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14-2845
COMMONWEALTH OF PENNSYLVANIA NOTICE OF APPEAL COURT OF COMMON PLEAS FROM Cumberland County JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. , � �IK( Vi -jrm NOTICE OF APPEAL Gita Y has 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 mentioned below. NAME OF APPELLANT "Al,015T.NO.OR NAME OF O.J. Sunguild I & II Condominium Association MD-J-09-3-05 Hon.Mark Martin ADDRESS OF APPELLANT CITY STATE ZIP CODE C/o 1000 North Prince Street Lancaster PA 17603 DATE OF JUDGMENT III TIE CASE 011P11,111,111 In,fe,-111l 4/18/2014 Victor D. Notarianni Sunguild I & II Condominium Assoc. V5. CLAIM NO. SIGNATURE OF APPELLANT OR IS ATTORNEY OR AGENT CV 20 CV-0000021-2014 STEVEN L —&-ASSOCIATES LT 20 - - - - - - - _ .-- This block will be signed ONLY when this notation is require under Pa. If appellant was Claimant (see Pa. R.C.P.J.P. R.C.P.J.P. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as No. 1001(6) in action before District Justice, he a SUPERSEDEAS to the judgment for possession in this case. MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONL Y when appellant was DEFENDANT(see Pa. R.C.P.J.P. 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 Victor D. Notarianni appellee(s), to file a complaint in this appeal Name of appellees) — (Common Pleas No. �'f c�OT� OjA Ierb")) within twenty (20) days after service of rule or suffer entry of judgment of non pros. STEVEN L. SUGARMAN & ASSOCIATES of appe nt or,hls at y nr Victor D. Notarianni Steven L. igarman, squire 3 4 3 RULE: To , appellee(s) Name of appellees) (11 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 WILL BE ENTERED AGAINST YOU. (3) The date'of service of this rule if service was by mail is the date of mailing. (a4 Date: MSW 201. -d A^ow0% A bat, of Prothono r Deputy fI"Ai�i%i` AOPC 312-84 COURT FILE TO BE FILED WITH PROTHONOTARY COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil. COUNTY OF CUMBERLAND - Case Mag.Dili.No: MDJ-09-3-05 Victor t).Notarianni MDJ Name: Honorable Mark Martin V, kdress: 507 North York Street S Lngu:ifd I & iT Condominium Association Mechanlestaurg,PA 17065 Telephone: 717-766-4575 Joseph Curren Docket hio: M;1-03305-CV-400002.1:-2014 C/O Sungui)d l&li Condominitlrrt Association Case Fi€e& 2-M4 4'14 1000 North Prince Street Lancaster, PA 17603. Disposition:Summary (cc—C-ss06hiataint) opcket:No pjainfiff t2efen t Distsosition Pilsbmttoh.Date. M09305-CV-0000Mf-2014 V€e`u?,D:.Notarianni Sunguild 11.11•:00ndomiin-sum Judgrhentfor Plairttiff 0411812Q14! Association j'tlC�r�fTlettt$UmlR1S� Particloant JdslatMeirer Wahit%tf Individual Liabjjft Ammul Sunguiid I&It Condgminium Associatian $0100 $5,939:05 $5:939.0s Victor fl,Notarianni SU.00 $0:00 Judgment Finding {•Postdudgmaott In.the matter of Victor D. Notarlanni us: 5ung.tlfld t&'li C©ndomWum Association on IVIJ-09305 G `-GOt10Q27-2044:rn,4f7.8094 tt judgment was ayrarded as fa(6w& Judg-m-entComno<~ent jointtSe-y' r l�bft Individual Liabil ty Dectosit Applied Amu Civil Judgment $0. $5,758.85 $5;756:85 Filinrl Fees moo $18D:2G $18020 Grand Totew $5;9wus ANY PARTY.HAS THE RIGHT TC+:J PPEAL WITHIN 30 DAYS AFTER THE:ENTR'9 OF JUJ)GMENT BY.FILINGA NOTICE OF APPEAL."Tff TPtE.PROTHONQTARYICLERK OF COt.IRT OF COMMON PLEAS, CIVIL DfVISIDK- YOU MUST INCLUDE A COPY OF THIS NoTIee OP JUDGMENTrrAANsCR1PT FORM WN I`H YOUR NOTICE OF APPEAL, EXCEPT Aa OTHERWISE PRQV1REr}tJ E THE RULES OF CIVIL PROGEDURE.Ft`R t AG1STERIAL C}ISTRICT JUDGES,IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS; ALL FURTHER FriOLE85 M.t357 COME.PROM 7lJE COURT-OF COMMON PLEAS.AND NO FUR HER PROCESS MAY BE ISSUED.BY THEIMAGISTERIALDISTRICTJUDGE, UNLESS.THE JUDGMENT IS ENTERED,IN THE COURT OF CfIN[&liJAl`.KEAS..ANYONE INTERESTED IN THE JUDGMENT MAY:FILE A REQ4mTfok ENTRY OF SATISFACTION WtTf4TH5-m AoISTF..RIAL DISTRICT Jt DGE IFTHE.JUDGMEW DEBTOR.PAYS IN FULL„SETTLES,: OR pTHERWISE CO'MPUES WITH THE.J1 DGMENT. r kms. _qe\`: . Hate Magisterial DistrictJtWgeM rkMartin certify that this isa true an,,c5(M tCopy Bf f6e rec-o-r'd Bf the Proceedings c ming t .lu gmea,. Date Magisterial Diatrict Judge RRDJS315 Page 102 Printed:0412'112014 9:14;52AM Victor D,Notariarini [locket No.: mi-09306-CV-0000021,z 0�4 V Sun_guild i&il.Undorninium Association Participant List �tairtYiff(s.,) Victor 0.Notarlann! 1476-4 Lancaster Blvd: Mechanicsburg,:PA f7055 Defendant(s) Surtgaitd,.I&:fi Condominium Association 1400.N..Prince'St€eat Lancaster,PA 17863 Authorized Agent-Defendangs). Joseph Currerf CIO Suir9WI .&It C06d, 6rtfinlurh Association 1000.North.PrInm Street Lancaster,PA 17603 f92tCl lS 2.1 S _ Page 2 ot'Z — Printed:04121/2014. 9;14.52MVI °ter THF PRO 1�11�' AY PEJQ)iCl COUNT y STEVEN L. SUGARMAN &ASSOCIATES VAN1q BY:Steven L.Sugarman,Esquire IDENTIFICATION NO. 32473 1273 LANCASTER AVENUE ATTORNEYS FOR Defendant/Appellant, Sunguild I&II Condominium BERWYN, PA 19312-1244 Association (610)889-0700 FAX:(610)993-0498 Cumberland County VICTOR D. NOTARIANNI Court of Common Pleas 1076-4 Lancaster Blvd. Civil Division Mechanicsburg, PA 17055 V. SUNGUILD I & II CONDOMINUIUM ASSOCIATION 1000 North Prince Street Lancaster, PA 17603 No. 1 ENTRY OF APPEARANCE To the Prothonotary: Kindly enter our appearance on behalf of the Defendant/Appellant, Sunguild I & II Condominium Association, in the above captioned matter. STEVEN L. SUGARMAN & ASSOCIATES 'By: Steven L. Sugarman, Esquire Attorney for Defendant/Appellant, Sunguild I & II Condominium Association COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Cumerlan�! County JUDICIAL DISTRICT NOTICE OF APPEAL ECEIVED MAY 12 2014 FROM DISTRICT -JUSTICE JUDGMENT COMMON PLEAS No. 111..,. 4845 a NOTICE OF APPEAL. Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice ' on the date and in the case mentioned below. NAME OF APPELLANT Sunguild I & II Oondomini rn. Association MAG. DIST. NO. OR NAME OF O.J. MAD -T -09-3-05f on.Mark Martin ADDRESS OF APPELLANT c% 1000 North Prince S reet DATE OF JUDGMENT IN TME ASE OF (Pla.,,lll jictor D. Notarianni 4/18/2014 CITY Lancaster STATE PA ZIP CODE 17603 Sunguild I & II Condolrlinitrn. Assoc. vs. CLAIM NO. CV 20 Ci1-0000021-2014 LT 20 SIGNATURE OF APPELLANT OR MIS ATTORNEY OR AGENT STEVEN ._ . SOCIATES This block will be signed ONLY when this notation is require • under Pa. R.C.P.J.P. No. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. Signature of Prothonotary or Deputy If appellant was Claimant (see Pa. R.C.P.J.P. No. 1001(6) in action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (Th,:. section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before District Justice. IF N''QT�USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary Enter rule upon Victor D. Notarianni f)NNameofappellee(s) (Common Pleas No. 1 ,;181.15 lVlr tGrrn) within twenty (20) days after service of rule or suffer entry of judgment of non pros. STEVEN L, SUGARMAN & ASSOCIATES , appellee(s), to file a complaint in this appeal RULE: To Victor D. Notarianni Name of appellees) , appellee(s) Si nature of appellant or,his at ney nt Steven L. Sia.gaz nan, Esquire #332473 (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 WILL BE ENTERED AGAINST YOU. (3) The date of service of thisruleif service was by mail Date: Mats q 204. AOPC 312-84 s the date of mailing. COURT FILE ature of Prothono, r Deputy C3 0" D- 3500 00❑3 a U.S. Postal Service,. CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at vnnv,usps.cfiome, Hone qut'"sftua �_:QJt"ES Retum Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) MAY 132014 JI,PLF3FROMZIP CODE 19312 ,'115 Postmark Here -10 Total Postage & Fees $ 4,.6 1 Sent To The Honorabl��Mlark Martin sfeet,Ap wister-ia-1--D-i trio --Cot r -t49--3-05 or PO Box No. 507 North. York Street City, State, ZIP+4 Mechanicsburg, PA 17055 PS Form 3800, August 2006 See Reverse for Instructions U.S. Postal ServiceTM CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance voverage Provided) For delivery information visit out websiie at www.usps.cormi, o ,a 1 • to v._ 'ri�F. '1• ' • 0p MAY 13 2014 =' .t3)f:�D FRO ZIP CODE 19312 c7�J Postmark Retum Receipt Fee Here (Endorsement Required) Restricted Delivery Fee (Endorsement Required) 0'. -v .a_, Total Postage & Fees MUNI enrr• o Mr. Victor D. Notarianni Sreet Apt. No.; .or PO Box No. 1076-4 Lenca ter Boulevard City, State, ZIP+4 Mechanicsburg,,PA 17055 PS Form 3800, August 2006 See Reverse for Instructions 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 the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF Chester AFFIDAVIT: I hereby swear or affirm that I served ' SS XX a copy of the Notice of Appeal, Common Pleas No.14-2845 , upon the District Justice designated therein on (date of service) 05/13/2014 . 20___. Li by personal service XX by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (Warne)__V ctOr_D—No.tarianni_.-... __...___... - _ . on _0.5/3/201420 f_) by personal service by (certified) (registered) mail, sender's receipt attached hereto. iXX and 'further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon t:he appellee(s) to whom the Rule was addressee! on 05/13/2014 . -1 by personal service 1)0 by (certified)(registered) ' mail, sender's receipt attached hereto. STEVEN L. SUGARMAN & ASSOCIATES SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME TfS� 13th _.AY OF Ma. % 20 14 41111 Signature N I before who, affidavit was made Public Title of official 44440 My commission i r -n O.F PENNSYLVAN Notarial Seal Mary Jane M. •Rosenberry, Notary Public TredyfMn Twp., Chester County My CommIsslOn Expires March 4, 2017 MEMBER, PENNSYLVANIA ASSOCIATION Of NOTARIES Signature of affiant Steven L. Sugarman, Esquire Attorney for Appellant c rnczi Cr)� //,I 4-10 ZO = - t --- < CO SMIGEL, ANDERSON & SACKS, LLP River Chase Office Center 4431 North Front Street, 3rd Floor Harrisburg, PA 17110 -1778 (717) 234 -2401 VICTOR D. NOTARIANNI, Plaintiff, v. SUNGUILD I & II CONDOMINIUM ASSOCIATION Defendant. a i } t PRO UR MAY 29AM8: >; CUMBERLAND COUNTY PENNSYLVANIA David W. Park, Esquire I.D. No.315905 Attorney for Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. CV -14 -2845 : CIVIL ACTION — LAW : CUMPULSORY ARBITRATION PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY OF SAID COURT: Enter my appearance on behalf of Victor D. Notarianni, Plaintiff in the above - captioned matter. Papers may be served at the address set forth below Date: May 29, 2014 David D. Buell, Prothonotary 20 David W. Park, Esq. — ID #91715 Pennsylvania ID No. 315905 Smigel, Anderson & Sacks, LLP 4431 North Front Street, 3t( Floor Harrisburg, PA 17110 (717) 234 -2401 (717) 234 - 3611 *Fax Attorney for Plaintiff VICTOR D. NOTARIANNI, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA v. SUNGUILD I & II CONDOMINIUM ASSOCIATION : DOCKET NO. CV -14 -2845 : CIVIL ACTION — LAW Defendant. : CUMPULSORY ARBITRATION CERTIFICATE OF SERVICE I, David W. Park, certify that I this day served a copy of the foregoing Praecipe upon the person(s) indicated below by depositing a copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, and addressed as follows: Steven L. Sugarman, Esquire Steven L. Sugarman & Associates 1273 Lancaster Avenue Berwyn, Pennsylvania 19312 -1244 SMIGEL, ANDERSON & SACKS, LLP Date: May 29, 2014 By: ‘• , ". David W. Park, Esq. — ID #315905 4431 North Front Street, 3rd Floor Harrisburg, PA 17110 (717) 234 -2401 Attorney for Plaintiff �c.4'or 0 N0ki1avtc1�� 't d L 9"7C- A550u2 -1'27 COA.domiteu kirA Cum C©v".vt4%- PI re. c.-3‘ f pmck_.ek vea). Cv - l4/ Z8 YS"--- Cv; - L..