HomeMy WebLinkAbout96-05529
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COMMONWEALTH 0' PENNSYLVANIA
COUIY Of COMMON PLlAS
NOTICE OF APPEAL
JUDICIAL 0151'I1C1
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FROM
DISTRICT JUSTICE JUDGMENT
COMMON'LEASN.. 9..LL- 55~ C,vll~rfY)
NOTICE OF APPEAL
Notice is given thot the appellant hen filed in the above Court of Common Pleas on appeal from the judgment rendered by the District Justice on the
date and in the case mentioned below.
NAM.E Of APPElLANT
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.A.OOA:E.SSOfAl'9E1.t.ANT CITV
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NO. ~ LIRE APPELLANT OR HIS ATTOfINEY Oll AGENT
cv 19-''57-Q, :J~ W.
LT 19
This block will be signed ONLY when this. notation is required under Pa. R.CP.JP. No.
10088.
This Notice of Appeal. when received by the District Justice. will operate os 0
SUPERSEDEAS to the judgment for possession in this cose.
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Signature of ProthonOlillY 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
(This section of foon to be used ONL Y when appeilant was DEFENDANT (see Pa. R.C'p,J.P. No. 1001 (7) in action before District Justice.
IF NOT USED, detach Irom copy 01 notice of appeal to be served upon dppeilee).
PRAECIPE, To Prothonotory
Enter rule upon _~I.lo.,^,<;. -G(<.to..l}5 , /';-6.<..y L,
Name of appeliJc(s)
(Common Pleas No. qlD - 55;Jc( L-iV i J T t'_("'~ ) within twenty (20) doys after service of rule or suffer entry of judgment of non pros.
!J~~. &.,~,
Signa/UTe 01 appellant Of hIS attorney Of agent
I appellee(s). to file a compleint in this appeal
RULE, To
t:uo.",r;-
~o. lis ,1("(J.<"" L.
Name of appcllcc(s) I
. oppellee(s).
(1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of
service of this rule upon you by personal service or by certified or registered maiL
(2) ~ you do not file 0 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 dote of mailing.
Date: ad:... (t~ 19 qID.
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Si(1latlIe 01 '" Deputy
1Cf>C 312.&4
COURT f;i.;7. TO BE r-=-IU-L) ';'..'~-I H p\.'
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PROOF OF SERVICE OF NOTICE Of APPEAl. /;tiLl flULE 10 FILE COMPLAINT
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF H
AFFIDAVIT: 1 here!)'! 'dif',lr or a!llrrn !r'i\! I '>"I'J.~d
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receipt alt:whl'(1 b""Tf':' iln' r:(.f," 1'"
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SWORN (AFFIRMECJi /'},lJ ')uu:;c;~I~;1
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THIS nAY nF
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Title a'aflic,al
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF; CUMBERLAND
NOTICE OF JUDGMENT/TRANSCRIPT
M.tg 00&1 No
PLAIN TIFF tj...J, .nd AUm~E.S9
'EVANS-QUALLS, TRACY L.
3730 RUTHERFORD STREET
HARRISBURG, PA 17111
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09-3-05
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RONALD E. KLAIR
Add,_ 507 N. YORK ST.
MECHANICSBURG, PA
'r"'~.'17.1il::'7:66-457,5 . .
17055~000,Q
VS.
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DEFENDANT: ""' """DORESS
~ODD BROWN T/D/B/~ T BROWN
103 NO~TH ST. JOHN'S RD.
CAMP HILL, PA 17011
L
CONS CO'
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TODD BROWN TIDIBIA T
103 NORTH ST. JOHN'S
CAMP HILL, PA 17011
.~
BROWN CONST CO
RD.
Docket No,; CV-0000157-96
Date Filed; 6 I 17/9 6
THIS IS TO NOTIFY YOU THAT:
Judgment: ..
OOx Judgment was entered for: (Name)
[!] Judgment was entered against: (Name)
in the amount of $ 5 ,449.00
o Judgment was entered against
LandlordfTenant action in the amount of $ on
The amount of rent per month, as established by the District Justice, is $
o Damages will be assessed on; (Date & Time)
FOR PLaINT~E:.E-____
EVANS-OUALLS, TRACY L.
TODD BROWN TIDIBIA T BROWN CONS CO
on; (Date of Judgment) 10101/96
in a
(Date of Judgment)
"!.""
Rent in arrears $
. Damages Unjust Detention $
. Damages to Property/
Residential Lease; $
Less Amt Due Defendant $
Amount of Judgment = $
Judgment Costs $
Interest on Judgment $
Anorney Fees $
5.340.00
109.00
.00
.00
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..
