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HomeMy WebLinkAbout12-1656C ABOM c& ' - &UTULucis Jason P. Kutulakis, Esquire Attorney I.D. #: 80411 2 West High Street Carlisle, PA 17013 (717) 249-0900 David Parthemore and Eileen Parthemore, Plaintiffs V. Jonathan Nye Nicole M. Maxwell-Nye and J&N Fence, Deck and Landscaping, L.L.C., Defendants !LE0-0FFJL'c : THE PROTHOa' 1"'. . 2012 MAR 14 PM , ,):2CUMBERLAND C_0U q f PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW DOCKET NO.: ra - 4-511--6 Jury Trial Demanded TO: Jonathan Nye Nicole M. Maxwell-Nye and J&N Fence, Deck and Landscaping, L.L.C. 107 Nissley Drive Middletown, PA 17057 Jonathan Nye 1821 Briar Creek Lane Middletown, PA 17057 Nicole M. Maxwell-Nye 107 Nissley Drive Middletown, PA 17057 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. ? X03 • ?sue ?? ?7,9 toel? 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. Pennsylvania. Bar Association Lawyer Referral Service 1-800-692-7375 (PA ONLY) or 717-238-6715 Respectfully Submitted, ABOM & KUTULAKIS, LLP Date: 3 J?/??a- Jas . Kutulakis, Esquire Attorney ID # 80411 2 West High Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiffs 2 "Apom & U ULAKIS i Jason P. Kutulakis, Esquire Attorney I.D. #: 80411 2 West High Street Carlisle, PA 17013 (717) 249-0900 David Parthemore and IN THE COURT OF COMMON PLEAS Eileen Parthemore, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. CIVIL ACTION -LAW DOCKET NO.: Jonathan Nye and Nicole M. Maxwell-Nye Individually and d/b/a J&N Fence, Deck and Landscaping, L.L.C., Defendants Jury Trial Demanded TO THE HONORABLE JUDGES OF SAID COURT: AND NOW, comes the Plaintiffs, David and Eileen Parthemore, by and through her attorney, Jason P. Kutulakis, Esquire, of ABOM & KUTULAKIS, L.L.P., and brings this action against the above-named Defendant to recover damages, attorney fees and costs, in an amount to exceed the amount requiring arbitration, upon the following cause of action: 1. Plaintiff, David Parthemore is an adult residing at 450 Steelstown Road, Newville, Cumberland County, Pennsylvania. 2. Plaintiff, Eileen Parthemore is an adult residing 450 Steelstown Road, Newville, Cumberland County, Pennsylvania. 3. Defendant, Jonathan E. Nye, is an adult residing at 1821 Briar Creek Lane, Middletown, Dauphin County, Pennsylvania. 3 4. Defendant, Nicole M. Maxwell-Nye, is an adult residing at 107 Nissley Drive, Middletown, Dauphin County, Pennsylvania. 5. Defendant, J&N Fence, Deck and Landscaping, L.L.C., is Limited Liability Corporation with its registered office located at 107 Nissley Drive, Middletown, Dauphin County, Pennsylvania. 6. Defendants Jonathan Nye and Nicole Nye are the only individual owners of defendant, J&N Fence, Deck and Landscaping, L.L.C. 7. It is believed and therefore averred that Defendant J&N Fence, Deck and Landscaping, L.L.C. is operated as a partnership. 8. On June 24, 2009, Defendants Jonathan Nye and Nicole Nye filed their Certificate of Organization with the Pennsylvania Department of State. See, Business Entity Filing History attached hereto as Exhibit A. 9. The Registered Office Address on June 24, 2009 was 107 Nissley Drive, Middletown, PA 17057. 10. Defendants failed to file the annual registration form for J&N Fence, Deck and Landscaping, L.L.C. with the Pennsylvania Department of State in 2010. 11. Since its original formation on June 24, 2009, defendants never filed a change of address or other information with the Pennsylvania Department of State. 12. On June 22, 2009, J&N Fence, Deck and Landscaping, L.L.C. registered with the Pennsylvania Attorney General's Office as a home improvement contractor pursuant to the PA Home Improvement Consumer Protection Act (hereinafter referred to as "HICPA") See, Proof of Registration attached hereto as Exhibit B. 4 13. The stated address of Defendant J&N Fence, Deck and Landscaping, L.L.C. is 107 Nissley Drive, Middletown, Dauphin County, Pennsylvania 17057. 14. Since obtaining its HICPA registration number, Defendants have not changed the location of J&N Fence, Deck and Landscaping L.L.C. 15. Defendants have failed to file any Dissolutions documents with the Pennsylvania Department of State as required when a Limited Liability Corporation dissolves. 16. Therefore it is believed that defendant J&N Fence, Deck and Landscaping, L.L.C. is still doing businesss. 17. It is believed and therefore averred that the failure of Defendants', Jonathan Nye and Nicole Nye, to maintain their fiduciary obligations to J&N Fence, Deck and Landscaping, L.L.C. constitutes willful misconduct and recklessness. 18. It is believed and therefore averred that Defendants, Jonathan Nye and Nicole Nye, are personally, jointly and severally liable for the conduct giving rise to this Complaint. COUNT I - BREACH OF CONTRACT 19. Paragraphs one (1) through eighteen (18) are incorporated herein. 20. On April 30, 2010, Defendants agreed to build Plaintiffs a 220 square foot deck and 12' x 12' platform to surround their swimming pool. 21. On April 30, 2010, Defendants signed the attached document. See, Contract attached hereto as Exhibit C. 22. Defendants agreed to furnish the labor, equipment and materials necessary to build and install the deck and platform at Plaintiffs' home at 450 Steelstown Road, Newville, Cumberland County, Pennsylvania. 23. The above-captioned parties executed the Contract on April 30, 2010. 5 24. Defendants demanded that Plaintiffs pay $6,000 at the time of signing the Contract. The balance of the contract price, $1,500, was payable upon completion of the project. 25. On April 30, 2010, Plaintiffs paid $6,000 to Defendants. 26. Defendants agreed to begin construction at Plaintiff's home on the week of May 17, 2010. 27. Defendants did not provide a written completion date to Plaintiffs. 28. In June 2010, Defendants commenced work on the Plaintiffs' deck. 29. Defendants installed pressure treated posts and other deck framework around the Plaintiffs' pool. 30. On or about July 15, 2010, Defendants stopped working on Plaintiff's property with no explanation to Plaintiffs. See, two (2) photographs attached hereto as Exhibit D which represent the current state of the plaintiffs' deck project. 31. Plaintiffs have made numerous requests of Defendants to complete the deck/construction project. 32. Defendants have failed to complete the deck/construction project. 33. More than 45 days have elapsed since Defendants last worked at Plaintiff's residence. 34. Defendants failed to provide good and workmanlike labor, equipment and materials. 35. Defendants have materially breached the contract with Plaintiffs. 36. As a direct result of Defendants' failure to complete the deck surrounding Plaintiffs' swimming pool, Plaintiffs have been deprived of the enjoyment of their swimming pool in the 2010 swimming season. 37. Plaintiffs have been deprived of $6,000 which was the payment made at the signing of the contract. 38. Plaintiffs have not received $6,000 of value from Defendants. WHEREFORE, Plaintiffs demand judgment in their favor and against the defendants in the amount of appropriate damages to complete their deck. COUNT II - BREACH OF EXPRESS WARRANTY 39. Paragraphs one (1) through thirty-eight (38) are hereinafter incorporated herein. 40. Defendants agreed to furnish Plaintiffs with "15 year warranty on workmanship." See, Exhibit C. 41. Defendants failed to provide plaintiffs the 15 year warranty on workmanship. 42. Defendant has requested that Plaintiff honor the Warranty and finish building the deck. 43. Plaintiff is responsible for correcting the defects in the incomplete deck so as to uphold the guarantees of the Warranty. 44. Defendants have breached their express warranty WHEREFORE, Plaintiffs demands judgment in their favor and against the Defendants in the amount of appropriate damages to complete their deck. COUNT III - VIOLATION OF PENNSYLVANIA UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW 45. Paragraphs one (1) through forty-four (44) are incorporated herein. 46. The Pennsylvania Unfair Trade Practices and Consumer Protection Law (UTPCL), 73 P.S. §§ 201-1 et seq., applies to this case. 47. Title 73 P.S. § 201-2(4)(xiv) and 5 201-3 states that "failing to comply with the terms of any written guarantee or warranty given to the buyer at, prior to or after a contract for the purchase of goods or services is made" is an "unfair or deceptive act or practice" and is unlawful. 48. Defendants failed to provide the Warranty or comply with the terms of the Warranty that was to be provided to Defendant at the time that the parties signed the Contract for the building of the Plaintiffs' deck 49. Defendants committed an unlawful "unfair or deceptive act or practice," as per the UTPCL, when it failed to complete the Plaintiffs' deck. 50. Defendants committed an unlawful "unfair or deceptive act or practice," as per the UTPCL, when it failed to provide the Warranty or comply with the terms of the Warranty. 51. Title 73 P.S. § 201-2(4)(xvi) and § 201-3 states that "making repairs, improvements or replacements on tangible, real or personal property, of a nature or quality inferior to or below the standard of that agreed to in writing" is an "unfair or deceptive act or practice" and is unlawful. 52. Defendants' failure to complete the Plaintiffs' deck and abandon the project is at a quality inferior to or below the standard the parties agreed upon. 53. Defendants committed an unlawful "unfair or deceptive act or practice," as per the UTPCL, when it abandoned Plaintiffs' deck project and left the project in an inferior or substandard quality. 54. Plaintiffs are entitled to actual damages, treble damages and attorney fees for violations of the UTPCL, in accordance with 73 P.S. § 201-9.2(a). WHEREFORE, Plaintiffs demand judgment in their favor and against the Defendant in the amount of actual damages, treble damages and attorney fees. COUNT V - VIOLATION OF PENNSYLVANIA HOME IMPROVEMENT CONSUMER PROTECTION ACT 55. Paragraphs one (1) through fifty-four (54) are incorporated herein. 56. The Pennsylvania Home Improvement Consumer Protection Act (HICPA), 73 P.S. §§ 517.1 et seq., applies to this case. 57. Defendants are contractors as defined by HICPA. 