- , ;/ 10,'er°1Ci 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 AN 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 ARTY 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 THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 y C? C SMIGEL, ANDERSON & SACKS, LLP River Chase Office Center 4431 North Front Street, 3rd Floor Harrisburg, PA 17110-1778 (717) 234-2401 David W. Park, Esquire I.D. No.315905 Attorney for Plaintiff VICTOR D. NOTARIANNI, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA v. SUNGUILD I & II CONDOMINIUM ASSOCIATION : DOCKET NO. CV -14-2845 : CIVIL ACTION — LAW Defendant. : CUMPULSORY ARBITRATION COMPLAINT AND NOW COMES, Plaintiff Victor D. Notarianni by and through his attorneys, Smigel, Anderson & Sacks, LLP, who files the following Complaint and, in support thereof, avers as follows: 1. Plaintiff Victor D. Notarianni is an adult individual currently residing at 1076, Unit 4 Lancaster Boulevard, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant Sunguild I & II Condominium Association is a Pennsylvania non- profit corporation whose business address with the Pennsylvania Department of State is listed as 1000 North Prince Street, Lancaster, Lancaster County, Pennsylvania 17603. 3. Pursuant to the Public Offering Statement of Sunguild Condominium dated June 24, 1986, (the "Public Offering Statement"), Sunguild Condominium is a condominium development in Upper Allen Township, Mechanicsburg, Cumberland County, Pennsylvania. A true and correct cope of the Public Offering Statement is attached as Exhibit A. 4. Defendant is the condominium association for Sunguild Condominium. 5. Plaintiff owns and resides in a condominium unit located at 1076, Unit 4 Lancaster Boulevard, Mechanicsburg, Cumberland County, Pennsylvania 17055 (the "Unit"). 6. The Unit is located within Sunguild Condominium. 7. Plaintiff purchased the Unit in May of 2000. 8. When Plaintiff purchased the Unit, the Unit had eight (8) skylights in the roof. 9. When Plaintiff purchased the Unit, all eight (8) skylights had blinds. 10. When Plaintiff purchased the Unit, three (3) of the eight (8) skylights could be opened. 11. In or around June of 2012, Defendant notified Plaintiff that Defendant would be replacing the skylights. 12. At some point in June of 2012, an employee, agent, or other representative of Old Glory, a contracting company, approached Plaintiff at the Unit. 13. The employee, agent, or other representative of Old Glory informed Plaintiff that he would be replacing the Unit's eight (8) skylights at the direction of Defendant. 14. The employee, agent, or other representative of Old Glory informed Plaintiff that he would be replacing the skylights in several other condominium units in Sunguild Condominium. 15. Plaintiff inspected the replacement skylights prior to their installation and informed the employee, agent, or other representative of Old Glory that the replacement skylights were inferior to the Unit's then -present skylights. 16. Plaintiff explained to the employee, agent, or other representative of Old Glory that the replacement skylights were inferior because none of the skylights could be opened, and none of the skylights had blinds. 17. Plaintiff instructed the employee, agent, or other representative of Old Glory not to install the inferior replacement skylights. 2 18. Plaintiff advised the employee, agent, or other representative of Old Glory that he wanted the Unit's skylights to be replaced with skylights substantially similar to the then -present skylights. 19. The employee, agent, or other representative of Old Glory advised Plaintiff that Defendant would not cover the cost to upgrade the replacement skylights, but that Plaintiff could contact Defendant to arrange to have upgraded replacement skylights installed so long as Plaintiff agreed to bear any increase in costs. 20. Following Plaintiff's conversation with the employee, agent, or other representative of Old Glory, Plaintiff left for work. 21. When Plaintiff returned to the Unit after work, the inferior replacement skylights had been installed. 22. Since the installation of the inferior skylights, Plaintiff has requested that Defendant install or bear the expense of installing skylights substantially simialr to the skylights that were installed when Plaintiff purchased the Unit. 23. Defendant has refused to install or bear the expense of installing skylights substantially similat to the skylights that were installed when Plaintiff purchased the Unit. COUNT I BREACH OF CONTRACT 24. Each preceding paragraph is incorporated herein as if set forth fully below. 25. The Sunguild Condominium Code of Regulations (the "Code of Regulations") governs the duties and obligations of Defendant and its elected Council, as the condominium association, to Plaintiff and his fellow condominium unit owners. A true and correct copy of the Code of Regulations is attached as Exhibit B. 3 26. Section VI, Sub -Section 2 of the Code of Regulations reads, in pertinent part, as follows: All maintenance, repairs, and replacements to the Common Elements and Limited Common Elements (except where such duty is specifically imposed upon a Unit Owner), whether located inside or outside of the units (unless necessitated by the negligence, misuse or neglect of a Unit Owner, in which case such expense shall be charged to such Unit Owner) shall be made by the Council and be charged to all Unit Owners as a Common Expense... 27. A true and correct copy of Sunguild Condominium's Declarations (the "Declarations") is within the Public Offering Statement, which is attached as Exhibit A. 28. Article V of the Declarations reads as follows: The Common Elements and Limited Common Elements consists of all those portions of the Property more particularly defined in Article II, Subsections (5) and (6) and as delineated in the Declaration Plan. 29. Article II, Subsections (5) of the Declarations defines Common Element as, inter alia, " (ii) the foundations, structural parts, supports, walls, roofs, storage rooms, furnaces." 