HomeMy WebLinkAbout05-0213FRANCIS C. MUSSO, CPA, MPA,
a Professional corporation
Plaintiff
VS.
LANDIS, INC.
Defendant
IN THE COURT OF COMMON PLEAS,
CUMBERLAND COUNTY,
PENNSYLVANIA
Civil Action - Law
Number :
NOTICE TO DEFEND
nn C _
C I `
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 to you for any money claimed in the complaint or for any other
claim or relief requested by the plaintiff. You may lose money or property or other rights
important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
321 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
BLUMENSTOCK & BLUMENSTOCK, P.C.
By 0 k WuL V p `'`_
Charles F. Blumenstock, Jr. /
Attorney I.D. No. 41320
255 Butler Avenue, Suite 103
Lancaster, PA 17601
(717) 290-1640
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
FRANCIS C. MUSSO, CPA, MPA,
a Professional corporation,
Plaintiff No. OS'- 13
VS.
LANDIS, INC.,
Defendant
COMPLAINT
C?.wC`r?
1. Plaintiff, Francis C. Musso, CPA, MPA ("Plaintiff'), is a Pennsylvania
professional corporation, with an address at 2006 Marietta Avenue,
Lancaster, Pennsylvania 17603.
2. Defendant, Landis, Inc. ("Defendant"), is a Pennsylvania business
corporation, with an address at 30 Woodcraft Drive, Mount Holly Springs,
Pennsylvania 17065.
3. On or about November 3, 2003, Plaintiff and Defendant executed an
engagement letter ("Contract") for Plaintiff to perform certain accounting
and consulting services for Defendant. A true and correct copy of the
Contract is attached hereto as Exhibit "A".
4. From November 10, 2003 through July 25, 2004, Plaintiff, through its
employees, performed accounting and consulting services for Defendant
pursuant to the Contract.
5. On or about February 29, 2004, April 28, 2004, June 1, 2004, June 30,
2004 and July 26, 2004, Plaintiff delivered to Defendant invoices
("Invoices") dated those dates for services rendered pursuant to the
Contract. True and correct copies of such Invoices are attached hereto
collectively as Exhibit "B".
6. On or about September 28, 2004, Plaintiff delivered to Defendant a
statement dated that date summarizing the invoices for fees and expenses
totaling $21,363.21, a true and correct copy of which is attached hereto as
Exhibit "C".
7. Until Defendant failed to pay Plaintiff for services rendered, Plaintiff
completed the work required by the Contract.
8. Despite demand for payment, Defendant has refused to make payment of
the amounts due on the Contract in the amount of $21,363.21.
9. The amount owed to Plaintiff does not exceed the amount required by
local rule to be subject to arbitration.
WHEREFORE, Plaintiff Francis C. Musso, CPA, MPA demands judgment
against Defendant Landis, Inc. for damages in the amount of $21,363.21 plus
interest thereon, plus costs of suit and attorney's fees, and such other relief as this
Court deems necessary and proper.
Dated: January 7, 2005
Charles F. Blumenstock, Jr., Esquire
Attorney I.D. #41320
Blumenstock & Blumenstock, P.C.
255 Butler Avenue, Suite 103
Lancaster, PA 17601
(717) 290-1640
Attorneys for Plaintiff
EXHIBIT A
Francis C. Musso, CPA, MPA A Professional Corporation
Certified Public Accountant and Business Consultant
2006 Marietta Avenue ?Lancaster, PA 17603
Telephone: (717) 397-2212 ? Fax: (717) 397-5040
E-mail: fmusso2006@aol.com
November 3, 2003
Mr. Steven J. Capuano
Landis, Inc.
Woodcraft Drive
Mt. Holly Springs, PA 17065
Dear Mr. Capuano:
This letter is to confirm our understanding of the terms and objectives of our
engagement and the nature and limitations of the services we will provide.
We will perform the following services for Landis, Inc. and any and all other companies
and entities, all known as the "Company":
Business analysis including preparing and reviewing valuation of Company
business, analyzing profitability of Company; development and review of
strategic alternatives and options, review of cash position and forecasts, and
providing assistance on developing and reviewing plans of reorganization.