8 58. Tide 73 P.S. § 517.7(a)(6) states that "no home improvement contract shall be valid or enforceable against an owner unless it contains the approximate starting date and completion date." 59. Defendants failed to include the approximate completion date on the Contract between Defendants and Plaintiffs. See, Exhibit C. 60. Defendants violated the HICPA when it failed to include the completion date on the Contract. 61. Tide 73 P.S. § 517.7(a) (7) states that "no home improvement contract shall be valid or enforceable against an owner unless it "includes a description of the work to be performed, the materials to be used and a set of specifications that cannot be changed without a written change order signed by the owner and the contractor." Emphasis added. 62. Defendants never provided Plaintiffs a set of specifications. 63. Defendants violated HICPA when it failed to provide plaintiffs a set of specifications. 64. Tide 73 P.S. § 517.7(a)(9) states that "no home improvement contract shall be valid or enforceable against an owner unless it includes the amount of any down payment plus any amount advanced for the purchase of special order materials. The amount of the down payment and the cost of the special order materials must be listed separately." 65. No special order materials are required for the Plaintiffs' deck project. 66. Defendants never provided Plaintiffs any writing setting for the amount used for a down payment or an amount separately for materials. 67. Defendants violated HICPA when it failed to specifically set forth the amount of the down payment and the cost of the materials separately. 9 68. Title 73 P.S. § 517.8(2) states that "A person commits the offense of home improvement fraud if, with the intend to defraud or injure anyone or with knowledge that he is facilitating a fraud or injury to be perpetuated by anyone, the actor receives advance payment for performing home improvement services or providing home improvement materials and fails to perform such services or materials when specified in the contract [...]." 69. Defendants have committed home improvement fraud by receiving advance payment from Plaintiffs and failing to perform. 70. Title 73 P.S. §517.9(2) states that, "No person shall fail to refund the amount paid for a home improvement within ten days of either the acceptance and execution of a return of receipt for certified mail containing a written request for a refund or the refusal to accept the certified mail sent to the contractor's last known address if 1.) no substantial portion of the contracted work has been performed at the time of the request; and 2.) more than 45 days have elapsed since the starting date specified in the written contract. 71. In October 2010, Defendants were served with a certified letter demanding a refund of the $6,000 paid by Plaintiffs. See, October 1, 2010 correspondence and proof of certified mailing attached hereto as Exhibit E. 72. Defendants have failed to complete a substantial portion of the Plaintiffs' deck. 73. More than 45 days have elapsed since defendants were last at Plaintiffs' property. 74. Defendants have violated 73 P.S. §517.9(2) by failing to refund $6,000 to Plaintiffs. 75. Title 73 P.S. § 517.9(5) states that, "No person shall abandon or fail to perform, without justification, any home improvement contract or project engaged in or undertaken by a contractor." 76. Defendants abandoned and failed to perform the Plaintiffs' home improvement project. 10 77. Defendants had no justification for abandoning and failure to complete Plaintiffs' home improvement project. 78. Title 73 P.S. § 517.9(10) states that, in a home improvement contract in excess of $1,000, no person shall "receive a deposit in excess of one-third of the home improvement contract price; or one-third of the home improvement contract price plus the cost of special order materials that have been ordered." 79. Defendants demanded a payment of $6,000 from Plaintiffs at the time that the parties signed the Contract. 80. Defendant violated the HICPA when it required and accepted $6,000 from Plaintiffs in excess of one-third (1 /3) of the Contract price. 81. Title 73 P.S. § 517.9(11) provided that "no person shall subsequent to entering into an agreement for home improvement services or materials, change the name of the contractor's business, liability insurance information, the contractor's business address or any other indentifying information in a fraudulent or deceptive manner likely to cause confusion or misunderstanding without advising the owner in a writing within 10 days following such change." 82. Defendants provided Plaintiffs with advertising literature with the telephone number of (717) 609-7415. See, Exhibit F. 83. Defendants' contract, HICPA registration and Articles of Organization all list (717) 609- 7415 as the contact telephone number for defendants. See, Exhibits A, B and C. 84. Upon information and belief, (717) 609-7415 is no longer a telephone number which is in service. 85. Defendants never provided Plaintiffs any different telephone contact information. 11 86. A violation of the HICPA is deemed a violation of the UTPCPL, as per 73 P.S. § 517.10. 87. Defendant is entitled to actual damages, treble damages and attorney fees for a violation of the UTPCL, in accordance with 73 P.S. § 201-9.2(a). WHEREFORE, Plaintiffs demand judgment in their favor and against the Defendants in the amount of actual damages, treble damages and attorney fees. Respectfully Submitted, ABOM TU S, r LP Date: 3°l'?- gs? ??.Jaso An P. tulakis, Esquire ttorney ID # 80411 2 West High Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiffs 12 I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of Pa.C.S.A. §4904, relating to unsworn falsification to authorities. Date: 1-2-14"111 Date: /A/°2//" r David Parthemore Eileen Parthemore ???rM YL?Mtl?N?P*I??11??1?VI?.w ra??s Business Entity -'U.- ?age I of I Corporations Online Services I Corporations I Forms I Contact Corporations I Business Services Search Business Entity Filing By Business Name History By Business Entity ID Date: 9/20/2010 (Select the link above to view Verify the Business Entity's Filing Verify Certification History) Online Orders . ??? Register for Online Orders Order Good Standing Business Name History Order Certified Documents Order Business List Name Name Type My Images Search for Ima es J&N Fence, Deck and Landscaping, Current Name g I I ,. Limited Liability Company - Domestic - Information Entity Number: 3889904 Status: Active Entity Creation Date: 6/24/2009 State of Business.: PA Registered Office Address: 107 Nissley Drive Middletown PA 17057 Dauphin Mailing Address: No Address PA Home Copyright © 2002 Pennsylvania Department of State. All Rights Reserved. Commonwealth of PA Privacy Statement EXHIBIT A https://www.corporations.state.pa.us/corp/soskb/Corp.asp?275701 5 Home Improvement Contractor Search Page Home Complaints Consumers Crime Drugs Kids, Parents & Schools Press Seniors The Office Search Contact Us Contractor Search Criteria Search Result(s) - Click the business name to view the details Find a contractor closest to you ,y Business I&N Fence Deck and Landscaoina LLC Keyword (s): HIC # PA021907 Registered Since 6/22/2009 Expiration 7/1/2011 Phone 717-609-7415 Fax e.g. Electrical Plumbing Location: Address 1 107 Nissley Drive ._.._.._ .._ _-._.,._. ...,_.__ City Middletown -State PA Zip 17057 e.g. Harrisburg, PA 02134 Description Residential Construction, Fencing, Decks, Roofs, Remodeling, Light landscaping view Map (The accuracy of distance is based on provided address.) This information was provided by the contractor on the registration form pursuant to the requirements o`the b'ome Find a specific contractor improvement consumer Protection Act. - HIC Number: Registration (inner NICPA is not an andomement, remmmendabon or approval by the if,°ice of a6tomey Ganeral of the '.. i'-1907 ---_."--`------- ? 02 ? contractor's competency or skill. Business Name: _ C_ f ?iP.... '• Helpful Links Better Business Bureau Pennsylvania Distntt Attorneys Association Bucks County Office of Consurer Protection Delaware Cou nty Consumer Affairs Lehiah Count y Office of Consumer Protection Montaomerry County Consumer Affairs '.. '.. Philadelphia C ounty Office of Consumer Protection Complaints I Press Releases l i Mai) I Subscriptions I Contact Us I Internet Policies Spanish Disclaimer The content of this site is the property of the Pennsylvania Office of Attorney General. Reuse of this content requires permission of the Press Office. Pennsylvania Office of Attorney General Strawberry Square Harrisburg, PA 17120 717-787-3391 Copyright © 2005-2009, All rights reserved. http://www.attomeygeneral.gov/hicsearch/ EXHIBIT 9/20/2010 Details a roctazts Shareholders Information a Background J Out Of State Full Name L Nicole M Maxwell-Nye C Jonathan E Nye Title Owner Owner Page http://www.attomeygeneral.gov/hicsearch/Detail.aspx?id=ab769c73-2e5f-de 11-ga9a-0050... 9/20/2010 Details Contacts Shareholders Infor ation ?% Background Out Of State Insurance Information Page Company I Property Damage I Personal Injury State Farm Insurance $300,000.00 $300,000.00 Totals: $300,000.00 $300,000.00 Other Registrations State ( Issuer I Registration NUmber Business has no other registrations http://www. attomeygeneral.gov/hicsearch/Detail.aspx?id=ab769c73-2e5 f-de 11-8 a9a-0050... 