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Home My WebLink About05-2749 COMMONWEALTH OF PENNSYLVANIA NOTICE OF APPEAL COURT OF COMMON PLEAS FROM DISTRICT JUSTICE JUDGMENT JUDICIAL DISTRICT cmiBERLAND COUt,TY COMMON PLEAS No. Oj~0i Cj ~ ~ NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appealtrom the judgment rendered by the Dis- trict Justice on the date and in the case mentioned below. NAME OF APPELLANT MAG. 018T. NO. OR NAME OF D.J. 09-3-04 vVILLIAt.; GOETZ ADDRESS OF APPELLANT 375 ST. JOHN'S DRIVE CITY MECHANICSBURG STATE PA ZIP CODE 17050 DATE OF JUDGMENT 4/25/05 IN THE CASE OF (PLAINTIFF) AQUA SPECIALISTS, INC. (DEFENDANT) WILLIAM GOETZ CV YEAR ('.\1 0000(;'1(; 04 vs. SIGNATURE OF APPELLANT OR HIS ATTORNEY OR AGENT Jd~ t:. J0 CLAIM NO. LT YEAR This block will be signed ONLY when this notation is required under PA. R.C.P.J.P. NO.1 0088. This notice of Appeal, when received by the District Justice, will operate as A SUPERSEDEAS to the Judgment for possession in this case. If appellant was Claimant (see PA R.C.P.J.P. No. 1001(6)) in action betore district Justice. he MUST FILE A COMPLAINT within twenty (20) days alter filing his NOTICE 01 APPEAL. ::';/fJnature 0/ t'rornon0l8ry or uepury 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.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 AOUA SPECIALISTS , INC. Name of appeflee(s) . appellee(s), to tile a complaint in this appeal (Common Pleas No. (J5-..~7-11 ) within twenty (20) days after service :Z,e or sufter entry ot jUdg~n pros. ~~- ~ "SIgnature of appellant or his attorney or agent RULE: To l\Ql1A SP,,('.TAT.TSTS, TNC. Name of appeflee(s) . appellee(s) (1) You are notified thaI a rule is hereby entered upon you to file a complaint in this appeal within twenty(20) days after the date ot 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 UPON PRAECIPE. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: 5- /~.)- I --- , Year <0::> White Green Yellow Pink Gold Prothonotary Copy Court File Copy Appelanl's Copy Appellee Copy D. J. Copy Proth. - 76 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) a copy of the Notice of Appeal, Common Pleas No. , upon the District Justice designated therein on (date of service) , year , D by personal service Dby (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name , on , year , 0 by personal service D by (certified) (registered) mail, sender's receipt attached hereto. COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; 55 AFFIDAVIT: I hereby swear or affirm that I served D D and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on , year , 0 by personal service Dby (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF ,YEAR c) S~ture of Affiant =:; ~; crt Signature of official before whom affidavit was made .,~ 1'\ -~~ ~ , 6-.' ~ ~~ .~ v~ ~ ,.C'. "K >...l }./ !... . 1r"- (.,., -- ~ ~.~ , ~t r-~ ~ Titfeofofficial My commission expires on , year }' l' -< .-1 (-h~' , \~' N U, =f' l'oJ ;:-) . rOC! ~_..) -,-~ :':q rn \!J J ,-". :$. 1 \- ::::> G } . ? COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUllBBRLARD NOTICE OF JUDGMENTITRANSCRIPT CIVIL CASE PLAINTIFF NAME <lr1{f AO[)HF~S ~QUA ~PECIALISTS, INC. P.O. 1);}Y. 123 160 S~LVKR SPRING ROAD ~CBANICSBURG, PA 17050 VS. DEFENDAr" I . NAMF af1,1I\Oi'Jms~. IgoBTZ, ''lILLIAM 375 ST. JOHN'S DR. CAMP HILL, PA 17011 L .J Mag. [)Jst No -1 09-3-04 MDJ Namp. Hon THOMAS A. PLACBl: Ad",,, 104 S SPORTING BILL RD HECBARICSBURG, F~ .J T",,,hoo, (717) 761-8230 17050 ., WILLIAM GOBTZ 375 ST. JOHN'S DR. CAMP BILL, PA 17011 Docketll(.: CV-0000656-04 Date Filed: 10/21/04 THIS IS TO NOTIFY YOU THAT: Judgment: [i] Judgment was entered for: DEFAUL?'JODGV~~7PL?F (Name) lIQJTlI RP.I"'TlIT.HITl't, Till"' [i] Judgment was entered against: (Name) GOET7., WTT.T.TlIlI in the amount of $ (Date o(~(dgmenl) 4/20;/0"' . . .2,425 30 on: D Defendants are jointly and severally liable. D Damages will be assessed Oil: D This case dismissed without prejudice. (i);,:.J & Time) rj':'lOunt 01 Judgment .l.,;dgment Costs ';11erest on Judgmenl flllorney Fees rutal $~J04.30 $_. 121. 00 $-_.. --....,.,Jl,Q $_. .00 $-.b425.30 D Amount of Judgment Subject to AllachmenV42 Pa.C.S. (18127 $ Post Judgment Credits Pvst Judgment Costs $---- $ , o Portion ot Judgment for physical damages arising out of residential' lease $ ------------ ------------ Certified Judgment Total $ ANY PARTY HAS THE RtGHTTO APPEAL WITHIN 30 DAYS AFTER THE ENTRY or JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLLAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITII YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED III fHE RULES OF CIVIL PROCEDURE FOR I':AGISTERIAL DISTRICT JUDGES, IF HIE JUDGEMENT HOLDER ELECTS TO ENTEn THE JUDGMENT IN THE COURT OF COMr.:~'N PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MA Y LE iSSUED BY THE MAGISTERIAL DIS.tI1lCT JUDGE, UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYvi.~ INTERESTED IN THE JUDGMENT MA Y FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUlG~ IF THE JUDGMENT DEBTOR PA YS IN FULL. SETTLES, OR OTHERWISE COMPLIES WI rH THE JUDGMENT. " I j. j _ .~ Magisterial District Judge) Date I certify that this is a true a 'I ),. Dale d c~rl_"ct.copyofthe rc~r~_~~t~-=:~ oceedinys containing the judgmenl. ,,/-.. , Magisterial District Judge Mv commission exnires first Mondav of Januarv. 2010 SEAL . :,/. - \ Q \ ~~ ~ ~ \. <= ffi:n :z: r- I -om co,? ~o ~'" -0 o:n :It :2: (") .r:- Om 'b! N :n -< '. ,~;,:2 ='1 -, PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER tiling fhe notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF OAUPHIN AFFIDAVIT: I hereby swear or afiirm that I served ; 5S [!] a copy of the Notice of Appeal, Common Pleas No. 05-2749 , upon the District Justice designated theIein on (date at service) May 27, ,year 2005 ,Obypersonalservice IIlby(certified)(~mall,"_, receipt attached hereto. and upon the appellee, (name AQua Speci a 1 ists ~ Inc. . on May 27, ,year 2005 ,0 by personal service [I by (certified) ll:e!l-) mail, sender's receipt attached hereto. [1J and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appel/ee(s) to whom the Rule was addressed on May 27, , year 2005 ,0 by personal service [!Jby (certified) (1O!gilM'" mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME I TH:S ~7 ~ DAY OF !}LL-O ' YEAR ;;..'t',~- L-J.l<~~" ( ':- !'f {I "'-'j,)),,;.)... J rt" '\:J, "': ~ .-\JVJI\ ')"l.-~.62- SignBtuteolAftiant ~-<-/ Signawre of official before affidiivit was made M-...&df-- ;?~ J--L,/ TltfeofoffiCiaf J ' My commission expires on , year \ NOTARIAL SEAL . . GERALDINE J. SCRBACIC, Notary I'ubhc . City of Harrisburg, Dauphin County i My C~rnm!~sion Expires Nov, 20, 2006 '~tN'ii,,:...~..:~fI. :::,. 1t1 n' PENNSYLVANIA l'\'I-lE~L cOt/lt/lO VRT OF COMMON PLEAS NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT JUDICIAL DISTRICT CUi .:'.,) :,.....VUi~.C:i COMMON PLEAS No. \ ;-, f ./A'j'("1 ,,' ,'Llr',_ 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 Dis- trict Justice on the date and in the case mentioned below. NAME OF APPELLANT VilILLIALl GOL']'?, MAG. DlST. NO. OR NAME OF D.J. - ,- ;i.;, ADDRESS OF APPELLANT 375 ST. JOHN'S Dnlv~ CITY _"",~ ':;!d';.~-,,, ~~.1 ''-/ ,,', STATE ?!PC9C!E " DATE OF JUDGMENT 4/25/;)5 I.".. IN ~HE ?ASEOF, (PLAINTf;~j. IA\,~Ul\ 01?~c_lr"LJ.':_' (DEFENDANT) :' ~-' , ,\iL' .. '-'..;..",. '--.:(;1-:/:''/ CLAIM NO. vs, SIGNATURE OF APPELLANT OR HIS ATTORNEY OR AGENT CV YEAR L T YEAR ev-onnOh f) E -n.4 1/ This block will be signed ONLY when this notation is required 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. If appellant was Claimant (see PA R.C.P.J.P. No. 1001 (6)) in action before district Justice, he MUST FILE A COMPLAINrMthin twenty (20) days after filing his NOTICE of APPEAL. blgn81Ufe 0/ YfOrnonof8fY or ueputy " ,"ex PRAECIP&TO ENTER RULE TO FILE QQMPLAINT AND RULE TQ IiU.E (This section of torm to be used ONLY when appellant was DEFENDANT (see PA R.C.P.J.P. NO.1 001 (7) in action before District Justice. IF NOT USED. detach trom copy of notice of appeaPll>'be s."'~~IU\>OWl!pp'BII~. 'x":; ']I"Y X ;~(l'i\ <' . PRAECIPE: To Prothonotary Enter rule upon J\.OU.t':. S~ECli~LISTbr ~NC. Name 01 aP(lfl~ls) , appellee(s), to file a complaint in this apjleal ;, J :1 X,"'(XJ(Xl(X /-";L_'" -"\ (Common Pleas No. U j ','\ 7'11 ) within twenty (20) days after service of rule or suffer entry of judgment ot non pros. RULE: (\ ~N~);'U, . " .....'.''> :, r ,. '~;"ln To AQ . ')Pl'.\ 11-,\,,1.,--)1.,( Name of appel/ea(s) t, . Signature of appellanf or his attorney or agent 1;\1( . 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 01 registered mail. (2) If you do not file a complaint within this time. a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU UPON PRAECIPE. (3) The date of service of this ruie if service waS:by maills the date 01 the mailing,,'! Date: ,~'-, . Year -as-' / f White Green Yellow Pink Gold Prothonotary Copy Court Rle Copy Appelan!'s Copy Appellee Copy D. J. Copy Proth, - 76 . U.S. Postal Service CERTIFIED MAIL RECEIPT (DomestIc Mall Only; No Insurance Coverage ProvIded) l"'- -" r'l U"1 IIECIWlI CS8IJl6 PA 17050 Postage $ $0.37 to/0-~ SJ"'-f!,,!