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HomeMy WebLinkAbout13-5966 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of FROM C CA /�? b erla ef DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 1 - 5 W IC NOTICE OF APPEAL _lam Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. NAME OF APPELLANT +�Q J I ` /� MAG. DIST. NO. NAME OF D.J. Da� t +t G i't�{'o� 3as'vc ✓d / /tom jec$e►� D q - 3 ADDRESS OF APPELLANT , CITY STATE ZIP CODE Ia41 Sv f ? 05b DATE OF JUDGMENT IN THE CASE OF (Plaintift) jD�endaK). Sr>7r,,,l�r I7 2oi3 _4 ue- 114009a I�1 /r 1iY� .z��,►,rL�E- �� 41),` r Sc4m, t- DOCKET No. IF SIGNATURE OF APPS OR ATTORNEY OR AGENT A'�� a - �y ")7 , b�Z_yGs This block will be signed ONLY when this notation is required under Pa. If appellant was Claimant (see P R.C.P.D.J. No. 1001(6) in action R.C.P.D.J. No. 10086. This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty SUPERSEDEAS to the judgment for possession in this case. (20) days after filing the NOTICE of APPEAL. Signature hoaobry y PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon appellee(s), to file a complaint in this appeal Name of appeUee(s) (Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appellant or allomay of agent RULE: To , appellee(s) Name of appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: 20 Signature of Prothonotary or Deputy V 1NVAIASNN3d YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. I i 1 4 u 200 AOPC 312 -02 _ WHITE- COURT FILE TO BE FILED WITH PROTHONOTARY. gN,- COURT FILE YELLOW- APPELLANTS COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Notice of Judgment/Transcript Civil z� Case Mag. Dist. No: 11 DJ- 09 -3 -04 MDJ Name: Honorable Paula P. Correal Susquehanna Valley Tree Address: 5275 East Trindle Road V. Suite 110 Randy Schmitt, Jennifer Schmitt Mechanicsburg, PA 17050 q3 0 Ul /(`'`A ire— br . . L Telephone: 717- 697 -2201 ,�y� n p'# � Susquehanna Valley Tree 19 Texaco Road Docket No: MJ 09304 - CV - 0000276 - 2013 Mechanicsburg, PA 17050 Case Filed: 817/2013 Disposition Summary Docket No Plaintiff MJ- 09304 -CV- 0000276 -2013 Susquehanna Valley Tree Den_ ant DispaSltion Jennifer Schmitt Disposition Date MJ- 09304 -CV- 0000276 -2013 Susquehanna Valley Tree Judgment for Plaintiff 09/17/2013 Judgment Summary Randy Schmitt Judgment for Plaintiff 09/17/2013 Participant Joint/Several Liabili _ Jennifer Schmitt Individual Liabili $1,555.17 Amount Randy Schmitt $0.00 $1,555.17 Susquehanna Valley Tree $1,555.17 $0.00 $0.00 $1,555.17 Judgment Detail . ( *Post Judgment) $0.00 $0.00 In the matter of Susquehanna Valley Tree vs. Randy Schmitt; Jennifer Schmitt on 9/17/2013 the judgment was awarded Judament Component Joint/Several Liability Individual Liabili u follows: Civil Judgment — Deposit Applied Amount $1 Filing Fees ,400.00 $0.00 Costs $105.50 $0.00 $1,400.00 $10.00 $0.00 $105.50 Server Fees $39.67 $0.00 $10.00 $39.67 Grand Total: $1,555.17 ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL THE PROTHONOTARY /CLERK OF COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. A WITH EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. Date Senior Magisterial District Judge Paula P. Correal I certi y that this is a true and correct copy o t e record o t e proceedings con inin t e judgment. Date M isterralDistrict Judge L MDJS 315 Page 1 of 2 - Printed: 09/1712013 11:41:16AM Susquehanna Valley Tree v. Docket No.: MJ- 09304 -CV- 0000276 -2013 Randy Schmitt, Jennifer Schmitt Participant List Plaintiff(s) Susquehanna Valley Tree 19 Texaco Road Mechanicsburg, PA 17050 Defendant(s) Jennifer Schmitt 930 Wiltshire Drive - Mechanicsburg, PA 17050 Randy Schmitt 930 Willshire Drive Mechanicsburg, PA 17050 MDJS 315 Page 2 of 2 Printed: 09/17/2013 11 :41:16A V. r . -:?'?f? y'"!P'XitF` +Jka�iee�av�°.�. ,e,±r.. .w",.;g�..yt. 5 ...hn�� ,*+r°.....Si,•a+. :x s. r.Y?tE ."3?'..nb a ^�+t: ��"� . •a �:.k mr._Cd 9'1, :?`° r"� lf^ A HE pROTONO i A 2013 OCT 21 Pt 3- 69 OuMBERLAIfl COUNTY P ENNSY M41 P' PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN(10)DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF /V( l) ;ss AFFIDAVIT: P I hereby(swear)(affirm)that I served a copy of the Notice of Appeal, Common Pleas /3 jiipon the District Just a designated therein on (date of service)4,61e. 17( ,20 13 • ❑ by personal service u by(certified) r ' mail, .aQ4d Aft,/ sender's receipt attached hereto,and upon the appellee,(name) gai ,, / el'1" ,N on D�44/ i ,20 /3 ❑ by personal service l�Y by(certified)(registered)mail, sender's receipt attached hereto. (SWORN)(AFFIRMED)AND SUBSCRIBED BEFORE ME 4� / s THIS /-c DAY OF C.)(. -4/0 � ,20 l 3 . Cif/ 3- Signature--- ._..-o; ..o. a/Bant v Signature ial before whom affidavit was e /votary Title of official My commission expires on "fie? ,20 t`f . NOTARIAL SEAL Y$ KNISdx Nary Mic Nschanlaburg lam O i nbiMid Co. Mr GomnlNMon Wires Novak 2014 SENDER: COMPLETI it-W. t L , ?N COMPLETE 7111S SE ,F_rIY • Complete Items 1,2,and 3.Also complete A SI e• '� item 4 if Restricted Delivery is desired. '�� 0 Agent ■ Print your name and address on the reverse X / ��('�( 0 Addressee so that we can return the card to you. B. R=ued•✓(Pr• Name) , C. Date of Delivery II Attach this card to the back of the maliplece, or on the front if space permits. D. Is delivery address different from item 1? 