Operation services provided for direction, oversight and management consulting
needs of the Company.
Review of financial aspects of potential sale, liquidation or cessation of land,
buildings, assets or operations.
Review of current financing matters and development of options including new
financial placement and review of loan documents.
Asset analysis, including identification of and review of assets, appraisal of
potential value and potential disposition including sales, leases, abandonment
and any other related transactions.
Data analysis including management information systems review, review and
reporting of all systems and values present in system, with particular emphasis
on advance costs or billing.
Review Federal, State and Local income tax returns and payroll tax returns.
November 3, 2003
Steven L. Capuano
Page 2
Fees will be billed as work progresses and are based on the amount of time involved plus
out-of-pocket expenses. Billings will be presented bi-weekly and are due as presented,
with the retainer applied to any open invoices at the end of our engagement. A retainer of
$2,500.00 is required for the initiation of this engagement.
We will notify you immediately of material circumstances we encounter that change the
core nature of the above engagement. Please be aware that reorganization services are
dynamic, and often the scope of the engagement is revised as progress and strategies
evolve.
Charges for services will be based upon the following hourly rates for the various classes
of personnel that Francis C. Musso, CPA, MPA may assign to the project:
Francis C. Musso, CPA, MPA $175.00 per hour
Arthur G. Schafer $150.00 per hour
Senior Project Managers $125.00 per hour
Junior Associates $ 90.00 per hour
Secretarial and Clerical Services $ 40.00 per hour
Hourly rates include overhead and profit. Out-of-pocket expenses such as travel,
subsistence, long distance telephone, reproduction, computer time, and equipment rental
are invoiced at Francis C. Musso, CPA, MPA's cost.
If this letter correctly expresses your understanding, please sign the enclosed copy where
indicated and return it to me.
I appreciate the opportunity to serve your organization. I believe that with your help and
cooperation, a quality result can be achieved.
Since,
4ais C. Wltrsmo
?._
For Fr IS C. N uss CPA, MPA A Professional Corporation
.as reed to:
late: n J. Capuano
andis, Inc.
* le• '
Landis, Inc.
Document Review List
Company legal name and complete address
Company form of organization
Fiscal Year End Date
Type of Income Tax Form filed
Accounting basis for books and tax (Cash or Accrual)
Federal EIN or Social Security Number
Copy of all partnership or joint venture agreements, if any
Bank reconciliation for each month for the past 6 months
List of current aged accounts receivable
Property analysis detail for all classes of Property
List of all jobs in process showing gross contract and work completed to date. Include contract or purchase order
copies to support billings and current and future WIP.
Financial statements for the past three years and most recent month and year to date
Federal and State Corporate tax returns for the past three years
Minute book, stock book, articles of incorporation and by-laws
List of members of Board of Directors, date elected, term remaining, position and duties assigned
Copies of all current insurance contracts - business, workers' compensation, life, health, disability and any other
policy in force
List of pending claims, disputes or denial of coverage
Key man insurance and any present value calculation
List with description of claims history for the past three years
Payroll tax returns for 2002 and first three quarters of 2003. W-2 copies for 2002.
Copies of all loan, note or mortgage documents, financing statements, UCC-1 and UCC-3 filings and most recent
billing for each
Copies of all governmental grants as to amounts, use of funds and rights of ownership
List of pending or threatened lawsuits
List of any audits or proceedings conducted by the IRS
Copies of all credit applications filed within the last 18 months
List of all real estate and equipment owned
Depreciation schedule
Schedules to support any prepaid or other assets
Accounts payable aged listing
Schedules to support any other liability on the balance sheet
List of stock ownership and amounts paid-in for the stock
Any and all stock purchase or repurchase agreements
Cash receipts for the current year to date
Cash disbursements for the current year to date
List of all employees of the entire business, setting out names, job titles, address, age, salary and length of service.
Written permission to access employee files. List of employees terminated in the past three years, noting reason for
termination.
Copies of any employee contracts or letters of employment.