30. The Declaration Plan defines the confines of a condominium unit as follows: The exterior boundary lines of each unit are the interior unfinished surfaces of the ceiling or roof, floors, perimeter walls of access stairways and entry ways and interior load bearing walls and beams, windows and doors thereof, projected if necessary, by reason of structural divisions such as interior walls, floors, ceilings, and other partitions, as may be necessary to form a complete enclosure of space with respect to such unit (the layout and dimensions of each unit being shown on the plan) and including, without limitations, all space occupied by any Common Elements located within pipes appurtenant to such unit, together with the decorated surfaces, tile and other finishing material applied to interior walls, doors, floors and ceiling and interior surfaces of perimeter walls, window, doors, floors and ceilings. 31. Section XIV, Sub -Section 2 of the Code of Regulations provides, inter alia, the standard to which Defendant must repair damage property. 4 32. Section XIV, Sub -Section 2 of the Code of Regulations regarding the standard to which Defendant must repair damage property states, in pertinent part, that "The Council shall be responsible for restoring the Property only to substantially the same condition as it was immediately prior to the damage." 33. "Substantially the same condition as it was immediately prior to the damage" means that the damaged property must be returned as closely as possible to the condition it was in immediately prior to the damage. See Burton v. Republic Ins. Co., 2004 PA Super 67 at ¶20, 845 A.2d 889 at 896 (interpreting "like construction"). 34. Prior to purchasing the Unit, the Declarations and Code of Regulations were held out to Plaintiff as binding documents which would govern his rights as a unit owner in Sunguild Condominium as well as the duties, obligations, and responsibility of Defendant to Plaintiff, in the event that he purchased a condominium unit in Sunguild Condominium. 35. As the owner of the Unit, Plaintiff is a unit owner in Sunguild Condominium. 36. The Unit's skylights are located on geometric plane with the roof. 37. The Unit's skylights are not within the "interior unfinished surfaces of the ceiling or roof, floors, perimeter walls of access stairways and entry ways and interior load bearing walls and beams, windows and doors thereof, projected if necessary." 38. The Unit's skylights are not within confines outlined by the exterior boundary of a condominium unit as defined in the Declarations. 39. Pursuant to the Declarations, the Unit's skylights are Common Elements. 40. Because the Unit's Skylights are Common Elements, Defendant had the obligation to repair or replace the skylights. 5 41. Pursuant to the Codes of Regulations, Defendant had a duty to restore the skylights as close as possible to their condition prior to the damage. 42. Three (3) of the original skylights could be opened. 43. None of the replacement skylights can be opened. 44. All eight (8) of the original skylights had blinds. 45. None of the replacement skylights have blinds. 46. All of the replacement skylights are inferior to the original skylights. 47. None of the replacement skylights are as close as possible in condition to the original skylights. 48. All of the replacement skylights are installed incorrectly. 49. Defendant breached its contract with Plaintiff by failing to restore the skylights as close as possible to their original condition. 50. As a direct and proximate cause of Defendant's breach, Plaintiff's property was damaged to the extent that inferior skylights are in place, and the inability to shade or open his skylights has caused and will continue to cause Plaintiff to incur increased electrical bills to cool the Unit. WHEREFORE Plaintiff Victor D. Notarianni respectfully requests that this Honorable Court enter judgment against Defendant Sunguild I & II Condominium Association and award Plaintiff replacement' damages, reimbursement for increased electrical bills, costs and attorney's fees, as well as any other remedies this Honorable Court deems appropriate. 6 COUNT II TRESPESS TO PROPERTY (In the Alternative) 51. Each preceding paragraph is incorporated herein as if set forth fully below. 52. Plaintiff owns the Unit. 53. The Unit has eight (8) skylights. 54. The Unit's skylights are a part of the condominium unit. 55. Plaintiff has ownership and possession over the skylights. 56. Defendant, without Plaintiff's consent, replaced the Unit's eight (8) skylights. 57. Three (3) of the original skylights could be opened. 58. None of the replacement skylights can be opened. 59. All eight (8) of the original skylights had blinds. 60. None of the replacement skylights have blinds. 61. All of the replacement skylights are inferior to the original skylights. 62. All of the replacement skylights are installed incorrectly. 63. By installing inferior skylights in the Unit without Plaintiff's consent, Defendant committed a trespass to Plaintiff's property. 64. As a direct and proximate cause of Defendant's trespass Plaintiff's property was damaged to the extent that inferior skylights are in place, and the inability to shade or open his skylights has caused and will continue to cause Plaintiff to incur increased electrical bills to cool the Unit. 7 WHEREFORE Plaintiff Victor D. Notarianni respectfully requests that this Honorable Court enter judgment against Defendant Sunguild I & II Condominium Association and award Plaintiff replacement damages, reimbursement for increased electrical bills, costs and attorney's fees, as well as any other remedies this Honorable Court deems appropriate. Date: June 2, 2014 8 SMIGEL, ANDERSON & SACKS, L.L.P. By: David W. Park, Esq. — ID #315905 4431 North Front Street, 3rd Floor Harrisburg, PA 17110 (717) 234-2401 Attorney for Plaintiff VICTOR D. NOTARIANNI, Plaintiff, v. SUNGUILD I & II CONDOMINIUM ASSOCIATION : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. CV -14-2845 : CIVIL ACTION — LAW Defendant. : CUMPULSORY ARBITRATION VERIFICATION I, Victor D. Notarianni, verify that the statements contained in the foregoing Complaint are true and correct to the best of my knowledge, information and belief I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. section 4904, relating to unsworn falsification to authorities. Date: -3<^. 