This case dis.missed Jiith6Ut p;ejudice,
'; tJ
o
o
o Possession not granted,
o Levy is stayed for _ days or 0 generally stayed,
o Objection to levy has been filed and hearing will loe held;
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Possession granted,
Possession granted if money judgment is not
satisfied by time of eviction,
TOTAL
$
5.449.00
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ANY PARTY HAS THE RIGHT TO APPEAL A JUDGMENT INVOL VING A RESIDENTIAL LEASE AND AFFECTING THE
DELIVERY OF POSSESSION OF REAL PROPERTY WITHIN 10 DAYS OF THE DATE OF JUDGMENT BY FILING A
NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION,
ANY PARTY AGGRIEVED BY A JUDGMENT FOR MONEY OR A JUDGMENT INVOLVING A NONRESIDENTIAL lEASE
MAY APPEAL WITHIN 30 DAYS OF ENTRY OF THE JUDGMENT BY FiliNG A NOTICE OF APPEAL WITH THE
;~~THON~~ARY/C~~RK_O_::'HE_COUr O:~Q..~ ::S. CIVil DIVISION,
/v /Y {, Date- ~ ( ')- , District Justice
I certify that this is a true al}d correct copy O!;;tl:le reeo.: the proceedings containing the judgment
/ L /1--/'? ~ Date . ~_. -..- -----z( 2.. ---- , District Justice
My cdm~isslon expires fllst Monday of January, 2002,
SEAL
Aope 315.96
, ....
COMMONWIAUH O' 'INNSTLVANIA
COU.' O' COMMON 'LIAS
NOTICE OF APPEAL
FROM
JUDICIAL DISTRICT
DISTRICT JUSTICE JUDGMENT
COMMONOU"SN.. gf.p - 55~9 G';'; I Terfl1
NOTICE OF APPEAL
Notice is given that the appellant has filed in the above Court of Common Pleas on appeal from the judgment rendered by the District Justice on the
date and in the case mentioned below.
NAMI 01 AlftIJ.ANT
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cv 19_157-~'
LT 19
This block will b. signed ONLY. when this nota~on is required under Po. R.cP.JP. No.
1OO8B.
This Notice of Appeal. when received by the District Justice, will operate os a
SUPERSEDEAS 10 the judgment /", possession in this case.
w. (3Ro......JA) T 10 611 T./Sl..v<ru
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NAME
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SIGNA f Al'f'fll.ANT I-tS ATT I'EY AGENT '
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Signature of Prothonotary Of 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
liIing his NOTICE 01 APPEAL.
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section 01 lorm to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. '00' (7) in aclion belore Distlict Justice.
IF NOT USED, detach 'rom copy 01 nolice 01 appeal to be served upon appellee).
PRAECIPE, To Prothonotary
Enter rul. upon Eva ~\ S - Ql.w.116 , I.. 61. 'I L, . appellee(s). to fil. a complaint in this appecl
Name of a~IIc'&s)
(Common Pleas No. q(p - 55;;q C" i ) Te.rl"Y\) within twenty (20) days after service of rule or suffer entry of judgment of non pros.
!J&ML~. &.~
Signalute of appellant or hrs attomey or agent
RULE: To
E:06~\'>-
G.:I.~" lie,
,)(('1.'1 L.
. appellee(s).
Name 01 appelloels)
(1) You ore notified that a rule is hereby entered upon you to file 0 complaint in this appeal within twenty {20l days after the date of
service of this rule upon you by personal service Of by certified or registered moil
(2) ff you do not file a complaint within this time. a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. '
(3) The dcrte of service of this rule if service was by moil is the date of moiling.
Od:.. '7~19~~
L..;,cz- & Y'V\c;.4<lIY1CY1f/ ~
SiglBhIo or ~ '" ~
Date:
KJPC 312.64
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
TRACY L. EVANS-QUALLS
plaintiff,
DOCKET NO.
v.
96-5529 CIVIL TERM
TODD BROWN, individually and
t/d/b/a TODD BROWN CONSTRUCTION
CO.
Defendant.
NOTICE
You have been sued in court. If you wish to defend against
the claims set forth in the following pages, you must take action
within twenty (20) days after this complaint and Notice are served,
by entering a written appearance personally or by attorney and
filing in writing with the Court your defenses or objections to the
claims set forth against you. You are warned that if you fail to
do so, the case may proceed without you and a judgment may be
entered against you by the Court without further notice for any
money claimed in the complaint or for any other claim or relief
requested by the plaintiff. You may lose money or property or
other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland county Lawyer Referral servi.ce
Court Administrator
cumberland county Courthouse
One Courthouse square
carlisle, PA 17013
Telephone: (717) 240-6200
By:
street, suite 403
17101-1236
Attorneys for plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYINANIA
TRACY L. EVANS-QUALLS
Plaintiff,
:
DOCKET NO.
v.
96-5529 CIVIL TERM
TODD BROWN individually and
tjd/b/a TODD BROWN CONSTRUCTION
CO.
Defendant.
COMPLAINT
AND NOW, comes the plaintiff, Tracy L. Evans-Qualls, and
makes the following complaint against Defendant, Todd Brown,
individually and tjd/b/a Todd Brown Construction Co. (collectively
"Defendant") .
1. Plaintiff Tracy L. Evans-Qualls is an adult
individual residing at 948 Eppley Road, Mechanicsburg, Monroe
Township, Cumberland county, Pennsylvania, 17055.
2. Defendant Todd Brown t/d/bja Todd Brown Construction
Co. is an adult individual and sole proprietorship residing and
doing business at 103 North st. John's Road, Camp Hill, Hampden
Township, Cumberland County, Pennsylvania, 17011.
3. On August 6, 1995, Plaintiff entered into a contract
with Defendant for the application, finish compounding and sanding
of drywall at her property located at 948 Eppley Road,
Mechanicsburg, Monroe Township, Cumberland County, Pennsylvania
(hereinafter "Property"). That contract is attached hereto as
Exhibit "A".