9/20/2010 J&NFence, Deck and LandscapingLLC ? Contract 107 Nissley Drive State Farm Contractors Insurance Policy #: 98-BJ-J588-1 Middletown, PA 17057 PA Home Improvement Contractors Registration # PA021907 (717)-609-7415 PA Home Improvement Act Consumer Helpline: 1-888-520-6680 jnfence@gmail.com Customer Name: I Township/Borough: 8 J Site Address: Phone: EMAIL: Description of work to be completed: ll ?: 1 Additional Comments: Approximate Start Date: 24'C?J Approximate Completion Date: We hereby propose to furnish material and labor-complete in accordance with the above specifications for the sum of. $ ?IjGC'r ?' With payments to be made as follows: Upon Signing Contract $ by or upon completion of y, Cby --? or upon completion of $ upon completion Any alteration from the above specifications involving extra costs will be executed hly upon written order and will become an extra charge over and above estimate. All agreements contingent upon delays bend our contgl. ll( GGifi - mom" Respectfully EXHIBIT f Note: This proposal may be withdrawn by us if not accepted within days. This contract is binding by law and must be cancelled within 3 business days from the date of acceptance. The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do work as s specified. Payments will be made as outlined above. i V) T Date of Acceptance Si gnature EXHIBIT rc ? OFFICE LOCATIONS BOM CARLISLE OFFICE. (717) 249-0900 eu,,ULAKIS HARRISBURG OFFICE (717) 232-9511 CHAMBERSBURG OFFICE ATTORNEYS AT LAW (717) 267-0900 October 1, 2010 YORK OFFICE (717) 846-0900 VIA CERTIFIED MAIL # 7009 2820 0002 2103 8297- RESTRICTED DELIVERY Jonathan E. Nye J&N Fence, Deck & Landscaping, LLC 109 Nissley Drive Middletown, PA 17057 Re: Parthemore Fence and Deck Project Our File No: 10-336 Dear Mr. Nye: Please be advised that I have been retained by the Parthemore's regarding the project which you abandoned on their property at 450 Steelstown Road, Newville, Pennsylvania 17241. By way of contract executed on April 30, 2010, your company and you were to install decking around their pool area. In exchange for this contract, the Parthemore's were to pay you $7,500.00. $6,000.00 of those dollars were paid upon execution of this contract and made payable to your company. Please accept this correspondence as your one and only notice for the immediate return of the $6,000.00 paid to you on behalf of the Parthemore's. As you know, Pennsylvania passed the Home Improvement Consumer Protections Act as you have registered on June 22, 2009, with PA #021907. Section 517.8 involves home improvement fraud and makes it a felony of the third degree where a home improvement contractor receives any advance payment for performing home improvement services or providing home improvement materials and fails to perform or provide such services or materials when specified in the contract, taking into account any force majeure or unforeseen labor strike that would extend the timeframe or unless extended by agreement with the owner and fails to return the payment received for such services or materials which are not provided by that date. Section 517.8(c)(2) provides that violation of this section as quoted constitutes a felony of the third degree. Very truly yours, Abom & Kutulakts, LLP "--1 Jason P. Kutulakis JPK/slf cc: David and Eileen Parthemore Reply To: 2 WEST HIGH STREET CARLISLE, PENNSYLVANIA 17013 (717) 249-0900 Fax (717) 74Q-1144 " OFFICE LOCATIONS OM CARLISLE OFFICE 717) 249-0900 U T ( LAKIS H. R-1,17) G OFFICE (717) 232-9511 CHA\mF SBL'RG OFFICE ATTORNEYS AT LAW (717) 267-0900 YORK OFFICE October 1, 2010 (717) 846-0900 VIA CERTIFIED MAIL # 7009 2820 0002 2103 8264 - RESTRICTED DELIVERY Nicole M. Maxwell-Nye Pennsylvania Dept. of Community and Economic Development 4th Floor, Commonwealth Keystone Bldg. Harrisburg, PA 17120 Re: Parthemore Fence and Deck Project Our File No: 10-336 Dear Mrs. Nye: Please be advised that I have been retained by the Parthemore's regarding the project which you abandoned on their property at 450 Steelstown Road, Newville, Pennsylvania 17241. By way of contract executed on April 30, 2010, your company and you were to install decking around their pool area. In exchange for this contract, the Parthemore's were to pay you $7,500.00. $6,000.00 of those dollars were paid upon execution of this contract and made payable to your company. Please accept this correspondence as your one and only notice for the immediate return of the $6,000.00 paid to you on behalf of the Parthemore's. As you know, Pennsylvania passed the Home Improvement Consumer Protections Act as you have registered on June 22, 2009, with PA #021907. Section 517.8 involves home improvement fraud and makes it a felony of the third degree where a home improvement contractor receives any advance payment for performing home improvement services or providing home improvement materials and fails to perform or provide such services or materials when specified in the contract, taking into account any force majeure or unforeseen labor strike that would extend the timeframe or unless extended by agreement with the owner and fails to return the payment received for such services or materials which are not provided by that date. Section 517.8(c)(2) provides that violation of this section as quoted constitutes a felony of the third degree. Very truly yours, Abii om & Kutulakis, LLP 1 Jason P. Kutulakis JPK/ slf cc: Reply To: 2 WEST HIGH STREET CARLISLE, PENNSYLVANIA 17013 (717) 249-0900 FAX (717) 249-3344 David and Eileen Parthemore ¦ Complete items 1, 2, find 3. Also complete iteun 4 If Restricted Laiivary Is desired. ¦ Print your name and addraiis on the reverse so that we can retard the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if spjace permits. 1Ficle Addressed to ccI.-, q. ftxaxll-l? CIF (4m1`nun?{? < ??or?orvl ? /'?? vd f (err "owed /fh kar ish&5 AA /7 / O X ' 13 Addressee M1 -Je"Co"" B. Re I ed by (Pd Name) Date of Delivery a mb D. Is delivery address different from Item 1? ? Yes If YES, enter delivery address below: ? No 3. Serv Mail ? Registered 0? Exprgss, Mail L?'Retum Receipt for ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) 2. ArticleNurttber 7009 2820 0002 2103 8257 (Transfer fro 1 PS Form 381 , February 2004 Domestic Return Receipt 102595-02-M-1540 J & N Fence, Deck and Landscaping, LLC "High Quality Products and Services" Our attention to detail and high quality workmanship create lasting and beautiful fences and decks for your home. Whether it may be for a pool, security or just for that added touch of decadence, we strive to provide you with a product you'll enjoy. Whether you are looking for a traditional wood or composite deck, our designs will be beautifully integrated with your homes architecture. We will be sure to create lasting and. enjoyable moments in the midst of your own back yard. We not only specialize in fences and decks, but we provide many other services: Pergolas, Home Improvements and Basement Remodeling, Landscaping and Lawn Care, Electrical and Plumbing Repairs and Horne Maintenance to name a few. Examples of our completed word: 7' M P-4 f '. \ a Call Today for a FREE ESTIMATE, Fully Insured with Over 10 Years of Experience! References Available! Serving Harrisburg and Surrounding Areas Phone: 717-609-7415 E-mail: jnfence(dgmail.com Home Improvement Registration # PA021907 EJ(HlBIT SON s a SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor David Parthemore (et al.) vs. Jonathan Nye (et al.) a? 13 'i BE Case Number 2012-1656 SHERIFF'S RETURN OF SERVICE 03/15/2012 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Jonathan Nye, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania to serve the within Complaint and Notice according to law. 03/15/2012 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: J & N Fence, Deck and Landscaping, but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania to serve the within Complaint and Notice according to law. 03/15/2012 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Nicole Maxwell-Nye, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania to serve the within Complaint and Notice according to law. 03/20/2012 09:22 AM - Dauphin County Return: And now March 20, 2012 at 0922 hours I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do hereby certify and return that I served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Nicole Maxwell-Nye by making known unto herself personally, at 1821 Briar Creek Lane, Middletown, Pennsylvania 17057 its contents and at the same time handing to her personally the said true and correct copy of the same. 03/20/2012 09:22 AM - Dauphin County Return: And now March 20, 2012 at 0922 hours I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do hereby certify and return that I served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: J & N Fence, Deck and Landscaping by making known unto Nicole Maxwell-Nye, adult in charge at 1821 Briar Creek Lane, Middletown, Pennsylvania 17057 its contents and at the same time handing to her personally the said true and correct copy of the same. 03/22/2012 Dauphin County Return: And now, March 22, 2012 I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Jonathan Nye the defendant named in the within Complaint and Notice and that I am unable to find him in the County of Dauphin and therefore return same NOT FOUND. Request for service at 1821 Briar Creek Lane, Middletown, Pennsylvania 17057 the Defendant was not found. Deputies attempted additional service at 545 Million Dollar Road, Halifax, Pennsylvania which is also not a good address for the Defendant. Deputies were advised, Jonathan Nye is thought to be residing in Mechanicsburg, Pennsylvania. SHERIFF COST: $71.70 April 12, 2012 SO A NSWERS, f 6Z' RON R ANDERSON, SHERIFF r ? V 60 _.L mtfirt of t4e "*4vrrrt William T. Tully Solicitor Commonwealth of Pennsylvania County of Dauphin Jack Lotwick Sheriff Jack Duignan Chief Deputy Michael W. Rinehart Assistant Chief Deputy DAVID & EILEEN PARTHEMORE VS J & N FENCE, DECK AND LANDSCAPING, LLC Sheriff s Return No. 2012-T-0868 OTHER COUNTY NO. 2012-1656 And now: MARCH 20, 2012 at 9:22:00 AM served the within NOTICE & COMPLAINT upon J & N FENCE, DECK AND LANDSCAPING, LLC by personally handing to NICOLE MAXWELL-NYE 1 true attested copy of the original NOTICE & COMPLAINT and making known to him/her the contents thereof at 1821 BRIAR CREEK LANE MIDDLETOWN PA 17057 DEPUTY WENT TO ADDRESS 1821 BRIAR CREEK LANE TO ATTEMPT SERVICE ON JONATHAN NYE, BUT DEFENDANT NICOLE MAXWELL-NYE LIVES AT THIS PROPERTY WHO ALSO ACCEPTED SERVICE FOR J & N FENCE, DECK AND LANDSCAPING, LLC Sworn and subscribed to before me this 5TH day of April, 2012 _)P?4&2 COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Karen M. Hoffman, Notary Public City of Harrisburg, Dauphin County M Commission Expires August 17, 2014 • Dauphin County 101 Market Street Harrisburg, Pennsylvania 17101-2079 ph: (717) 780-6590 fax: (717) 255-2889 , Pa. So Annsswers,? By (y Sheriff ty: J MILLER ffs Costs: $85.75 3/1 tfitt Of the ?