^es> rY-1J) I.U #4i""mOCk 10'.c. 10 I~~ ::IJ. ~/;h,. <;), \.1-\ '''fC" J .';.; ".. pc! O~ '. ~/ Recipient's Name (Please Print ClearlY! l10 be completed gy mBLiieI'LTS WILLIAM E. KOZLOVAC, I AQUA SPEcIA ~um'. g::sitbi~t~E1P;g~1iliuR()A()mmumu num' n ~ct\tt~)(N~t;~BURG:upiii7()50m or l"'- -" rT1 CertiliedFee -" r'l Cl Cl Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) ~o,oo $ ~4.42 Cl Cl or rT1 Total Postage & Fees INC. U.S. Postal Service CERTIFIED MAIL RECEIPT (Domestic Mad Only; No Insurance Coverage Provided) r'l '" ~ ItECHANICS8UR6 PA 17050 or l"'- -" rT1 $0.37 /lA',. 1j1~. ~,- <p, ~r Here ~\ <''/;h,. l5i .~ a' :J,'1 ~ Recipient's Name (Please Print Clearly) (to be completed by mailer) IHfHQN'uJHMIlSuIlLPLAC.E.L umn unumu mumnmmuu C- Street, Apt. No_; or PO Box No I:r 104 S SPORTING HILL ROAD ~~~CWA'liI't~~Uitmpl\uI7(;5iim nUmmmumm nummmnm Post,lge $ Certified Fee -" r'l Cl Cl Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) -i I ..J Cl Cl or rT1 Total Postage & Fees $ AQUA SPECIALISTS, INC'r Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTYr PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 05-2749 CIVIL TERM WILLIAM GOETZr Defendant CIVIL ACTION NOTICE TO DEFEND 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 servedr 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 Carlisler Pennsylvania 17013 (717) 249-3166 dr~<<~0 Marlin R. McCaleb Attorney for Plaintiff LAVV OH-ICTS .1ARLIN R. McCALEB AQUA SPECIALISTS, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY I PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 05-2749 CIVIL TERM WILLIAM GOETZ I Defendant CIVIL ACTION COMPLAINT 1. Plaintiff herein is AQUA SPECIALISTS, INC., a Pennsylvania corporation having its office and place of business at 160 Silver Spring Road (Hampden Township), Mechanicsburg, Cumberland County I Pennsylvania 17055. 2. Defendant herein is WILLIAM GOETZ, also known as WILLIAM B. GOETZ, also known as WILLIAM B. GOETZ, 111, an adult individual who lives and resides at 375 St. John's Drive (Hampden Township), Camp Hill, Cumberland County, Pennsylvania 17011. 3. At all times relevant and material to this cause of action, Plaintiff is and has been in the business of cleaning, maintaining and repairing swimming pools and selling swimming pool equipment and supplies. 4. On or about June 25, 2003, at the special instance and Li\\iV orrlCES request of Defendant, Plaintiff agreed to provide labor, v\ARLIN R. McCALEB equipment I materials and water to clean and de-winterize the Defendant's swimming pool at the premises described in Paragraph 2, above, which swimming pool had not been cleaned, opened, or used for one or more seasons prior thereto. 5 . Plaintiff's services included the removal and disposition of the existing pool cover, cleaning the pool and removing debris therefrom, cleaning and filtering the water in the pool, cleaning the filter, adding new water to the pool, and testing, treating and balancing the water with chemicals, all as more fully set forth in Exhibit "A" attached hereto and made a part hereof by reference thereto. 6 . Plaintiff began its said work on or about June 3D, 2003, and completed the same in a good and workmanlike manner on or about August 19, 2003, and Defendant accepted said work and materials. 7. On or about September 17, 2003, Plaintiff sent to Defendant Invoice 41121 setting forth total charges In the amount of $2,304.30 for said work and materials, a true copy of said Invoice being attached hereto and made a part hereof by reference thereto, marked Exhibit "A". 8 . The prices which Plaintiff charged for the services LA\N OFJICTS ARLIN R. McCALEB -2- performed for, and the materials provided to, Defendant as set forth above were fair and reasonable prices for said labor and materials and were the ordinary market prices for the same. 9. Despite said Invoice 41121 and several subsequent requests by Plaintiff for payment thereof, Defendant has failed and refused to pay to Plaintiff said sum of $2,304.30 or any part thereof. WHEREFORE, Plaintiff demands judgment in its favor and against the Defendant herein in the amount of $2,304.30, together with interest thereon and costs of suit (including but not limited to costs incurred before District Justice Thomas A. Placey in the amount of $121.00). Date: June /0 I 2005 dJ~~ Marlin R. McCaleb Attorney I.D. No. 06353 219 East Main Street P.O. Box 230 Mechanicsburg, Pennsylvania 17055 (717) 691-7770 FAX: (717) 691-7772 Attorney for Plaintiff I AVV CHTICt-.S \I1ARLlN R. McCALEFl -3- . . VERIFICATION JOHN L. SIECK hereby certifies and states as follows: that I am the President of AQUA SPECIALISTS, INC., a Pennsylvania corporation, the Plaintiff in the foregoing Complaint; that as such President I am authorized to and do make this verification for and on behalf of said Plaintiff; that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge I information and belief; and I understand that all statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to Date: June I 3 I 2005 unsworn falsification to IA\N orllCcS v1ARLI N R. McCALEB -4- CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the with- in Plaintiff's Complaint were served upon the Defendant herein, or his counsel, on June /~ I 2005, by depositing same in the mail at the United States post office at Mechanicsburg, Pennsylvania, postage prepaid I properly addressed as follows: Joseph B. Sobel, Esquire Suite 202 - Cranberry Court 212 North Third Street Harrisburg, Pennsylvania 17011-1505 Attorney for Defendant ~~ Marlin R. McCaleb I AV\' OFFICI'S MARLIN R. McCALEB -5- '1' ..:. Invoice 41121 Customer GOETW1 AQUA SPECIALISTS, INC. P. O. BOX 123 MECHANICSBURG PA 17055 WWW.AQUA-SPECIALlSTS.COM Telephone 717/766-2541 Bill To: Ship To: WILLIAM GOETZ 375 ST. JOHNS DRIVE CAMP HILL, P A 17011 WILLIAM GOETZ 375 ST. JOHNS DRIVE CAMP HILL, PA 17011 1.000 1.000 LABOR LABOR N 1350.00 1350.00 11 11 J8401 AaUA STAIN&SCALE 1QT 12/CS N 13.95 153.45 99 99 HYPO SODIUM HYPO - 1 GAL. N 2.25 222.75 1.00 1.00 HCL01 HYDROCHLORIC ACID - 1 GAL. N 5.95 5.95 54 54 CC01 CALCIUM CHLORIDE - 1 LB. N 0.50 27.00 18 18 SA01 SODA ASH - 1 LB. N 1.05 18.90 DE01 DE POWDER - 1 LB. N 0.50 0.50 2 2 DE06 DE POWDER 6LB BAG N 4.95 9.90 J4303 DIAMOND BLUE 1 aT 12/CS N 11.95 11.95 4 4 HCLC HYDROCHLORIC ACID - 1 GAL. BULK N 2.75 11.00 WATERGOOETZ WATER 18,6000 GAL-GOETZ 8/13/03 Y 465.00 465.00 1187 1187 255 MEMO N 0.00 0.00 6/30/03 PUMPED OUT THE POOL AND DEWINTERIZED THE POOL AND FILTER SYSTEM. 7/14/03 SET UP LOANER PORTABLE PUMP AND STARTED THE FILTER SYSTEM. 7/16 & 7/18/03 RETURNED TO CONTINUE CLEARING PROCESS. CLEANED THE FILTER. TESTED AND BALANCED THE WATER. TREATED THE POOL FOR ALGAE. 7/23/03 VACUUMED DREDGED THE POOL. 7/25/03 CLEANED THE FILTER. TESTED AND BALANCED THE WATER. 7/28/03 SKIMMED AND VACUUMED THE POOL. CLEANED THE FILTER ELEMENT. CONT... NonTaxable Subtotal Taxable Subtotal Tax @ 6.000% Total 1811.40 465.00 27.90 2304.3.0 Page 1 Customer Original (Reprinted) EXHIBIT "A" ~, 'b:. Invoice 41122 Customer GOETW1 AQUA SPECIALISTS, INC. P. O. BOX 123 MECHANICSBURG PA 17055 WWW.AQUA-SPECIALISTS.COM Telephone 717/766-2541 Bill To: WILLIAM GOETZ 375 ST. JOHNS DRIVE CAMP HILL, PA 17011 Ship To: WILLIAM GOETZ 375 ST. JOHNS DRIVE CAMP HILL, PA 17011 1.00 1.00 MISC COMMENT CONTINUES... N 0.00 0.00 7/31/03 TESTED AND BALANCED THE WATER. 8/07/03 TESTED AND BALANCED THE WATER. CLEANED THE FILTER ELEMENT. 8/12/03 VACUUMED THE POOL.8/13/03 REMOVED, CLEANED AND REINSTALLED THE FILTER ELEMENT. TESTED AND BALANCED THE WATER. 8/14/03 BACKWASH ED THE FILTER. TESTED AND BALANCED THE WATER. 8/13/03 TESTED AND BALANCED THE WATER. 8/19/03 SKIMMED AND VACUUMED THE POOL. TESTED AND BALANCED THE WATER. NonTaxable Subtotal Taxable Subtotal Tax @ 6.000% Total 0.00 0.00 0.00 0.00 Page 1 Customer Original EXHIBIT "A" () r--~ 0 = c;; ';:::, II ~,.,[l :r :r.J f11 I l-n CJ W C.) <.1 -"1 ;:") .....'--' iTl '---.. S ;. f'.-.1 ..! ~. -.-j (.){ ~;J ~.< f',.;; .,< vs, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2749 CIVIL TERM AQUA SPECIALISTS, INC" Plaintiff WILLIAM GOETZ, Defendant CIVIL ACTION NOTICE TO PLEAD You are hereby notified to file a written response to the enclosed New Matter and Counterclaim, within twenty (20) days from service hereof or a judgment may be entered against you. J#z-kz rs~ cf:b Joseph B. Sobel Attorney for Defendant I.D. No. 17715 P.O. Box 828 Harrisburg, PA 17108-0828 (717) 234-2200 vs, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2749 CIVIL TERM AQUA SPECIALISTS, INC., Plain tiff WILLIAM GOETZ, Defendant CIVIL ACTION DEFENDANT'S ANSWER WITH NEW MATIER AND COUNTERCLAIM ANSWER And now comes the Defendant, William Goetz, by his counsel, Joseph B. Sobel, and makes the following Answer: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted in part, and denied in part. It is admitted that Plaintiff provided the materials and services listed in its Exhibit "A". It is denied that all such materials and services were in fact legitimately required. On the contrary, such services would have been required only due to Plaintiffs failure properly to drain off and remove the originally existing contaminated water. 