0 Yes 1. Article Addressed to: If YES,enter delivery address below: 0 No dY SC-4)ie1i++- 1 -.J-e Ari-1-c t-- S ell mi ft. v q30 Will 6h i re Dr`s 0e..) 3. Service,ype / techani c e I °L iiirCertlfled Mall 0 Ems Mail r' 7650 0 Registered U Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number "'m (TAInsfer***tvic044000 I i 7001 2510 0000 3029 2417 Ps.F979 811, of r c�Q4 i?l l ti Domestic Return Receipt 102595-02-M4540 USPS.com© - USPS TrackingTht https://tools.usps.com/go/TrackConfirmAction!input.acti... 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Track It 1 of2 10/21/13 9:36 AM Supreme Courtbf Pennsylvania Court 4 Common{Pleas For Prothonotary Use Only: Civil Cover`,Sheet Docket No: c �7�ij¢l�4� County % The information collected on this forin is used solely for court administration purposes. This form does not supplenient -eplace the filing and service ql pleadings or other papers as required by law or rules of court. Com ement of Action: S Complaint ❑ Writ of Summons ❑ Petition ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking E C L (s;Nam�_' , r Le��ad Defendant's Na pd"Ajl al I Are money damages requested? s ❑ No Dollar Amount R /quested: within arbitration limits (check one) ❑outside arbitration limits O N Is this a Class Action Suit? ❑Yes No Is this an MDJAppeal? Yes ❑ No A Name of Plaintiff/Appellant's Attorney: C ❑ Check here.if you have no attorney(are a Self-Represented [Pro Se[ Litigant) Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT(do not include Mass Tort) CO (do not include Judgments) CIVIL APPEALS ❑ Intentional er Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection:Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept.of Transportation ❑ Premises Liability ❑ Statutory Appeal: Other S ❑ Product Liability(does not include ❑ Employment Dispute: E mass tort) Slander/Libel/Defamation Discrimination El C El Other: ❑ Employment Dispute:Other ❑ Zoning Board T ❑ Other: I Otherj':� n O MASS TORT /(/d/t �✓� ❑ Asbestos N ❑ Tobacco ❑ Toxic Tort-DES ❑ Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Other: ❑ Ejectment ❑ Common Law/Statutory Arbitration B ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Non-Domestic Relations ❑ Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY uo Warranto ❑ Mortgage Foreclosure:Commercial ❑Q ❑ Dental ❑ Partition ❑Replevin ❑ Legal ❑ Quiet Title ❑Other: ❑ Medical ❑ Other: ❑ Other Professional: Updated 1/1/2011 * Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) DARWIN J. GIRTON, trading as : IN THE COURT OF COMMON PLEAS OF and doing business as : CUMBERLAND COUNTY, PENNSYLVANIA SUSQUEHANNA VALLEY TREE SERVICE, Plaintiff Cz vs . 13 - 5966 RANDY SCHMITT, also known as R. RANDALL SCHMIDT and £yr JENNIFER SCHMITT, also known CIVIL ACTION - LAW `` -rte as JENNIFER SCHMIDT, C..' co Defendantsr ; NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 ( 717 ) 249-3;REIW By: Givv A C. SHEELY, Esqui Attorney for Plaints f Pa. I.D. No. 62469 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 ( 717 ) 697-7050 r. V, Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) DARWIN J. GIRTON, trading as : IN THE COURT OF COMMON PLEAS OF and doing business as : CUMBERLAND COUNTY, PENNSYLVANIA SUSQUEHANNA VALLEY TREE SERVICE, Plaintiff VS . : 13 - 5966 RANDY SCHMITT, also known as R. RANDALL SCHMIDT and JENNIFER SCHMITT, also known CIVIL ACTION - LAW as JENNIFER SCHMIDT, Defendants COMPLAINT Plaintiff, Darwin J. Girton, trading as and doing business as Susquehanna Valley Tree Service, by and through counsel of Andrew C. Sheely, Esquire, hereby files this Complaint and respectfully states as follows: 1 . Plaintiff is Darwin J. Girton, trading as and doing business as Susquehanna Valley Tree Service, an adult individual with a principal place of business at 19 Texaco Road, Mechanicsburg, Cumberland County, Pennsylvania. 2 . Defendants are Randy Schmitt, also known as R. Randall Schmidt, and Jennifer Schmitt, also known as Jennifer Schmidt, (hereinafter referred to as "Defendants" ) are husband and wife residing at 930 Willshire Drive, Mechanicsburg, Hampden Township, Cumberland County, Pennsylvania. i' 4 3 . All relevant facts associated with this civil action occurred in Hampden Township, Cumberland County, Pennsylvania. 4 . Plaintiff is licensed contractor in the Commonwealth of Pennsylvania engaged in the business of tree and shrub removal, and tree maintenance. 5 . Defendant Randy Schmitt, also known as R. Randall Schmidt, is the owner of the real estate Located at 930 Willshire Drive, Mechanicsburg, Hampden Township, Cumberland County, Pennsylvania. c 6 In the spring of 2012 , Defendants contacted Plaintiff for the purpose of employing Plaintiff to trim, cut and remove certain trees from Defendant R. Randall Schmidt's property. 7 . Plaintiff provided a written proposal to Defendants trim, cut and remove certain trees at Defendant R. Randall Schmidt' s property. 8 . Plaintiff and Defendants agreed that Plaintiff would trim, cut and remove certain trees at Defendant R. Randall s Schmidt' s property at a price of Two Thousand Eight Hundred " Dollars ( $2 , 800. 00) . 9 . Subsequently, Plaintiff completed trimming, cutting and removing certain trees at Defendant R. Randall Schmidt' s property. 10 . While completing the trimming, cutting and tree debris removal as agreed, Defendants requested that Plaintiff remove 2 some additional rhododendron and azalea shrubs on Defendant' s property which included removal of certain root bases associated with the vegetation. 11 . Plaintiff completed trimming, cutting and removing certain tree debris from Defendant R. Randall Schmidt' s property in accordance with the written agreement in a quality, workmanlike and timely manner. 