*4vbrf-" '0 rx William T. Tully Solicitor Dauphin County 101 Market Street Harrisburg, Pennsylvania 17101-2079 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin Jack Duignan Chief Deputy Michael W. Rinehart Assistant Chief Deputy DAVID & EILEEN PARTHEMORE VS J & N FENCE, DECK AND LANDSCAPING, LLC Sheriff s Return No. 2012-T-0868 OTHER COUNTY NO. 2012-1656 And now: MARCH 20, 2012 at 9:22:00 AM served the within NOTICE & COMPLAINT upon NICOLE MAXWELL-NYE by personally handing to NICOLE MAXWELL-NYE 1 true attested copy of the original NOTICE & COMPLAINT and making known to him/her the contents thereof at 1821 BRIAR CREEK LANE MIDDLETOWN PA 17057 DEPUTY WENT TO ADDRESS 1821 BRIAR CREEK LANE TO ATTEMPT SERVICE ON JONATHAN NYE, BUT DEFENDANT NICOLE MAXWELL-NYE LIVES AT PROPERTY, DEFENDANT DOES NOT RESIDE AT 107 NISSLEY DRIVE, MIDDLETOWN, PA 17057. Sworn and subscribed to before me this 5TH day of April, 2012 _)P? Z COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Karen M. Hoffman, Notary Public City of Harrisburg, Dauphin County M Commission Expires August 17, 2014 So Answers, e10 Sheri f Dauphin Cow)?y, Pa. By Sheriff If J MILLER s Costs: $85.75 3/19/2012 a (ptfitt of the,*4crrr William T. Tully Solicitor Dauphin County 101 Market Street Harrisburg, Pennsylvania 17101-2079 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania Jack Duignan Chief Deputy Michael W. Rinehart Assistant Chief Deputy DAVID & EILEEN PARTHEMORE VS County of Dauphin J & N FENCE, DECK AND LANDSCAPING, LLC Sheriff s Return No. 2012-T-0868 OTHER COUNTY NO. 2012-1656 I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for JONATHAN NYE the DEFENDANT named in the within NOTICE & COMPLAINT and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, MARCH 22, 2012. DEFENDANT CALLED ON 03/22/12 FROM 717-614-7488 AND STATED DOES NOT RESIDE AT 1821 BRIAR CREEK LANE, MIDDLETOWN, PA AND CURRENT ADDRESS IS 545 MILLION DOLLAR RD, HALIFAX, PA AND WAS GOING TO PICK UP PAPERWORK AT OUR OFFICE. DEFENDANT NEVER SHOWED. ATTEMPTED SERVICE AT 545 MILLION DOLLAR RD, AND PER RESIDENT THE DEFENDANT MOVED OUT 3-4 MONTHS AGO TO SOMEWHERE IN MECHANICSBURG, PA. Sworn and subscribed to before me this 5TH day of April, 2012 -)P? Z COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Karen M. Hoffman, Notary Public City of Harrisburg, Dauphin County M Commission Expires August 17 2014 So Answers, Sher' uphin , By Deputy Sheriff Deputy: DARIN S SHE Sheriffs Costs: $85.75 3/19/2012 eu OM?' VUL2IS Cason P. Kutulakis, I{ :squire %ttorncc I.D. #: 80411 2 West I Iigh Strect Carlisle, PA 1701'1 (717) 249-0900 David Parthemore and Eileen Parthemore, Plaintiffs v. i E {]r} v!ks 20,12 K.Y 25 Pik ! : 3, CUMBERLAND t•JL :1 PEMSYLVANA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW DOCKET NO.: 2012-1656 Jonathan Nye Nicole M. Maxwell-Nye and J&N Fence, Deck and Landscaping, L.L.C., Defendants : Jury Trial Demanded I, Jason P. Kutulakis, Esquire, hereby certify that I did serve a true and correct copy of the Notice of Intent to Seek Default, upon the Defendant, by depositing, or causing to be deposited, 'same in the U.S. mail, certified delivery, postage prepaid, on J&N Fence, Deck & Landscaping, at Middletown, Pennsylvania, addressed as follows: J&N Fence, Deck & Landscaping 1821 Briar Creek Lane Middletown, PA 17057 Return card acknowledging receipt on May 19, 2012, is attached as Exhibit "A". Respectfully submitted, M & KUTULA"S, LLP DATE: M.?y 23, 2012 1rnA7eyv P. Ku s, squtr ID # 80411 Abom & Kutulakis, LLP 2 West High Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiffs Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. * Print your name and address on the reverse so that we can return the card to you. 10 Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: j ilJ fince, beams cn 754 A. X ? Agent B. Received by (Printed Name) ffi- Date of Delivery 1 V ? ?f?.. D. Is delivery address different from item 1? ? Yes If YES, enter delivery address below: ? No 3. Service Type CW Certified Mail ? Express Mail ? Registered 0 Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. Article Number 70D9 2820 0002 21D3 8684 !Transfer from service labs!) PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1 54C EXHIBIT `A" r - f ? OM &U ULAKIS (U i° i MAY 25 PH I: )anon P. Kutulakis, Esyuirc ,lttomcv I.D. #: 80411 S v 3 West I ligh Strect ?1 ?k - 1?? ?' ? ° '?' Carlisle, PA 17013 P EN S Y LVA 11 A, (717) 349-0900 David Parthemore and IN THE COURT OF COMMON PLEAS Eileen Parthemore, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. CIVIL ACTION -LAW DOCKET NO.: 2012-1656 Jonathan Nye Nicole M. Maxwell-Nye and J&N Fenced Deck and Landscaping, L.L.C., Defendants :jury Trial Demanded I, Jason P. Kutulakis, Esquire, hereby certify that I did serve a true and correct copy of the Notice of Intent to Seek Default, upon the Defendant, by depositing, or causing to be deposited,!, same in the U.S. mail, certified delivery, postage prepaid, on Nicole Maxwell-Nye, at Middletown, Pennsylvania, addressed as follows: Nicole Maxwell-Nye 1821 Briar Creek Lane Middletown, PA 17057 Return card acknowledging receipt on May 19, 2012, is attached as Exhibit "A". Respectfully submitted, & KUTULA"S, LLP D_-ATE: MAY 23, 2012 Jas n P. Kutu squ Attorney ID # 80411 Abom & Kutulakis, LLP 2 West High Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiffs N Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. 0 Orint your name and address on the reverse so that we can return the card to you. N attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Pi AMzan, l? I7W A. Signature ? Agent X ? Addressee B. 'Received by (Printed Na C. Date of Delivery ?j tcefa JVJJ Q 5 `?'\- I? D. Is delivery address different from item 1? ? Yes If YES, enter delivery address below: ? No 3. Service Type ® Certified Mail ? Express Mail ? Registered pfd Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2, Article Number 7009 2820 0002 2103 8677 (rransf®r from service /abeq ;Form 8811, February.2004 Domestic Return Receipt 102595-02-M-1540 EXHIBIT `A" Pay ?CV'Vjoc'Q (P)04??s ) v Jaya ?? ?yE Fev? c? &C G V? L-G 0? Sit C, L C 5 ( 6'?' ?"? i? ?'I G ?'?"? av? - Lcf w ?-?'1 ay Cj . r7l RY :. CL j R,I c? C?y? ? U a-C) 16 ?T Asevl? q v,? oc'v-?- c L? 1 ??x Pnk U-) ?'- ? ? ljrA cu r ce'l May 3c?a ?- J 5-.3(D -- i? OM CSC' - KUT LILAKIS "-" -- Jason P. Kutulakis, Esquire `- " - Attorney I.D. #: 80411 2 West High Street C,:, Carlisle, PA 17013 > (717) 249-0900 David Parthemore and IN THE COURT OF COMMON PLI?AS PENNSYLVANIA CUMBERLAND COUNTY Eileen Parthemore, , Plaintiffs V. CIVIL ACTION -LAW DOCKET NO.: 2012-1656 Jonathan Nye Nicole M. Maxwell-Nye and J&N Fence, Deck and Landscaping, L.L.C., Defendants Jury Trial Demanded AND NOW, comes the Plaintiffs, David and Eileen Parthemore, by and through their counsel, Jason P. Kutulakis, Esquire, of Abom & Kutulakis, L.L.P., and respectfully moves this Honorable Court to enter judgment against the Defendants, Nicole M. Maxwell-Nye and J&N Fence, Deck and Landscaping, L.L.C., and in support thereof avers the following: 1. Plaintiffs David and Eileen Parthemore are adult individuals residing at 450 Steelstown Road, Newville, Cumberland County, Pennsylvania. 2. Defendant, Nicole M. Maxwell-Nye, is an adult individual residing at 1821 Briar Creek Lane, Middletown, Dauphin County, Pennsylvania. 3. Defendant, J&N Fence, Deck and Landscaping, L.L.C., is a Limited Liability Corporation with its registered office located at 1821 Briar Creek Lane, Middletown, Dauphin County, Pennsylvania. 4. On March 14, 2012, Plaintiffs filed a Complaint against the within Defendants for Breach of Contract. See Exhibit A, "Complaint." 5. Defendant Nicole Maxwell-Nye was served on March 20, 2012 at 1821 Briar Creek Lane, Middletown, Pennsylvania. See Exhibit B, "Sheriff's Return of Service: Nicole Maxwell- Nye." 6. Defendant J&N Fence, Deck and Landscaping, L.L.C. was served on March 20, 2012 at 1821 Briar Creek Lane, Middletown, Pennsylvania. See Exhibit C, "Sheriff's Return of Service: J&N Fence, Deck and Landscaping, L.L.C." 7. The Defendants failed to file an Answer within twenty (20) days of service. 8. Plaintiffs sent Defendant Nicole Maxwell-Nye a Notice of Default on May 18, 2012. See Exhibit D, "Notice of Default: Nicole Maxwell-Nye." 9. Plaintiffs sent Defendant J&N Fence, Deck and Landscaping a Notice of Default on May 18, 2012. See Exhibit E, "Notice of Default: J&N Fence, Deck and Landscaping." 10. On May 25, 2012, Plaintiff filed an Affidavit of Service for Nicole Maxwell-Nye. See Exhibit F, "Affidavit of Service: Nicole Maxwell-Nye." 11. On May 25, 2012, Plaintiff filed an Affidavit of Service for J&N Fence, Deck and Landscaping. See Exhibit G, "Affidavit of Service: J&N Fence, Deck and Landscaping." 12. On May 30, 2012, Defendants filed an Answer in the instant matter without properly effectuating proper service on the Plaintiffs. See Exhibit H, "Answer." 13. Plaintiffs learned of the Defendants' Answer when trying to file the Praecipe for Default judgment. 14. Defendants' Answer is one handwritten page containing the sentence, "we the defendants plea not guilty to all charges listed in the above Docket Number enclosed." See Exhibit H, "Answer." 15. Defendant Jonathan Nye and Defendant Nicole Maxwell-Nye both signed the purported "Answer" filed on May 30, 2012. 16. Pennsylvania Rule of Civil Procedure 1029(b) states, "A general denial...shall have the effect of an admission." Pa.RC.P. 1029(b). 17. As such, the Defendants' Answer contains one sentence, a general denial of the entire Complaint, which under the Pennsylvania Rules of Civil Procedure constitutes an admission of the averments in the Complaint. 