4. On August 10, 1995, Plaintiff also entered into a
contract with Defendant for electrical work to be completed at the
Property. That contract is attached hereto as Exhibit "B".
5. Over the course of the construction of the Property,
problems arose with the quality of the workmanship being performed
by Defendant. Defendant's work was defective, substandard and not
in accord with contract specifications.
6. Defendant also performed certain extra work on the
Property without the authorization of Plaintiff.
7. On or about March 5, 1996, a meeting was held
between Plaintiff and Defendant to discuss problems with the work.
The Defendant refused to continue any work under the contracts
until he was paid for the extra work performed without the
authorization of Plaintiff.
8. Defendant also otherwise refused to continue to work
under the contracts and walked off the job.
9. Plaintiff was forced to obtain estimates from other
contractors in order to have the Defendant's work completed at the
Property.
2
.
10. The other contractors contacted by Plaintiff found
numerous defects in the work performed by Defendant and also found
the work performed by Defendant to be below industry standards.
11. Both contracts entered into between Plaintiff and
Defendant state, "[A] 11 wC'rk to be completed in a workmanlike
manner according to standard practices."
12. Defendant was in breach of both contracts because he
walked off the job and refused to complete the work in accordance
with said contracts.
13. Plaintiff lost time from employment, incurred
additional mortgage interest due to the delay in completion of the
Property, and incurred additional costs to have the Defendant's
work completed and repaired.
14. As a direct result of Defendant's breaches of his
contracts, Plaintiff has suffered losses totaling $6,080.75.
3
WHEREFORE, Plaintiff respectfully requests this Honorable
Court enter judgment on behalf of the Plaintiff and against the
Defendant Todd Brown, individually and t/d/b/a Todd Brown
Construction Co. in the amount of $6,080.75, together with
interest, costs of suit and such other and further relief this
Court deems appropriate.
/~ SUbmit~~
victor P. S a 'I , Esquire
Dilworth, Paxson, Kalish & Kauffman
305 North Front street, suite 403
Harrisburg, PA 17101
(717) 236-4812
DATED: October 25, 1996
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TODD BROWN (; ( I t?II/.~'
CONSTRUCTION CO, ((t)/ I, ..
"P"de In WrJrkmanJhlpN ,1 '
240 R Waler Street
Middletown, PA 17057
717 948-9292
PHONE Jam 7/6/f.,-
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Joe NAM[
J01 lOCATION
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We hereby submit spec,f,catlons and -esllmalu lor
fi) Applic.o.~;"w, I \;I\I~~ W"f~,,,\J,'4:i I Ohtl S'UI~')~ I 6i ~2." c1ryLJa.1/ /'1"
\"t;a.'Y\,) J he.w k"""l ) /,'>AJ. bi./~o,.) J /l.(4rJI~ ~ frtM'JeJ..;J4.HS:
a) 6Il,Stl,....~I.\-J. pla.\ - l3i/li"rJs o.re.{A. o."J ,~~ roaW\tl!.$"~e 11-
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C) Se.cu,J FIM" f )c.~
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(}) Apfl;L" ~~GY... tt Ih... II ~\"is-lv.r(. Re,:>is';ol/lY. dry~411 (.,.)"e.('(. "ee.Jec.f
~ -f{..f... /si Floc-r }145f~r 8c.'fA tH'd, ;<~ F/o<>1"" {j~-jh"Do,,^
(J) Fi!t\h~ c.V1MP6C\'^t1iv'J 6"J ~L\V\JI\:.J i. rv tJ.houe..
(j) f.,Bv.\outJ..\ 01 6.55""t\.4eJ (Oi/l.-;*'-'l-I,'CJv., Je.~ds tlhd
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All ml1"l., ,. IUIIIlnlttd to bl " ,peelfl'd All wOrk to bt compl'ted on . ...o,.m'"II.t
m.nner Iceerd'l'll to ,"ndud p'lth'" An~ .n.,.l.on or devI,l,on 'rom lbOve lptc,lu:..
t'O"l involy,nl "'" cOlts "",,11 b. ,.,evled only upoll ",,,Uln Older., and ""n bleOm. In
U'" ch"I' 0"" IInd .be.... 1''' nl,m.tl. "lIll'lfm.nts cOl"lllnlltnl upon It''k... '(C,den"
"f dtl'Y' be)'olld our (ontrOI, Own,' 10 UII)' 1"" torn.do 1M all'll' uecnul1 onlUlllne..
Our work." .11 lull)' COYlr,d by Workm,n', CompenUllon InlulanCf.
hereby to furnish malerial and labor _ complete in accordance with above specifications. for the sum of:
FilL..r Ik,,^o/{,f'} F, t lr - dollars ($ ~l '-/)"O.O() ).
o h S fo.r-f {\lAd. "I t.. "f!.
lot.
'ulhon,e<! r;;rkl W.
Signature __ __
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Note: This proposal may be
withdrawn by u!'. If nol accepted wllhin
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Ir ,/ Ok.f'
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days.
!\ttl'ptantl' pf Jrppnsal-Th' '00" pn"'. ,pe"''''',on,
and conditions are sah!.fa'lory and are hereby accepted. You are aUH\orlled
to do the work IS !Ipecifled. Paymenl Will be made as oulllned above.
Dale 01 Acceplance: Y 1(../95
S,gn,,",, - vJ~_- /J-r
SIgnature ' 4 ~..