12 . Plaintiff further completed the verbal requests of Defendants to remove certain rhododendron and azalea shrubs, including root bases, in a quality, workmanlike and timely manner at a cost to Defendant of $300 . 00 in labor, materials and expertise. 13 . The written proposal referenced herein and submitted 3 to Defendants and agreed upon by Plaintiff and Defendants has been misplaced and is unable to be attached to the Complaint. 14 . After repeated demands from Plaintiff, Defendants, individually and collectively, refuse to pay Plaintiff for services associated with tree removal at the above-described property. 15. Damages sought by Plaintiff require compulsory arbitration. COUNT I - BREACH OF AGREEMENT Plaintiff vs. Defendants 16 . Paragraphs 1 - 15 are incorporated herein as if set 3 IV k forth at length. 17 . Despite repeated demands for payment, Defendants, jointly and severally, have failed to pay Plaintiff an amount of Two Thousand Eight Hundred Dollars ($2, 800 . 00 ) as agreed upon by the Plaintiff and Defendants for the work completed by agreement of the parties. 18 . Despite repeated demands for payment, Defendants, jointly and severally, have tailed to say Plaintiff for removing small shrubs and plants as agreed to bets een the parties . 19 . Defendants breached their agreement with Plaintiff to F pay Plaintiff an amount of Two Thousand :eight Hundred Dollars ( $2 , 800 . 00 ) for the tree .removal services provided by Plaintiff. WHEREFORE, Plaintiff hereby requests the entry of a judgment in favor of Plaintiff and against Defendants R. Randall Schmidt and Jennifer Schmidt, jointly and severally, in the amount of Two Thousand Eight Hundred. Dollars ( $2 , 800. 00 ) , plus costs of this action. COUNT II - UNJUST ENRICHMENT Plaintiff vs. Defendant, R. Randall Schmidt 20 . Paragraph 1 - 19 are incorporated herein as if set forth at length. 21. Plaintiff performed valuable and dangerous tree removal services for the benefit of Defendant R. Randall 4 Schmidt, owner of the real estate where the trees and shrubberies were removed. 22 . Defendant R. Randall Schmidt has been unjustly enriched to the detriment of Plaintiff as a result of D. Randall Schmidt' s refusal to pay Plaintiff and through the benefits conferred upon Defendant R. Randall Schmidt' s real estate by Plaintiff. 23 . The appearance and safety of Defendant R. Randall Schmidt' s real estate has been improved by the work and services of Plaintiff. 24. The reasonable costs of labor, equipment and expertise provided to and for the benefit of Defendant R. Randall Schmidt are Two Thousand Eight Hundred Dollars ( $2 , 800. 00) . WHEREFORE, Plaintiff hereby requests the entry of a judgment in favor of Plaintiff and against Defendant R. Randall Schmidt in the amount of Two Thousand Eight Hundred Dollars ( $2,800 . 00 ) , plus costs of this action. s COUNT III - QUANTUM MERIT Plaintiff vs. Defendants 25 . Paragraphs 1 — 24 are incorporated herein as set forth at length. 26. Plaintiff provided valuable tree and shrub removal services to Defendants. ii 5 27 . Plaintiff has not been compensated for tree and shrub removal services provided to Defendants. WHEREFORE, Plaintiff hereby requests the entry of a judgment in favor of Plaintiff and against Defendant R. Randall Schmidt and Jennifer Schmidt, jointly and severally, in the amount of Two Thousand Eight Hundred Dollars ( $2 , $00 . 00 ) , plus costs of this action. Respectfu,-_ly submitted, Date: October 30, 2013 i, Andrew C Sheel y, squire ' Attorney for Plaintiff, Darwin J. Girton, trading as and doing business as Susquehanna Valley Tree Service 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 717-697-7050 3 6 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that unsworn statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. DATE: October 30, 2013 / ,-- Darwin J. c on,- trading as and doing business as Susquehanna Valley Tree Service a f' 2 CERTIFICATE OF SERVICE I, Andrew C. Sheely, Esquire, hereby certify that I am this day serving the foregoing Complaint. upon the following named i t individuals this day by depositing same in the United States Mail, First Class, postage prepaid, at Mechanicsburg, Pennsylvania, addressed as follows: R. Randall. Schmidt Randy Schmitt. Jennifer Schmidt Jennifer Schmitt 930 Willshire Drive Mechanicsburg, FA 17050 Date: October 30, 2013 Andrew C. Sheely, squire 7 t i` IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA DARWIN J. GIRTON,trading as and doing business as SUSQUEHANNA VALLEY TREE SERVICE No. 13-5966 Plaintiff, c �' rn cx►;. rn T-- v o _ -, rr, cn!R RANDY SCHMITT,also known as R.RANDALL r c SCHMIDT and JENNIFER SCHMITT,also known vc-; ° As JENNIFER SCHMIDT Civil Action-Law �? n Defendants. '- NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET • CARLISLE,PA 17013 (717)249.3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA DARWIN J. GIRTON, trading as and doing business as SUSQUEHANNA VALLEY TREE SERVICE No. 13-5966 Plaintiff, v. RANDY SCHMITT, also known as R.RANDALL SCHMIDT and JENNIFER SCHMITT,also known As JENNIFER SCHMIDT Civil Action-Law Defendants. ANSWER,NEW MATTER,AND COUNTERCLAIMS TO PLAINTll+'1"S COMPLAINT Defendants Randy Schmitt, also known as R. Randall Schmidt and Jennifer Schmitt, also known as Jennifer Schmidt("Schmidt")files the following Answer New Matter and Counterclaim to the Complaint in Civil Action as follows: ANSWER 1. Admitted. Defendants admit the allegations contained in Paragraph 1 of the Complaint. 