1 '.-10 /le Victor D. Notarianni, Plaintiff VICTOR D. NOTARIANNI, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA v. SUNGUILD I & II CONDOMINIUM ASSOCIATION : DOCKET NO. CV -14-2845 : CIVIL ACTION — LAW Defendant. : CUMPULSORY ARBITRATION CERTIFICATE OF SERVICE I, David W. Park, certify that I this day served a copy of the foregoing Complaint upon the person(s) indicated below by depositing a copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, and addressed as follows: Steven L. Sugarman, Esquire Steven L. Sugarman & Associates 1273 Lancaster Avenue Berwyn, Pennsylvania 19312-1244 SMIGEL, ANDERSON & SACKS, LLP Date: :June 2, 2014 By: APP Park, Esq. — ID #315905 4431 North Front Street, 3rd Floor Harrisburg, PA 17110 (717) 234-2401 Attorney for Plaintiff VICTOR D. NOTARIANNI IN THE COURT OF COMMON PLEAS Plaintiffs v. SUNGUILD I & II CONDOMINIUM ASSOCIATION Defendants CUMBERLAND CIVIL ACTION No.: 14-2845 COUNTY 2 `T356 cm � t z. �.. cn r d --o • i) PRAECIPE FOR WITHDRAWAL OF APPEARANCE Please withdraw the appearance of Steven L. Sugarman, Esquire of STEVEN L. SUGARMAN & ASSOCIATES, as attorney for the defendants in the above -captioned matter. Dated: /r Steven L. Sugarman, Esquire Identification No. 32473 STEVEN L. SUGARMAN & ASSOCIATES 1273 Lancaster Avenue Berwyn, Pennsylvania 19312-1244 (610) 889-0700 Attorney for Defendants PRAECIPE FOR ENTRY OF APPEARANCE Please enter the appearance of Jonathan S. Ziss Esquire, of GOLDBERG SEGALLA, LLP, as attorney for the defendants in the above -captioned matter. Dated: Co/ / Jon. S. Ziss, ` squir GORGSE$•L.A,LLP Identi ication No. 42.37 1700 Market Street, Suite 1418 Philadelphia, PA 19103 (267) 519-6820 Attorney for Defendants SMIGEL, ANDERSON & SACKS, LLP River Chase Office Center 4431 North Front Street, 3rd Floor Harrisburg, PA 17110-1778 (717) 234-2401 VICTOR D. NOTARIANNI, Plaintiff, v. SUNGUILD I & II CONDOMINIUM ASSOCIATION ''ILED-OFFICE (_ � p (� ^r uh r t�;" OF THE PRO 1 HQ� OIlii if 20I4 JUL 25 AM :9 03 CUMBERLAND COUNTY PENNSYLVANIA David W. Park, Esquire I.D. No.315905 Attorney for Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. CV -14-2845 : CIVIL ACTION — LAW Defendant. : CUMPULSORY ARBITRATION PLAINTIFF'S ANSWER TO NEW MATTER AND NOW COMES, Plaintiff Victor D. Notarianni by and through his attorneys, Smigel, Anderson & Sacks, LLP, who files the following Answer to Defendant's New Matter and, in support thereof, avers as follows: 65. Plaintiff incorporates herein by reference his Complaint as though fully set forth herein at length. 66. Defendant's statement is a conclusion of law to which no response is necessary. To the extent that a response is deemed necessary, the averments of this paragraph are denied. 67. Defendant's statement is a conclusion of law to which no response is necessary. To the extent that a response is deemed necessary, the averments of this paragraph are denied. 68. Defendant's statement is a conclusion of law to which no response is necessary. To the extent that a response is deemed necessary, the averments of this paragraph are denied. 69. Defendant's statement is a conclusion of law to which no response is necessary. To the extent that a response is deemed necessary, the averments of this paragraph are denied. 70. Defendant's statement is a conclusion of law to which no response is necessary. To the extent that a response is deemed necessary, the averments of this paragraph are denied. 71. Defendant's statement is a conclusion To the extent that a response is deemed necessary, the 72. Defendant's statement is a conclusion To the extent that a response is deemed necessary, the 73. Defendant's statement is a conclusion To the extent that a response is deemed necessary, the 74. Defendant's statement is a conclusion To the extent that a response is deemed necessary, the 75. Defendant's statement is a conclusion To the extent that a response is deemed necessary, the 76. Defendant's statement is a conclusion To the extent that a response is deemed necessary, the 77. Defendant's statement is a conclusion To the extent that a response is deemed necessary, the 78. Defendant's statement is a conclusion To the extent that a response is deemed necessary, the of law to which no response is necessary. averments of this paragraph are denied. of law to which no response is necessary. averments of this paragraph are denied. of law to which no response is necessary. averments of this paragraph are denied. of law to which no response is necessary. averments of this paragraph are denied. of law to which no response is necessary. averments of this paragraph are denied. of law to which no response is necessary. averments of this paragraph are denied. of law to which no response is necessary. averments of this paragraph are denied. of law to which no response is necessary. averments of this paragraph are denied. WHEREFORE, Plaintiff Victor respectfully request that judgment be entered in their favor. Date: July 25, 2014 2 SMIGEL, ANDERSON & SACKS, L.L.P. Q. By: �'. David W. Park, Esq. — ID #315905 4431 North Front Street, 3rd Floor Harrisburg, PA 17110 (717) 234-2401 Attorney for Plaintiff VICTOR D. NOTARIANNI, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA v. SUNGUILD I & II CONDOMINIUM ASSOCIATION : DOCKET NO. CV -14-2845 : CIVIL ACTION — LAW Defendant. : CUMPULSORY ARBITRATION CERTIFICATE OF SERVICE I, David W. Park, certify that I this day served a copy of the foregoing Complaint upon the person(s) indicated below by depositing a copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, and addressed as follows: Date: :July 25, 2014 JONATHAN S. ZISS, ESQUIRE GOLDBERG SEGALLA LLP 1700 MARKET STREET SUITE 1418 PHILADELPHIA, PA 19103 SMIGEL, ANDERSON & SACKS, LLP By: David W. Park, Esq. — ID #315905 4431 North Front Street, 3rd Floor Harrisburg, PA 17110 (717) 234-2401 Attorney for Plaintiff GOLDBERG SEGALLA LLP BY: JONATHAN S. ZISS, ESQUIRE ATTORNEY I.D. NO. 42437 1700 MARKET STREET SUITE 1418 PHILADELPHIA, PA 19103 T: 267.519.6820 F: 267.519.6801 jziss@goldbergsegalla.com VICTOR D. NOTARIANNI Plaintiffs v. SUNGUILD I & II CONDOMINIUM ASSOCIATION Defendants hF Attorneys for Defendant Sunguileikok] Condominium Association �.