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l)rllpuliul
TODD BROWN
CONSTRUCTION CO.
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Pa~t' No
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. PmJ. m Workm.lI.hlp"
2 40 R Waler Street
M,ddlelown. PA 17057
717 948.9292 - ~::;..,(. ;,,/ I .1'(,','
PHONE
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7/:V/Q,
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Joe NAM[
Qua/If;
JO~ L~lAT'oN g J
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W. hereby submit speelflcalions Ind -estimates f01
(D E i. c../US,'b''\ ~f J I~WMIAh)V\ D -f I al'l~1 ~ Ij)l'~ .d)
~ AS~ \"'E.t.\, f of ft\l ahocf.. JJ./I:..
D 'r1~I",..1
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cJ.rywlAJI frvftJS" I
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Br JropOSl" hereby to furnish material and labor - complete in accordance with above specifications. for the sum of:
Payment 10 be made as follows:
All mlt.ri,1 is lu.t~nlltd to Ill! 'n specl',ed. All work 10 be (omptettd in . ....orkm'nhk.
m,nn" .((ord,", 10 ,l.nd.rd prlttleu. Any ,II".I.on or de-.,.I,on 110m .boyt Ipte.f,e.-
tion. invotYinl Utll eo.1I ..It bf utcultd Onl1 upon ..,,It.n Oldtrl. .nd w,1t become In
UIII Chit'. 0'1" Ilnd .boy'lht UI,m.lt AU 'I'temtnll C(lnllnR,nl upon "',k"" IcC.d.nll
or d.t.~ b.yond our conlrol, Owntr 10 Clrry tH', lornado .nd Olh.r "'C'''''1 ,n\U'llnCt
Our WOlk.r, It, fully COy'"d b1 Wor~men'I Comp,nUlt,on Inlurlnc.
).CCl'ptantl' of Jroposal- The .00" P"cos. ,p"""",o.,
and conditions are satlsfa'tory and are hereby accepted. You are aulhorued
to do the work as spectl,ed, Payment will be made as oulltned llbove
Date of Acceptance: ~; JI.7/4~
dollars ($
Authorized
Signature
fJ o-ckA W
Note: ThiS proposal may be
Withdrawn by u!. If not accepted 1oO/I'hlO
5'8."U'" ~ Y.A~:; / 0..... M' -(.Jw//o,
Signature /t.';,1t"A~i((,I-- i>h'~ UM/iljl'.'/~
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TODD BROWN
CONSTRUCTION CO.
Page No.
Pages
'AOPOSAL SU8t"ITUO TO
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"'''!3 7 3 0 R<,~r
"Pfld. In WorkmanJh,p"
240 R Water Street
Middletown, PA 17057
717 948.9292
PHON[ -
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JOB NAM[
t" 7 (21/~)
Qu.6.lIs
JOB lOCATION 11 /.
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fj, )./," . ll.l< .i,f:,
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(j) \,)\('""~ ~ II \;.]1'15 I 5(..:'''tI...:.~ i h,~lt.r /,(.)X ) re(t.fl4.c.k, Ct."d rfJ~we(
~-;1w-e> o.U.ord,"S ~ 1k o.rt..J;jt<-140..J dV1.lt>/ky ,'Yt~'IJluw,ef
@) Tv..l/ fr~\lJ.t. a/I l/J~~) bnC\.kE.r bu'/, ) bretlkers) I~kf 5~;~L.,'::'1
rt c..~f~c.../d I SrtJ..I>'J.~v..1J ,',dr"uf/w I 511JlUldl~ I tlJ.A t';o..Q...-kr box,
OAT[ o~ PLANS
W. hereby submit speclllc.allon~ and estimates lor
f\t.(e.'!>S~f '
(j) 7kt. Qu...lIs v-;/I b-c. re5f~5''M t-
~c~hf wi-ft. #e. ~u.-.lsf,,? {fl~
(i) '""fL.. Q6./ls l/J'I/I 'J~/1 ~t. L..J,'l-~
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e , '-I t J()"O"
L dolla.. ($ ) ).
Ib b S IcrJ (U,cJ ~ reL<<cf/~cA I'-
t"l\ _liA'}/>/L 4. ~h ~
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m.nn.r ICcordin, 10 'l.ndud Orlttle"_ Any Illtr,t,on Of dc..."hon Irom abOve IPte,I,e.
tion, ,,,VOI,,.ni edr, co,.. win be 'Iecultd only upon wrollen order,. .nd ..,n b<<om, In
ul,. chttle over #Inll .bov. the nllmJ!e An III'um'"h cantH'lI,n! upon IlnkU. ItC,d,nts
or dIllY' btyond OU' cOII"ol. Own., to 'IFry ,.re, torn.do .nd other "ccenlly ,"'ur~nc.
Our ..ork." .r. fully covertd by Workmen., Comptnlll'on Insuflnel
AuthOrIZed ) r.; W
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NOle: Thi!. proposal may be
Withdrawn by U~ II nol accepted w,th.n
days.
Accrptancr of Jropollal- Th' obo," p"cos. """'"",,on,
and conditions are satlsfac.lory and afe hefeby accepted. You afe aut homed
to do lhe work as specified. Payment willl>e made IS outlined ebove.
Dale of Acceptance: f / / D / q ~
, ,
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TRACY L. EVANS-QUALLS
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
vs.