2. Admitted in Part and Denied in Part. In response to Paragraph 2 at no time have Defendants ever represented themselves as"Randy Schmitt" and or"Jennifer Schmitt." They have never been known as"Schmitt". The remainder of Paragraph 2 is admitted. 3. Admitted. Defendants admit the allegations contained in Paragraph 3 of the Complaint. 4. Neither Admitted nor Denied. After reasonable investigation, the Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained in Paragraph 4. 5. Admitted. Defendants admit the allegations contained in Paragraph 5 of the Complaint. 6. Denied. The allegations contained in Paragraph 6 are specifically denied. Defendants retained Plaintiff for the purpose from the outset of the engagement to trim trees, remove certain shrubs and remove several roots. All shrubs and roots slated for removal were pointed out to Plaintiff prior to being engaged to perform the work. • • 7. Admitted in Part and Denied in Part. Defendants admit that the Plaintiff was retained to trim trees and remove shrubs. Plaintiff was also retained to remove shrubs and several stumps. To the extent Plaintiff in his averment is alleging that there was any confusion on the part of the Defendants or the Plaintiff on which trees to be trimmed and which bushes to be removed including stump removal the Paragraph is denied. 8. Admitted in Part and Denied in Part. Defendants admit that the Plaintiff was retained to trim trees and remove shrubs. To the extent Plaintiff in his averment is alleging that there was any confusion on the part of the Defendants or the Plaintiff on which trees to be trimmed and which bushes to be removed including stump removal the Paragraph is denied. 9. Denied. The allegations contained in Paragraph 9 are specifically denied. The Plaintiff failed to remove the agreed upon shrubs and stumps. Further,the Plaintiff failed to complete the work without subcontracting the removal of some of the agreed upon bushes and stumps. Further, Plaintiff failed to adequately inspect, supervise or provide appropriate notice for the inclusion of subcontractors for any of the requested work. To the contrary,Defendants specifically relied upon the proposed workmanlike manner of Plaintiff only to realize that Plaintiff failed to perform the agreed upon work. 10. Denied. The allegations contained in Paragraph 10 are specifically denied. At no time did Defendants request"additional" shrubs be removed. Defendants from the outset of the engagement identified the specific trees to be trimmed, shrubs and stumps to be removed. To date Plaintiff has failed to complete the work. 11: Denied. The allegations contained in Paragraph 11 are specifically denied. Defendants from the outset of the engagement identified the specific trees to be trimmed, shrubs and stumps to be removed. To date Plaintiff has failed to • complete the work. 12. Denied. The allegations contained in Paragraph 12 are specifically denied. Defendants from the outset of the engagement identified the specific trees to be trimmed, shrubs and stumps to be removed. To date Plaintiff has failed to complete the work. 13. Neither Admitted nor Denied. After reasonable investigation,the Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained in Paragraph 13. 14. Denied. The allegations contained in Paragraph 14 are specifically denied. Defendants attempted on numerous occasions to attempt to contact Plaintiff for purposes of discussing the work to be completed and to discuss the manner in which the work was performed by subcontractors to no avail_ To date Plaintiff has failed to acknowledge to subcontractor work without approval of Defendants and has failed to fully complete the work. 15. Paragraph 15 contains conclusions of law to which no reply is necessary. By way of further answer,Defendants are without knowledge or information sufficient to form a belief as to the truth of these averments and strict proof is demanded at trial. 16. Paragraphs 1 through 15 are incorporated by reference. 17. Denied. The allegations contained in Paragraph 17 are specifically denied. Defendants attempted on numerous occasions to attempt to contact Plaintiff for purposes of discussing the work to be completed and to discuss the manner in which the work was performed by subcontractors to no avail. To date Plaintiff has failed to acknowledge to subcontractor work without approval of Defendants and has failed to fully complete the work. 18. Denied. The allegations contained in Paragraph 18 are specifically denied. Defendants attempted on numerous occasions to attempt to contact Plaintiff for purposes of discussing the work to be completed and to discuss the manner in which the work was performed by subcontractors to no avail. To date Plaintiff has failed to acknowledge to subcontractor work without approval of Defendants and has failed to fully complete the work. 19. Paragraph 19 contains conclusions of law to which no reply is necessary. By way of further answer, Defendants are without knowledge or information sufficient to form a belief as to the truth of these averments and strict proof is demanded at trial. WHEREFORE,Defendant respectfully requests this Honorable Court dismiss the lawsuit filed by Plaintiff. 20. Paragraphs 1 through 19 are incorporated by reference. 21. Denied. The allegations contained in Paragraph 21 are specifically denied. Plaintiff failed to complete the requested work and failed to adequately notify Defendants as to the performance of work by subcontractors and failed to adequately supervise the work of those subcontractors selected by Plaintiff. 