-� C2AC) i cP IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION No.: 14-2845 ANSWER WITH NEW MATTER OF DEFENDANT SUNGUILD I & II CONDOMINIUM ASSOCIATION TO PLAINTIFF'S COMPLAINT Defendant Sunguild I & II Condominium Association (hereinafter "Answering Defendant"), by and through its undersigned counsel, answers Plaintiffs Complaint and states as follows: 1. Denied. Answering Defendant lacks knowledge or information sufficient to admit or deny the allegations in this paragraph. 2. Admitted upon information and belief. (check with client to ensure address is correct) 3. Denied. This paragraph refers to a writing that speaks for itself. Any characterization thereof is denied. 4. Admitted. 5. Admitted upon information and belief. 6. Admitted. 2991 198.1 7. Denied. Answering Defendant lacks knowledge or information sufficient to admit or deny the allegations in this paragraph. 8. Admitted that the Unit had eight (8) skylights. To the extent that the reference in paragraph 8 to the "roof' is intended or could otherwise be construed to connote the status of a skylight as a particular type of condominium "element", such a conclusion is denied. 9. Denied. Answering Defendant lacks knowledge or information sufficient to admit or deny the allegations in this paragraph. 10. Denied. Answering Defendant lacks knowledge or information sufficient to admit or deny the allegations in this paragraph. 11. Admitted. 12. Denied. Answering Defendant lacks knowledge or information sufficient to admit or deny the allegations in this paragraph. 13. Denied. Answering Defendant lacks knowledge or information sufficient to admit or deny the allegations in this paragraph. 14. Denied. Answering Defendant lacks knowledge or information sufficient to admit or deny the allegations in this paragraph. 15. Denied. Answering Defendant lacks knowledge or information sufficient to admit or deny the allegations in this paragraph. 16. Denied. Answering Defendant lacks knowledge or information sufficient to admit or deny the allegations in this paragraph. 17. Denied. Answering Defendant lacks knowledge or information sufficient to admit or deny the allegations in this paragraph. 2 18. Denied. Answering Defendant lacks knowledge or information sufficient to admit or deny the allegations in this paragraph. 19. Denied. Answering Defendant lacks knowledge or information sufficient to admit or deny the allegations in this paragraph. 20. Denied. Answering Defendant lacks knowledge or information sufficient to admit or deny the allegations in this paragraph. 21. Denied. Answering Defendant lacks knowledge or information sufficient to admit or deny the allegations in this paragraph. 22. Denied. Answering Defendant lacks knowledge or information sufficient to admit or deny the allegations in this paragraph. 23. Denied. Answering Defendant lacks knowledge or information sufficient to admit or deny the allegations in this paragraph. To the extent that paragraph 23 states or implies a conclusion of law, no response is required. COUNT 1 BREACH OF CONTRACT 24. Answering Defendant incorporates the foregoing paragraphs as if the same were set forth herein at length. 25. Denied. This paragraph refers to a writing that speaks for itself. Any characterization thereof is denied. 26. Denied. This paragraph refers to a writing that speaks for itself. Any characterization thereof is denied. 27. Denied. This paragraph refers to a writing that speaks for itself. Any characterization thereof is denied. 3 28. Denied. This paragraph refers to a writing that speaks for itself. Any characterization thereof is denied. 29. Denied. This paragraph refers to a writing that speaks for itself. Any characterization thereof is denied. 30. Denied. This paragraph refers to a writing that speaks for itself. Any characterization thereof is denied. 31. Denied. This paragraph refers to a writing that speaks for itself. Any characterization thereof is denied. 32. Denied. This paragraph refers to a writing that speaks for itself. Any characterization thereof is denied. 33. Denied. This paragraph consists entirely of conclusions of law to which no further response is required. 34. Denied. This paragraph consists entirely of conclusions of law to which no further response is required. 35. Denied. This paragraph consists entirely of conclusions of law to which no further response is required. 36. Denied. Answering Defendant lacks knowledge or information sufficient to admit or deny the allegations in this paragraph. 37. Denied. This paragraph consists entirely of conclusions of law to which no further response is required. Moreover, this paragraph refers to a writing that speaks for itself. Any characterization thereof is denied. 4 38. Denied. This paragraph consists entirely of conclusions of law to which no further response is required. Moreover, this paragraph refers to a writing that speaks for itself. Any characterization thereof is denied. 39. Denied. This paragraph consists entirely of conclusions of law to which no further response is required. Moreover, this paragraph refers to a writing that speaks for itself. Any characterization thereof is denied. 40. Denied as a legal conclusion to which no response is required. 41. Denied. This paragraph consists entirely of conclusions of law to which no further response is required. Moreover, this paragraph refers to a writing that speaks for itself. Any characterization thereof is denied. 