CIVIL ACTION - LAW
TODD BROWN, individually and
t/d/b/a TODD BROWN
CONSTRUCTION CO.,
Defendant
NO, 96-5529 CIVIL TERM
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set
forth in the following pages, you must take action within twenty (20) days after this
Answer, New Matter, and Counter Claim and Notice are served, by entering a written
appearance personally or by attorney and filing in writing with the Court your defenses
or objections to the claims set forth against you. You are warned that if you fail to do
so the case may proceed without you and a judgment may be entered against you by
the Court without further notice for any money claimed in the Answer, New Matter,
and Counter Claim, 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 PAPERS 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.
Court Administrator
Fourth Floor, Cumberland County Court House
Carlisle, Pennsylvania 17013
Telephone: (717) 240-6200
~
BlI()W/ojA~'l'lJ'Kl"'1',.O''il~
TRACY L. EVANS-QUALLS
Plaintiff
vs.
)
)
)
)
)
)
)
)
)
NO. 96-5529 CIVIL TERM
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
TODD BROWN, individually and
t/d/b/a TODD BROWN
CONSTRUCTION CO.,
Defendant
ANSWER, NEW MATTER AND COUNTERCLAIM
1. Admitted.
2. Admitted.
3. Admitted in part and denied in part. It is admitted that Exhibit A
represents a true and correct copy of the contract for the drywall work entered into
between the parties, but it is denied that any portion of Exhibit A which is written
on by Plaintiff forms a part of the contract, and that portion of the exhibit is denied.
4. Admitted in part and denied in part. It is admitted that Exhibit A dated
7/24/94 entitled "Proposal" is a true and correct copy of the contract between the
parties for the electrical work. It is denied that any written additions on the
contract by the Plaintiff are part of the contract and further it is denied that the
equipment list is a part of the contract between the parties.
5. Denied as stated. It is specifically denied that Defendant performed work
in an unworkmanlike fashion or that it was defective. It is further denied that
1
.
Plaintiff ever raised any work-related problems with the Defendant during the
course of the project.
6. Denied. It is specifically denied that Defendant did extra work without
the authorization of Plaintiff.
7. Denied as stated. It is specifically denied that any meeting which
occurred in March of 1996 between Plaintiff and Defendant was to discuss any
problems with the work. It is averred that the only meeting that took place
between the Plaintiff and Defendant was as a result of the Defendant's
unwillingness to continue to work on the project until the extras had been paid for
in full.
8, Denied in part and admitted in part, It is specifically denied that
Defendant walked off the job and breached the contract between the parties. It is
admitted that the Defendant walked off the job, but only after notifying Plaintiff
that he intended to do so if Plaintiff would not pay the outstanding extras in full
prior to completion of the drywall work.
9. Denied, After reasonable investigation, Defendant is without knowledge
sufficient to form a belief as to the truth of this averment and therefore it is denied
and strict proof thereof is demanded at the trial of this case.
10. Denied. After reasonable investigation, Defendant is without
knowledge sufficient to form a belief as to the truth of this averment and therefore
2
it is denied and strict proof thereof is demanded at the trial of this case,
11. Admitted.
12. Denied. Paragraph 12 is a legal conclusion and therefore no answer is
required. To the extent that an answer is required, it is specifically denied that
Defendant breached both contracts. It is averred that Defendant stopped working
on the project because Plaintiff failed or refused to pay for the extras incurred on
the project.
13. Denied, After reasonable investigation, Defendant is without
knowledge sufficient to form a belief as to the truth of this averment and therefore
it is denied and strict proof thereof is demanded at the trial of this case.
14. Denied. After reasonable investigation, Defendant is without
knowledge sufficient to form a belief as to the truth of this averment and therefore
it is denied and strict proof thereof is demanded at the trial of this case.
WHEREFORE, Defendant demands judgment against Plaintiff together with
costs of suit.
NEW MATTER
15. Paragraphs 1 through 14 are incorporated herein by reference.
16. In the spring of 1995 the Plaintiff contacted the Defendant to provide a
PI'oposal for the construction of a certain house located at 949 Eppley Road,
Mechanicsburg, Pennsylvania.
3
17. Pursuant to that contact, the Defendant prepared a bid proposal for the
entire construction of the house.
18, Plaintiff subsequently advised Defendant that she would not be using
Defendant for the construction of the entire house, but rather wanted to hire
Defendant for the drywall work and the electrical wiring work only.
19. On or about July 6, 1995, Plaintiff entered into a contract with
Defendant for the completion of certain drywall work.
20. On or about July 31, 1995, Plaintiff and Defendant entered into a
supplementary contract changing the terms of the original drywall work by deleting
all of the work related to the basement. The total amount that Defendant was to
be paid for the work performed was $5,650,00,
21. On or about July 24, 1995, Plaintiff and Defendant entered into a
contract for certain electrical work to be completed on the project, The total
amount that Defendant was to be paid for the electrical work was $4,680.00.
22. Defendant began doing the electrical work and subsequently completed
all rough-in of the electrical work in accordance with the agreement between the
parties.
23. During the period of time that Defendant was doing the electrical work,
Plaintiff continually requested that he do extra work which included work for the
4
basement which was originally not contemplated by the contract entered into
between the parties.
24, Defendant advised Plaintiff that he would do the extra work but would
be invoicing Plaintiff separately for the work perfo/med.
