ZO:8:S ------------------------------------- R&R Siding - vinyl 210 SF 2.49 522,90 Alex R. SZeles Inc. Rafael & Zoe Bellido 03/13/2003 Page:7 Continued - Right Side Two ladders with jacks and plank (per day) 2EA 90.01 180.02 Roan: Left Side Subrooo1 1: Lower Offset Formula: EL:24:16:S Formula: EL:12:S:0 - ----------------------------------------------------- R&R Siding - vinyl includes chimney Two ladders with jacks and plank (per day) 704 SF 4EA 2.49 90.01 1,752.96 360.04 Roan: Miscellaneous Clean up and rubbish removal Dumpster load BUilding penni t Negative air and air scrubber rental, set up, and removal - per day per unit. 10 days for two units. Set up negative air containment barriers to avoid cross contailnination of structure. NOTE: Air and surface clearence testing not included. non affiliated party at additional costs. 36 HR lEA lEA 20 EA 22.00 725.00 61. 80 165.00 792.00 725.00 61.80 3,300.00 16 HR 22.00 352.00 Testing to be administered by third NOTE: Contents manipulation, moving, cleaning, and return to house not included. Items will be itemized as cleaned and stored. NOTE: Pre-existing conditions which include groundwater or seepage, roof leaks, or rott not caused by the covered peril are not included in mitigation costs. Sales Tax On Cleaning/ Water extraction 6,160 EA 0.06 369.60 services Adjustments for Minimum 118.73 Rafael & Zoe Bellido Total Line Items Overhead @ Profit @ Material Tax @ Grand Total Alex R. Szeles Inc. SUIIIIIary 10% x 10% x 6%x 22,863.27 25,149.60 7,504.05 03/13/2003 Page:8 29,511. 85 2,286.33 2,514.96 450.24 $34,763.38 Rafael & Zoe Bellido Alex R. Szeles Inc. Material Tax 6% Grand Total ~'"""'--~_."'-"-_..."...- .," 03/13/2003 Page:10 -------------- 450.24 -------------- $34,763.38 -------------- CC)py ALEX. R. SZELES, INC. 5110 LANcASlER STREET' HARRiSBURG, PA 17111 . 717-561-0230 I . FAX: Octoher 21, 2003 Mr, Greg Reinhart Claims Adjustor GAB Rohhins 3314 Market Street Suite 101 Camp Hill, PA 170lI RE: Bellido Dear Greg: Enclosed please find our contents cleaning charges and supplemental charges for additional work that was required at the properly, Some of the items which are included had been removed prior to our inspection of the properly and were only discovered when the owner pointed them out, Some of the additional items are as follows, Laundry room: The floors had a layer of plywood sheathing over the cement hoard floor to deaden the sounds, This was removed prior to our inspection, Also the water heater had heen re- connected and needed to he removed in order to install the new flooring and the vinyl floor, shorts were found in various wires which appeared to have heen sliced by utility knives or some sharp ohject. Pamily mom: The walls in the family room had been insulated with foam prior, Exl:erior and Rear: The aluminum siding which was on the house prior had been run up and ti,e soffit installed over it. In oreler to remove the siding the soffit had to be removed, which in turn required the fascia and gutters be removed, Also additional siding backer had noticeable contamination and required its replacement, The remaining items are for the contents cleaning, pack out, storage and other miscellaneous items, please review and give me a call to discuss them, jt Mr. Greg Reinhart Page 2 August 14, 2004 Sincerely, Mr, Joseph A. Lapano Executive Vice President Alex R. Szeles Inc, Mr, Rafael Bellido Roan: Laundry Water heater - Detach & reset in order to replace floor sheathing R&R Vanity - not included in original estimate Dryer vent kit Sheathing - plywood - 1/2" CDX applied to concrete floor - glued with tapcon fastners, Concrete repair- fill in prior shower area and patch hole in floor, Cap drain line removed by mitigation firm Rewire - due to wires damaged during demolition and mitigation, New boxes feeds, and devices, Roan: Family Roan Sub room 1: Hallway LxWxH: 1 EA 2 LF 1 EA 67 SF 1 EA 67 SF 10/21/2003 Page:2 8'4" x 8'0" x 143,50 132.50 32,00 2,50 178,00 1. 