42. Denied. Answering Defendant lacks knowledge or information sufficient to admit or deny the allegations in this paragraph. 43. Denied. Answering Defendant lacks knowledge or information sufficient to admit or deny the allegations in this paragraph. 44. Denied. Answering Defendant lacks knowledge or information sufficient to admit or deny the allegations in this paragraph. 45. Denied. Answering Defendant lacks knowledge or information sufficient to admit or deny the allegations in this paragraph. 46. Denied. Answering Defendant specifically denies that the "replacement skylights" are inferior to the original skylights. 47. Denied.. Answering Defendant specifically denies that "none of the replacement skylights are as close as possible in condition to the original skylights." 5 48. Denied. Answering Defendant specifically dines that the "replacement skylights" are installed incorrectly. 49. Denied. This paragraph consists entirely of conclusions of law to which no further response is required. Moreover, this paragraph refers to a writing that speaks for itself. Any characterization thereof is denied. 50. Denied. This paragraph consists entirely of conclusions of law to which no further response is required. WHEREFORE, Answering Defendant demands judgment in its favor, and against Plaintiff, and such other relief as this Honorable Court deems just and proper. COUNT II TRESPASS TO PROPERTY (in the alternative) 51. Answering Defendant incorporates the foregoing paragraphs as if the same were set forth herein at length. 52. Denied. Answering Defendant lacks knowledge or information sufficient to admit or deny the allegations in this paragraph. 53. Denied. Answering Defendant lacks knowledge or information sufficient to admit or deny the allegations in this paragraph. 54. Denied. Answering Defendant lacks knowledge or information sufficient to admit or deny the allegations in this paragraph. 55. Denied. This paragraph consists entirely of conclusions of law to which no further response is required. 56. Denied. This paragraph consists entirely of conclusions of law to which no further response is required. 6 57. Denied. Answering Defendant lacks knowledge or information sufficient to admit or deny the allegations in this paragraph. 58. Denied. Answering Defendant lacks knowledge or information sufficient to admit or deny the allegations in this paragraph. 59. Denied. Answering Defendant lacks knowledge or information sufficient to admit or deny the allegations in this paragraph. 60. Denied. Answering Defendant lacks knowledge or information sufficient to admit or deny the allegations in this paragraph. 61. Denied. Answering Defendant specifically denies that the "replacement skylights" are inferior to the original skylights. 62. Denied. Answering Defendant specifically denies that the "replacement skylights" are installed incorrectly. 63. Denied. This paragraph consists entirely of conclusions of law to which no further response is required. 64. Denied. This paragraph consists entirely of conclusions of law to which no further response is required. WHEREFORE, Answering Defendant demands judgment in its favor, and against Plaintiff, and such other relief as this Honorable Court deems just and proper. NEW MATTER 65. Answering Defendant incorporates the foregoing paragraphs as if the same were set forth herein at length. 66. Plaintiff's Complaint or individual counts fail to state a claim upon which relief can be granted. 7 67. Plaintiff lacks standing to bring this action. 68. There was no conduct on the part of Answering Defendant which gives rise to any liability on its part under applicable law. 69. Answering Defendant did not breach any duty owed to Plaintiff in connection with the events alleged in Plaintiff's Complaint. 70. The alleged acts and/or omissions of Answering Defendant were not the legal cause of any damages or injuries allegedly sustained by Plaintiff. 71. Plaintiff has not .suffered any damages as a result of the events alleged in the Complaint. 72. Plaintiff caused or contributed to the damages alleged in the Complaint through his own acts and omissions. 73. Plaintiff failed to mitigate his damages, if any. 74. Plaintiff's claims are barred as a result of his contributory negligence, and/or his right to damages is barred or diminished as a result of his contributory negligence. 75. The acts or omissions of other individuals constituted intervening or superseding causes of the injuries and losses alleged. 76. The defenses of assumption of the risk and contributory negligence are raised and preserved pursuant to Pa.R.C.P. 1030(b). 77. Plaintiff's claims are barred, in whole or in part, by the gist of the action doctrine and/or the economic loss doctrine. 78. Plaintiff has failed to state a cause of action or assert any facts in support of his claim for attorneys' fees. WHEREFORE, Answering Defendant demands judgment in its favor, and against 8 Plaintiff, and such other relief as this Honorable Court deems just and proper. Respectfully submitted, GOLDBERG SEGALLA, CM. JOI AN . ZISS, ESQUIRE JES 'A L. WUEBKER, ESQUIRE 1700 Market Street, Suite 1418 Philadelphia, PA 19103 267-519-6800 Dated: July 24, 2014 Attorneys for Defendant Sunguild I & II Condominium Association 9 , VERIFICATION I, Jay Curreri, President of Sunguild I & II Condominium Association, am authorized to make this verification on behalf of Defendant Sunguild I & II Condominium Association. I. hereby verify that the averments set forth in the foregoing Answer of Defendant to Plaintiff's Complaint are true and correct to the best of my knowledge, information., and belief. I understand that the statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. Dated: / 2 O /9 2991.198.1. SUNGUILD 1 & II CONDOMINIUM ASSOCIATION r] ungu Id I & II Condominium Association President SMIGEL, ANDERSON & SACKS, LLP River Chase Office Center 4431 North Front Street, 3rd Floor Harrisburg, PA 17110-1778 (717) 234-2401 VICTOR D. NOTARIANNI, Plaintiff, P 20 5 Jr,t' -9 t`{t1 8: 44 CUMBERLAND COUNTY PENNSYLVANIA v. SUNGUILD I & II CONDOMINIUM ASSOCIATION David W. Park, Esquire I.D. No.315905 Attorney for Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. CV -14-2845 : CIVIL ACTION — LAW Defendant. : CUMPULSORY ARBITRATION PLAINTIFF'S ADMINISTRATIVE MOTION FOR A STATUS CONFERENCE AND NOW COMES Plaintiff Victor D. Notarianni ("Plainitff'), by and through his attorneys, Smigel, Anderson & Sacks, LLP, and presents this Administrative Motion for a Status Conference pursuant to Pennsylvania Rule of Civil Procedure 212.3(2) and avers in support as follows: 1. This action was commenced when Plaintiff filed his Complaint against the Defendant Sunguild I & II Condominium Association ("Defendant") on or about June 2, 2014. 