18. Since the Defendants have admitted to the averments in the Complaint there is no disputed issue of fact and the Plaintiffs are entitled to judgment as a matter of law. WHEREFORE, the Plaintiffs respectfully move this Honorable Court to Grant the within Motion for judgment on the Pleadings and enter judgment against the Defendants in the amount of $16,895.50 which includes actual damages, treble damages, and attorney's fees. Date: Y/ -)I,, ez Respectfully Submitted, 1 M &SUTULAA7S, LLP Jaso P. Ku s, Esquire A rney ID # 80411 2 West High Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiffs F 1, LE: ID `-? F 1 OM ( },& r THE rho ; L t LITULAKIS N, r k 7 14 0, M3:"9 Jason P. Kutulakis, Esquire ;' ' ay ?' ?? ? "? Attorney I.D. #: 80411 t t A ? f C ?1'L1Prs ?1 2 West High Street at?J Carlisle, PA 17013 (717) 249-0900 David Parthemore and IN THE COURT OF COMMON PLEAS Eileen Parthemore, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. CIVIL ACTION -LAW DOCKET NO.: Jonathan Nye Nicole M. Maxwell-Nye and - l J&N Fence, Deck and Landscaping, L.L.C., Defendants Jury Trial Demanded NOTICE TOP EAR, TO: Jonathan Nye Nicole M. Maxwell-Nye and J&N Fence, Deck and Landscaping, L.L.C. 107 Nissley Drive Middletown, PA 17057 Jonathan Nye 1821 Briar Creek Lane Middletown, PA 17057 Nicole M. Maxwell-Nye 107 Nissley Drive Middletown, PA 17057 L<V'G /cy•2' 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. Pennsylvania Bar Association Lawyer Referral Service 1-800-692-7375 (PA ONLY) or 717-238-6715 Respectfully Submitted, Date: ? ABOM & KUTULAKIS, LLP Jas . Kutulakis, Esquire Attorney ID # 80411 2 West High Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiffs 2 OM & LUTLULAKIS Jason P. Kutulakis, Esquire Attorney I.D. #: 80411 2 West High Street Carlisle, PA 17013 (717) 249-0900 David Parthemore and Eileen Parthemore, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW DOCKET NO.: Jonathan Nye and Nicole M. Maxwell-Nye Individually and d/b/a J&N Fence, Deck and Landscaping, L.L.C., Defendants Jury Trial Demanded TO THE HONORABLE JUDGES OF SAID COURT: AND NOW, comes the Plaintiffs, David and Eileen Parthemore, by and through her attorney, Jason P. Kutulakis, Esquire, of ABOM & KUTULAKIS, L.L.P., and brings this action against the above-named Defendant to recover damages, attorney fees and costs, in an amount to exceed the amount requiring arbitration, upon the following cause of action: 1. Plaintiff, David Parthemore is an adult residing at 450 Steelstown Road, Newville, Cumberland County, Pennsylvania. 2. Plaintiff, Eileen Parthemore is an adult residing 450 Steelstown Road, Newville, Cumberland County, Pennsylvania. 3. Defendant, Jonathan E. Nye, is an adult residing at 1821 Briar Creek Lane, Middletown, Dauphin County, Pennsylvania. 3 4. Defendant, Nicole M. Maxwell-Nye, is an adult residing at 107 Nissley Drive, Middletown, Dauphin County, Pennsylvania. 5. Defendant, J&N Fence, Deck and Landscaping, L.L.C., is Limited Liability Corporation with its registered office located at 107 Nissley Drive, Middletown, Dauphin County, Pennsylvania. 6. Defendants Jonathan Nye and Nicole Nye are the only individual owners of defendant, J&N Fence, Deck and Landscaping, L.L.C. 7. It is believed and therefore averred that Defendant J&N Fence, Deck and Landscaping, L.L.C. is operated as a partnership. 8. On June 24, 2009, Defendants Jonathan Nye and Nicole Nye filed their Certificate of Organization with the Pennsylvania Department of State. See, Business Entity Filing History attached hereto as Exhibit A. 9. The Registered Office Address on June 24, 2009 was 107 Nissley Drive, Middletown, PA 17057. 10. Defendants failed to file the annual registration form for J&.N Fence, Deck and Landscaping, L.L.C. with the Pennsylvania Department of State in 2010. 11. Since its original formation on June 24, 2009, defendants never filed a change of address or other information with the Pennsylvania Department of State. 12. On June 22, 2009, J&N Fence, Deck and Landscaping, L.L.C. registered with the Pennsylvania Attorney General's Office as a home improvement contractor pursuant to the PA Home Improvement Consumer Protection Act (hereinafter referred to as "HICPA" ). See, Proof of Registration attached hereto as Exhibit B. 4 13. The stated address of Defendant J&N Fence, Deck and Landscaping, L.L.C. is 107 Nissley Drive, Middletown, Dauphin County, Pennsylvania 17057. 14. Since obtaining its HICPA registration number, Defendants have not changed the location of J&N Fence, Deck and Landscaping L.L.C. 15. Defendants have failed to file any Dissolutions documents with the Pennsylvania Department of State as required when a Limited Liability Corporation dissolves. 16. Therefore it is believed that defendant J&N Fence, Deck and Landscaping, L.L.C. is still doing businesss. 17. It is believed and therefore averred that the failure of Defendants', Jonathan Nye and Nicole Nye, to maintain their fiduciary obligations to J&N Fence, Deck and Landscaping, L.L.C. constitutes willful misconduct and recklessness. 18. It is believed and therefore averred that Defendants, Jonathan Nye and Nicole Nye, are personally, jointly and severally liable for the conduct giving rise to this Complaint. COUNT I - BREACH OF CONTRACT 19. Paragraphs one (1) through eighteen (18) are incorporated herein. 20. On April 30, 2010, Defendants agreed to build Plaintiffs a 220 square foot deck and 12'x 12' platform to surround their swimming pool. 21. On April 30, 2010, Defendants signed the attached document. See, Contract attached hereto as Exhibit C. 22. Defendants agreed to furnish the labor, equipment and materials necessary to build and install the deck and platform at Plaintiffs' home at 450 Steelstown Road, Newville, Cumberland County, Pennsylvania. 23. The above-captioned parties executed the Contract on April 30, 2010. 24. Defendants demanded that Plaintiffs pay $6,000 at the time of signing the Contract. The balance of the contract price, $1,500, was payable upon completion of the project. 25. On April 30, 2010, Plaintiffs paid $6,000 to Defendants. 26. Defendants agreed to begin construction at Plaintiff's home on the week of May 17, 2010. 27. Defendants did not provide a written completion date to Plaintiffs. 28. In June 2010, Defendants commenced work on the Plaintiffs' deck. 29. Defendants installed pressure treated posts and other deck framework around the Plaintiffs' pool. 30. On or about July 15, 2010, Defendants stopped working on Plaintiff's property with no explanation to Plaintiffs. See, two (2) photographs attached hereto as Exhibit D which represent the current state of the plaintiffs' deck project. 31. Plaintiffs have made numerous requests of Defendants to complete the deck/construction project. 32. Defendants have failed to complete the deck/construction project. 33. More than 45 days have elapsed since Defendants last worked at Plaintiff's residence. 34. Defendants failed to provide good and workmanlike labor, equipment and materials. 35. Defendants have materially breached the contract with Plaintiffs. 36. As a direct result of Defendants' failure to complete the deck surrounding Plaintiffs' swimming pool, Plaintiffs have been deprived of the enjoyment of their swimming pool in the 2010 swimming season. 37. Plaintiffs have been deprived of $6,000 which was the payment made at the signing of the contract. 38. Plaintiffs have not received $6,000 of value from Defendants. 6 WHEREFORE, Plaintiffs demand judgment in their favor and against the defendants in the amount of appropriate damages to complete their deck. COUNT II - BREACH OF EXPRESS WARRANTY 39. Paragraphs one (1) through thirty-eight (38) are hereinafter incorporated herein. 40. Defendants agreed to furnish Plaintiffs with "15 year warranty on workmanship." See, Exhibit C. 41. Defendants failed to provide plaintiffs the 15 year warranty on workmanship. 42. Defendant has requested that Plaintiff honor the Warranty and finish building the deck. 43. Plaintiff is responsible for correcting the defects in the incomplete deck so as to uphold the guarantees of the Warranty. 44. Defendants have breached their express warranty WHEREFORE, Plaintiffs demands judgment in their favor and against the Defendants in the amount of appropriate damages to complete their deck. 45. Paragraphs one (1) through forty-four (44) are incorporated herein. 46. The Pennsylvania Unfair Trade Practices and Consumer Protection Law (UTPCL), 73 P.S. §§ 201-1 et seq., applies to this case. 47. Tide 73 P.S. 5 201-2(4)(xiv) and 5 201-3 states that "failing to comply with the terms of any written guarantee or warranty given to the buyer at, prior to or after a contract for the purchase of goods or services is made" is an "unfair or deceptive act or practice" and is unlawful. 48. Defendants failed to provide the Warranty or comply with the terms of the Warranty that was to be provided to Defendant at the time that the parties signed the Contract for the building of the Plaintiffs' deck 7 49. Defendants committed an unlawful "unfair or deceptive act or practice," as per the UTPCL, when it failed to complete the Plaintiffs' deck. 50. Defendants committed an unlawful "unfair or deceptive act or practice," as per the UTPCL, when it failed to provide the Warranty or comply with the terms of the Warranty. 51. Title 73 P.S. ? 201-2(4) (xvi) and § 201-3 states that "making repairs, improvements or replacements on tangible, real or personal property, of a nature or quality inferior to or below the standard of that agreed to in writing" is an "unfair or deceptive act or practice" and is unlawful. 52. Defendants' failure to complete the Plaintiffs' deck and abandon the project is at a quality inferior to or below the standard the parties agreed upon. 53. Defendants committed an unlawful "unfair or deceptive act or practice," as per the UTPCL, when it abandoned Plaintiffs' deck project and left the project in an inferior or substandard quality. 54. Plaintiffs are entitled to actual damages, treble damages and attorney fees for violations of the UTPCL, in accordance with 73 P.S. § 201-9.2(a). WHEREFORE, Plaintiffs demand judgment in their favor and against the Defendant in the amount of actual damages, treble damages and attorney fees. COUNT V VIOLATION OF PENNSYLVANIA JJ, 0ME IMPROVEMENT CONSUMER PROTECTION ACT 55. Paragraphs one (1) through fifty-four (54) are incorporated herein. 56. The Pennsylvania Home Improvement Consumer Protection Act (HICPA), 73 P.S. 55 517.1 et seq., applies to this case. 57. Defendants are contractors as defined by HICPA. 