22. Paragraph 22 contains conclusions of law to which no reply is necessary. By way of further answer,Defendants are without knowledge or information sufficient to form a belief as to the truth of these averments and strict proof is demanded at trial. 23. Denied. The allegations contained in Paragraph 23 are specifically denied. To the contrary, the Defendants property has not been improved by the labor or lack of labor of the Plaintiff. The property has no ability to plant new landscaping due to the remaining shrubs and the stumps remaining in the ground which were not removed by Plaintiff in accordance with the specific request of defendants has resulted in ground that is not plantable and therefore Defendants property has had a significant reduction in value due to the inability of Defendants to plant any landscaping. 24. Paragraph 24 contains conclusions of law to which no reply is necessary. By way of further answer,Defendants are without knowledge or information sufficient to form a belief as to the truth of these averments and strict proof is demanded at trial. WHEREFORE,Defendant respectfully requests this Honorable Court dismiss the lawsuit filed by Plaintiff. 25. Paragraphs 1 through 24 are incorporated by reference. 26. Denied. The allegations contained in Paragraph 26 are specifically denied. Plaintiff failed to complete the requested work and failed to adequately notify Defendants as to the performance of work by subcontractors and failed to adequately supervise the work of those subcontractors selected by Plaintiff. 27. Paragraph 27 contains conclusions of law to which no reply is necessary. By way of further answer, Defendants are without knowledge or information sufficient to form a belief as to the truth of these averments and strict proof is demanded at trial. WHEREFORE,Defendant respectfully requests this Honorable Court dismiss the lawsuit filed by Plaintiff. NEW MATTER 28. Paragraphs 1 through 27 are incorporated by reference. 29. Plaintiff is barred from filing the aforementioned Complaint due to a lack of writing. 30. The facts of Plaintiffs case rely upon the existence of a writing that.provides for the removal of certain trees,bushes and stumps. However,Plaintiff has failed to meet the burden of establishing a writing sufficient to meet the requirements of a writing under the Pennsylvania Statute of Frauds. 31. Plaintiff is fully aware that at no time did the Defendants ask for"additional" work to be performed but that at all times the scope of the work was clear and it was the Plaintiff not the Defendant's who lack an understanding of that scope. Absent a writing to the contrary, the Plaintiff cannot assert a breach of contract claim. 32. Plaintiff is fully aware that there was no writing permitting the use of subcontractors and at no point did Defendant's authorize the use of such subcontractors. To the contrary Defendant notified Plaintiff of their objection to such use of subcontractors. Over the objections of Defendants, Plaintiff utilized subcontractors without authorization. 33. Plaintiff's failure to perform the work requested, to improperly notify Defendants of the use of subcontractors, to adequately and in a professional and workman-like manner supervise those unauthorized subcontractors gives rise to the affirmative defense of set-off. 34. Defendants' failure to comply with any alleged obligations under any supposed agreement between the parties is excused by Plaintiff's own prior breaches of those alleged agreements. WHEREFORE, Defendants reserve the right to assert any additional defenses that may arise in the course of discovery or at trial in this matter. And, WHEREFORE, Defendants, respectfully request this Honorable Court enter judgment in their favor and against Plaintiff, together with costs, attorneys' fees and such other relief as is just and proper. COUNTERCLAIM For their Counterclaim against Plaintiff,Defendants state as follows: 1. In the Spring of 2012, Defendant contacted Plaintiff for the purpose of retaining Plaintiff for tree trimming, shrub removal and stump removal. 2. The transaction required Plaintiff to trim trees, remove shrubs and stumps as specifically instructed by Defendant on several visits to the property by Plaintiff. 3. On false pretenses, Plaintiff failed to perform the work as requested. In addition, Plaintiff utilized subcontractors without the consent or prior approval of Defendants. 4. Plaintiff represented to Defendants that: a. Plaintiff would trim and remove the specific trees and shrubs and stumps identified by Defendants prior to Plaintiff commencing any work; b. Plaintiff would be on the job site until completion and would be the sole company performing all of the proposed work; c. No subcontractors would be employed. • 5. Plaintiff without privilege, deliberately failed to disclose to Defendants that: a. Plaintiff would not remove all the requested shrubs and stumps; b. Plaintiff would not be on the job site at all times during the performance of the work; c. And that Plaintiff would employ unauthorized,unidentified and unsupervised subcontractors to perform any part of the proposed work. 6. The representations were material in that Defendants would not have retained Plaintiff had they known the truth. They were material also in that the representations were made knowingly and involved a failure to disclose. Plaintiff concealed these omissions in order to deceive Defendants into believing Plaintiff would be the only company performing the work and to induce Defendants into retaining Plaintiff. 