25. Defendant also completed the drywall work in accordance with the
specifications of the contract be:tween the Plaintiff and Defendant.
26. During the course of the completion of the drywall work, Plaintiff
required Defendant to do additional work.
27. Defendant advised Plaintiff that Plaintiff would be billed separately for
the additional work above and beyond the original contract price agreed upon
between the parties.
28. Defendant invoiced Plaintiff for the extra work involved with the
electrical work and for the extra work involved with the drywall work and was
advised by Plaintiff that she would not pay for those extras.
29. Defendant advised Plaintiff that he would not continue to work on the
project until the payment for the extras has been made.
30. Plaintiff advised Defendant that she had no intention of paying for those
extras.
31. As a result of Plaintiff's failure to pay for the extras in accordance with
the invoices provided to her, Defendant terminated work on the project.
25
32. The drywall work and the electrical work contracted for with Plaintiff
under the original proposals were substantially complete by the time that Defendant
left the project.
COUNTER CLAIM
33. Paragraphs 1 through 14 are incorporated herein by reference,
34. The original contract between the Plaintiff and Defendant for the drywall
work was $5,650.00.
35. Defendant was paid a total of $5,000,00 for the work that he
performed on the project,
36. The amount of work needed to be completed on the project accounted
for less than the total amount due under the terms of the contract.
37, Defendant invoiced Plaintiff for the extra work related to the extras
performed on the project, Those extras accounted for $772.00. Attached hereto
and marked as Defendant's Exhibit 1 is a true and correct copy of the invoice
showing those extras.
38. The original electrical contract between the parties was $4,680.00.
Plaintiff paid Defendant $3,880.00.
39. The remainder of the work under the original contract between the
parties is far less than the amount unpaid by Plaintiff to Defendant.
6
40. Defendant did extra work which totaled $951.00. Attached hereto and
marked as Defendant's Exhibit 2 is a true and correct copy of the invoice for that
work.
41. Plaintiff has failed to pay Defendant for the extra work that Defendant
completed on the project,
42. Plaintiff has breached the agreement with Defendant to pay for the extra
work that Defendant performed on the project which was authorized by Plaintiff
and which was agreed to be paid at the time that the work was completed.
43. Defendant has been damaged in the amount of $1,723.00.
WHEREFORE. Defendant demands judgment against Plaintiff in the amount
of $1,723,00.
Respectfully submitted,
1. ,,;;
MICHAEL L. BANGS
Attorney for Defendant
302 South 18th Street
Camp Hill, PA 17011
(717) 730-7310
Supreme Court ID #41263
7
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I have this day served the foregoing Defendant's
Answer, New Matter, and Counter Claim by depositing a copy of same in the
United States mail, postage prepaid, at Camp Hill, Pennsylvania, addressed to the
following:
Victor P. Stabile, Esquire
305 North Front Street
Suite 403
Harrisburg, PA 17101-1236
DATE: doNf,.,.."bJ"t~ t
Vlt.~f J 7i: J
MICHAEL L, BANGS;-$QUire
;..'4'
DEFENDANT'S EXHIBIT 1
(Invoice for additional drywall work)
P"OI'01Al 'U'MIT~ fa
Ira, y..J:.Q~ . Qw... /1$ AI,<
S'"H
Propl1.aul
TODD BROWN
CONSTRUCTION CO.
"Pfld~ In WOI/(manship"
240 R Water Street
Middletown, PA 17057
717 948.9292
Page No
01
Pages
,
PHONE
J O'r[ 3 II ht
CI'Y, "AT[ AND ZIP coor
lOB NAM[
~Ib
JOB LOCAT~ON Q'l8
t(),~1.A
JOB PHONe
""CMIHcr
Ia.
COlMr".,d,~ oi 'h." drYuJo./1 I'k. 11..e. MW
e'f,c-luc.l,\t.j +ht jo.rr..j~ o.N:t /;ase~e....-J.) Js-Io/(d
Or-~I),,,I ffb!tJSo...I prl\c~ 1IS;.(Sf).oo
f{yYkf......-h re<:e().u~. 1196 !'<ISOO,(}O
2h h( ;:- :<,!ft;, DO
.80. ~\\(€. ~ or ij/'>-a./ pYbp:>sa./ f C5l),iJ{)
t ~r;>Q.5 {.c.r c..~\1je.s c..cPded.
@ Cot'\po(,l~I~ m lJJa.lIs~cle. Jrywo.lI l>e.siJe. a/I tie w/\...dows ,'>t 'f/.f...
G-r-ec.,:f /l..O()'M. I 5/h,€ ca.s,~ J.::..s bee~ Je.W" , 13,5;"0
~ ;-Vl~-illo:I-Jcl1\ 0.11.,,\ ,J'~isll CG,"pol.n\OI,~ cf 'I).."drywtl.l/-lo #e. S-k/y- $/'fJe.
fi~"'~ I /sf- flour- Ie.ue.-l 01'.7' tJiff..e. s-k'trW6.( VlE.y.1 '-), fAe.{r4doof!.2'1o,
'j) In.S~/I(Nf.~"" 6.~ -j""",'sh c""'f"ul1d,~ d '/.z/'clrflJ,J()./I -J, +~es*,IY-st'de. frn~~
oV\I, /Je)~ /51 ~/~, -10 ~ iJosQw.e1lt.l dear lJJ fA~ 5-h,.1'r-~e.1/ /11.<<. x.i
-Iv -fh~ 9a..~~ . "',...,.. JI.2 &6,0,",
&1" Jrnpnsr hereby to furnish material and labor - complete in accordance with above specifications, for the sum of:
ClAT[ Of PLANS
I
We hettby submit specll,callons and esllmdles fo,
(j) Tn5~/16..'II~V\ 0.110. .fi'r.1s~
J.cw,e t). + 0. hov~ o.c1JV'f.s5 J
:2"J ..fIM.kU(!.~ O'^-7-'
Payment to be made as follows:
dollars ($
).
