Public Mediation

Todd Altieri (Doing Business AS) Sharp Cut Lawn Care Damages Property and never returns !!

L. P. vs. Sharp Cut Lawn Care
P.O. Box 103, Nazareth, Pennsylvania, 18064, United States
Amount Involved: $5,500.00
    • Status: In Negotiation
      This claim has posted for public comment and negotiation. It will remain posted until resolved to the claimant's satisfaction. Suggest a resolution to help these parties reach a settlement.
    • View response from: Sharp Cut Lawn Care
    • Claimant Seeks: View.
    • Claim #: 10323
    • Amount Involved: 5,500.00
    • Filed On: Aug 17, 2010
    • Posted On: Sep 01, 2010
    • Complaint(s):
      • Contract / Agreement
      • Questionable Business Practices
      • Service Problem
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Statement of Claim
Complaints Involved (4) - View
Claimant says:
"Sharp Cut Lawn Care cut my lawn for approximately 15 years. Last year I noticed they were denting my fence. I spoke with Todd (the Owner) and asked that they not dent my fence anymore. This year after about four cuts I noticed my fence really damaged from the lawn mowers. I called and left a message (610-250-7020) and have never heard from them again. There is approximately $5,300.00 worth of damage and I want it fixed. I have been trying to serve him in a civil trial but can't seem to get a correct address on him and he won't sign at the post office for the certified return receipt."
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What Claimant Wants Hide
1. Damages: Fence needs to be replaced Sep 01, 2010 $5,300.00
2. Pay my courts cost and mailing fees Sep 01, 2010 $200.00
3. Other – Physical delivery charges Sep 01, 2010 $2.00
Cash total : $5,502.00
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Respondent's Counteroffer Hide
The claimant's settlement terms were rejected with the following explanation:

  • "COMES NOW, Sharp Cut Lawn Care, and issues this correspondence in response to the unfounded and irresponsible claim filed against this good company by a Mrs. Lisa Piccione. In this claim, she simply asserts Bad Faith, Breach of Contract, Lack of Communication, Poor Customer Service, Poor Quality, Rude Behavior, and Service not completed as Promised. For easy reference and after a brief history, Sharp Cut will address each of these baseless claims in order in which they appear.

    Sharp Cut Lawn Care has been servicing Mrs. Piccione for fifteen years. It also has serviced several other homes in the neighborhood. Mrs. Piccione lives in a neighborhood conducive to family and family values. Sharp Cut has serviced her for the fifteen years and only raised the price per cut a total of $10.00 over that time period. This is despite any dips or recessions in the economy. Sharp Cut has serviced that neighborhood in excess of twenty years, and it is this loyalty and dedication to client development that has kept the prices where they are for so long. Mrs. Piccione claims that this company has ruined her fence. However, this company denies that any damage has ever been done by its employees. Attached to this claim are neither before/after pictures of any damage, nor any photos nor proof whatsoever of an employee damaging the fence. Actually, there are no exhibits at all. Sharp Cut has never seen any damage and to be quite frank, it wouldn’t know the difference. This company did not take pictures of her property fifteen years ago to steadily track the difference in her home’s normal wear and tear. And, even if there was some level of damage, how can anyone be sure it was this company and not neighbor children or before mentioned wear and tear. This is the exact type of behavior seen during tough financial times. A customer wants to erase years worth of loyal service by making a company pay for normal wear and tear that is the Piccione Family’s responsibility. Mrs. Piccione failed to mention that after the purported damage, she continued service for years. She failed to mention that this company has and still services other members of her family. While Sharp Cut understands that these are tough economic times, she should be ashamed of herself for trying to neglect her personal obligations by trying to get someone else to pay for her home improvements. If Mrs. Piccione wants a new fence, she should be true to herself and purchase a new fence. Mrs. Piccione should not come up with a fantasy story about damage supposedly done years ago, while continuing service, and now requesting money. This type of extortion is not becoming of a member of the community and this company hopes that she restores this company’s reputation with the same vigor with which she damaged it.