7. The representations made by Plaintiff were made with knowledge that they were false, conscious ignorance of the truth, or recklessness as to whether the representations were true or false. 8. The representations made by Plaintiff were made with the intent of misleading Defendants into relying on them and with the intent of inducing them to retain Plaintiff. 9. Defendants relied on the above-described fraudulent misrepresentations made by Plaintiff. Their reliance was justifiable. 10. Defendants suffered damages as a proximate result of Plaintiffs above-described fraudulent material misrepresentations and Defendants justifiable reliance thereon. 11. Plaintiff made the above-described misrepresentation of material facts. 12. Plaintiff made the misrepresentations under circumstances in which Plaintiff ought to have known their falsity. 13. Plaintiff made the misrepresentations with the intent to induce Defendants into retaining Plaintiff. 14. Plaintiff's misrepresentations resulted in injury to Defendants who acted in justifiable reliance on the misrepresentations. WHEREFORE, Counterclaim Plaintiffs (Defendants),respectfully request that this Court enter judgment in their favor and against Counterclaim Defendant(Plaintiff), for damages exceeding $2500.00, attorneys' fees, interest and costs, and other such relief as this Court deems just and proper. Respectfully submitted, R. Randall Schmidt,Pro Se November 19, 2013 Jennifer Schmidt,Pro Se op/ 1 � VERFICATION I verify that the statements made in this Answer,New Matter and Counterclaim are true and correct. I understand that unsworn statements herein are made subject to the penalties of 18 Pa. C. S. A. Section 4904.Relating to unsworn falsification to authorities. DATE: o,' i \i a0 Ai. • R. Randall Schmidt lk&k Je a%�fer Schmidt • , • CERTIFICATE OF SERVICE I,R. Randall Schmidt, hereby certify that I am this day serving the foregoing Answer, New Matter and Counterclaim upon the following named individuals by depositing in the United States Mail, certified, return receipt requested, at Mechanicsburg Pennsylvania, addressed as follows: Darwin J. Girton Susquehanna Valley Tree Service 19 Texaco Road Mechanicsburg PA 17055 Andrew Sheely, Esquire 127 S. Market Street PO Box 95 Mechanicsburg PA 17055 Date: November 19, 2013 R. Randall Schmidt i4 Andrew C. Sheely, Esquire Attorney for Plaintiff 7r s 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 L• *. ) PA ID NO. 62469 'r d"3t AJ y} 717-697-7050 (Phone) �wld � Y rat y' ' 717-697-7065 (Fax) DARWIN J. GIRTON, trading as : IN THE COURT OF COMMON PLEAS OF and doing business as : CUMBERLAND COUNTY, PENNSYLVANIA SUSQUEHANNA VALLEY TREE • SERVICE, Plaintiff vs. : 13 -- 5966 RANDY SCHMITT, also known as . R. RANDALL SCHMIDT and JENNIFER SCHMITT, also known : CIVIL ACTION - LAW as JENNIFER SCHMIDT, Defendants • PLAINTIFF 'S REPLY TO DEFENDANTS' NEW MATTER AND ANSWER TO DEFENDANTS' COUNTERCLAIMS Plaintiff, by and through counsel of Andrew C. Sheely, Esquire, hereby files this Reply to the New Matter raised by Defendants and this Answer to Defendants ' Counterclaims, respectfully, as follows: PLAINTIFF 'S REPLY TO DEFENDANTS ' NEW MATTER 28. Paragraphs 1 - 27 of Plaintiff ' s complaint are incorporated herein at length. 29 . Denied. The allegations set forth in paragraph 29 of Defendants ' New Matter are conclusions of law to which no reply is required. To the extent a reply or response is required, the allegations are denied and Strict proof thereof demanded at trial or arbitration. 30. Denied. The allegations ions set forth in paragraph 30 of Defendants ' New Matter are conclusions of law to which no reply is required. To the extent a reply or response is required, Plaintiff presented a proposal presented to Defendants from which the work was completed. By way of further reply and response, Plaintiff ' s Complaint raises additional counts beyond breach of agreement. 31. Denied. To the contrary, ' Defendants were aware of all work set forth in the original proposal and Defendants specifically requested additional stump removals while Plaintiff was completing work requested by Defendants. By way of further reply, Plaintiff has no knowledge of the limitations suggested by Defendants. The remaining allegations of paragraph 31 are conclusions of law to which no response is required. 32 . Admitted in Part/Denied in Part. It is admitted that Plaintiff employed an unrelated entity to complete certain stump removal so that Plaintiff could comply with the terms of the written proposal submitted to Defendants. By way of further reply, Plaintiff has no knowledge of the limitations suggested by Defendants. Plaintiff denies the remaining allegations set forth in paragraph 32 and strict proof thereof demanded at trial or arbitration. 33 . Denied. The allegations set forth in paragraph 33 of Defendants' New Matter are conclusions of law to which no reply is I required. To the extent a reply or response is required, Plaintiff ' s use of separate entity to grind out stumps was required to comply with the written proposal to Defendants and known to by Defendants due to previous work completed between the parties. By way of further reply, all work done was completed in a quality and workmanlike manner to meet the terms of the written proposal and directives of Defendants. 