6. Admitted in part, and denied in part. It is admitted that Plaintiff began and ended its work on the dates stated. It is denied that the same was accomplished in a good and workmanlike manner, or that Defendant accepted the work and materials as satisfactory, as reflected in Defendant's letter to Plaintiff of December 10, 2003, a true and correct copy of which is attached hereto and identified as Exhibit "1". On the contrary, the requested services were prolonged over a period of more than forty-five (45) days. 7. Admitted. By way of further answer, Plaintiff issued three additional invoices for services and materials provided on September II and 12, 2003 and October 18 and 21, 2003, copies of which are attached hereto and collectively identified as Exhibit "2". These invoices were paid in full by Defendant after receipt of a credit for return of two containers, as was Plaintiffs usual and customary practice. 8. Admitted in part, and denied in part. It is admitted that the amounts charged per hour of labor and per unit of materials were within industry standards. It is denied that the number of hours for which such labor rates were charged was proper, necessary, fair or reasonable or that all of the materials allegedly used were or could have been reasonably necessary in order to complete the services requested. 9. Admitted. By way of further answer, Paragraphs 5 through 8 are incorporated by reference. WHEREFORE, Defendant respectfully requests that this Honorable Court dismiss Plaintiffs Complaint, with costs of this action. NEW MAITER 10. The allegations made in paragraphs 1 through 9, above, are incorporated herein by reference. 11. Plaintiff originally serviced Defendant's swimming pool on or about June 30, 2003, by pumping the existing water down to a reduced level and then refilling it with fresh water. 12. As stated more fully in Defendant's Exhibit "1", after Plaintiffs initial servicing of his swimming pool, Defendant had the pool filled with fresh water by F.M. 2 Oppel Company of Enola, which separately charged the Defendant $450.00 for its services. 13. As Defendant subsequently learned, Plaintiff had not drained the pool properly or sufficiently before it was refilled with fresh water. 14. Because the existing contaminated water had not been properly or sufficiently drained, the fresh water became likewise contaminated, requiring that the pool be drained and filled again with water, as shown on Plaintiffs Exhibit "A". 15. Over the Summer of 2003, Defendant called Plaintiff regularly, as frequently as daily, to advise that the portable pump and filter Plaintiff had set up was not working properly and was not keeping the water at the proper level or in the required clear and clean condition, so that Defendant was unable to use the swimming pool during 2003. WHEREFORE, Defendant respectfully requests that this Honorable Court dismiss Plaintiffs Complaint, with costs of this action. COUNTERCLAIM 16. The allegations made in paragraphs 1 through 15, above, are incorporated herein by reference. 17. When closing the pool at the end of the Summer of 2003, Defendant purchased from Plaintiff a 20' x 40' pool-size cover and ~Jurteen 10' double water tubes to keep the new pool cover on. Several of these tubes were defective and leaked and were repaired and refilled by Plain tiff. 3 18. However, following Plaintiff's attempt at repair the tubes leaked again, and as a direct result the southeastern comer of the said pool cover collapsed into the pool, admitting dirt and debris which caused the pool again to become contaminated. 19. Although Defendant called Plaintiff and requested that the aforesaid condition be remedied, the tubes were not repaired and the pool cover, which requires a crew of workers in order to be lifted, remains partly in the pooL 20. Further, the aforesaid debris in the pool abraded and ripped the swimming pool liner, which as a result must be replaced in order to render the pool usable. WHEREFORE, Defendant respectfully requests that this Honorable Court order Plaintiff to pay damages to the Defendant, in an amount to be determined, with costs of this action. Respectfully submitted, ~ r:,7 .....) .. Joseph obel Attorney for Defendant 1.0. No. 17715 P.O. Box 828 Harrisburg, PA 17108-0828 (717) 234-2200 4 VERIFICATION I, William Goetz, Defendant in the foregoing action, verify that the statements made in the foregoing Answer with New Matter and Counterclaim are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. !34904, relating to unsworn falsification to authorities. 