    1. Bad Faith. It is worth noting that the complaint did not outline one single example of Bad Faith. It is not even certain that Mrs. Piccione knows the legal definition of bad faith let alone being able to know it when she sees it. This is an apparent attempt to besmirch the character of a good company with an impeccable reputation in the community for twenty-five years. Moreover, Sharp Cut feels that Mrs. Piccione exhibited bad faith by trying to use public ridicule to coerce a hard working local company to pay for her home improvements.

    2. Breach of Contract. Breach of contract is a legal cause of action in which a binding agreement or bargained-for exchange is not honored by one or more of the parties to the contract by non-performance or interference with the other party's performance. Sharp Cut was contracted to perform weekly lawn care services and Sharp Cut properly fulfilled these services for over fifteen years. Sharp Cut worked on a week to week oral agreement and would send a bill monthly. Mrs. Piccione has failed to identify a breach of duty on the part of Sharp Cut Lawn Care. Just because the legal causes of action sit in front of Mrs. Piccione on your website does not mean she can click them all. Mrs. Piccione clearly does not know what Breach of Contract is. The duty that Sharp Cut agreed to perform was performed thirty weeks a year for fifteen years. No breach has been identified and therefore, no cause of action upon which relief can be granted exists.

    3. Lack of Communication. Mrs. Piccione has failed to allege a verifiable cause of action. Mrs. Piccione has a history of abusive, abrasive, and rude behavior with Sharp Cut employees, and now, after Sharp Cut no longer services her lawn, she is continuing these shameful intimidation tactics through the use of your website. There is no cause of action for lack of communication in Pennsylvania, and it is questionable whether such cause exists in any jurisdiction. Since Sharp Cut Lawn Care no longer services the Picciones, it, nor any of its employees are required to speak to Mrs. Piccione. No cause of action for lack of communication is present in Pennsylvania jurisprudence and therefore, no cause of action upon which relief can be granted exists.

    4. Poor Customer Service and Poor Quality. Once again, Mrs. Piccione has failed to allege a verifiable cause of action. Despite this, it is hard to fathom how Mrs. Piccione could possibly claim poor quality and poor customer service despite having a working relationship with the company for fifteen years. The Picciones could simply have gotten someone else to service their lawn during this fifteen year relationship if the quality and customer service was poor. The fact that the service continued after the alleged damage further demonstrates that it is unlikely Sharp Cut did any damage at all. Ergo, the fact that service continued after the alleged damage also proves that quality and customer service must have been quite good. Moreover, all the facts taken into a vacuum make it apparent that this web post is an extortion attempt to cash in on Sharp Cut’s potential fear of a public complaint in a small town environment. Poor Quality and Customer Service are not causes of action in Pennsylvania, and therefore, no cause of action upon which relief can be granted exists.

    5. Rude Behavior. I am not sure this section needs attention since alleging rude behavior as a cause of action is patently absurd. Moreover, it is not a cause of action upon which relief can be granted. Additionally, Mrs. Piccione has not alleged even one incident of rude behavior over a fifteen year period. She just wants to use this for a “pile on” effect to scare a small local company to pay for her home improvements in light of public ridicule and embarrassment.

    6. Service not Completed as Promised. Sharp Cut Lawn Care serviced Mrs. Piccione thirty weeks a year for fifteen years. Sharp Cut is unable to identify how work was not completed as promised. Additionally, Sharp Cut cannot understand what her home improvements have to do with the lawn services performed. Mrs. Piccione seems to be attempting to take loyal service for fifteen years, and now attempt to smear those services to get a new fence. Sharp Cut is unable to identify what the fence has to do with service and vice versa. No breach has been identified and therefore, no cause of action upon which relief can be granted exists.

    WHEREFORE, this is a complaint wrought with legal conclusions not supported by fact, factual inaccuracies and flat out fabrications. This is a complaint intentionally put into the public forum because the Complainant, knowing how small the community dynamic works, is attempting to extort money for home improvements while preying on the fear of this company to not want to stain its impeccable twenty-five year reputation in the community. Sharp Cut Lawn Care is requesting that this complaint be closed, and that an apology is issued in some form similar to the public nature of the complaint itself.


    Regards,



    Sharp Cut Lawn Care
    Todd Altieri
    PO Box 103
    Nazareth, PA 18064
    "

This claim will remain posted until resolved.

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