34. Denied. Plaintiff denies breaching the written proposal submitted to Defendants . By way of further reply, Plaintiff complied with the written proposal and requests of Defendants while completing the terms set forth in the proposal. WHEREFORE, Plaintiff respectfully requests that this Honorable Court deny each and every request for relief and claim filed in the Reply of Defendants to plaintiff ' s Complaint, and enter judgment in favor of Plaintiff and against Defendants in accordance with the relief requested in the Complaint. PLAINTIFF'S ANSWER TO DEFENDANTS ' COUNTERCLAIM 35. Paragraphs 1- 27 of Plaintiff ' s Complaint and paragraphs 28 - 34 of Plaintiff ' s Reply to Defendants ' New Matter are incorporated herein as if seq. forth at length. 36 . ( 1) Admitted with clarification. The allegations are admitted with the Clarification that the written proposal submitted to Defendants was dated on or. about May 7; 2012 , a copy of which is attached hereto as Exhibit "A''' 37 . (2 ) Admitted in Part/Denied in Part. It is admitted that Plaintiff completed the work proposed as set forth in Exhibit "A" . Defendant denies the allegations of this paragraph as they pertain to specific instructions of Defendants. Plaintiff denies any and all remaining allegations, and strict proof thereof is demanded at trial or arbitration. 38 . (3) Denied, To the contrary, Plaintiff complied with all representations made to Defendants in accordance with the written proposal to Defendants set forth in Exhibit "A" . By way of further answer, Plaintiff was unaware of any objections that Defendants had to the use of a separate entity to grind out tree stumps as requested by Defendants as the separate entity had smaller equipment which Plaintiff previously used at Defendants residence. Any and all further allegations contained in paragraph (3 ) of Defendants' Counterclaim are denied, and strict proof thereof demanded at trial or arbitration. 39 . (4) Admitted in part/Denied in Part. a. It is admitted that Plaintiff trim and removed trees, shrubs and stumps identified by Defendants as contained within the written proposal submitted to Defendants The remaining allegations of subparagraph a are denied and strict proof thereof demanded at trial or hearing; and b. It is admitted that Plaintiff was on the job site to supervise completion of the work contained within the written proposal submitted to Defendants. It is specifically denied that representations were made by Plaintiff that Plaintiff represented that it would be the sole company completing certain work, as Plaintiff had previously used equipment owned by the other entity to remove stumps from Defendants property on prior occassions. To the extent any additional answer or response is required, the remaining allegations are denied and strict proof demanded thereof at trial or arbitration. c. Denied. To the contrary, a tree stump removal contractor was required to complete the scope of the work set forth in the written proposal and additional work agreed to by and between Plaintiff and Defendants due to size limitations imposed by Defendants ' property. 40 . (5 ) . a. Denied and strict proof demanded of at trial or arbitration. To the extent a further answer is required, Plaintiff made no deliberate or other misrepresentations to Defendants and Plaintiff fully complied the terms of the written proposal and with Defendants subsequent requests. b. Denied and strict proof demanded of at trial or arbitration. To the extent a furtner answer is required, Plaintiff was available to Defendants at all. times, Plaintiff made no deliberate or other misrepresentations to Defendant and Plaintiff fully complied the terms of the written proposal and with 3 • Defendants subsequent reques .s,. c. Denied and strict proof.:de ,.ded of at trial or arbitration. To the extent a further ar.%wer is required, Plaintiff made no deliberate misrepresentations to Defendant and Plaintiff fully complied the terms of the written proposal and with Defendants subsequent requests. 41. ( 6) . The multiple allegations set forth in Defendant ' s Counterclaim Paragraph 6 are, denied and s+:rict proof demanded thereof at trial or arbitration. By way of further answer, Plaintiff made no deliberate or material misrepresentations to Defendants, Defendants had used Plaintiff on prior occasions, Plaintiff fully complied the terms of the written proposal and with Defendants ' requests. 42 . ( 7 ) . Denied, and strict proof thereof demanded at trial or arbitration. To the extent a further answer is required, Plaintiff made no deliberate or material misrepresentations to Defendants and Plaintiff fully complied the terms of the written proposal and with Defendants subsequent requests. 43 . ( 8) . Denied, and strict proof demanded thereof at trial or arbitration. To the extent a further answer is required, Plaintiff made no deliberate or other misrepresentations to Defendants, Plaintiff fully complied the terms of the written proposal and with Defendants subsequent requests. By way of further answer, Defendants have failed to allege any harm or damages, if 6 true. 44 . (9) . Denied, and strict proof demanded thereof at trial or arbitration. To the extent a further answer is required, Plaintiff made no deliberate or misrepresentations to Defendants and Plaintiff fully complied the terms of the written proposal and with Defendants subsequent requests. By way of further answer, Defendants have failed to allege any harm or damages. 