Copies of any agreements which employees are required to sign including: confidentiality agreements; conflict of
interest declarations; non-competition agreements; non-solicitation agreements; and any other agreements with
employees, such as loan agreements or consulting agreements.
Copies of all labor contracts, and labor disputes in the past three years.
Copies of sample employment applications, forms used for evaluations and pre-employment tests.
Summary of all workers' compensation claims in the last 24 months.
Summary of current vacation plan, paid holidays, bonus plans, sick pay, personal days, and all other employee
arrangements.
List of all deferred compensation plans and summary annual statement.
Summary of all employee health and welfare plans.
Copy of current personnel policies, employee handbook and any and all documents completed and/or signed by a
new employee
Copy of operating budget projections and business plans for past two fiscal years and current year
Copy of any cash flow or financial forecasts or projections involving fiscal 2002, 2003 and 2004
List of key vendors
List of trade associations or industry groups to which you belong, including membership number
Copies of all marketing and advertising contracts or agreements
Type and amount of any capital expenditures over $5,000 in the past three years
Name, address and telephone number of corporate attorney and accountant
Copies of all leases
List of safe deposit boxes and contents
Copies of Pension, Profit Sharing or 401(k) Plans and Plan Summaries
Copies of any Cafeteria or Section 125 plans
Copies of any Union Agreements
List of all other affiliated or controlled companies
List of any individual guarantees for corporate debt or borrowings
Copies of any and all other contracts or agreements not listed above
EXHIBIT B
Oct 18 04 08:CCa Francis C Musso CPR MPp
Francis C. Musso, CPA, MPA
2006 Marietta Avenue
Lancaster, PA 17603
717-337-2212
Bill To!
Landis, Inc,
30 Woodcraft Drive
P.O. Box 196
Mt. Holly Springs, PA 17065-0196
Date Item Description
214!2004 Francis Musso Site review, review of year end cut off figures,
work-ir.-process, billings in excess of cost, and
completed deaf, of projections by month through
June 2004.
2;4;"1004 Arthur Schafer Meeting with Mr. Capuano to discuss and obtain
information regarding revenue projections by
month by customer; discussion of directions and
options.
12.!10!2004 Arthur Schafer Review package for refinancing, discussions with
potential lender.
2/11/2004 Francis Musso Review and update of amounts on initial packet
for ;nformation received ]as! week; ree,iew and
update of business plan executive summary;
response to corporate counsel e-mail, discussion
with counsel; summary of equipment and loans,
presentation to lender representative for Advisco
Capital.
2/13/2004 Francis Musso Prepare additional information for lender, send to
lender, review draft response from lender, discuss
with lender, obtain final commitment letter and
request release to client.
2116P_004 Francis Musso Review final draft of lender proposal; discuss
charges and obtain commitment to client, ob*_air.
commitment date change, e-mail to corporate
counsel.
2!17/2004 Francis Muss, Review of commitment lettex, review of needs,
development of list for review.
2!19;2004 Francis Musso Attendance at meeting to discuss .Advisco letter;
review needs. review changes necessary, discuss
all with Stevc. Kim and Mike Bangs.
717-337-SC40
t
Date
?'29/2004
F.`
Invoice
Invoice #
2!1'4143
i
Terms
I
Hours Rate Amount f
4.1 1''5.0; 17.50
? 2 140.00 480 00
I
1.1 1 150.00
1 ,65.00
4.8 75.00 9417.00
I
I
1.8 175.00 3i?.0{j
1.3 i 175.00 2_7.f0
Total
3.5 ? 175.00
367.50
6,30 00
$3,742.511 l
Cot 18 04 09:01a Francis C Musso Cpp MpR
Francis C. Musso, CPA. MPA
2006 Marietta Avenue
Lancaster, PA 17603
717-397-2212
13111 To:
Landis, inc.