60 LxWxH: 22'0" x 13'6" x LxWxH: 8'4" x 3'1" x Sheathing - plywood - 1/2" CDX applied to concrete floor in hallway - glued with tapcon fastners. R&R Rigid foam insulation board - 1/2" on exterior walls Roan: Exterior Left Side R&R Remove mold contaminated sheathing from lower portion of exterior sheathing Roan: Rear Sub room 1: Offset R&R Soffit - metal R&R Fascia - metal, 8" Gutter 1 downspout - Detach & reset R&R Drywall siding backer 8' up on lower wall on outside of master bedroom and laundry area, Additional 4' Aluminum window - Detach & reset Sliding patio door - Detach & reset 26 SF 375.5 SF Formula: 96 SF Formula: Formul a: 128 SF 64 LF 64 LF 92 SF 1 EA 1 EA 2,50 0,85 EL:24116'6112'5 1.16 EL:4111710 EL:21 810 2.35 2,25 1.86 1.10 41. 80 88,73 8'0" 143,! 265. ( 32, ( 167.! 178.1 107,; 8'0" 8'0" 65,1 319. 111,; 300,1 144,( 119. ( 101. : 41.1 88, - Alex R. Szeles Inc. 10/21/2003 Page:3 Mr, Rafael Bellido Room: Living Room R&R Wallpaper on two walls damaged by mitigation taping Prep wall for wallpaper Room: Kitchen Seal/Prime then paint the surface area Room: Front Door repair - Replace storm door lockset Room: Miscellaneous LxWxH: 19'3" x 13'5" x 261. 5 SF 262 SF 1. 68 0.25 LxWxH: 19'3" x 12'0" x 481 SF 0.67 1 EA 76,00 Storage Facility Rental Charge per month Boxes, bubble wrap, blankets, and poly sheathing, Construct wood free standing clothing racks to store entire house of clothing during restoration. Ryder truck rental charges for pack out and return Labor to pack out contents from lower level of house and move to storage Labor to return contents from storage to house - includes extensive electronics. speakers, big screen tv's, and dj equipment, dropped off at our location from mitigation contractor, Also includes extensive amounts of drycleaned clothing and bagged clothes and appliances, Dehumidifier units and fans run during cleaning to dry structure as per requirements of testing firm. 2 dehumidifyers and 3 fans Labor charges to clean and sanitize house contents, Labor to clean contents removed from site includes the following as directed by protocol set forth by testing lab, Hepa vac. solvent clean and sanitize and seal in poly sheathing while in storage, All persona 1 contents ar'e to be removed from boxes from pack out and packed in clean boxes, 9 EA 1 EA 1 EA 200,00 475.00 395.00 2 EA 64 HR 48 HR 185.00 24,00 24,00 10 DY 184.00 180 HR 24,00 8'0" 439, 65. 8'0" 322, 76, 1.800,! 475,1 395.1 370,1 1,536.1 1.152.1 1. 840 , ( 4,320,( Alex R. Szeles Inc, Mr, Rafael Bellido 10/21/2003 Page:4 Continued - Miscellaneous Sales Tax On Cleaning/ Water extraction servi ces 8.848 EA 0,06 530.E Adjustments for Minimum 176,27 Mr, Rafael Bellido Total Line Items Overhead @ Profit @ Material Tax @ Grand Total Alex R. Szeles Inc. 10/21/2003 Page:5 Surrma ry 10% x 10% x 6% x 15.682,55 612,74 674,01 137,50 $17.106,80 6,127,40 6,740,14 2,291.67 ------) -- ( ',- //:'~ . / ~--1 C,..{ '- /0--- Joseph Hpano -----/ ExecLit'l ve Vi ceCPres,tdent .' (' ./' ,/' , _/ Alex R. Szeles Inc. Mr. Rafael Bellido 10/21/2003 page:6 Recap By Category O&P Items Subtotal Total Dollars % 32.00 0.20% 260.00 1. 66% 178.00 1.14% 133.61 0.85% 76.00 0.48% 107.20 0.68% 820.50 5.23% 281. 63 1. 80% 475.00 3,03% 143.50 0,92% 322.27 2,05% 544.64 3.47% 1.800.00 11.48% 370,00 2.36% 41.80 0.27% 88.73 0.57% 452.52 2.89% 6,127.40 39,08% 176,27 612.74 674.01 7.414.15 Description: O&P Items APPLIANCES CABINETRY CONCRETE GENERAL DEMOLITION DOORS ELECTRICAL FRAMING & ROUGH CARPENTRY INSULATION Packing Materials PLUM8ING PAINTING SOFFIT. FASCIA. & GUTTER Storage Facility Rental Charge Truck Rental Charges WINDOWS - ALUMINUM WINDOWS - SLIDING PATIO DOORS WALLPAPER O&P Items Subtotal Minimums Overhead 10% Profit 10% Description: Non-O&P Items Contents Cleaning Sales Tax On Cleaning WATER EXTRACTION SERVICES Total Dollars Non-O&P Items Subtotal O&P Items Subtotal 7,008.00 530.88 1. 840 . 00 9,378.88 7.414,15 % 44.69% 3,39% 11.73% V0f? ----- \J:' ~ V\ . 0-J ~ c..J\ 0 --.J --. '0 ~ !J ~)\~gJ ~! 'P o ~:.~ "" -(. '" ~:::> (7"> .C" en r":Ol -....] 1') -.J :r- :~~ c> CO) -n (0' J ll?" :,~ hip rn Q () :r~ r,~ ~ '. . . " .. Alex R. Szeles Inc. 10/21/2003 Page:? Mr, Rafael Bellido Material Tax Grand Total 6% 13?,50 $17.106.80 ?0f? .--..... ~ ~ V\ .---.. '^' <...J-, C> -J u ?'< ~ --... ~u ~ cI \...J'; J-:C v' c-' o ~.~~ ,-;:. "" c>-::) ~ J:""" en r"'.j -'U (0' J "D?- "', -.J (:) -n =~'" rni:::.:. "Tlrn -riO . :;'C) _~1 'T, '--T; :,,(-< ;'''",n, -; ..':~ J'.