45. ( 10 ) . Denied, and strict proof demanded thereof at trial or arbitration. To the extent a further answer is required, Plaintiff made no deliberate misrepresentations to Defendants and Plaintiff fully complied the terms of the written proposal and with Defendants subsequent requests. By way of further answer, Defendants have failed to specify any damages or harm, if true. ' 46. ( 11) . Denied, and strict proof demanded thereof at trial or arbitration. The allegations set forth in paragraph 46 ( 11 ) of Defendants ' Counterclaim are conclusions of law to which no reply is required. To the extent a reply or response is required, the allegations are denied and strict proof thereof demanded at trial or arbitration. 47 . ( 12 ) . Denied, and strict proof demanded thereof at trial or arbitration. The allegations set forth in paragraph 47 ( 12 ) of Defendants ' Counterclaim are conclusions of law to which no reply is required. To the extent a reply or response is required, the allegations are denied and strict proof thereof demanded at trial • or arbitration. 48 . ( 13) . Denied, and strict proof remanded thereof at trial or arbitration. The allegations set forth in paragraph 48 ( 13) of Defendants' Counterclaim are conclusions of law to which no reply is required. To the contrary, Plaintiff completed what Defendants requested, and Defendants ' assertions to the contrary are raised solely to avoid payment to Plaintiff . To the extent a reply or response is required, the Allegations are denied and strict proof thereof demanded at trial or Arbitration. 49. ( 14 ) . Denied, and strict proof demanded thereof at trial or arbitration. The allegations set forth in paragraph 49 ( 14) fail to set forth any indication of how Defendants were damaged or how they acted on reliance of Plaintiff ' s 'alleged misrepresentations where Defendants made no ( zero) payment to Plaintiff. By way of further, Plaintiff completed what Defendants requested, and Defendants' assertions to the contrary are raised solely to avoid payment to Plaintiff. To the extent a reply or response is required; the allegations are denied and strict proof thereof demanded at trial or arbitration. WHEREFORE, Plaintiff respectfully requests that this Honorable Court deny/dismiss Defendants ' Counterclaims for the reasons set forth above, including the failure of Defendants to set forth any claims for damages with specificity and failure to plead any material damages, and that the Court find in favor of Plaintiff and 8 against Defendants as to the underlyiucT causes of action set forth in Plaintiff ' s Complaint. , Respectfully submitted, Date: December 9, 2013 44) tqk A .�drew C. Sheely, Esquir- Attorney for Plaintiff PA ID No. 62469 P.O. Box 95 127 S. Market Street Mechanicsburg, _PA 17055 717-697-7050 Exhibit • •:. proposal SUSQUEHANNA VALLEY TREE SERVICE 4 / ---- - ' \ •-.: ..,.., 19 TEXACO RD • MECHANICSBURG, PA 17055-2623 • , , A• Ar—f0 s •:,z___../ PHONE 717-697-1819 FAX 717-691-8076 . 11 i 1 • 24 HOUR ANSWERING SERVICE • . .■'s gliN 1 PROPOSAL S„UBMITTED TO PHONE DATE •-•-...„/e•7•-•e•ir' ',..'':::.....'..,>;?/r1;'/7';'''a- C''(..',1; '—' m ,----2,r4:2, ii ----:-IC ) STREET JOB NAME //,._) 4,: ;,,,"••••--- CITY.STATE AND ZIP CODE - - JoErtricATION ' DATE OF JOB --:" • . JOB PHONE 7 e•-"" 1--- . Z./ 2 1 i ec--' We hereby Submit specifications and estimates for: .44;2., •.,„._____ ,,,!..„.„4.7,...,3 e„,.... ...,:p. .4,,,,:: ..,•...: .," .::',."'" ..::-...;;e.;:',!:::?,:::::. 3 , • '' ,1 -C-". ' ' - -. -----" 0/ , - , ,,- „. , . ,,,,,,,i---.,7„,,,',-.,?,„,,}e..., -....1-::: ..,(-/„. -,..; 6... „,,, /-`zt;.‘” ,- I i -- 1 ,...• ./* . ,,... "-"';' ,5 /--„:- 7-?' ,:,..,,--- <7:: c-v 1.:-; -,- :_. c,-.:-- : "-- .,y,...,-,;,,:,-''--- S- :,..,..-7 ..._ , - 1 ,--. -- ft?(.--rt„.-' Z.. -,-.`-' •.-f,:;: ›,--- ::--E..,..---",-;----- "4/1;./1/4 _ L...,../._ ,. - /7'/-"j7 e:-..:,i. (':::,-1; Z" Y' ,'';')14.{: ,M1.) .0...",....' e e;?.e ...„, 6....,.., e J, C,,, ;: ' ."' ...,,,-;= ,-*)...) ,r'''-' _ ,._.-- , . ,..----e-,- ," -;:,*" ''' '"' ,,,,. .,..c"- aA",;,,,,;. :1 -- ,- ---7..-- . //..-.'-:l'' ,-"'."-- _i"4...'..-- ,-;;;;-<-_,--, 41,4:. ..".- ■-.',j" (;)...04.2,..22/' i . I I . ,-:.,,.., "7. --•"--. i , /4"-- -' ,..... ._././7 ...S.--..";;',--,-_,,,---,,-,..„) .., ,,:i.. ,„,,-, 6...:, /.1? (..), -/ ge propose hereby to furnish material and labor -complete in accordance with above specifications, for the sum of: I dollars(55 -*4 Payment to be made as follows: .... 1 SignaKie ; . Note:This proposal may be withdrawn by us if not accepted within days 1 N.-----,... .. r---• ccejatance of Proposal—The above prices,specifications and conditions are satisfactory and are hereby accepted.You are authorized to do the work as specified. Signature Payment will be made as outlined above. ii , \ Date of Acceptance: Signature 1 VERIFICATION I verify that the statements made in this Reply to New Matter and Answer to Counterclaim are true and correct. I understand that false statements herein are made subject to penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: December 9 , 2013 Darwin J Gi on, t/a/d/a Susquehanna Valley Tree Service Plaintiff CERTIFICATE QF S It VICE I, Andrew C. Sheely, Esquire, hereby certify that I am this day serving the foregoing Reply to New Matter and Answer to Counterclaim upon the following named individuals this day by depositing same in the United States Mail, First Class, postage prepaid, at Mechanicsburg, Pennsylvania, addressed as follows: R. Randall Schmidt Jennifer Schmidt 930 Wiltshire Drive Mechanicsburg, PA 17050 414 Date: December 2013 Andrew C. Sheely • = .uire