30 Woodcraft Drive
P.O. Box 196
Mt. Holly Springs, PA 17065-0196
Date Item
311x2004 Francis Mum
Y2f )004 Francis Musso
rl
3/3/2004
Francis Musso
3/111/2004
3111/2004
3/1212004
3/13!2',)04
Arthur Schafer
Arthur Schafer
Arthur Schafer
Francis Musso
3,14/2004 Francis Musso
I
3115/2004
Francis Musso
3115,12004 =rancis Musso
311612004 1 Arthur Schafer
3/17/20{34 !' Arthur Schafer
3/2512OD4 Francis -Russo
4/11/2004 Francis Musso
Description
Trend update, preparatior for Tuesday meeting,
Essex call.
Review mee:irig with client and Counsel; review
of accountant financial statemens, update trends
including Jobs bid and rec-eived, payables, interim
financials, lien: searct, results, appraisal for Esscx I,
claims, time line for action, assignments to each
narticipant.
Preparation of information for Essex and fax to
Faschnaeht for follow-up; review FNC letter and
comment; prepare break even analysis.
Discussions regarding markets, custorter base and
Manufacturer representatives.
Revicw of financiaf results for February and
accounts receivable agin=.
Setup profile and sign up for Manufacturers
Representatives.
Trend update, projmion update. preparation of
WIP update for January and January adjusted
monthly.
Prepare February WIP report, adjust February
Monthly, update projections, update trend,
prepare information and fax to Attorney Shufr,
prepare personal financial statement.
I paration of respurrse to due diligence request
for Advisco loan.
Proof and assembly of final package and filing
with Advisco.
Discussions with -Manufacturers Representative
candidates-
Discussions with Manufacturers representatives
candidates.
Prepare summary and advance to Mr, Krrmmel.
Review of month end data, update and preparation
of new information for presentation at Monday
meeting.
727-387-5040
Hours
0.4
4.3
i 4i
2.5
11.2
n_s
1.2
1.7
4.1
i.l
1.4
0.7
4.2
I Total
Invoice
Date k Invoice #
4/28!2004 1 2(04I If 5
Terms
Due upon Receipt
Rate Amount
175.00 70.00
1'5.00 752,: )
175.001 245.'.rl
150.00 ' 37-00
I50.00 18(x.09
If 0 00 120.tlrG
1?5.001
I 297.)V
f
'5.00 ?
822.50
x 75.00 2 i OJ1C
5G,00, 16-K
150.00 110,30
1175.00 122.50
175 00 735.00
Page 1
Oct 18 04 09:01a Francis C Musso CPR MFR 717-397-5040
Francis C. Musso, CPA, MPA Invoice
2006 Marietta Avenue
1 -1
Lancaster, PA 17603 Date Invoice
717-397-2212
4/28/2004 2W41 i5
Terms 1
Will Yo: I
Landis, Inc. 1 Due upon Receipt
30 Woodcraft Drive
P.O. Box 196
Mt. Holly Springs, PA 17085-0196
Date Item Description Hours Rate Amount
4t 1212(104 Francis Musso Review and discuss losses io date and reasons for 4.6 175.00 805 00
losses, discuss inability to present company to
Advisco due to losses, discussion regarding
options and next steps, file notes and presentation
of adjusted financial statements. t
4!.2,-2004 Arthur Schafer Review financial results for first quarter, discuss 3.9 150.061
5?5.Oi1 '
options, waste-up results.
4/15;2004 Francis Musso Review findings of financiai loss review and 0,6 .7.00 1 list. +'i l
validity of numbers with staff after field review.
4/14/2004 Arthur Schafer Review of retainage by contractor, establish 5 7 1150.00.
355.?U
accounts review and call list; review of cash flow, t
accounts receivable and accounts payable;
discussions with Dave lUitzei, review o`vehicle
list.
4120/2004 Francis Musso Review and phone calls for financing and current 1.9 r 175. go 332.50
position regarding options, legal status and
financial status
4123;2004 Arthur Schafer Write letter regarding additional steel cost; review 4.5 150.00 (T= 00 4
and update cash flow; review of ioans and loan
documents; discussions with potential lender.