~ :'f: CG .r- :'L' " SHERIFF'S RETURN - NOT FOUND CASE NO: 2004-04848 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ALEX R SZELES INC VS BELLIDO RAFAEL ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT BELLIDO RAFAEL but was unable to locate Him in his bailiwick, He therefore returns the COMPLAINT & NOTICE the within named DEFENDANT 1601 GREY STREET MECHANICSBURG, PA 17055 , NOT FOUND , as to , BELLIDO RAFAEL NO SUCH ADDRESS IN CUMBERLAND COUNTY. Sheriff's Costs: Docketing Service Not Found Surcharge 18.00 8,14 5,00 10,00 ,00 41.14 Sworn and subscribed to before me this to ~ If ~ day of ()~ ,21/() 'f A,D. ,/) ~ Q" ~ .liOn:, p~notary , .~. S r /" / // o an~s-. .' ../.~ ;c<: .,//'- __A/~~'-<:~ ( R. Thomas (line Sheriff of Cumberland County SAMUEL ANDES 10(15(2004 SHERIFF'S RETURN - NOT FOUND CASE NO: 2004-04848 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ALEX R SZELES INC VS BELLI DO RAFAEL ET AL R, Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT BELLIDO ZOE but was unable to locate Her in his bailiwick, He therefore returns the COMPLAINT & NOTICE , NOT FOUND , as to the within named DEFENDANT , BELLIDO ZOE 1601 GREY STREET MECHANICSBURG, PA 17055 NO SUCH ADDRESS IN CUMBERLAND COUNTY, Sheriff's Costs: Docketing Service Not Found Surcharge 6.00 ,00 5.00 10,00 .00 21.00 So an~~.--,;;;:.-? -,~-?:~;~~>~~>~~:~~~::;~" ,- - , -..-:? , R, Th~mas ~11~e Sheriff of Cumberland County ? ~ SAMUEL ANDES 10/15/2004 Sworn and subscribed to before me this day of A.D. Prothonotary II ALEX R. SZELES, INC., PLAINTIFF liN THE COURT OF COMMON I::>LEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW "ffltg I\JO. 04-~CIVIL TERM RAFAEL BELUDO and ZOE BELUDO, his wife, DEFENDANTS PRAECIPE TO THE PROTHONOTARY: Please reinstate the Complaint in the above matter. 28 October 2004 o .~_~ {'(\ Q ~And~~- 7 Attorney for Plaintiff Supreme Court 10 # 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 0 gg 0 c .~ :s.~ ..c-- ..., ,.,r;;(,! <::J 5:! ~~IU, C"",) n..,iZl -, t\.) -0 T'71 S9':,' '-0 :r.1,Y ....' ...., :s:: C' :,:JY :.t: f~"'. ~ I'~ ::rJ ~~i :;:;: -;,-0 - "'-rll ~~ - C) ~-I :'3 Ul :~C7 -'. c .,''< II LAGUNA REYES MALONEY, LLP I I 19 NORTH FRONT STREET. HARRISBURG. PA I 7 I 02 TEl.,: (717) 233-5292/ FAX: (717) 233-5394 ATTORNEY FOR DEFENDANTS ALEX R. SZELES, INC., Plaintiff v. ~ ~ ~ ~ ~ ~ ~ ~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTON - LAW RAFAEL BELLIDO AND ZOE BELLIDO, his wife, Defendants NO. 04-4848 CIVIL TERM DEFENDANT'S ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT AND NOW, come the Defendants, Rafael Bellido and Zoe Bellido, by and through their attorneys, Laguna Reyes Maloney, LLP and answer Plaintiffs Complaint: 1. Upon information and belief, admitted. 2. Admitted in part, denied in part. It is admitted that the Defendants are Rafael Bellido and Zoe Bellido. It is denied that they reside at 160 1 Grey Street, Mechanicsburg, Cumberland County, Pennsylvania. Answering further, the defendants currently reside at 431 Pawnee Drive, Mechanicsburg, Cumberland County, Pennsylvania. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted in part, denied in part. It is admitted that Defendants accepted Plaintiff s proposal to do the work outlined in Exhibit B for the price proposed by Plaintiff. It is specifically denied that Plaintiff well and truly performed its obligations under the approved proposal. Answering further, Plaintiffs did not finish the repair to Defendants' home and caused Defendants to incur expenses to have a third party complete the duties and obligations outlined in the approved proposal. 9. Admitted in part, denied in part. It is admitted that Defendants have not made full payment to the Plaintiffs. It is denied that Defendants refuse to pay the Plaintiffs. Answering further, Defendants have agreed to pay to Plaintiffs the costs outlined in the proposal, minus the costs incurred in covering Ear the Plaintiff s breach of contract and failure to make the agreed upon repairs. COUNT I - CONTRACT 10. Denied. It is specifically denied that Plaintiffs well and truly performed its obligations under the agreement between the parties. 11. Admitted in part, denied in part. It is admitted that Defendants have not paid Plaintiffs in full. It is specifically denied that Defendants breached a contract between Plaintiff and Defendants. Answering further, Plaintiffs breached the contract by failing to perform their legal obligations, and caused Defendants great expense in cover fees to a third party to perform the duties originally assigned and not completed by Plaintiff. WHEREFORE, Defendants demand judgment against Plaintiff and in favor of Defendant for the costs paid to third parties to complete Plaintiff s duties under the contract. COUNT II - UNJUST ENRICHIV1ENT 12. Admitted. 13. Denied. Plaintiffs failed to perform all of the necessary repair work on Defendants home as required by the contract between the parties. Plaintiffs failed to provide goods and services with a value of$5l,870.18. 14. Admitted in part, denied in part. It is admitted that Defendants have not paid Plaintiffs in full. It is specifically denied that Plaintiff is entitled to recover the full amount of $51,870.18 as Plaintiff breached the contract between Plaintiff and Defendants and Defendants incurred considerable costs to a third party to complete Plaintiffs responsibilities under the contract. 15. Denied. Answering further, Plaintiff breached the c:ontract between Plaintiff and Defendants and thus much of the work performed on Defendants home is the work of a third party, whom Defendants were required to pay as a result of Plaintiffs breach. WHEREFORE, Defendants demand judgment against Plaintiff and in favor of Defendant for the costs paid to third parties to complete Plaintiff s duties under the contract. NEW MATTER 16. Paragraphs I through 15 inclusive are hereby incorporated by reference as if fully set forth. 17. Plaintiffs have breached the terms of the contrad by failing to perform work contemplated by the contract and agreed to by the parties. 18. As a result of Plaintiffs breach of the contract, Defendants have incurred damages by way of paying a third party to complete the work which Plaintiff's agreed to perform, but failed to perform. 19. Said damages approximate sixteen thousand, three hundred sixteen dollars ($16,316.00). 20. As a result of Plaintiffs breach of contract, Defendants have incurred damages in excess of twelve thousand eight hundred dollars ($12,800.00) in missing and/or damaged items of personal property which are being held by Alex R. Szeles, Inc. 21. As a result of Plaintiff s breach and improper withholding of Defendant's personal property, Defendants have had to purchase new personal property at a cost of more than ten thousand dollars ($10,000.00). 22. As a result of Plaintiffs breach of contract, Defendants suffered damages in the amount of two thousand one hundred dollars ($2,100.00) in fees to an environmentalist. 23. As a result of Plaintiff' s breach of contract, Defendants were forced to sell their home located at 879 Mandy Lane, Camp Hill, Pennsylvania and were forced to purchase a new home at a significant cost over the selling price of their previous house. Defendants suffered damages in the amount of approximately one hundred thirteen thousand dollars ($113,000). 24. As a result of Plaintiff s breach of contract, Defendants were forced to use the services of a laundromat at a cost of approximately forty dollars ($40.00). 25. As a result of Plaintiffs breach of contract, Defendants were forced to purchase a new washing machine and dryer at a cost of approximately one-thousand dollars ($1,000.00). 26. As a result of Plaintiffs breach of the contract, Defi~ndants were required to retain the services of Laguna Reyes Maloney, to assist in the collection of damages caused by Plaintiff. Defendants will be required to pay his attorney at the prevailing hourly rate for out-of-court and in-court time devoted to Defendants' case. The prevailing hourly rate for Laguna Reyes Maloney, LLP at the filing of this complaint is $150.00. WHEREFORE, Defendants demand judgment against Plaintiff for the cost of reasonable attorneys fees and damages caused by Plaintiffs breach of contract. Respectfully submitted, -jcdd~a A -j~ Tabetha A. Tanner, Esquire Supreme Court I.D. No.: 91979 Attorney for Defendants LAGUNA REYES MALONEY, LLP 1119 North Front Street Harrisburg, JP A 17102 (717) 233-5292 VERIFICATION I verify that the statements made in the foregoing Defendants' Answer to Plaintiff s Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein may subject to me to the penalties of Pa.C.S. Section 4904 relating to unsworn falsification to authorities. ~~___ C;-:::> _u_ ~,.~ ~ Rafael Bellido LAGUNA REYES MALONEY, LLP I 1 19 NORTH FRONT STREET. HARRIS8URO. PA I 7102 TEI.,: (717) 233-5292 I FAX: (717) 233-5394 ArrORNEY FOR DEFENDANTS ALEX R. SZELES, INC., Plaintiff v. ~ ~ ~ ~ ~ ~ ~ ~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY , PENNSYLVANIA CIVIL ACTON - LAW RAFAEL BELLIDO AND ZOE BELLIDO, his wife, Defendants NO. 04-4848 CIVIL TERM CERTIFICATE OF SERVICE I HEREBY CERTIFY THAT I have caused a copy ofthe Defendants Answer to Plaintiffs Complaint filed in the above-captioned matter to be served upon Plaintiff s counsel, by regular frrst-class mail, addressed as follows: Samuel L. Andes, Esquire 525 North 12th Street Lemoyne, PA 17043 1'/d7/o (' Date 7'cd~J.,~a J1 -!a~ Tabetha A. Tanner, Esquire Supreme Court J.D. No.: 91979 ~ ~: " C) c,; :'1 ..... ~< "'.' C',.::. "--.;. ..x..- o 11 :';:1 -' ni ;;:: -r:! r n '"~~I () --r-. ~ ci -< r.., C) ""!;J --". I:.) (/1 -.J ,"") ,'- ,fl'l 1:: ,:n -< 74 :JY.tjY'v9 AFFIDAVIT State of Pennsylvania ) ) ss: ) County of Dauphin Before me the subscriber personally appeared Mary B. Kerns to me known, being duly sworn according to law, doth depose and say on November 8, 2004 @ 5:20 P.M. I served, Rafael Be11ido at 431 Pawnee Drive, Mechanicsbu.rg, PA 17050, a copy of a Complaint in the matter of ~.lex R. Sze1es, Inc. vs Rafael Bellido and Zoe Be1lido, Case No. 04-4848 Civil in Cumberland County, by serving Zoe Bellido who accepted service on behalf of Rafael Be11ido. and further deponent sayeth not. ~,~~~ Ma~' B. ns 5235 N. Front St. HarJ:~isburg, PA 17110 Sworn and subscribed before me this J.A/1 day of 1/ ~ 2004 Ji.~~~ o N ALTH OF PENNSYLVANIA Notarial Seal ~endy M. Johnston, No~ Public usque~ Twp., Dauphin County My ComnuSSJOD expires Oct. 24. 2005 Member, Pennsylvania Association of NotlIries ( ':I rOo: "-.) C':,:,~.) I, - , "1 ~ ...; ;"':- (j j . ;1;" ,I,,' t_~. " , ;1' ;1 (,. ' 'I'k,or -if P 'I f AFFIDAVIT State of Pennsylvania ) ) SS: ) County of Dauphin Before me the subscriber personally appElared Mary B. Kerns to me known, being duly sworn according to law, doth depose and say on November 8, 2004 @ 5:20 P.M. I served, in person Zoe Bellido at 431 Pawnee Drive, Mechani.csburg, PA 17050, a copy of a Complaint in the matter of JI~lex R. Szeles, Inc. vs Rafael Bellido and Zoe Bellido, Case No. 04-4848 Civil in Cumberland County and further deponent sayeth not. ~~~ Ma%1r B. ns 5235 N. Front St. Har]~isburg, PA 17110 Sworn and subscribed before me this qj,4; day of 7l~ 2004 ~~ M~p Notary P#liC COMMONWEALTH OF PENNSYLVANIA Notarial Seal Wendy M. Johnston, Notary Public Susquehanna Twp., Daul'hin County My Commission Expires Oct. 24, 2005 Member, Pennsylvania Association of Notaries ,t.. l_'( i"..\ 1~."C" ,I I:' ,,: i.... ""'0'" ",..J v. ~ ~ ~ ~ ~ ~ ~ ~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA ALEX R. SZELES, INC., Plaintiff CIVIL ACTON - LAW RAFAEL BELLIDO AND ZOE BELLIDO, his wife, Defendants NO. 04-4848 CIVIL TERM PETITION OF COUNSEL FOR LEAVE TO WITHDRAW APPEARANCE The petition of Tabetha A. Tanner, Esquire, respectfully represents the following: 1. The action was filed on September 27,2004 by petitioner, 2, On or about November 24,2004, petitioner gave notice to her former firm, Laguna Reyes Maloney, LLP that she would be terminating her association with that firm. 3, On or about November 1,2004, petitioner sent a letter to Defendant, Rafael Bellido, indicating that she would no longer be associated with the firm of Laguna Reyes Maloney, LLP. 4. Said letter requested Defendant choose his future representation, 5. On or about December 15,2004, petitioner had not heard from Defendant and sent a letter to Defendant indicating that if he did not make his election known within two (2) weeks, petitioner would formally withdraw from the case, 6, On or about January 1,2005, petitioner had not heard from Defendant, 7, Conversations with Laguna Reyes Maloney, LLP indicated that the Defendant had indicated to them that he would continue to use their legal services for his future