An mlt.rlll is lu.,llntttd to be '" sp,cllltd All wo,k 10 be compleled In I ....orkmanllke
mlnntr 'ccordin; 10 Illnd,rd p,.chcn. Any .1Ierll,on 0' dl!Vlatlon from Ibov!! splclf.c,
tlonl !nvolvln; utr. costs will b. uecull!d Onlt upon "'"lten orders. and w.1I become In
ul,. char;. ovar Ilnd lbove the utlm.le. AII'III:""menh conllORent upon slrlkes, accldl!nh
ef d"lys b.yond our control. Owner 10 carry fire, tornado and other "eceuart In5urllnCII.
Ou, work." I,. fully co....'.d by WOlkmen's Compllnsatlon Insurance.
Authorized
Signature
Note: This propose I moly be
Withdrawn by U!'O ., not accepted Within
d~ys.
Attrpta"!r pf Jlrnpnsal- Th. abo," P';c,s, sP'''''',''ons
and conditions are sati!'Ofattory and are hereby acceptcd, You arc aulhoTlzcd
(0 do the work as specified. Payment will be made as oullined above.
SIgnature
S'Rnature
,
l\Irnpn.aal
TODD BROWN
CONSTRUCTION CO.
Pago No.
01
-P"d" in Workm8nship"
240 R Water Street
Middlelown. PA 17057
717 948-9292
PROPOSAL SUelUn[O TO
J om
PHONE
STRHT
JOB NAME
CITY, STAT[ AHD W" CODE
JOB loeA TlON
AFlCHITECT
JOB PHONE
OAT[ 0' PLANS
We hereby submit speclflcatJons and estimates for:
./I) '-1/7, O(J
Ahw
propose.. I
--(o ~o.. /
(j)
The.N:.. w,lI hI?. I\() .3lt6.rtJ.~!~e. Oojo..,'r.si cr-o..c..I:,......ju-f'o~I'O(O,~
dr cl.f''t..~a..1/ 3~e.~ ~ -ft...E- ~c..y. tho-I- h<.o.l\r lJ 'fAt.. st/u.d.s
V.1Ac.l ~V\'\'''J '" I'e... V\o ~ no..,'/e J.. a. cJe.r UtA f~.. Aal\Y sr/ttds
ho..J-I( o""lr V 1-\ { /Ilo..)1 l ,,,,- fh e Y\d s o.l'\~ YI1A"'{ c.or'^-e.r- ~
ho-ve. o....lr. ""'~ !i\iAU I~ fl..€- CfC",,*-r- of +/..(. Ie.l'\.j ft.. t/o 'lie
tklM ~~4.:/{\!r,
(i) c..1 e.o."I\. 5W\!~\'^j
o1f -/{e ..floor I
tk~ +ks
sfoJs, (){c.c.')t1rl.A.~
tl.~
re. \o\W (.J J\tj c. '^ r
JIll' 'rOpOS1" hereby to furnish material and labor - complete in accordance with above specifications, for the sum of:
OM T~c);US~w- dollars($ /'117,00 ),
Pa,menl 'I' be m.de .. fo' ow., I Jill J' U_. I, I II ./
LV It 0. ~ I\a. ,06,()(.) ~'^ 1lt5~{(/l.11~'I\
Allm".~~r'~!!O"~:~A~'~O:,~~.~.~~".~l nlUO.~J~~ t30~aCJ )~\\. (.[.\\AfJdtM
mlnn" .ccordln; to "t."dud pr'tt!c". Any Iller.tion or deyiation Irom .bOYI IptCllic.. Authorized ~ ~ WI ,~
lions In.,olvlll& ._tr. COltl ....111 b, uecllted only upon ,,,mitt" orderl, .nd will become III Signature - - -
'xlt, chi',. over IInd .boy,the "llm.te. "lIal'eemenh (oohnRtn! upon strl~u. JC(ldents 5 ..,
0' dillY' beyond Ol/t conlrol. Own., 10 Clrry lire, tornado .nd other utcnury Inlurllnee. Note: This proposal may be '..J V
Our lJI'lIrkl'l Ir. fully covertd byWorkme"', Compensation Inlur.nce withdrawn by U~ II nol accepted within I ~-r
!\trepfanre of Jrnpnllal- The .00.. pr;ec., .pe"t".',on.
and conditions are satisfactory and are hereby accepted, You are authortzed Signature
to do the work lIS specified. Paymenl will be made as outlined above.
Signalure
Pages
days.
r
Jropll.anl
TODD BROWN
CONSTRUCTION CO,
"P,"d~ In Workmllnship"
240 R Water Street
Middletown, PA 17057
717 948-9292
Page No.
f
of
2..