Reimbursement
3111 /2004 Photocopy expense for financing paclmge report. 20.63 20.63
4/13;2004 Overnight del,: ; of iii v-sment package to 20.90 26.901
Advisco
Total Reimbursable Expenses 47.53
Reimbursement
412812004 Mileage for February and March 2004. '. 86 miles. 66.96 56.90
412 312 0 0 4 Mileage for February and March 2004, 310 miles. t 1.60 111.51
Total Reimbursable Expenses 178.56
I
Total X6,098.54
i
Page 2
Oct la 04 09;c2a Francis C Musso CFR MPR 717-387-5040
p.E;
Francis C. Musso. CPA, MiPA Invoice
2006 Marietta Avenue
Lancaster, PA 17603 Date Invoice #
717-337-2212
(,%12,004 ZtI1;418R ?
I
Bill To:
! Terms
Landis, Inc. i Due upon Receipt
30 Woodcraft Drive
P.O. Box 195
Mt. Holly Springs, PA 17065-0196
Data Item Description Hours Rate Amount
412612004 Arthur Schafer Meeting with Jim Pierce to refinance PNC debt, 3.5 150.0G 525.00
preparation of information and schedules
requested.
4/27/2004 Francis A4t:ssc File review and preparatior ofcur--„nt Balance 2.1 75.00
t.7 51`t
Sheet with job listing, liquidation analysis and ff
bankruptcy concerns in preparation of meeting i
with Craig Diehl.
l
4M.7004 Francis Musso Attendancc. at meeting with Bankruptcy Counsel, 13
175.00 i Qo2.54 j
review of current position, discussion regarding j
options and time period, establish goals and
objectives.
412912004 Arthur Schafer Meeting with Craig Diehl to discuss options 3.3 150.00 495.X0
available to Company; discussions with new
lender and obtaining information as requested. i
4129/2004 Francis Musso Prepara'Son of March 31, 2004 WIP and 1.7 175.00 23-7.56
Depreciation report and related Journal Entries.
4/29/2M4 Arthur Schafer Complete loan application, prepare and send 3.7 150.0 555 Ong
requested information.
5/412004 Arthur Schafer Recommend adlustment to inventory for 33 150.00 495.00
work-in-process and insurance reclassification; j
prepare and supply additional information on loan
request.
5/1112004 Arthur Schafer Discussions with potential lender on struct,lre, and 0.8 150.00 .20.0:: +
amount of financing.
5/13/2004 , Arthur Schafer Review o; April financia! statements. 1.1 I5CW(" 55. _K)
5/1'2004 f Arthur Schafer Calls and discussions with Crai- Diehl and Kim i C.5 150.00 (I.- I
Capuano regarding bank claim of default.
5/271"3004 Arthur Schafer Review of April financial results, including 3.7 150.00
inventory adjustments; review of sales and
receivables; review of vehicle list and titles for
PNC.
Total $4,052.56
Oct 18 04 09:03a Francis C Musso CPR MPR 717-397-5040
Francis C. Musso. CPA, MPA
2006 Marietta Avenue
Lancaster, PA 17603 Date
717-397-2212 6!30/2004
Bill To:
Landis, Inc_
30 Woodcraft Drive
P.Q. Box 195 f
Mt. Holly Springs, PA 1 7065-0196 f
Date Item j Description Flours
6/'7!2004 Francis Musso Preparation of information and fax c:cver for filing 1.6
with First Essex.
6/8/2004 Francis Musso Preparation of summary ana'ysis of account for 1.4
First Essen and transmission and discussion.
6/10/2004 Francis Mum Discussions with First Essex and preparation and 1.2
provision of new infonnation.
6112/2004 Arthur Schafer Review .hint entries for construction in process 1.5
and depreciation
p.7
Invoice
Invoice #
2304236
Teems
Due upon Re rip:
Rate Amount
175 00 2SC.00
175.00 245.00
775.00 -.1(t.?U0
150.00 225.00
I
Total $96(00 1
Oct 18 C4 08e04a Francis C Musso CPR MPR 717-387-5040
p.8
Francis C. (Musso. CPA, MPA Invoice
2006 Marietta Avenue
Lancaster, PA 17603 Date i invoice #
717-397-2212
7l26i12004 20-j4246 I
Bill To: Terms
Landis, Inc. Due upon Receipt
30 Woodcraft Drive
P.O, Box 196
Mt. Holly Springs, PA 17065-0196
Date Item 1
; Description
Hours
Rate
Arnount
6/16'2004 Arthur Schafer Meeting with John Bambach to discuss financing; ; 150.00 450.00
review o"percentage of compicdon for ruaterial
costs.