2. The Honorable Mark Martin previously entered judgment in favor of the Plaintiff in the Magisterial District Court, but no Common Pleas Judge has previously ruled upon any issue in this matter. 3. Plaintiff's requested damages amount to less than the limit for compulsory arbitration under the Local Rules. 4. Plaintiff's Complaint sounds in Breach of Contract and Trespass to Property (in the alternative), 5. Plaintiff's claims involve the condominium he owns, which is located at 1076, Unit 4 Lancaster Boulevard, Mechanicsburg, Cumberland County, Pennsylvania 17055 (the "Unit"). 6. More specifically, Plaintiff's claims stem from Defendant causing the skylights in the Unit to be replaced with inferior skylights. 7. Regarding the Breach of Contract Count of the Complaint, the parties dispute, inter alia, whether Defendant was obligated to install or caused to be installed, a certain caliber of skylight in the Unit and whether the skylights installed were inferior to the prior skylights. 8. Regarding the alternatively pled Trespass to Property Count of the Complaint, the parties dispute, inter alia, whether Defendant improperly installed a lower caliber of skylight without Plaintiff's permission and whether the skylights installed were inferior to the prior skylights. 9. On or about July 31, 2014, Plaintiff received discovery requests from Defendant. 10. Defendant's discovery requests included thirty-two (32) requests for production of documents as well as fifty-one (51) numbered interrogatories which arguably amounted to in excess of seventy (70) interrogatories when one accounts for subparts in accordance with Local Rule 4005-1. 11. On or about September 29, 2014, Plaintiff answered all of Defendant's discovery requests. 12. On or about September 16, 2014, Plaintiff issued discovery requests upon Defendant. 13. Plaintiff issued twenty-five (25) interrogatives and thirty-two requests for production of documents. 14. Defendant has not yet answered Plaintiff's requests for documents. 15. On or about October 17, 2014 Plaintiff's counsel sent an email correspondence to Defendant's counsel to request that all discovery be answered within ten (10) days, or that a reason be given for the delay. 16. On or about October 28, 2014, Defendant sent a letter indicating that discovery was "nearly finalized", but requested Plaintiff define "inferiority", "improper installation", "permission", and "superior". 17. Sometime in early November, 2014, Plaintiff's counsel contacted Defendant's counsel to request an update and better understanding of the need for definitions. At this time, it was expressed to Plaintiff's counsel that Defendant would like to engage in settlement negotiations rather than formal discovery. 18. Operating under this understanding, Plaintiff arranged for a contractor's estimate to be drafted regarding the skylights to be replaced, and sent a demand for settlement along with said estimate on November 20, 2014. 19. Defendant has offered no response to Plaintiff's demand. 20. Plaintiff is now requesting a Status Conference for the purposes of establishing a case management schedule. 21. Plaintiff believes that a status conference is necessary to facilitate progress in this case. 22. Plaintiff's counsel sought the concurrence of opposing counsel via phone on January 7, 2015, but Plaintiff did not reach opposing counsel. 23. Plaintiff shared this Motion with opposing counsel via email on January 8, 2014, and indicated that the Motion would be filed on January 9, 2014, and , having received not response, it is assumed that the Defendant does not concur. WHEREFORE, Plaintiff respectfully request that this Honorable Court schedule a status conference. Date: January 8, 2015 Respectfully submitted, SMIGEL, ANDERSON & SACKS, L.L.P. By: David W. Park, Esq. — ID #315905 4431 North Front Street, 3rd Floor Harrisburg, PA 17110 (717) 234-2401 Attorney for Plaintiff CERTIFICATE OF SERVICE I, David W. Park, Esquire, hereby certify that a true and correct copy of the foregoing Administrative Motion for a Status Conference was served upon the following as addressed below by depositing the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania on this © day of January, 2015: JONATHAN S. ZISS, ESQUIRE GOLDBERG SEGALLA LLP 1700 MARKET STREET SUITE 1418 PHILADELPHIA, PA 19103 SMIGEL, ANDERSON & SACKS, LLP By: David W. Park, Esq. — ID #315905 4431 North Front Street, 3rd Floor Harrisburg, PA 17110 (717) 234-2401 Attorney for Plaintiff VICTOR D. NOTARIANNI, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA v. SUNGUILD I & II CONDOMINIUM ASSOCIATION : DOCKET NO. CV -14-2845 : CIVIL ACTION — LAW Defendant. : CUMPULSORY ARBITRATION ORDER A status conference will be held in this matter pursuant to Pennsylvania Rule of Civil Procedure 212.3(a)(2) atc: 30 AM/Per on 1%.. 6 . ao Distribution: David W. Park, Esquire, Smigel, Anderson & Sacks, LLP, 4431 North Front Street, Harrisburg, PA 17110 (Attorney for Plaintiff) Jonathan S. Ziss, Esquire, Goldberg Segalla, LLP, 1700 Market Street, Suite 1418, Philadelphia, PA 19103 (Attorney for Defendant) 14eg fr2-a 1 lit C-3 / /4l/SCS' m fir � 0 r C7 �2: C? Y rri CJI rn CD —0 f r: