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Home My WebLink About96-01508 ! ' I ! I i , i )~ , ~ i ~ ~ "1 ~ 4 \1 J c... ~ '0 \ :; 0' NOllCI O' APPIAL C_~UWW1" 01 '.....InVANlA COU., 01' COMMOH-,-&:jAt---~ 'ROM JUDICIAl. DtITIICY DISTRICT JUSTICI JUDGMINT (_MON.LI.,S,", 96-1508 Civil TeIm _.~_m._"'__'_'__ __ ..-----...-~--.- .---".----.-..--.---~.----.-~---.--.---.--- NOTlCI O' APPIAL Nolie. ~ gi_ that tho appellant ha. filed in lhe above COUl' of Common Plea. on ""","01 from the judgment rondt<.d by the Oi,ltict Ju.tic. on tho dale and in tho CaM "_.Iioll.d bolo.< f~' "'+~ ~rOH .. (,'<<Of .,: If,.,?<- 1'0'9":"';'0 ~ u~;).. 607- 19o__12/(LS;'~C: /?; 17~C<;a QIUIOP~T ...THlCA5I0I1FW1f1,;r ~. II,(Of/IerrdIItJ~' / .:1./;)..).. /t:Jr.. J /3tl....,......... _Ti.2.<li-/'!cL_,-~e _'" ,~~~~ f ijJ'!~.z..'" CI...... ~ r ~n.iro;;;; LAN' ~ArrolF4'fOlA(ll~ 00 cP 3 .} 7 - " ., CY 19 LT 19 1hil block will be ~ ONLY when this notation i. required undo< P 10088. ' 1hil Notic. of AppeoI. when ...:ei...d by the Oi,'ric. Ju.tic., will optfOto o. 0 SUPfRSEOEAS ta tho i~t lot po....oion in this co... Sig1a/lJle 01 ProlhonoUllV '" Deputy /I appellant CLAIMANT (see Pa. R.c.P.JP, No. 1001(6) in action before District Justice, he MUST FILE A COMPLAINT WIthin twenty (20) days after filing his NOTICE of APPEAL. PRAICIPE TO INTER RULI TO fiLE COMPLAINT AND RULE TO fiLE (T/l/S section 0I1otm to be used ONLY when appellant was DEFENDANT (see Po, R.c.P,J.P, No. tOO 1/7 ) in actiOll be/ore District Justice, IF NOT USED, detach from cGJlY 01 notice 01 eppeslto be served upon appellee), 'RAICIPII To Prothonototy !ntwMe_ 'i?'~i./~""'" r.b.'/ PSI'.L 'i~ ,oppelleel.},tofileocomplointinthiJ~ T Name 01 appelletl(sl (Conwnon Plem No. 96-1508 Civil Tp.rm ) within twenty (20) day. ofttr IULlI To e..~~ ..L If'U,l' /G:,a.- 't~ee(.~ """'01_'1 ( 1) You ant no6fied thot 0 rule ~ hereby enleted _ you ta file 0 complaint in this oppeoI within _ty (20) day. 011et tho do" of oervice of this rule _ you by penonol ....ic. 01 by c.mir.d 01 reg~leted moil (2) W you do not file 0 complain' within this 6...., 0 JUDGMENT OF NON PROS WlU BE ENTERED AGAINST YOU. (3) n.. dote of _vic. of this Me if ..,vice WOl by moil i. tho do.. of moiling. _L ~n C) j'f\{...\ll.,,"""..... 10...+ ~ ~~......, 01 0IpAy OaIe:illClJ\< h IqM, 19~_ ACPC Jl~.'" COURT FILE TO BE h! ED WITH PRorWJrlorAlH COM 111twU1.'" Of ,......nYANIA coua, tii coiiiMoNiii:I;os NOTICI 0' A"IAL fROM JUlIICw. atlflOC' DISTRICT JUSTICI JUDGMINT COM_~lI.U_ %-l~,o" Civil TeeD NOTICE 0' APPIAL Notice it ;;- that the aw-llanl lie. filed in ,he aboo.e Cou" of Common PI.o. an _o/from tho judgmon, rendot.d by the Oi.,,;cI Antic. on tho ... and in the c_ "....'lo.ood bolow to~~ S' J.I-4~~ . ~'" - Gl~~~_~n,tf';~~______L5<s'_?9""3D~ 0 "3 011)- t3o~ 19,.> !J1(d ~C; (!; 17'~c;9 '3"~9G. ~~::":' 7f~~1 k'~-:~-~---~- q~~~fo.f tfJ~" s-o..- ~~v 19. OOcP 3 ~ I ~~ .;-!.[~ --J- liGNA~LO'- ;rL.iNI~..r.n; AGiN UI9 v - --- Thit bIodc wiI bo s9>Od ONlY when this noll>lian i. '"'l",,.d undor Po. R.cP,JP, No. CLAIMANT (see Pa. R,C.P,J,P' No. 1008& Thit Notice of AppooI. when _oi....! by ..... Oi.lticl Jo.Iie.. w,ll opooole at a 1001(6) Inaclion belOffl Disl1iclJuslice. he MUST SUPEll5eDEAS to ..... j~ far po.....sion in 'hi. ca.. FILE A COMPLAINT within twenty (20) days after I filing his NOTICE of APPEAL. SigouIunJ 01 ProI_. 01 DeputY- =.J --------- 'RAICI'I TO ENUR RULE TO 'Ill COM'LAINT AND RULE TO FILE (ThIs section 01 fDtm to be used ONLY when appel/iJll/ was DEFENDANT (see Pa. RCPJP No, F NOT USED. detach /rom c""y of nofico 01 awesl 10 be sellled upon appellee j, 'RAICIPI, To Plolhanotory Entor ..... upc>n 'Bit Y rl,v -I '7i~2./. ~L(. 'U.. Name oIlQ)ftIleef.' J (eo....- Pleao No. 96-1 ~OR Civil TeI1l1 100 I (7) in action beloto OIstnc/ Jus/ice, . _Ileel'), 10 file a camp/ain' in this oppeaI 1 of 1101I_ lUll. To fJ~4 ~ '" ~.e/ ~U:.. U. ....".M..(.). ,.,. 01 ~sJ at hI4 aIbnrey 01 IgInf ) (II You en noIifIod that a ..... is hofeby onleted upc>n you 10 fi. a complain' in this appoal within twenly (20) day. after the dale of .;me. of this ..... upc>n you by p."ona' """ie. .. by cortifiod .. NgisIeted moiL (2) If you do nol fiIo a complain, wijhin this limo. a JUDGMENT Of NON PROS WIU lIE ENTERED A~T YOU. (31 Tho dale of ....,. of this ..... ~ seroftco was by moil is the date of mailing. DaIo:11l0/l<.h /11".19 9{,;, I~Co- 1-') fn~f1\O'~(\ . O~ , Sip100n 01 _..... '" 00IM\I KJIC jt;,f." COURT FilE PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT ( rhl~ P/(J()! 01 'jtH...,UI MU.~' r Ii J_: f -I, L!:.' ~\" ", ,",' r t: ,'1j COMMONWEALTH OF PENNSYL"ANIA COUNTY OF ~h.J\._IL~...I?~ tI, AFFIDAVIT: I h,_~rnh'l '5Wt',if <)( dlll(fn ItMt I :;,~(~t':'J ~ ,) CCPi -~'Ilr" n,I!~;E: ()t '\~'i ' (ddtu of 'lRr'lI':II,1 __JI1_2~(,i,. receipt alf.I,:hfH1 tlN1ll.). .:tn!l j!'L1li~_-2..Q_u 11 '141 [J ,Inti ~IJflh"1 !ll,j~; ',lcr..',j t.". ii,.It':, Ire ~IIJI"'h"'i <\ddr,"; ;'1d . ,I, 'j.\r" .I;"i-/ , i "ii' i). , . I .liJPI'.1 ".':,j, /<0 dt)IlI','.JJJj'l (ilJ ~tI.~) , .. . . ?(r/~o<;'; CIVil It'v.l-'1 .Ii ( "'_i.' tJt, '1" ,It't' ill';"!! I 1'1';1', .. 'h~:"'.Ir'I!".j j!IL'/t1ln lin 1:,:U:r",I:~,~~,,,: ", ,;;,; I, i/;;;'~;"'k;'I/pif !1ft'Tf;~';"7/~;}J';I~;::'",~,~ ~;, I~':' ',j. ,'," 'X :./ ,dl,h._ j J' I. ,,' I),j': ";""':"'1 I r""'li~1 ,111,.ldllld hnreto 11' .:,! i -j, \ ;1' I'." .II: , J)~ I'; '.'- r', -t.. " " ,"; ~.'L I: ;~l-:'_;ll P:\'d,-j:+;I!t',t)\aJ to whom mild, 'jt!ndt~r':; rl)Ct!lpf at!.lr.h."d rldHI') .. ;'} hC" ;)<-, SWORN (AFFIRMED) ANU :;UB:~CnIlHJ.: BU' .1j./r.-: ~.l[ THIS _~..2il.t\ _.DAY OF /1 :Jt-,~ " i!)~, , S",,,'f:.~~~~~~,,",~,k~~ ,.. N, 17, 't_AjLl.!.~ _,,_ r,tl.o'offi!:I" M,;, commlUlon I!}lpi rl1't un __-.J.h~~_!:._rr. lj.~. ..... L"'J L:~ - , , ',U <'I -,' 0, [,: t~:i , t"":- l , , L;_ , <, J ,.." '~". t:', "I'rld,,'!I\,1 . r'~'jISfHrt:ct) ~C/J~. , . .' PS Form 3800, March 1993 .. 0;1-: ..... .' ,--~ " " ;~, u>' '" - 0 , /:/..f~~t ~ .. , ... "'1;1 .. , " .... joolo;' ~" J .--;:;.; ~ ,. , , ::1. .' ::1 , ... ;, " , OQ; ... '" r' ' " ~'.. " '" .. ., ., ,.. '\ ,.... " ~ ..., .---< [) 1-' "", III , ....' "" '.\ L ::1 ~ .., '" --_/ ~ ... "" - ... :>< ~ " <J> <J> "" .... I- - :>- .... '" III .... " "" ... . ..... " \II V - "" -.. c.. () 0 ~ \"01 0 -.. r- \ 1- ~':;:IJ(U(O at J!t'clflt ...~._....,,,-~,...,.. 1lI~~ \1I~ ijjOZ n:D ~QOCDCD ~ ;:, 5'::l n D.a~.....CD , ~ --. ! 5 ~ i"'S ~ ~:i c..... -Q ",,0 - 0 ;:. "" a < m 11I.1t _" 3 QI - . ," -0 a .. , - .0 -< ~a. . 0 ~o. ~ Ul [1J '"" '"" Ul 'U . " 'JI&IlN..l.l1N1NHU,"~'l>WlAll'a CO~ II BREACH or CONTRACT 4. Paragraphs 1 through J are incorporated herein by reference as if set forth in their entirety. 5. On or about October 4, 1994, Plaintiffs contracted with Defendants for Defendants to pave Plaintiffs driveway, grade as needed, and put in a swale to keep water off the driveway. A true and correct copy of Defendants' proposal for same is attached hereto as Exhibit "A" and by reference incorporated herein and made a part hereof. 6. Defendant George S. Hafer and Son guaranteed that the work to be performed would be completed in a workmanlike manner and according to standard practices. 7. Defendant George S. Hafer personally guaranteed to Plaintiffs that the work to be performed by George S. Hafer and George S. Hafer and Son would be completed in a workmanlike manner and according to standard practices and that if Plaintiffs had any problems they should contact him. 8. In October, 1994, Defendant installed a paved driveway on Plaintiffs' property. 9. Within several weeks and months of the Defendants' installation of the driveway, the driveway began to break up and wash away and develop puddles after rains, and grass and weeds began growing through the driveway. 2 t' .NIJ,..l.ll'lWn"..,ltLU.'\Wt,o\,llll 10. Plaintiffs called Defendants numerous times to advise Defendants of the problems that Plaintiffs were experiencing with the driveway that Defendants installed. 11. Defendant George S. Hafer advised Plaintiffs that he was very busy, but would correct the problems in the fall of 1995. 12. In the fall of 1995, Plaintiffs attempted to call Defendants several times but were unsuccessful and thus wrote to Defendants requesting that Defendants correct the problems with the driveway, but the Defendants have refused to correct same. A true and correct copy of Plaintiffs' October 2, 1995 letter is attached hereto as Exhibit "B" and by reference incorporated herein and made a part hereof. 13. Plaintiffs have obtained a quotation from an independent contractor, Locust Point Paving, for all repairs necessary to correct the problems with the Defendants' work. A true and correct copy of said quotation/proposal is attached hereto as Exhibit "e" and by reference incorporated herein and made a part hereof. 14. Plaintiffs have suffered an ascertainable loss as a result of Defendants actions of SEVEN THOUSAND FIVE HUNDRED FIFTY ($7,550.00) DOLLARS for the cost to treat the Property and make all the necessary repairs to the Property due to Defendants improper installation of a paved driveway. 3 ~. ""''k.~JlUII;~.'IWl'"'' WHEREFORE, Plaintiffs respectfully demand judgment against Defendants George S. Hafer and George S. Hafer and Son, jointly and severally, in the amount of SEVEN THOUSAND FIVE HUNDRED FIFTY ($7,550.00) DOLLARS, which sum does not exceed the limits requiring compulsory arbitration, together with interest thereon, and the costs of suit. COUNT III BREACH or WARRANTY 15. Paragraphs J. through 14 are incorporated herein by reference as if set forth in their entirety. 16. At the time Plaintiffs and Defendants contracted and agreed upon the terms of the Defendants installation of a paved driveway on Plaintiffs' property, Defendants warranted to Plaintiffs that the work would be done in a workmanlike manner and according to industry standards and practices. 17. Plaintiffs have experienced numerous problems with the driveway installed by Defendants including, but not limited to water puddling, the cracking of the driveway, the washing away of the driveway, and the growth'of grass and plants through the driveway, all of which have been brought to Defendants attention and all of which have been ignored by Defendants. 18. Said defects violate the warranty that Defendants gave to Plaintiffs regarding the installation of a paved driveway on Plaintiffs' property. 4 <:.IUIf~UIl'n'N.cIUJII~:m"'AJN 19. Plaintiffs have obtained a quotation from an independent contractor, Locust Point Paving, for all repairs necessary to correct the problems with the Defendants' work. A true and correct copy of said quotation/proposal is attached hereto as Exhibit "e" and by reference incorporated herein and made a part hereof. 20. Plaintiffs have suffered an ascertainable loss as a result of Defendants actions of SEVEN THOUSAND FIVE HUNDRED FIFTY ($7,550.00) DOLLARS for the cost to treat the Property and make all the necessary repairs to the Property due to Defendants improper installation of a paved driveway. WHEREFORE, Plaintiffs respectfully demand judgment against Defendants George S. Hafer and George S. Hafer and son, jointly and severally, in the amount of SEVEN THOUSAND FIVE HUNDRED FIFTY ($7,550.00) DOLLARS, which sum does not exceed the limits requiring compulsory arbitration, together with interest thereon, and the costs of suit. COttNT 1111 VIOLATION OF THE UHYAIR TRADI P~CTICES AND CONSUMER PROTECTION ACT 21. Paragraphs 1 through 20 are incorporated herein by reference as if set forth in their en~irety. 22. Defendants George S. Hafer and George S. Hafer and Son used unfair deceptive acts or practices as defined in the Unfair 5 e ~'_I_'~Jn'~'''''.Alt' Trade Practices and Consumer Protection Law (hereinafter "UTPCPL"), Section 201-2(4) (vi) and (vii), with reference to the intentional and fraudulent misrepresentations and knowing violations of the warranty as set forth above. 23. Defendants George S. Hafer and George S. Hafer and Son are in violation of the UTPCPL, section 201-3 by using unfair and deceptive acts or practices as set forth above. 24. Plaintiff purchased services to be provided by Defendants relying on Defendant representations and assertions that the paved driveway would be installed in a workmanlike manner according to regularly accepted standard and industry practices. 25. Plaintiffs have obtained a quotation from an independent contractor, Locust Point Paving, for all repairs necessary to correct the problems with the Defendants' work. A true and correct copy of said quotation/proposal is attached hereto as Exhibit "c" and by reference incorporated herein and made a part hereof. 26. Plaintiffs have suffered an ascertainable loss as a result of Defendants actions of SEVEN THOUSAND FIVE HUNDRED FIFTY ($7,550.00) DOLLARS for the cost to treat the Property and make all the necessary repairs to the Property due to Defendants improper installation of a paved driveway. 27. The loss referenced in Paragraphs 13, 14, 19, 20, 25, and 26 above, represents the cost that would be involved in 6 PROPOaAL ~ TO Brvan Koller ITlIUT 359 Whiskey Springs Rd. em. STATI, AND ZlP COOl Boilina Sprinas, PA 17007 w......., t.ubrM ~ioM fot' tlroposal Poge No 0/ P- Locust Point Paving . . [, 1..' ,. . 39 N Locust Point Road ' :f:j ."': ;'. . Mechanicsburg, PA 17055 10..." Phone 766-67S6 or 2..9-0....2 , """". I""TI 258-0437 November 24, 1995 JOe NAME JOB LOCATlON Dig out existing drive and haul away. (approx 598 sq yds) Grade area apply 2A Modified Stone as needed, to ensure a 4~6" Stone Base to exist. grade and roll stone to prepare surface for the application of 2" Binder (SeBe) Base surface and 1" ID-2A (lB) Wearing surface. (approx 598 sq yds) Exclusions: (Customers responSibility) 1. Permits 2, Topsoil/seeding 3, Major rock excavation "Referellces available "pOll request" ll!Ir l)roposr hereby tu 'urmsh mat...., and labor - compl.te In accordanc. w,th above speclficahons, for the sum at Seven thousand fi Va h_undred f i ft,y --------~-~------~-dollars ($ 7,550.00 ). Payment to be made in full within 15 days upon comPletion, of contract ~ AIl~..~to......-c"'" AlI__ID"~DtelItd'"._"'"""*'..""''''''* Au1noflzed ~ 1^~- ~dulGllalMlnMfdPf~ Aft.,......MIOftor~"_IOOo4~IItwIIlaoI.,"'IIOMrIQ.IlII. SlgnalUfe, · VLf CIata......~onIJUPD"..ntIltfllllr1llln..or~.---.~....~an.lIII'.tll.,~ . -_._~ ..-.Id.....~....~ AlI."MmltflG~~\lOOfI""Il" ~ or 1Ml.". Mwond Not., Thla poul may be ...,t:Ofttrul o-netliDtMI'f'.....-.m...II'dQll'ltll"C..-.,'n_aN:. Oll.I_II_.,.flolllyCQr4lItd 30 Dy w..."..,.. ~""""IM.w~ wrthdfiWn by us If not C1tpted Wlltun dIyI. ~((tptJnct of ~ropoul - The above pI'C", .poc,fica.,on. and condltion.are utiatactory and are he"by ilCcepled, You ar.,uthOfl,zed to do the wortIn specified. paymene wUI be made IS 0l.i1hned ibcwe SlgnalUfI 0", 0' Acceptance SlgnlluJe " I ' ~ . , , , , ~:s ~~ >. 0 ... 'Jl ~ .....: "" lllW 0 ::I ti ~ ~~ .... l'<"';ll I-< :l~~~ z~;j u .... > W g en ~ o <Xl := .... . .., !Ill'< C "'''' '" >~tilll I'" III C 0 O. ... I-< ....W <C ~ ,,~ U~ZI <.:> ~ ::I z IE... 0'" '" ...: of( a: ~ a. fa. ....'" C III ":0 3 0 ~:l o I-< III .... IIlW ... "" o ~ . .... ~~ " .... I-<U 0 ..: .... > III :>: - ~ ~ ~ ~~..Z III ... '" .... ~ .. ::l oS ..... C ..l o .... .", Gl W :I ~ .~ o III "'..... ..... ..: <( ..s ..... "'''''Gl ... U 04l'< ta.1.......0c ~~ <.:>1-<'" ..: ~~ >,..l 0""",, ~~ Ill" " <.:> III III '. t ~~ f:i >. ~~ ~ ii :j ~O( ~ ~'" ~:w 0 ~~ :f J 8 i ~ l'<tllj '" ~ > t1 J:5l!:3 ~ffi, 0 ~ .... . ::> U"\ "'tll 0 g ~ III >- ~l'<~ .... '" .: u >","111 J, r< . ....'" ... o ..... > '" i '" .( i:; " I u~r< '" '" 00( .... :fZ~W .u c 0010 00l ... -< os ~~ '" < a: 2 .. 0 3 ~ - :I 0-" 0( '" r<u.... '" ~ - " ~ x g;f~ . -" rn ..... ~ .. 0 -" .... .", ... o u z ~ .... tll..... . c 2 u .... <=>z .. ~ ... "'.....0 '" ~'" ~ .;1 ~r<tll .: Ql ~ .. O"'~ .... Z~ .... '" C Ql '" l'< '" OS <=> ....u . , . \q*-~ ... --' ... . ~- j . 'j" . Ii :'/" II ,-' I :, :H.) ',\. ... _.... i t''MIHIl1jQj:-r-....J.U~lllll-''..'t.' forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualguier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiendades 0 otros derechos importantes para usted. LLEVE E5TA DEMANDAA UN ABOGADO IMMEDIATAMENTE. 51 NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SOFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONAL 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Court Administrator Fourth Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 24G-6200 HANFT & VOHS k~ ~" IJ/l Michael J. J./.nA.~1' Esquire Attorney 10 No. 57976 11 West Pomfret Street, Suite 2 Carlisle, PA 17013 (717)249-5373 Attorneys for Plaintiffs l~MIlN.1J11Jil1'f\Kl"U!A<AMllNI"-"Wl'l"" coun I I BanCH OJ' COIil'1'JlACT 4. Paragraphs 1 through) are incorporated herein by reference as if set forth in their entirety. 5. On or about October 4, 1994, Plaintiffs contracted with Defendants for Defendants to pave Plaintiffs driveway, grade as needed, and put in a swale to keep water off the driveway. A true and correct copy of Defendants' proposal for same is attached hereto as Exhibit "A" and by reference incorporated herein and made a part hereof. 6. Defendant George S. Hafer and Son guaranteed that the work to be performed would be completed in a workmanlike manner and according to standard practices. 7. Defendant George S. Hafer personally guaranteed to Plaintiffs that the work to be performed by George S. Hafer and George S. Hafer and Son would be completed in a workmanlike manner and according to standard practices and that if Plaintiffs had any problems they should contact him. B. In October, 1994, Defendant installed a paved driveway on Plaintiffs' property. 9. Within several weeks and months of the Defendants' installation of the driveway, the driveway began to break up and wash away and develop puddles after rains, and grass and weeds began growing through the driveway. 2 CMIIIlCt.lJt(tT.Al'U"~lI""^ 10. Plaintiffs called Defendants numerous times to advise Defendants of the problems that Plaintiffs were experiencing with the driveway that Defendants installed. 11. Defendant George S. Hafer advised plaintiffs that he was very busy, but would correct the problems in the fall of 1995. 12. In the fall of 1995, Plaintiffs attempted to call Defendants several times but were unsuccessful and thus wrote to Defendants requesting that Defendants correct the problems with the driveway, but the Defendants have refused to correct same. A true and correct copy of Plaintiffs' October 2, 1995 letter is attached hereto as Exhibit "B" and by reference incorporated herein and made a part hereof. 13. plaintiffs have obtained a quotation from an independent contractor, Locust Point Paving, for all repairs necessary to correct the problems with the Defendants' work. A true and correct copy of said quotation/proposal is attached hereto as Exhibit "c" and by reference incorporated herein and made a part hereof. 14. Plaintiffs have suffered an ascertainable loss as a result of Defendants actions of SEVEN THOUSAND FIVE HUNDRED FIFTY ($7,550.00) DOLLARS for the cost to treat the Property and make all the necessary repairs to the Property due to Defendants improper installation of a paved driveway. 3 C;\MlIN.~lU.u'.u.AltIlIl>W"A WHEREFORE, Plaintiffs respectfully demand judgment against Defendants George S. Hafer and George S. Hafer and son, jointly and severally, in the amount of SEVEN THOUSAND FIVE HUNDRED FIFTY ($7,550.00) DOLLARS, which sum does not exceed the limits requiring compulsory arbitration, together with interest thereon, and the costs of suit. COlJ)l'1' II I BREACH OJ' WARllANTY 15. Paragraphs 1 through 14 are incorporated herein by reference as if set forth in their entirety. 16. At the time Plaintiffs and Defendants contracted and agreed upon the terms of the Defendants installation of a paved driveway on Plaintiffs' property, Defendants warranted to Plaintiffs that the work would be done in a workmanlike manner and according to industry standards and practices. 17. Plaintiffs have experienced numerous problems with the driveway installed by Defendants including, but not limited to water pUddling, the cracking of the driveway, the washing away of the driveway, and the growth of grass and plants through the driveway, all of which have been brought to Defendants attention and all of which have been ignored by Defendants. 18. Said defects violate the warranty that Defendants gave to Plaintiffs regarding the installation of a paved driveway on Plaintiffs' property. 4 ':'M.llk'UlWn\llIILlD'-'\IIIIiM)lllWn... 19. Plaintiffs have obtained a quotation from an independent contractor, Locust Point Paving, for all repairs necessary to correct the problems with the Defendants' work. A true and correct copy of said quotation/proposal is attached hereto as Exhibit lie" and by reference incorporated herein and made a part hereof. 20. Plaintiffs have suffered an ascertainable loss as a result of Defendants actions of SEVEN THOUSAND FIVE HUNDRED FIFTY ($7,550.00) DOLLARS for the cost to treat the Property and make all the necessary repairs to the Property due to Defendants improper installation of a paved driveway. WHEREFORE, Plaintiffs respectfully demand judgment against Defendants George S. Hafer and George S. Hafer and Son, jointly and severally, in the amount of SEVEN THOUSAND FIVE HUNDRED FIFTY ($7,550.00) DOLLARS, which sum does not exceed the limits requiring compulsory arbitration, together with interest thereon, and the costs of suit. COUNT 1111 VIOLATION or THE UNrAIR ~RADE PRACTICES AND CONSUMER PROTECTION ACT 21. Paragraphs 1 through 20 are incorporated herein by reference as if set forth in their entirety. 22. Defendants George S. Hafer and George S. Hafer and Son used unfair deceptive acts or practices as defined in the Unfair 5 C'IrIUtK1.laH'TN'IUU'~""I'l... Trade Practices and Consumer Protection Law (hereinafter "UTPCPL"), Section 201-2(4)(vi) and (vii), with reference to the intentional and fraudulent misrepresentations and knowing violations of the warranty as set forth above. 23. Defendants George S. Hafer and George S. Hafer and Son are in violation of the UTPCPL, Section 201-3 by using unfair and deceptive acts or practices as set forth above. 24. Plaintiff purchased services to be provided by Defendants relying on Defendant representations and assertions that the paved driveway would be installed in a workmanlike manner according to regularly accepted standard and industry practices. 25. Plaintiffs have obtained a quotation from an independent contractor, Locust Point Paving, for all repairs necessary to correct the problems with the Defendants' work. A true and correct copy of said quotation/proposal is attached hereto as Exhibit "C" and by reference incorporated herein and made a part hereof. 26. Plaintiffs have suffered an ascertainable loss as a result of Defendants actions of SEVEN THOUSAND FIVE HUNDRED FIFTY ($7,550.00) DOLLARS for the cost to treat the Property and make all the necessary repairs to the Property due to Defendants improper installation of a paved driveway. 27. The loss referenced in Paragraphs 13, 14, 19, 20, 25, and 26 above, represents the cost that would be involved in 6 RajiiJForms (" :~..... IHtAIIU(" IItt'V "~orQfllM!1 ,He l ~t 1."IGIoO Ill~U Hl\"-" 'U~J' ,'--,. .l',. '"ff ....~I".,J......,~"oJ lID,;-l," \'... . '___ PROPOSAL ~OIH..1'dl}J lIroposul _No, " - GEORGE S. HAFER AND SON RD " 2 B.rren. Church Rd. DIII.burg. PA 170111 432.2124 Qr 432.5094 0505 ... ...., -..oMI ~... .........-.. _ 10 "I- .,." NO? ., ()F ~ ::0 .,.,........,...........,"'-_efI -,.3'1sv .~, 01_._...-..-.--..-- --...--...-..-----.. --....--------..---- -..-..-----..---- ----------..---- .-''-- - Arrtplallt, at Jrdpa.al _"-__......--... -------.----- ---...... -.--.-..-..---- - --- - '011" nlll 1I.utQ.0tl..,. .Me., HU.."". NJ ".II , ' l' r ~- r""""" '" " , J J 258-0437 JOa NAME P dgu No. 01 Pages ......, (V",.., . .f ,I' '''l/' ' ',' iJ' " /j OAlli November 24. 1995 "lOropo~al Locust Point Paving 39 N Locust Point Road . Mechanicsburg, PA 17055 Phone 766.6756 or 249.0442 PROPOSJ.I. SY8MlTT60 fO Br an Koller STRliT 359 whiskey Springs ~d. c:.nv. ITATW. ANOZ,PGOOi Boilin S rin s, PA 17007 PMONE JOB LOCAOON w. htN., aubmil lpecll'icallonl 'Of: Dig out existing drive and haul away. (approx 598 sq yds) Grade area apply 2A Modified Stone as needed, "to ensure a,4-6" S.t:9,n.e Base to exist. grade and roll stone to prepare surfacefortheapplicatioo"" of 2" Binder (BCBC) Base surface and 1" ID-:-2A, (lB) We~ril1g",surJ~c.El' (approx 598 sq yds) Exclusions: (Customers responsibility) 1. Permits 2. Topsoil/seeding 3, Major rock excavation "Referellces available UpOII request" me ~ropose hereby to lurnish malerial alld labor - complele In accordance wllh above specificalions. lor the sum 01: Seven thousand five hundred f if tv ~------------------dol1ars ($ 7,550.00 ), Payment to be made in full within 15 days upon completion of contract "'I mal,'''' ,. tu""""" IQ .. .1 IOftlhd Aili _II 10 De ~ol.l'" 1ft . WOl."'.nh.. "'&nfl" KCOr~ 10 Matldlfll Il'l'KIIc" An, In,f"*" or.s-lbOftftom.llOo-e NeCofoc.w.nI'ft\OOMl\\1 ,nt" COVI"""'lM....loItMofItyypGft'"""'."OId.,.>Ol'~.gI""...f\lll'4l",.q~...,.ltI.c".'IiI. .,..,.11'I4 aoo.e "'- 'Mlmi.a All 19'''''''". C.clflllr>g'fll llllO" lb.'... I<<odlntl. Of dill'" MJ'O'ld OI.lIGOtlUQI Q"."".noCMry"".lOInHO, II\4C1Ulfln.UU""''''''IoI'I'''1 o...'-.oQi'lI'''I'IIi.II''1C:ll'i4l1d ltJ YwllRmln.. CclmM"UbCln In_ancl AuthoriZed Signature Note: ThiS paul may be WIthdrawn by US it nol cctpled WIthin daya. ~cltptal1ct of f)ropos,11 - Tho abe" Ph''', spe"r,cal,on. and conditions 1f.loIlilfactory and ar. hereby accepted. '(ou art aulhon.zed to do lhe WOf" IS specIfied Pilyment Wtll be nlJde as outlined abo..e Slgnalure _.__0_ Olle 01 Acceptance _.____.__.__.__ '- Slqn.Jlu,u . IN THE COURT OF, COMl'ION PLEAS OF CUMBERLAND COUN'fY, PENNSYLVANIA BRYAN KOLLER and TERRI KOLLER, Plaintiffs V. CIVIL ACTION- LAW GEORGE S. HAFER and GEORGE S. HAFER AND SON, Defendant NO. 96-1508 ANSWER AND NOW, comes the Defendant, GEORGE S. HAFER trading and doing business as GEORGE S. HAFER & SON, and respectfully presents his Answer to the Complaint by the Plaintiffs above-named upon a cause of civil action whereof the following is a statement: 1. The averments of Paragraph 1 are admit ted. 2. The averments of Paragraph 2 are admitted. 3. The averments of Paragraph 3 are denied. To the contrary, the business of GEORGE S. HAFER & SON is a sole proprietorship. COUNT 1: BREACH OF CONTRACT 4. No response needed. 5. The averments of Paragraph 5 are admitted. 6. The averments of Paragraph 6 are denied. To the contrary. Defendants' contract merely recited that "materials would be guaranteed as specified" and not that the work would be guaranteed to be completed in a workmanlike manner and according to standard practices. The condition of the contract, both verbal and written, was that the work was to be completed in a workmanlike manner according to standard practice under existing conditions. 