1 "7 ~-" OJ 1)"1/ if" . t cO, I IV William Goetz William B. Goetz 326 South Tenth Street Lemoyne, PA. 17043 December 10,2003 Aqua Specialists, Inc. P.O. Box 123 Mechanicsburg, PA 17055 Dear Sir or Madam: I am in receipt of numerous invoices pertaining to tht: opening and closing of my pool at St. Johns Dr.,CampHill ,I have enclosed a check on account $895.16, which co9vers invoice 40932,41258, credit 42425, and 42544. I must take strong exception to invoice 41121 because of what I feel are unnecessary charges to me. Whenever I phoned the request in to you to open the pool, I made it crystal clear that the pool had been left closed for two years due to the death of my son, I expressly told you that because of this factor, the cover had rotted at several spots and debris and dirty water mixed with the clean water underneath. I spoke Ito your service man and also to Kim, explaining that I wanted the pool drained as much as possible with your "fast" pumps and then to fill the pool with fresh water. The pool was never drained enough because whenever the "new" water was added (which was billed to me separately by the water supplier) I noticed right away that the water was very cloudy and telephoned you to point this matter out and the person I spoke to told me that you would put a heavier filter pump there to "help" clear the water-taking advantage of the two filtering systems. As it happened, I spent a great deal of time at this home as I was working of a long project and all my reference material was located there; in other words, I was there probably 22 out of 24 hours per day. At no time did I ever notice anyone coming or going-but must point out that the portable pump put there did not work at alii. Every single time I walked out to the pool, the pump was sucking air. I primed it numerous times but it would only work for five or ten minutes then retreat to sucking air. I telephoned you several times in July to point out that the pump did not work. I turned it off after fooling with it several days and mentioned to Kim during one of the phone calls that I would hope I would not be charged for all this fooling around. I can only guess and wonder if which mechanic looked at this problem and not spend enough time observing that the pump simply never worked after a few minutes after starting it up. I note that the labor on this invoice in question is "I" labor at $1,350.00. Again, I can only guess but suspect that each time one or two mechanics stopped by for five or ten minutes (again, I was at that house for most hours of the day and never noticed anyone coming or going, nor did my dog bark), and I was billed om: hour minimum for each man there--otherwise I cannot imagine how the total ever reacht:d that price. Also, because of the improper or lack of draining the pool low enough the first time, this first load billed EXHIBIT I UII! to me separately was drained away and a second full load was put in; obviously at this point progress was made, but summer was over and needless to say, not one person even put a toe in that pool! When closing the pool, you sold me 14 new 10' double water tubes to keep the new pool cover on; some of these leaked and after I phoned you to tell you this, you phoned to say that the pool had a tear in the lining, but all was well as you fixed it. This was billed separately on 11/4. I again phoned to say that the: tubes drained again and the south eastern comer of the pool cover was now in the pool, lmd since we had rain and with current debris on top, it was now re-contaminated into the pool-which now has me back to where I started in the early summer. You billed me for a total of$3,199.46 plus an extra $450 for water; $4,650 for a pool that is now not any better-but worse---than when I started. There is a tear in the south east comer of the: liner, the cover is partly in the pool and it is simply just one hell of a mess. I fail to understand what has happened to your company. I have dealt with you for more than IS years and have recommended you to many of my friends; it's as though you changed hands-and perhaps you have, but this whole e:xperience has been very disappointing to me. I have operated my own business for nearly 40 years and believe me we bend over backwards for any customer and if anything such as the above problem ever happened to any of my customers, he or she would nev,er ever be charged the amounts which I question. I suggest you greatly amend this invoice and then this chapter can come to amicable close. Sincerely, William B. Goetz Enc!. WILLIAM GOETZ 375 ST. JOHNS DRIVE CAMP HILL, PA 17011 WILLIAM GOETZ 375 ST. JOHNS DRIVE