58. Title 73 P.S. § 517.7(a)(6) states that "no home improvement contract shall be valid or enforceable against an owner unless it contains the approximate starting date and completion date." 59. Defendants failed to include the approximate completion date on the Contract between Defendants and Plaintiffs. See, Exhibit C. 60. Defendants violated the HICPA when it failed to include the completion date on the Contract. 61. Title 73 P.S. § 517.7(a)(7) states that "no home improvement contract shall be valid or enforceable against an owner unless it "includes a description of the work to be performed, pecifications that cannot be changed without a written the materials to be used and a set of s change order signed by the owner and the contractor." Emphasis added. 62. Defendants never provided Plaintiffs a set of specifications. 63. Defendants violated HICPA when it failed to provide plaintiffs a set of specifications. 64. Title 73 P.S. § 517.7(a)(9) states that "no home improvement contract shall be valid or enforceable against an owner unless it includes the amount of any down payment plus any amount advanced for the purchase of special order materials. The amount of the down payment and the cost of the special order materials must be listed separately." 65. No special order materials are required for the Plaintiffs' deck project. 66. Defendants never provided Plaintiffs any writing setting for the amount used for a down payment or an amount separately for materials. 67. Defendants violated HICPA when it failed to specifically set forth the amount of the down payment and the cost of the materials separately. 9 68. Title 73 P.S. § 517.8(2) states that "A person commits the offense of home improvement fraud if, with the intend to defraud or injure anyone or with knowledge that he is facilitating a fraud or injury to be perpetuated by anyone, the actor receives advance payment for performing home improvement services or providing home improvement materials and fails to perform such services or materials when specified in the contract [...]." 69. Defendants have committed home improvement fraud by receiving advance payment from Plaintiffs and failing to perform. 70. Title 73 P.S. §517.9(2) states that, "No person shall fail to refund the amount paid for a home improvement within ten days of either the acceptance and execution of a return of receipt for certified mail containing a written request for a refund or the refusal to accept the certified mail sent to the contractor's last known address if 1.) no substantial portion of the contracted work has been performed at the time of the request; and 2.) more than 45 days have elapsed since the starting date specified in the written contract. 71. In October 2010, Defendants were served with a certified letter demanding a refund of the $6,000 paid by Plaintiffs. See, October 1, 2010 correspondence and proof of certified mailing attached hereto as Exhibit E. 72. Defendants have failed to complete a substantial portion of the Plaintiffs' deck. 73. More than 45 days have elapsed since defendants were last at Plaintiffs' property. 74. Defendants have violated 73 P.S. X517.9(2) by failing to refund $6,000 to Plaintiffs. 75. Title 73 P.S. 5 517.9(5) states that, "No person shall abandon or fail to perform, without justification, any home improvement contract or project engaged in or undertaken by a contractor." 76. Defendants abandoned and failed to perform the Plainti'ffs' home improvement project. 10 77. Defendants had no justification for abandoning and failure to complete Plaintiffs' home improvement project. 78. Tide 73 P.S. § 517.9(10) states that, in a home improvement contract in excess of $1,000, no person shall "receive a deposit in excess of one-third of the home improvement contract price; or one-third of the home improvement contract price plus the cost of special order materials that have been ordered." 79. Defendants demanded a payment of $6,000 from Plaintiffs at the time that the parties signed the Contract. 80. Defendant violated the HICPA when it required and accepted $6,000 from Plaintiffs in excess of one-third (1 /3) of the Contract price. 81. Tide 73 P.S. § 517.9(11) provided that "no person shall subsequent to entering into an agreement for home improvement services or materials, change the name of the contractor's business, liability insurance information, the contractor's business address or any other indentifying information in a fraudulent or deceptive manner likely to cause confusion or misunderstanding without advising the owner in a writing within 10 days following such change." 82. Defendants provided Plaintiffs with advertising literature with the telephone number of (717) 609-7415. See, Exhibit F. 83. Defendants' contract, HICPA registration and Articles of Organization all list (717) 609- 7415 as the contact telephone number for defendants. See, Exhibits A, B and C. 84. Upon information and belief, (717) 609-7415 is no longer a telephone number which is in service. 85. Defendants never provided Plaintiffs any different telephone contact information. 11 86. A violation of the HICPA is deemed a violation of the UTPCPL, as per 73 P.S. § 517.10. 87. Defendant is entitled to actual damages, treble damages and attorney fees for a violation of the UTPCL, in accordance with 73 P.S. § 201-9.2(a). WHEREFORE, Plaintiffs demand judgment in their favor and against the Defendants in the amount of actual damages, treble damages and attorney fees. Respectfully Submitted, ?jP.tulakis, 7'rJ S, LLP Date: ", JasoEsquire t?' Attorney ID # 80411 2 West High Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiffs 12 VERIFICATION I verify, that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of Pa.C.S.A. §4904, relating to unsworn falsification to authorities. Date: l Date: '/ ill" A David Parthemore Eileen Parthemore J. CL?L A V1 1 Business Entity Corporations Online Services I Corporations I Forms I Contact Corporations I Business Services earcrn By Business Name By Business Entity ID Verify Verify Certification Online Orders Register for Online Orders Order Good Standing Order Certified Documents Order Business List My Images Search for Images Business Entity Filing History Date: 9/20/2010 (select the link above to view the Business Entity's Filing History) Business Name History Name Name Type J&N Fence, Deck and Landscaping, Current',Name LLc Limited Liability Company - Domestic -'.Information Entity Number: 38899014 Status: Active Entity Creation Date: State of Business.: Registered Office Address: Mailing Address: 6/24/2009 PA 107 Mosley Drive Middletown PA 17057 Dauphin No Address PA` Copyright © 2002 Pennsylvania Department of State. All Rights Reserved. Commonwealth of PA Privacy Statement EXHIBIT !l https://www.corporations.state.pa.us/corp/soskb/Corp-asp?275701 5 Home !.mprovement f?cn`ractor ?iearcn J. u?5v i - i 5 " Contact Cis Find a contractor closest to you Keyword(s);. e.g Electrical Plumbing Location: e.g. Harrisburg, PA 02134 ?t -i Business N Fcn, - Deck Find Lzindsc,E!Dir,?* HIC # PA021907 Registered (Since 6/22/2009 Expiration 7/ 1/2011 Phone 717-609-7415 Fax Address 1 107 Nissley Drive City Middletown -State PA Zip 17057 Description Residential Construction, Fencing, Decks, Roofs, Remodeling, Light landscaping View Mao (The accuracy of distance is based on provided address.) This ! r.. nation was prov,deP by the cont •..erj! cn th fi =';or P. pu>u , .n '` aie come ' Pe istration under HICPA. is not an e r•^ore?nent. recon^nendatron or e, proval by t'le "r;ce o'Artorney Generai o`the Iraprovemenr Consumer Protetmon tact, Find a specific contractor Number: - HIC contractor's competency or skill. { 021907 Business Name: ___......_-_.._.--.-..___., i i I Helpful links Better Business Bureau P nnsvlvania District Attorneys Association Bucks County Office of Consumer Prntection II! n la marE rn inty. Consumer Affairs I ehich Courtv Office of Consumer Protection Montoomerv County Consumer Affairs Philadelphia County Office of Consumer '.. Protection Complaints I Press Releases I Site Map I Subscriptions I Contact Us I In rn tl Policies I Spanish Disclaimer The content of this site is the property of the Pennsylvania Office of Attorney General. Reuse of Phis content requires permission of the _ Press Office. Pennsylvania Office of Attorney General Strawberry Square Harrisburg, PA 17120 717-787-3391 Copyright (cD 2005-2009, All rights reserved, http://www.attomeygeneral.gov/hicsearch/ EXHIBIT 9/20/2010 gone Co r. !ai^ts Co s;: rs Cri^te Car ups Kids, Parents & Schools arzss Sensors Thz Offic mar r_ . R .lilt s - Click the husin sc name rh C2:3:15 a. u-v x vi i Detai'.s i Shareholders Information - " Background Out of State I: e i- Nicole M Maxwell-Nye Jonathan E Nye t!e Owner Owner http://www.attomeygeneral.gov/hicsearch/Detall.aspx?id=ab769c73-2e5f-de 11-8 a9a-0050... 9/20/2010 (A"l? A V1 A Detai? s Contacts Sharehoiders _ Background _ Out Of State Insurance Information State Farm Insurance $3[0,000.00 $300,000.00 Totais: 5>v0,000,00 :300,OflG.OG Other Registrations .,tate I Issuer Reg?siraiivn hiurn:ier mousiness 1.as no other re.gistrauons http://www.attomeygeneral.gov/hiesearch/Detail.aspx?id=ab769c73-2e5f-del 1-8a9a-0050... 9/20/2010 i f LLB' Contract N Fence Deck and Landscaping, 107 Nissley Drive State Farm Contractors Insurance Policy: 98-BJ-J588-l Middletown, PA 17057 PA Home Improvement Contractors Redstratlon # PA021907 (717)-609-7415 PA Home Improvement Act Consumer Helpline: 1-888-520-6680 jnfence@gmaiLcom Customer Name: Township/Borough: L--?'- Site Address: 'Ji? Phone: EMAIL: Description of work to be completed: ( t i 1 6 L 1: i d? c C i r_. L l .fit ' C: L. r Additional Comments: t Approximate Start Date: VT) `-? '-'C Approximate Completion Date: We hereby propose to furnish material and labor-complete in accordance with the above specifications for the sum of $ ? 6)G'C' { e•' With payments to be made as follows: $ ,t- { Upon Signing Contract or upon completion of by or upon completion of $ by upon completion Any alteration from the above specifications involving extra costs will be executed only upon written order and will become an extra charge over and above estimate. All agreements contingent upon delays beyond our cout?ol. Respectfully ; /tlyr`% 1;,? ,/?