7. The averments of Paragraph 7 are denied. After reasonable inves t 19at Ion the Defendant is without knowledge as to the truth of the averment contained therein and proof thereof is demanded. 8. The averments of Paragraph 8 are admit ted. 9. The averments of Paragraph 9 are denied. To the contrary, Defendant was not contacted by the Plaintiffs until the spring of 1995 at which time two cracks, each of less than six inches long existed caused by the subsiding of pre-existing subsurface stone. LO. The averments of Paragraph 10 are admitted in part and denied in part. It is admitted that Plaintiffs called Defendant and left messages on his answering device while he was on vacation in July of 1995. It is denied as to the intent of the calls. After reasonable investigation the Defendant is without knowledge as to the truth of the averment contained therein and proof thereof is demanded. 11. It is admitted that Defendant advised Plaintiffs that he would inspect the job site in the fall of L995 and make legitimate necessary repairs. It is denied that there were problems other than those recited by Defendant in Paragraph 9 above. which answer is incorporated herein by reference. L2. The averments of Paragraph L2 are admitted and denied. It is admitted that Plaintiffs called Defendant's answering service and sent the 2 . ' correspondence dated October 2. 1995. It is denied that Defendants refused to correct problems at this point in time. To the contrary. Defendants were not aware of the scop. of any problems and did not refuse to correct legitimate problems. To the contrary. Defendant, George Hafer, said he would review the premises when his workload permitted and make necessary repairs if they wer.e the result of his work and not of subsurface conditions. 13. The averments of Paragraph 13 are denied. After reasonabLe investigation the Defendant is without knowledge as to the truth of the averment contained therein and proof thereof is dsmanded. L4. The averments Paragraph 14 are denied. After reasonable investigation the Defendant is without knowledge as to the truth of the averment contained therein and proof thereof is demanded. WHEREFORE, the Defendant requests your Honorable Court to dismiss all claims under Count I of Plaintiffs' Complaint. COUNT II: BREACH OF WARRANTY 15. Defendant's Answers in Paragraph One through fourteen are incorporated by reference. L6. The averments of Paragraph 16 are denied. The terms of the contract speak for themselves but include no warranty. L7. The averments of Paragraph 17 are denied. After reasonable investigation the Defendant is without know~edge as to the truth to the averment contained therein and proof thereof is demanded. Further to the ) contrary, the Defendant's inspection revealed only two 6-inch cracks caused by pre-existing subsurface conditions and not by the Defendants. Further to the contrary. erosion from the side of the mountain abutting Plaintiffs' property was beyond Defendant's control. lB. The averments of Paragraph IB are denied. To the contrary, Defendants gave no warranties and violated no warranties to Plaintiffs regarding the installation of Plaintiffs' paved driveway. 19. The averments of Paragraph 19 are denied. After reasonable investigation the Defe~dant is without knowledge as to the truth of the averment contained therein and proof thereof is demanded. 20. The averments of Paragraph 20 are denied. After reasonable investigation the Defendant is without knowledge as to the truth of the averment contained therein and proof thereof is demanded. WHEREFORE, the Defendants request your Honorable Court to dismiss all claims u~der Count II of Plaintiffs' Complaint. COUNT III: VIOLATION OF THE UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION ACT 2i. Defendant's Answers to Paragraphs One throu~h Twenty are inco1:porated herein by reference, 22. The averments of Paragraph 22 are denied. 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