representation, 8, On or about January 4, 2005, petitioner sent Laguna Reyes Maloney, LLP a Praecipe for Withdrawal and Entry of Appearance form to be signed by Roger R, Laguna, Jr, 9, On or about January 17,2004, Roger R, Laguna, Jr. sent petitioner a letter indicating his objection to the form of this Praecipe and indicated that he would not sign it as such, 10, On or about January 25, 2005, petitioner sent Roger R, Laguna, Jr, a modified form to sIgn, 11, As of the date of filing, petitioner has not received any correspondence or signed forms from Roger R. Laguna Jr, or Laguna Reyes Maloney, LLP in reference to this matter, 12. As recently as January 21, 2005 Roger R, Laguna, Jr, has filed documents with the court in a representative capacity in this matter. 12, Counsel for the Plaintiff has been notified and have expressed no objection to petitioner's withdrawal from this case at this time, WHEREFORE, petitioner requests that this Court grant petitioner leave to withdraw her appearance for Defendant in this action, Respectfully submitted, ~dd/a l 'i/M?M Tabetha A. Tanner, Esquire Supreme Court I.D, No, 91979 VERIFICATION I verify that the statements made in the foregoing Petition of Counsel for Leave to Withdraw Appearance are true and correct to the best of my knowledge, information and belief, I understand that false statements made herein may subject to me to the penalties of Pa,C.S. Section 4904 relating to unsworn falsification to authorities, i okd<<ta/MlM_ Tabetha A Tanner, Esquire ALEX R. SZELES, INC., Plaintiff v. ~ ~ ~ ~ ~ ~ ~ ~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTON - LAW RAFAEL BELLIDO AND ZOE BELLIDO, his wife, Defendants NO. 04-4848 CIVIL TERM CERTIFICATE OF SERVICE I HEREBY CERTIFY THAT I have caused a copy ofthe Petition of Counsel for Leave to Withdraw Appearance, filed in the above-captioned matter to be served upon Plaintiff's and Defendant's counsel, by regular first-class mail, addressed as follows: Samuel L. Andes, Esquire 525 North 12th Street Lemoyne, P A 17043 Roger R, Laguna, Jr, Laguna Reyes Maloney, LLP 1119 North Front Street Harrisburg, PAl 71 02 Date -joJdAo.4. i~ Tabetha A, Tanner, Esquire Supreme Court I.D, No,: 91979 "", ("1"1 \,~;J \ (:"') -(1 r:? -- (...'1 .------- - I. ALEX R, SZELES, INC., Plaintiff Defendant ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW RAFAEL BELLI DO and ZOE BELLI DO, his wife NO. 04.4848 CIVIL TERM PLAINTIFF'S REPLY TO DEFENDANTS' NEW MATTER AND NOW comes the above-named Plaintiff, by its attorney, Samuel L. Andes, and makes the following Reply to Defendants' New Matter: 16. No answer required. To the extent that a factual answer is required or appropriate, Plaintiff incorporates herein, by reference, the averments set out in its complaint, 17. Denied. Plaintiff has not breached the agreement between the parties and any work that it did not complete it was either not obligated to complete under the terms of the contract or it was excused from doing because of the Defendants' breach of the contract. 18. Denied for the reasons set forth in the answer to Paragraph 17 above. Plaintiff denies that it breached the contract between the parties or did anything to cause Defendants to hire a third party to do work on their property. 19. Denied. Plaintiff has no way of knowing what damages Defendants allege or the financial extent of such alleged damages because that information is within the control of the Defendants and so Plaintiff denies the averments in this paragraph and demands proof thereof at trial. Plaintiff further states that it did not breach the contract between the parties and that it owes Defendants no damages whatsoever. -1- I 20. Denied. Plaintiff denies that it breached the contract between the parties or that it caused Defendants any damage as a result of any alleged breach. As to the other averments set out in this paragraph, Plaintiff is without information from which it can prepare a response because this information is within the control of the Defendants and so Plaintiff denies these averments and demands proof of them at trial. 21. Denied for the same reasons set out in the answers to Paragraphs 19 and 20 above, the averments of which are incorporated herein by reference. 22. Denied. Plaintiff did not breach the contract between the parties and the contract did not contemplate or require the use of an environmentalist. Plaintiff believes that Defendants' use of an environmentalist had nothing to do with the terms of the contract between the parties or Plaintiff's duties under the contract. As to the amount paid the environmentalist, that information is within the control of the Defendants and Plaintiff does not have sufficient information to properly respond to that averment and so Plaintiff denies that averment and demands proof thereof at trial. 23. Denied. Plaintiff did not breach the contract between the parties. No conduct of Plaintiff's "forced" Defendants to sell their home or to buy a more expensive home. As to the other averments set out in Paragraph 23, Plaintiff is without information with which to form a proper response because that information is within the control of the Defendants and so Plaintiff denies those averments and demands proof thereof at trial. 24. Denied. Plaintiff did not breach any contract between the parties. As to the other averments set out in Paragraph 24, Plaintiff does not have sufficient information to respond properly to those averments because that information is within the control of the Defendants and so Plaintiff denies those averments and demands proof thereof at trial. -2- 25. Denied. Plaintiff did not breach any contract between the parties. As to the other averments set out in Paragraph 25, Plaintiff does not have sufficient information to respond properly to those averments because that information is within the control of the Defendants and so Plaintiff denies those averments and demands proof thereof at trial. 26. Denied. Plaintiff did not breach any contract between the parties and did not take any action which required Defendants to retain an attorney other than its lawful right to seek collection of the monies due it. Plaintiff denies that Defendants are entitled, under the law of Pennsylvania or the facts of this case, to recover attorney's fees in this dispute. As to the other averments set out in Paragraph 26, Plaintiff is without sufficient information to properly respond to those averments because that information is within the control of Defendants and so Plaintiff denies those averments and demands proof of them at trial. WHEREFORE, Plaintiff demands judgment against Defendants in accordance with its original complaint in this matter. ~ Samuel L. Andes Attorney for Plaintiff Supreme Court 10 17225 525 North 12th Street Lemoyne, PA 17043 (717) 761-5361 -3- ~ 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: z.//uS /-----"'---_._--) ( / ' .. /t;f7y -4- ~/. \ CERTIFICATE OF SERVICE I hereby certify that on ~ b I'>+- 2005, I served a copy of the foregoing document upon counsel for Defendants by U.S. Mail, postage prepaid, addressed as follows: Laguna Reyes Maloney, LLP 1119 North Front Street Harrisburg, PA 17110 ~ Attorney for Plaintiff Supreme Court ID 17225 525 North 12th Street Lemoyne, PA 17043 (717) 761-5361 -5- ",.) --Ii -"1 ::.1 rr. \:,; I C<) (.} r,,) I'.c co FEB 0 9 2005 r~~ v. ~ ~ ~ ~ ~ ~ ~ ~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALEX R. SZELES, INC., Plaintiff CIVIL ACTON - LAW RAFAEL BELLIDO AND ZOE BELLIDO, his wife, Defendants NO. 04-4848 CIVIL TERM ORDER ALLOWING WITHDRAWAL OF COUNSEL ,./ AND NOW, this I & day Of~, 2005, upon consideration of the verified Petition of Defendant's Counsel For Leave to Withdraw, it is hl~reby ORDERED and DECREED that said petition is GRANTED and that petitioner, Tabetha A. Tanner, Esquire, be permitted to , , withdraw his appearance of record for the defendant in the above matter, J, ~ ~~ O~\ A G" . ~ \ ,,!V ~ I J ., 0 i v. ~ ~ ~ ~ ~ ~ ~ ~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALEX R. SZELES, INC., Plaintiff CIVIL ACTON - LAW RAFAEL BELLIDO AND ZOE BELLIDO, his wife, Defendants NO. 04-4848 CIVIL TERM CERTIFICATE OF SERVICE I HEREBY CERTIFY THAT I have caused a copy of the: Petition of Counsel for Leave to Withdraw Appearance, filed in the above-captioned matter to be: served upon Plaintiffs and Defendant's counsel, by regular first-class mail, addressed as follows: Samuel L. Andes, Esquire 525 North 12'h Street Lemoyne, PA 17043 Roger R, Laguna, Jr. Laguna Reyes Maloney, LLP 1119 North Front Stree:t Harrisburg, P A 17102 :lj;y!os- Date :iaj:l~o- 1/ ~ Tabetha A, Tanner, Esquire Supremll Court I.D, No,: 91979 ~ ~ ""'" ,.._1 9 t"<\ -= "r" r !Jl ;<- f) -t:- ...., 'f', . :x , -... ~ ~ :..::; ~ ...... -........ LAGUNA REYES MALONEY, LLP I I 19 NORTH FRONT STREET, HARRISBURG, PA I 7 I 02 TEL_: (717) 233'5292 / FAX: (717) 23-3-5394 ArrORNEY FOR DEFENDANTS ~ ~ ~ ~ ~ RAFAEL BELLIDO AND ZOE ~ BELLIDO, his wife, ~ DefendantslRespondent ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA ALEX R. SZELES, INC., Plaintiff v. CIVIL ACTON - LAW NO. 04-4848 CIVIL TERM PETITION FOR LEAVE TO WITHDRAW AS COUNSEL AND NOW, comes Roger R, Laguna, Jr" Esquire, and respectfully present as follows: 1, Petitioner is Roger R. Laguna, Jr., Esquire, of Laguna Reyes Maloney, LLP, with a principal place of business at 1119 North Front St., Harrisburg PA 17102, 2, Respondent is Rafael Bellido and Zoe Bellido, Defendants in the above-captioned civil case, 3, Petitioner was retained by Respondent to defend them in a civil matter which essentially involves the Plaintiffs allegation that they failed to pay a debt for construction and repair to their home, Petitioner undertook said representation, but is unable to continue for the following reasons: (1) Respondents have generally failed to cooperate with the undersigned and there is , a senous failure of communication between Petitioners and Respondent. Respondent has repeatedly and inexplicably failed to appear for appointments despite numerous personal reminders and phone calls. Respondents have also failed to pay for the fees and costs associated with their defense despite numerous demands by Petitioner. Petitioner repeatedly served Respondent with written and verbal warnings/ultimatums concerning withdrawal from this case and they have been ignored, (2) Petitioner is unable to effectively represent Respondents, (3) Representation has been rendered unreasonably difficult by the Respondent and, therefore, withdrawal is allowed under Rule 1.l6(b)(5) of the Rules of Professional Conduct. WHEREFORE, Petitionerrespectfullyrequests I to withdraw his appearance as attorney for Respondent. / ~ \ i ' Respectfully sub -, ------ ger R, Laguna; "Esquire Supreme Court I.D, No.: 75900 LAGUNA REYES MALONEY, LLP 1119 North Front Street Harrisburg, P A 17102 (717) 233-5292 . ~~ CERTIFICATE OF SERVICE positi;!g same in (} .) , from , I, Roger R, Laguna, Jr., do hereby certify that I served a true and correct copy of the Petition for Leave to Withdraw as Counsel upon Respondent and plaintiffs cou~el by the United States Mail, first class, postage pre-paid, on II :5 Harrisburg, Pennsylvania, addressed as follows: Samuel L. Andes, Esquire 525 North Twelfth St. P,O, Box 168 Lemoyne, P A 17043 Rafael ~zoe Bellido 431 Pa n e Dr, Mecha ic burg, P A 17050 ! /) , ! i ! \ I \1 . j ~V\ oger R, Laguna;.Jr , Esquire C', , --, ~:-::> c>-' c/'l - ~'..:5 co c~. ?l -<: -~~} ~ ,,) .. W () -n -. -r. .,j i-t1?,'. -:~~~ ':1.> , - II ALEX R. SZELES, INC, PLAINTIFF ) ) ) ) ) ) RAF AEL BELUDO and ZOE BELUDO, his ) wifu, ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs, CIVIL ACTION - LAW (J(-- ~-ms NO. 04-~ CIVIL TERM DEFENDANTS PRAECIPE TO THE PROTHONOTARY: Please mark the above-captioned matter "settled and discontinued." 4 November 2005 ~ Sarna L. Andes Attorney for Plaintiff Supreme Court ID # 17225 525 North 12'h Street Lemoyne, Pa 17043 (717) 761-5361 (") "" r-~ c:~ 0 = ,en -n ;:?: ::;:J C.Y ..!;~ F.i~} I -'niT, CD ,,'Y :;..... ~-cl _. :-'3 c; 9 on <Si ALEX R. SZELES, INC., Plaintiff s s s s S RAFAEL BELLIDO AND ZOE S BELLIDO, his wife, S DefendantslRespondent S v. AND NOW, this~ day of ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTON - LAW NO. 04-4848 CIVIL TERM ORDER tJ,~ ,2005, upon consideration of the Petition for Leave to Withdraw as Counsel, IT IS HEREBY ORDERED AND DECREED that Roger R, Laguna, Jr., Esquire is granted leave to withdraw as counsel for Defendant. 0.,rfJ \\0 BY THE COURT: -. ,~ '<\...,. ; / //,4. <fx -- -y--- --........... ], 7" ~:;: 1..-'- ~~. '-I "-."-- (,"}r': ;-;<-,l_'''' 2u--~ ~F: lJ- o <,-I - '- Q- cP I .--'0 C:; ,-'..... ....:- ..,., (,--;::.J C") ,... -----