`?: ? EXHIBIT Note: This proposal may be withdrawn by us if not accepted within days. This contract is binding by law and.must be cancelled within 3 business days from the date of acceptance. The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do work as s specified. Payments will be made as outlined above. / Date of Acceptance+ ;` Signature a 9 fy .v. ter. V - _ FNIZ - om U T'L.ILAKI ATTORNEYS AT LAw October 1, 2010 Jonathan E. Nye J&N Fence, Deck & Landscaping, LLC 109 Nissley Drive Middletown, PA 17057 Re: Parthemore Fence and Deck Project Our File No. 10-336 Dear Mr. Nye: Please be advised that I have been retained by the Parthe which you abandoned on their property at 450 Steelstown Road, 17241. By way of contract executed on April 30, 2010, your con install decking around their pool area. In exchange for this contl to pay you $7,500.00. $6,000.00 of those dollars were paid upon and made payable to your company. )'ORn OFFICE (717) 846-0900 ire's regarding the project ewville, Pennsylvania My and you were to t, the Parthemore's were :eeution of this contract Please accept this correspondence as your one and only n tice for the immediate return of the $6,000.00 paid to you on behalf of the Parthemore' . As you know, Pennsylvania passed the Home Improvement Consumer Protections Act as you have registered on June 22, 2009, with PA #021907. Section 517.8 in olves home improvement fraud and makes it a felony of the third degree where a home improvement contractor receives any advance payment for performing home improvement services or providing home improvement materials and fails to perform or provide such services or materials when specified in the contract, taking into account any force maj ure or unforeseen labor strike that would extend the timeframe or unless extended by agr?'ement with the owner and fails to return the payment received for such services or materials) which are not provided by that date. Section 517.8(c)(2) provides that violation of this section as quoted constitutes a felony of the third degree. Very truly yours, Abom & Kutulakis, LLP ' 4 i Jason P. Kutulakis JPK/slf cc: David and Eileen Parthemore Reply To: 2 WEST HIGH STREET CARLISLE, PENNSYLVANIA 17013 (717) 249-0900 FAv (717) ')4Q-1144 OFFICE LOC.,TIO?'c CARLISLE OFFICE (717) 249-0900 Ha.RR.LBC'RG OFFICE (717) 232-9511 CFLAMBER=BERG OFFICE (717) 267-0900 C FFI-E LOCATION <S C. FPU-LE OFFICE 7:• '49-0900 ATTORNEYS AT LANv October 1, 2010 Nicole M. Maxwell-Nye Pennsylvania Dept. of Community and Economic Development 4th Floor, Commonwealth Keystone Bldg. Harrisburg, PA 17120 Re: Parthemore Fence and Deck Project Our File No: 10-336 H.?RRI BL RG OFFiCE 717) 231-9511 i C !?.\!6EP LnG OFFICE 2r;-0000 1C!!<F OFFICE 17) Soo-0900 Dear Mrs. Nye: Please be advised that I have been retained by the Parthemore's regarding the project which you abandoned on their property at 450 Steelstown Road, 1?4ewville, Pennsylvania 17241. By way of contract executed on April 30, 2010, your com{?an the dda othu mote's were install decking around their pool area. In exchange for this contract, to pay you $7,500.00. $6,000.00 of those dollars were paid upon execution of this contract and made payable to your company. Please accept this correspondence as your one and only notice for the immediate return of the $6,000.00 paid to you on behalf of the Parthemore's. As you know, Pennsylvania passed the Home Improvement Consumer Protections Act as you have registered on June 22, 2009, with PA #021907. Section 517.8 irrvolves home improvement fraud and makes it a felony of the third degree where a home im?rovment contractor receives any advance payment for performing home improveme t services or providing home improvement materials and fails to perform or provide such services or materials when specified in the contract, taking into account any force ma eure or unforeseen labor strike that would extend the timeframe or unless extended by agreement with the owner and fails to return the payment received for such services or materia which are not provided by that date. Section 517.8(c)(2) provides that violation of this section as quoted constitutes a felony of the third degree. Very truly yours, Abom & Kutulakrs, 4P Jason P. Kutulakis JPK/slf cc: David and Eileen Parthemore Reply To: 2 WEST HIGH STREET CARLISLE, PENNSYLVANIA 17013 (717) 249-0900 FAX (717) 249-3344 A. Sign r t*gent X ? Addressee B. R i by (Pfi Name) Date of Delivery Tp 4 D. Is deliver address different from item 1? ? Yes If YES, enter delivery address below: ? No 3. Servi ertifi d Mail 111 Expr9ss Mail E3 Reg eyed LI'Retum Receipt for ? insure d Mail ? C.O.D. 4. Restricts Delivery? (Extra Fee) 2. Article Number' (transfer frcrtiservl 7 009 2 8 2 0 0 2 2 2 210 3 8 2 5 7 PS Form 381 February 2004 Domestic Return Receipt 102595-02-M-1540 ¦ Complete items 1, 2, and 3. Also complete item 4 If Restricted Delivery Is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the maiipiece, or on the front If space permits. 1Ficle Addressed to: X Tw -• 0-F ?O?r?rni,?hr < Eror)L ,Me r` tao rt pirri?vr?o/vi wea /?'h J PA i? 1) ?lG?rrrshr?'5 r J & N Fence, Deck and Landscaping LLC "High Quality Products and Services" i Our attention to detail and high quality workmanship create lasting and beautiful fences and b : decks for your home. Whether it may be for a pool, security or just for that added touch of s decadence, we strive to provide you with a product you'll enjoy. Whether you are looking for a traditional wood or composite deck, our designs will be beautifully integrated with your homes architecture. We will be sure to create lasting and enjoyable moments in the midst of your own back yard. We not only specialize in fences and decks, but we provide many other services: Pergolas, Home Improvements and Basement Remodeling, Landscaping and Lawn Care,' Electrical and Plumbing Repairs and Home Maintenance to name a fear. ` Examples of our completed Mork: PROW! 71 Rik 41, W V i x ?? rr -v Call ''oday for a.?+ I-L .n E??TIIVIA Fully Insured with Over 10 Years of Experience! References Available! SerN-ing Ilarrishur and Surrounding Areas Phone: 717-609-741-5 E-mail: jnfencer&gmail.com home lrupro,.?ement Rel;istration # PA021907 EXHIBIT a SS ?`. ' the Jack Duignan William T. Tully ChiefDeputy Solicitor AL Michael W. Rinehart Assistant Chief Deputy Dauphin County 101 Market Street Harrisburg, Pennsylvania 17101-2079 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania DAVID & EILEEN PARTHEMORE VS County of Dauphin J & N FENCE, DECK AND LANDSCAPING, LLC Sheriff s Return No. 2012-T-0868 OTHER COUNTY NO. 2012-1656 And now: MARCH 20, 2012 at 9:22:00 AM served the within NOTICE & COMPLAINT upon NICOLE MAXWELL-NYE by personally handing to NICOLE MAXWELL-NYE 1 true attested copy of the original NOTICE & COMPLAINT and making known to him/her the contents thereof at 1821 BRIAR CREEK LANE MIDDLETOWN PA 170157 DEPUTY WENT TO ADDRESS 1821 BRIAR CREEK LANE TO ATTEMPT SERVICE ON JONATHAN NYE, BUT DEFENDANT NICOLE MAXWELL- YE LIVES AT PROPERTY, DEFENDANT DOES NOT RESIDE AT 107 NISSLEY DRIVE,',MIDDLETOWN, PA 17057. Sworn and subscribed to So Answ( before me this 5TH day of April, 2012 Sheri f x By V COMMONWEALTH OF PENNSYLVANIA Df S] NOTARIAL SEAL D: J Karen M. Hoffman, Notary Public City of Harrisburg, Dauphin County S s M Commission Expires Au st 17, 2014 EXHIBIT , Pa. : $85.75 3/19/2012 letfut of the- e*tPrif r -f William T. Tully Solicitor Dauphin County 101 Market Street Harrisburg, Pennsylvania 17101-2079 ph: (717) 780-6590 fax: (717) 255-2889 Jack Duignan Chief Deputy Michael W. Rinehart Assistant Chief Deputy Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin DAVID & EILEEN PARTHEMORE VS J & N FENCE, DECK AND LANDSCAPING, LLC Sheriff s Return No. 2012-T-0868 OTHER COUNTY NO. 2012-1656 And now: MARCH 20, 2012 at 9:22:00 AM served the within NOTICE & COMPLAINT upon J & N FENCE, DECK AND LANDSCAPING, LLC by personally handing to NICOLE MAXWELL-NYE 1 true attested copy of the original NOTICE & COMPLAINT and making known to him/her the contents thereof at 1821 BRIAR CREEK LANE MIDDLETOWN PA 17057 DEPUTY WENT TO ADDRESS 1821 BRIAR CREEK LANE TO ATTEMPT SERVICE ON JONATHAN NYE, BUT DEFENDANT NICOLE MAXWELL-NYE LIVES AT THIS PROPERTY WHO ALSO ACCEPTED SERVICE FOR J & N FENCE, DECD AND LANDSCAPING, LLC Sworn and subscribed to So Answers, before me this 5TH day of April, 2012 Q ??L Sher' f f Dauphin Co By V COMMONWEALTH OF PENNSYLVANIA De Sheriff NOTARIAL SEAL D ty- J MILLER Karen M. Hoffman, Notary Public City of Harrisburg, Dauphin County S ffS 4osts: $85.75 3/1 M Commission Expires August 17, 2014 Pa. EXHIBIT ABOM C& ' - &uTUL,sKis )anon P. Kutulakis, Esquire :Attorney I.D. #: 80411 2 West I Iigh Street Carlisle, PA 17013 (717) 249-0900 David Parthemore and IN THE COURT OF COMMON PLEAS Eileen Parthemore, CUMBER.LAN]b, COUNTY, PENNSYLVANIA Plaintiffs V. CIVIL ACTION -LAW DOCKET NO.: 2012-1656 Jonathan Nye Nicole M. Maxwell-Nye and J&N Fence, Deck and Landscaping, L.L.C., Defendants Jury Trial Den*nded IMPORTANT NOTICE To: Nicole M. Maxwell-Nye 1821 Briar Creek Lane Middletown, PA 17057 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU IN THE COMPLAINT. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. EXHIBIT __mv 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 ELGIBLE PERSONS AT A REDUCED FEE OR NO FEE. PENNSYLVANIA LAWYER REFERRAL SERVICE 100 South Street P.O. Box 186 Harrisburg, PA 17108 (717) 800-692-7375 Respectfully subm?tted, DATE: Ivt?y 18, 2012 ABOM & KUTUL Ws, LLP Jasc)h P. squ Attorney ID # 80 11 Abom & Ku , LLP 2 West High Street Carlisle, PA 170131 (717) 249-0900 Attorney for Pdaint?s CERTIFICATE OF SERVICE AND NOW, this 18`h day of May, 2012, I, Shannon Freeman, of ABO:II & KuTUL.,-iKrs, L.L.P, hereby certify that I did serve a true and correct copy of the foregoing Notice of Intention to Enter Default judgment by depositing, or causing to be deposited, same in the United States Mail, First- class mail, postage prepaid addressed to the following: Nicole M. Maxwell-Nye 1821 Briar Creek Lane Middletown, PA 17057 nt SVannon Freeman ABOM & - &uTUrsKIs Jason P. Kutulakis, Esquire Attorney I.D. #: 80411 2 West High Street Carlisle, PA 17013 (717) 249-0900 David Parthemore and Eileen Parthemore, Plaintiffs V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Jonathan Nye Nicole M. Maxwell-Nye and J&N Fence, Deck and Landscaping, L.L.C., Defendants : Jury Trial Demanded IMPORTANT NOTICE To: J&N Fence, Deck and Landscaping 1821 Briar Creek Lane Middletown, PA 17057 YOU ARE IN DEFAULT BECAUSE YOU HAVE AILED TO FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTION TO THE CLAIMS SET FORTH AGAINST YOU IN THE COMPLAINT. UNLESS YOU TACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER EXHIBIT A CIVIL ACTION - LAW DOCKET NO. 2012-1656 IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE NL-?Y BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELGIBLE PERSONS AT A REDUCED FEE OR NO FEE. PENNSYLVANIA LAWYER REFERRAL SERVICE 100 South Street P.O. Box 186 Harrisburg, PA 17108 (717) 800-692-7375 Respectfully submitted, AsoM & KuTULVas, LLP D.aF-: KV y 18, 2012 Jasor j P. tulakis Egqu Attorney ID 80 11 Abom & Kutulal i?, LLP 2 West High Streef Carlisle, PA 170131 (717) 249-0900 Attorney for Plaintiffs CERTIFICATE OF SERVICE AND NOW, this 18" day of May, 2012, I, Shannon Freeman, of ABOIt & KuTL-1-4: S, LLP, hereby certify that I did serve a true and correct copy of the foregoing Notice of Intention to Enter Default judgment by depositing, or causing to be deposited, same in the United States Mail, First- class mail, postage prepaid addressed to the following: J&N Fence, Deck and Landscaping 1821 Briar Creek Lane Middletown, PA 17057 C? 5 on Freeman ! A ABOM c& ' 1CuTLILAKIS Jason P. hutulakis, Esquire \rtomcc I.D. #: 80411 3 \Vsr I Iigh Strect Carlisle, PA 17(13 717) 1-49-0900 David Parthemore and Eileen Parthemore, Plaintiffs v. 22 112 M1. 25 PH 1: 312' U M 5 E R L A N D L 0QN' P." PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DOCKET NO.:' 2012-1656 Jonathan Nye Nicole M. Maxwell-Nye and J&N Fence, Deck and Landscaping, L.L.C., Defendants : Jury Trial Dem?nded AFFIDAVIT OF SERVICE I, Jason P. Kutulakis, Esquire, hereby certify that I did serve a true and correct copy of the Notice of Intent to Seek Default, upon the Defendant, by depositing, or causing to be deposited, same in the U.S. mail, certified delivery, postage Prepaid, on Nicole Maxwell-Nye, at Middletown, Pennsylvania, addressed as follows: Nicole Maxwell-Nye 1821 Briar Creek Lane Middletown, PA 17057 Return card acknowledging receipt on May 19, 2012, 'is attached as Exhibit "A". Respectfully submitted, & KUTULA)US, LLP D.-=: M,- y 23, 2012 Jas n P. KutulEsqu Attorney ID # 80411 Abom & Kutulakis'b LLP 2 West High Street', Carlisle, PA 17013 (717) 249-0900 Attorney for Plaint 1 90 F ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: AlleoL %i'(GC;c2 A. Signature ? Agent XA ? Addressee B. eceived b (Printed Nar1tl; V C. Date of Delivery 11- lV Li,010 'VIA E '-S -?,v D. Is delivery address different from item 1? ? Yes \ If YES, enter delivery address below: ? No 3. Service T ® Certifi Mail ? Express Mail ? Registeiad 7 Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted elivery? (Extra Fee) ? Yes 2. Article Number 7009 2820 0002 ''2103 8677 ransfer from service label PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 EXHIBIT `A" ABOM c52' I?LiTLILAKIS Jason P. Kutulakis, Esyuirc _lttomcc I.D. #: 80411 _° W est f fig, Street Carlisle, PA 17013 (717) 249-0900 ' 712 MAY 25 PH I* PENNSYLVANIA David Parthemore and IN THE COURT OF COMMON PLEAS Eileen Parthemore, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. CIVIL ACTION -LAW DOCKET NO.:' 2012-1656 Jonathan Nye Nicole M. Maxwell-Nye and J&N Fence, Deck and Landscaping, L.L.C., Defendants : Jury Trial Demanded I, Jason P. Kutulakis, Esquire, hereby certify that I did serve a true and correct copy of the Notice of Intent to Seek Default, upon the Defendant, by depositing, or causing to be deposited, same in the U.S. mail, certified delivery, postage prepaid, on J&N Fence, Deck & Landscaping, at Middletown, Pennsylvania, addressed as follows: J&N Fence, Deck & Landscaping 1821 Briar Creek Lane Middletown, PA 17057 Return card acknowledging receipt on May 19, 2012, is attached as Exhibit "A". Respectfully submitted, 0M & KUTULA?US, LLP DATE: MAY 23, 2012 Jason P. Kutuk s,, squir Attorney ID # 80411 Abom & Kutulakis ', LLP 2 West High Street : Carlisle, PA 17013', (717) 249-0900 Attorney for Plaint EXHIBIT G A ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: .J f n6e, W- . ?if&dlvtny ri,6u, fry f 7.4 1707 A. S' nature X ?? j ? Agent ? Addressee B. r.jved b (Printed Name) . Date of Delivery 1\/ Iti. s -1l?-- ? ? D. Is delivery address different from item 17 ? Yes If YES, enter delivery address below: ? No 3. Service Typ McCertified Mail ? Express Mail ? Registered 17 Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. Article Number (rransferfrom service iabeq 7009 2820 000212103 8684 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 EXHIBIT `A" E Pq e4-v10C'L V Jo vi a UV\ Nye ? ? ? Fev? cs? ?n.G I ? G ?? (?G ?+? Scu ? ? ? ? L':. -1,1% c. Gc-`1` ,v, - Lew 0, 6? ?j 16 f)- 6 vl? N-4 4 t `)-% -p , U-) t J (),vi) 4r, l?II chG _5' EXHIBIT I • k AND NOW, this 12"' day of June, 2012, I, Shannon Freeman, of Abom & Kutulakis, LLP, hereby certify that I did serve a true and correct copy of the foregoing Motion for Judgment on the Pleadings by depositing, or causing to be deposited, same in the United States Mail, first-class mail, postage prepaid addressed to the following: J&N Fence, Deck & Landsca#ing 1821 Briar Creek Lane Middletown, PA 17057 Nicole Maxwell-Nye 1821 Briar Creek Lane Middletown, PA 17057 I 7 Alom c52' KUTLILAKIS Jason P. Kutulakis, Esquire Attorney I.D. #: 80411 2 West High Street Carlisle, PA 17013 (717) 249-0900 David Parthemore and Eileen Parthemore, Plaintiffs V. Jonathan Nye Nicole M. Maxwell-Nye and J&N Fence, Deck and Landscaping, L.L.C., Defendants TO DAVE BUELL, PROTHONOTARY: ??: t^l I Phi 2: •;;, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW DOCKET NO.: 2012-1656 Trial Demanded Please enter judgment in favor of Plaintiffs, David and Eileen Parthemore, and against Defendant, J&N Fence, Deck and Landscaping, L.L.C., for failure to file an Answer to the Complaint. Amount claimed in Complaint: Contribution, Sole Liability and/or Indemnification for $5,000.00 plus treble damages and $1,895.50 in attorney's fees ($16,895.50 total with interest accruing at 2.40% per annum), the amount claimed by Plaintiffs, David and Eileen Parthemore, against Defendant, J&N Fence, Deck and Landscaping. I certify that written notice of the intention to file this praecipe was mailed to the party against whom judgment is to be entered and to his/her attorney of record, if any, after the default occurred and at least ten (10) days prior to the date of the filing of this praecipe. A copy of the 4 /1.5-D ,('VI At C# 4?6 s/? , x76907 IVO k e 0171 Z A24 V notice is attached, pursuant to Pa.R.C.P. Rule 237.1. Date: Respectfully submitted, ABOM & KUTULA"S, LLP 4jasoKutulakis, Esquire Attorney ID # 80411 Abom & Kutulakis, LLP Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiffs judgment is hereby entered for Plaintiffs, David Parthemore and Eileen Parthemore, and against Defendants, J&N Fence, Deck and Landsc for failure to file an Ans r to the Complaint. Date: 1? 1 Dave Buell Prothonotary, Cumberland County T'Mom & &U ULAKIS Cason I'. Kutulal;is, Usyuirc Attocncv I.D. #: 80411 2 West High Street Carhslc, PA 17013 (717) 249-0900 David Parthemore and Eileen Parthemore, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW DOCKET NO.: 2012-1656 Jonathan Nye Nicole M. Maxwell-Nye and J&N Fence, Deck and Landscaping, L.L.C., Defendants Jury Trial Demanded To: J&N Fence, Deck and Landscaping 1821 Briar Creek Lane Middletown, PA 17057 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU IN THE COMPLAINT. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAW'Y'ER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELGIBLE PERSONS AT A REDUCED FEE OR NO FEE. PENNSYLVANIA LAWYER REFERRAL SERVICE 100 South Street P.O. Box 186 Harrisburg, PA 17108 (717) 800-692-7375 Respectfully submitted, ABOM & Ku=AKIS, LLP a D -TE: M - y 18, 2012 Jaso P. tulakis, quire Attomey ID 80411 Abom & Kutuhdds, LLP 2 West High Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiffs CERTIFICATE OF SERVICE AND NOW, this 18`x' day of May, 2012, I, Shannon Freeman, of .4Bwl & Kurt LAS s, LU, hereby certify that I did serve a true and correct copy of the foregoing Notice of Intention to Enter Default judgment by depositing, or causing to be deposited, same in the United States Mail, First- class mail, postage prepaid addressed to the following: J&N Fence, Deck and Landscaping 1821 Briar Creek Lane Middletown, PA 17057 Snon Freeman i f ? 1 r AND NOW, this 12`" day of June, 2012, I, Shannon Freeman, of Abom & Kutulakis, LLP, hereby certify that I did serve a true and correct copy of the foregoing Praecipe for Entry of Default judgment by depositing, or causing to be deposited, same in the United States Mail, first-class mail, postage prepaid addressed to the following: J&N Fence, Deck & Landscaping 1821 Briar Creek Lane Middletown, PA 17057 SiQmon Freeman C (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the vvith'rE.r?rTb`rXt Argument Court.) -- --------- ------ -------- CAPTION ----------------------------- - 442-JUL-19 ----PM 3: C CAPTION - ------- CASE (entire caption must be stated in full WM9 - ERiwAND COUNT' PENNSYLVANIA David and Eileen Parthemore vs. Jonathan Nye; Nicole M. Maxwell-Nye; and, a No. 1656-2012 Civil Term 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Plaintiffs' Motion for Judgment on the Pleadings 2. Identify all counsel who will argue cases: (a) for plaintiffs: Jason P. Kutulakis, Esq., 2 West High Street, Carlisle, PA 17013 (Name and Address) (b) for defendants: (Name and Address) 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: September 7, 2012 Date: July 18, 2012 Print your name Plaintiffs Attorney for INSTRUCTIONS: 1. Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 14 days prior to argument. 3. The responding party shall file their brief 7 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. QU,?? oLnc?q W18I