CAMP HILL, PA 17011 !!j en .1'.1" put.. ~ f; ~ t1 I . IJ, j /' 1" 4~ u (i)J B .. ~ 1/ IrY MIS. 1 / )03' (} 10 -- Invoice 40932 Customer 1130ETW1 Bill To: Ship To: AQUA SPECIALISTS, INC. P. O. BOX 123 MECHANICSBURG PA 17055 WWW.AQUA-SPECIALlSTS.COM Telephone 717/766-2541 Date I Ship Via I F.O.B. I Terms 09'11,'03 I OUR TRUCK I Oriain I NET 30 DAYS Purchase Order Number Order Date Sales..,.on Our Order Number Verbal 09/11/03 21 23647 Quantity ttem Number Description Tax Unit Price Amount Renuired Shin B.a. 2 2 HYPOO5 SODIUM HYPO. 5 GAL. Y 12.50 2500 2 2 05D CONTAINER DEPOSIT 5 GAL N 10.00 2000 , I ! I I i I EXHIBIT I 11211 NonTaxable Subtotal 20,00 Taxable Subtotal 25.00 Tax @ 6.000% 1.50 Total 46.50 SPECIALISTS, INC. BOX 123 .;HANICSBURG PA 17055 NW.AQUA-SPECIALISTS.COM elephone 7171766-2541 Bill To: WILLIAM GOETZ 375 ST. JOHNS DRIVE CAMP HILL, PA 17011 Invoice 41253 Customer GOETW1 Ship To: WILLIAM GOETZ 375 ST. JOHNS DRIVE CAMP HILL, PA 17011 Date I Ship Via I F.O.B. i Terms I 00,2' 03 I Orinin I NET 30 DAYS Purchase Order Number Order Date Salescetson Our Order Number Verbal 07/14/03 18 28925 Quantity /tom Num"", Description Tax Unit Price Amount R~"I'.- !Ilhj.... Rn. , 000 1000 LABOR LABOR N 27000 270001 0.50 0.50 HeLOl HYDROCHLORIC ACID. 1 GAL N 595 2981 I 6 6 SAO' SODA ASH. 1 LB N 105 53C' 20 20 BS01 BICARB OF SODA. 1 LB. N 075 15001 10 10 HYPO SODIUM HYPO. 1 GAL. N 225 225Cl 1 1 J8401W STAIN & SCALE 1 QT. 12iCS N 13_95 13951 1 1 J8102W ALGICIDE 30 lQT 12iCS N 10.25 10 25i '4 '4 WT10 10' DOUBLE WATER TUBE Y 10.25 143501 1 1 ACD2040PSRT 20 X 40 POOL SIZE COVER',2YI< Y 18450 '84501 I 135 135 255 MEMO N 000 ~ :0, I I I I i I I , I 912!03 BACKWASHED THE FILTER, SKIMMED AND VACUUMED THE POOL LOWERED THE I WATER LEVEL. TESTED AND BALANCED THE WATER. BLEW AND PLUGGED ALL LINES. WINTERIZED THE POOL AND FILTER SYSTEM. FURNISHED AND INSTALLE,D NEW WINTER COVER. I I NonTaxable Subtotal 340.98. Taxable Subtotal 328.001 Tax @ 6.000% Total Customer Original (Reprinted) 19.68' 688.661 Page 1 SPECIALISTS, INC. BOX 123 .;HANICSBURG PA 17055 NW.AQUA-SPECIALISTS.COM elephone 717/766-2541 Bill To: WILLIAM GOETZ 375 ST. JOHNS DRIVE CAMP HILL, PA 17011 Invoice C42425 Customer GOETW1 Ship To: WILLIAM GOETZ 375 ST. JOHNS DRIVE CAMP HILL, PA 17011 - THIS IS A CREDIT MEMO- - I ShID ilia I T Date F:O.B. T...... 10/31/03 OUR TRU"K I I Pu_~_bor ~- . .. OUrOnlllr N_ "''''1''' 18 Q.....al\I : .,. Rn -1lUI!II* , ~,- r~fr'.;:_-._~ : .: ... . Tax Unit Price Amount R -2 05D CONTAINER DEPOSIT 5 GAL N 10.00 -20.00 I ; I I , I I I I !CREDIT FOR TWO EMPTY CONTAINERS BROUGHT BACK TO SHOP. ! I I , I I NonT_1e Su_ I -20.00 I TamI.Subtotld 0.00 , Till( 08.000% 0.00 ~ Total -20.00 CU_Orlglnal Page 1 ,PECIAlISTS, INC. ~OX 123 r1ANICSBURG PA 17055 ,W.AQUA-5PECIAUSTS.COM ~Iephone 7171766-2541 Bill To: WILLIAM GOETZ 375 ST. JOHNS DRIVE CAMP HILL, PA 17011 Invoice 42544 Customer GC)ETW1 Ship To: WILLIAM GOETZ 375 ST. JOHNS DRIVE CAMP HILL, PA 17011 DOlle 1 _\IltI I ., F.o.e. I Terms 11104103 I I IJrinin I DA _~Number '., Otdor_ C'C ."cccc' . 0ur0nl0r Number v......, ,A ....'6 IIonI Niiri.&.er;":' .,' '"-C'_"'" "-.' ..' . -~'.,_Gd~, . Tax Unll_ Amount ..... .' . c c.... .... 1.000 '.000 lABOR L.AIlOR N 180.00 180,00 , I I I I I , ! i , , , I 10/18103 REMOVED WATER AHD DeBRIS FROM THE COVER. REINSTALLeD THE WINTER COVER. 10121103 REPAIRED ONE TEAR IN THE LINER. 10131103 RETURNED TO CHECK WATER LEVEL; ALL OK. NonTaxable Subtotal 180,00 Tax..... S~ 0.00 Tax . 6.000% 0.00 Total 180.00 Cu_ OrIgln.1 (Reprl-.!l Page 1 CERTIFICATE OF SERVICE I hereby certify that on the 15th day of July, 2005, a true and correct copy of the foregoing Answer with New Matter and Counterclaim was served upon Plaintiff by mailing same by United States mail, First Class, postage pre-paid, to its attomey of record, at the following address: MARLIN R MCCALEB ESQUIRE 219 EAST MAIN STREET PO BOX 230 MECHANICSBURG PA 17055 Ji~Ob~~ ~ Attomey for Defendant LD. No. 17715 P.O. Box 828 Harrisburg, PA 17108-0828 (717) 234-2200 -,.., ~ ,- - '" ,..," ;;; ...., ~~~,; ~, ~':: r"- c~ --n :r!,., f1:1F -,-,Gi ~3? ._~{C,' ~'3i~~ i'_'C.,nl ..-:::, -~ ~D .< Q) ::? C:1 c::.> AQUA SPECIALISTS, INC., Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WILLIAM GOETZ, Defendant NO. 05-2749 CIVIL TERM CIVIL ACTION REPLY TO NEW MATTER 10. The averments of Paragraphs 1 through 9, inclusive, in Plaintiff's Complaint are incorporated herein and made a part hereof by reference thereto. 11. Admitted. 12. Admitted. The amount charged to Defendant by F.M. Oppel Company of Enola is not included in Plaintiff's claim. 13. Specifically denied that Plaintiff did not drain the pool properly or sufficiently before it was refilled with fresh water. To the contrary, Plaintiff drained the pool in a good and workmanlike manner and in accordance with prevailing standards in the industry. 14. Specifically denied that the existing contaminated water had not been properly or sufficiently drained, for the reasons set forth in Paragraph 13, above, the averments of which are incorporated herein and made a part hereof by reference thereto. The fresh water was contaminated because of the amount of dirt and debris that had been allowed to accumulate over two (2) years and not because of Plaintiff's workmanship. Plaintiff did not receive Defendant's letter FleES McCALEB dated December 10, 2003, and marked as Defendant's Exhibit "1." . I. 15. Specifically denied that the portable pump and filter Plaintiff had set up did not work properly. The pump and filter worked as they were intended to except when they became clogged by the dirt and debris in the water, at which time it was necessary to remove the clogged dirt and debris so that the pump and filter could continue to operate properly. Specifically denied that the water was not kept at the proper level or condition for Defendant to use the pool. To the best of Plaintiff's knowledge, information and belief, Defendant was able to and did use the pool from August 19, 2003, until it was closed on or about September 12, 2003. Wherefore, Plaintiff demands judgment in its favor and against the Defendant in the amount of $2,304.30, together with interest thereon and costs of suit. REPLY TO COUNTERCLAIM 16. The averments of Paragraphs 10 through 15, above, are incorporated herein and made a part hereof by reference thereto. 17. Admitted. 18. Denied as stated. Plaintiff promptly repaired all leaks of which it was made aware, whether caused by defective tubes or otherwise, and restored the cover to its proper position. Such problems occurred after the pool had been closed for the season and did not interfere with Defendant's use of the pool. AW OfFICES N R, McCALEB -2- 19. Denied as stated for the reasons set forth in Paragraph 18, above, the averments of which are incorporated herein and made a part hereof by reference thereto. When Plaintiff was last at the site, on or about October 31, 2003, the water level was full and the pool cover was in place. 20. Denied as stated. On or about October 21, 2003, Plaintiff's employees discovered a small tear in the pool liner, which they promptly repaired. Wherefore, Plaintiff demands judgment in its favor and against the De~endant on Defend~an Cou, ~~~m~ Date: August 3r ,2005 ____________~~ Marlin R. cCaleb Attorney I.D. No. 06353 219 East Main Street P.O. Box 230 Mechanicsburg, Pennsylvania 17055 (717) 691-7770 FAX: (717) 691-7772 Attorney for Plaintiff LAW OFFICES .RUN R. McCALEB -3- , VERIFICATION JOHN L. SIECK hereby certifies and states as follows: that I am the President of AQUA SPECIALISTS, INC., a Pennsylvania corporation, the Plaintiff in the foregoing Reply to New Matter; that as such President I am authorized to and do make this verification for and on behalf of said Plaintiff; that the facts set forth in the foregoing Reply to New Matter and Reply to Counterclaim are true and correct to the best of my knowledge, information and belief; and I understand that all statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to Date: August ~ , 2005 authorities. LAW OFFICES ,RLlN R. McCALEB -4- " .~ CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the with- in Plaintiff's Reply to New Matter and Reply to Counterclaim were served upon the Defendant herein, or his counsel, on August J , 2005, by depositing same in the mail at the United States post office at Mechanicsburg, Pennsylvania, postage prepaid, properly addressed as follows: Joseph B. Sobel, Esquire Suite 202 - Cranberry Court 212 North Third Street Harrisburg, Pennsylvania 17011-1505 Attorney for Defendant ti~~ LAW OffICES ,RUN R. McCALEB -5- " f",:l c> ,,:.-; -.;"' <>''\ ~,.,,,. ,j) , c.,) -'(~ """",> _e'. -- ,,"'; (,.;~ ....(~ C-) AQUA SPECIALISTS, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 05-2749 CIVIL TERM WILLIAM GOETZ, Defendant CIVIL ACTION PRAECIPE TO SETTLE AND DISCONTINUE TO THE PROTHONOTARY: Please mark the above-captioned action as settled, discontinued and ended as to all claims of either party. Date: March 6/ ,2006 ~~;(i:~~re Attorney for Plaintiff J~tpl. S~SqUire Attorney for Defendant I A\V OfllCrs MARLIN R. McCALFB '.--0 (':. r'" v' r---..,' "'~I -rl ..' ~-;:_~ r;: (..,) d