7/1!2004 Francis Musso Preparation for meeting review and update 1.6 175.00 280.00
financial statements.
7/2!2004 I Francis Musso Discussion regarding month cnd reporting and 3.3 175.00 577.50
'„6/2004 Francis Musso Review of file and preparation of Term Sheet fo- 3.4 175.00 595.00
stock sale and preliminary projections.
7,'7/2004 Francis Musso Meeiin- to discuss status and options, review of 2.7 175.0!? 472.50
month end computations for «-ork in process and
establish Excel file.
7/1212004 Francis Musso Meeting with Steve to discuss status and options. 2.5 1,7500 437.51
7!19:2004 Francis Musso Review of financial statements at June 30, 2004; 2.4 175.1,?() 470.00
entry of cost figures from May computation;
recal.ulation of current position; estimated
balance shit and operations for period ending. i
7(20(2004 Francis Musso Update spreadsheet for presentation.; completion 3.3 175.00 577.50
of Executive Summary; presentation to broker for
sale of majority interest.
7!20(2004 Francis Musso preparation of summary for Diehl, and establish 0.6 175.00 i 05M
meeting, discussion with Steve regarding results.
7/21/2004 Francis Musso Review of payables and listing of needed 1.6 175,00 21;0.00
infortnatton for meting with counsel on Tutsday.
?,125/21)04 Francis Musso Review files, update June 30, 2004 work ir; 1.3 i 75.00 -Z 7.51 ;
process for new information, update financial
statements.
7/22/2004 Mileage expense for the period through 7=1104, 87. 12 57.12
242 miles.
1
Total $41,50().62
EXHIBIT C
Statement
Francis C. Musso, CPA, MPA
2006 Marietta Avenue
Lancaster, PA 17603
717-397-2212
To:
Landis, Inc.
30 Woodcraft Drive
P.O. Box 196
Mt. Holly Springs, PA 17065-0196
Date
9/28/2004
Amount Due Amount Enc.
$21,363.21
Date Transaction Amount Balance
01/01/2003 Balance forward 0.00
01/05/2004 INV 92003847. Due 01/05/2004. 5,232.50 5232.50
01/20/2004 PMT -5,232.50 0.00
02/03/2004 INV #2004124. Due 02/03/2004. 5,945.00 5,945.00
02/29/2004 INV #2004143. Due 02/29/2004. 3,742.50 9,687.50
04/28/2004 INV #2004155. Due 04/28/2004. 8,098.59 17,786.09
05/28/2004 PMT -5,945.00 11,841.09
06/01/2004 INV #2004188. Due 06/01/2004. 4,052.50 15,893.59
06/30/2004 INV #2004236. Due 06/30/2004. 960.00 16,853.59
07/26/2004 WV #2004246. Due 07/26/2004. 4,509.62 21,363.21
CURRENT 1-30 DAYS PAST 31-60 DAYS PAST 61-90 DAYS PAST OVER 90 DAYS
Amount Due
DUE DUE DUE PAST DUE
0.00 0.00 0.00 5,469.62 15,893.59 $21,363.21
VERIFICATION
I, Francis C. Musso, CPA, MPA, President of Francis C. Musso, CPA, MPA, a
Professional Corporation, Plaintiff in the within action, verify that the facts set forth in
the foregoing Complaint are true and correct to the best of my knowledge, information
and belief. I understand that false statements herein are made subject to the penalties of
18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities.
Dated: December ? 2004
;Francis C. Musso, CP, MPA
C? fl-.3
C
c ;.s 'Ti
za,
- CD ,"-•
\ -V LYf Yuil (^
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
FRANCIS C. MUSSO, CPA, MPA,
a Professional corporation,
Plaintiff NO. 05-213 CIVIL TERM
V5.
LANDIS, INC.,
Defendant
CIVIL ACTION - LAW
DEFENDANT'S ANSWER TO PLAINTIFF'S COMPLAINT
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted in part, denied in remainder. It is admitted that Plaintiff performed certain services
from November 10, 2003 through July 25, 2004. It is denied that certain services performed
were requested or needed. Certain services that were to be provided and were critical to
Defendant were not performed.
5. Admitted.
6. Admitted.
7. Admitted in part, denied in remainder. It is admitted that Plaintiff performed certain services
from November 10, 2003 through July 25, 2004. It is denied that certain services performed
were requested or needed. Certain services that were to be provided and were critical to
Defendant were not performed.
8.
9
Denied. Defendant disputes certain amounts on the invoices.
Admitted.
WHEREFORE, Defendant respectfully requests dismissal of Plaintiff's action with prej udice.
LAW OFFICES OF CRAIG A. DIEHL
Dated: 0
By. Craig Diehlia
Attorney ID No. 52801
3464 Trindle Road
Camp Hill, PA 17011-4436
(717) 763-7613
Counsel for Defendant
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
FRANCIS C. MUSSO, CPA, MPA,
a Professional corporation,
Plaintiff NO. 05-213 CIVIL TERM
vs.
LANDIS, NC.,
Defendant
VERIFICATION
CIVIL ACTION - LAW
I, STEVEN J. CAPUANO, President of LANDIS, INC., VERIFY that the statements set
forth in the foregoing DEFENDANT'S ANSWER TO PLAINT'IFF'S COMPLAINT are true and
correct to the best of my knowledge, information and belief. I understand that false statements
herein are made subject to the penalties of 1,8 Pa. §4904 relating to unworn falsification to
authorities.
Dated: L S
TOTAL P.04
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA
FRANCIS C. MUSSO, CPA, MPA,
a Professional corporation,
Plaintiff NO. 05-213 CIVIL TERM
VS.
LANDIS, INC.,
CIVIL ACTION - LAW
Defendant
CERTIFICATE OF SERVICE
AND NOW, this ? day of February, 2005, the undersigned hereby certifies that a true
and correct copy ofthe foregoing DEFENDANTS' ANS WER TO PLAINTIFF'S COMPLAINT was
served upon the opposing party by way of United States first class mail, postage prepaid, addressed
as follows:
Charles F. Blumenstock, Jr., Esquire
Blumenstock & Blumenstock, P.C.
255 Butler Avenue, Suite 103
Lancaster, PA 17601
LAW OFFICES OF CRAIG A. DIEHL
By.-G!
Helen E. Rasmussen, Legal Assistant
3464 Trindle Road
Camp Hill., PA 17011-4436
(717) 763-7613
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SHERIFF'S RETURN - REGULAR
CASE NO: 2005-00213 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MUSSO FRANCIS C CPA MPA
VS
LANDIS INC
JASON VIORAL , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
LANDIS
DEFENDANT
at 30 WOODCRAFT
the
, at 1013:00 HOURS, on the 18th day of January , 2005
MT HOLLY SPRINGS, PA 17065
was served upon
by handing to
PATRICIA ADAMS, RECEPTIONIST, ADULT IN CHARGE
a true and attested copy of COMPLAINT & NOTICE together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 4.44
Affidavit .00
Surcharge 10.00
.00
32.44
Sworn and Subscribed to before
me this a,t day of
A. D.
Prothonotary
So Answers:
R. Thomas Kline
01/19/2005
BLUMENSTOCK & BLUMENSTOCK
By: V
H p.tuty-SS eriff
Curtis R. Long
Prothonotary
OfflLE of the i3rotbonotarp
Cumbprfanb Countp
Renee K. Simpson
Deputy Prothonotary
John E. Slike
Solicitor
bs _ .2 2 CIVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 29TH DAY OF OCTOBER 2008 AFTER MAILING NOTICE OF
INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE
CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA
R C P 230.2
BY THE COURT,
CURTIS R. LONG
PROTHONOTARY
n„e rn,irthnuse Snuare • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573