Pages
PROP05A~ITT[D TO ~
r. ( . t L-Utlll\ -
STREET ,
(14~ ~u}t., ~d.
CITY. STATE AND liP at l
)....1 f L A'll,t ,', ( fA
ARCHITECT
PHONE
J DATE
2 /1819,
(\
JOB NAME
JOB ~,)CATION
17,JS)'
04n Of PLANS
JOB PHONE
We hereby submit speCificatIons and eshmales for;
T/'\Vo,'((; -[,,~ E: Y'";"fZ, elf. c.. fr,'"" I
~ L' b ~..: .!llI. I ,,+ pfC;poSe1 I bli ~e d
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Dr 'rnpollt' hereby to furnish material and labor - complete in accordance with above specifications, for the sum of:
Payment to be made as tollows:
dollars ($
).
All mlt.rl., I. IUUlln'l.d to be 'I. '~cllitd. A1I1ltOrk 10 bt completed In . wOfkmlnhk.
mln"" Iccordin. to Itlnd.rd p'.CUCIS. Any Iner.tion or devi.t,on Irom .lbO'll splc,hu.
tion. involvinl ut,. COil. will b, IUlcuttd only UPOIl wflnen ordtrs, .nd .....11 bleam. In
ext,. chi"" 0"" line! lbay' the "lIml!e. "1I'1'.'m,nts cantlnA'nl upon I',,!ln, ,ccldul!
or dll.)" beyond 0'" control. Own.r to Clrry ftrt, lorn'do 1M other I1lelll..')' mlu,,,nc.
Our workl,. Ire lully co.,.red by Workmen'. Compennllon Inlurlne,
AuthOrIZed
Signature
Note: This proposal may be
Withdrawn by U!O if nol accepteo1 v"ilhin
dlY~,
Attl'ptanrl' of Jroposul- The ,00" p,ices, '",,"'IC.I,.n,
anlj conditions ara sati5factory and are hereby accepted, You are authorized
to do the work as sr..etitied. Payment will be made a~ outlined above,
Signa lure _
,;
"
Date of Acceptance: _
Signature
,
llIropo.anl
TODD BROWN
CONSTRUCTION CO,
"Pndfl in WOIJcm.nshipN
240 R Water Street
Middletown. PA 17057
717 948-9292
2.
.1-
Page No.
01
ItftOPOlAL SUBMrnEO TO
PHON!
J 0'T<
ST~UT
JOB NAME
CITY, srATE AND liP coor
J08 lOCAJ10N
ARCHITECT
DATt 01 PLANS
JOB PHONE
We hereby submit specificatIons and estimates lor:
r;, I1d"U,~,,~1 nL'f"r,.../f~ (j-,.I...r'....) II 55.0(1
2 tlJtl,,,\ Ev/\~"}1- )'5),-1 ,,,,,,60s b"'.J/. h,'t( ~...I}I.,.~/.s .N 25,0(.
I 6 J~lrJ (( , kj r;,,,, f/ / 3.~tI
I 6dJrJ. "JI'" 1..J~ Sl-: '(/. ,I, )v1~>Jr.8^1/; ~;..v(rfcld".jJ~/I$&"
;\-1"1;(,,1 r'l'fL./{ '" ~r.r6j(. g^f/, il5,,,,,
];,>/~/'~/."I .J VI""; "'" c.:{,r'j<" /1,,/1t l-,.I/, ~I"c.. -I i 25.&"
)"c.-I n..r 2 Ce' "\'j II, c. /'",.jt <11. -{,",;; jI /'i."..
I n<lfl. (.(I,le(.\ 'h, ~" .1/, I],c' J.;"n., J 7,&"
I f,.I/ (/','tl /', ()""y&I'f. Jlv,.I</"C'II_'~ ,_""" J/S,ou
1 (.(,/,\" 1.1, ('(1(/,,) ", 6,,//, 1_,J,~;,_,.t,~ "'("'_''r'''~ f//o,(",
.J -I,,",,, I ..1) 5n~~mH
.71 :?
fi;'~,,,(,\J 1,111 H~r" <vcr/I- ((,1'1'5 Ii, ~II.( c'rYlf~",llJqY.''''SII/;''s. 6....().~"
ff"(( /;5.}',,( /1'( Il!l~> 5i'/'l~uf (u;ri"r. , l,uHS I c,l~i.I(/"J't ,
~",,\ ~:,,^I ;115"1"11,,,1,',,, .+ .(;~..t('r" v t~ rov'OH.l b. 11,( (,)1,(\115.
JIll" Ifrnpose hereby to furnish material and labor - complete in accordance with
N;"t Pl"'~\"'r~i r,' t~y ()"'~
Payment IOObe ~a:e ,15 tt'~.wIS r r +
,..... "v ~ l'P"" f'( (( ,';1'1- ()
_ L u\;';p)<.l.'u" J"-lke J' ob.
I .
All matarl.l t. lu,rllntud 10 be II sl)fl:ified. All work 10 be completed in I workmanlike
manni' Iceordin,10 ,I.ndud practlc,.. An'l 11Ier.I,on or dllVi'Uon Irom .bove Spl'CI'ic.. Authorized
Ilonl lnvalvinl edr. co... will b, '..culed only upon wlltten ordl". and wUl blcom. an S'gnalure
.alr. Chlt.1 OY.' IlMd lbovt Ih,ts!lmlt.. AII'II'eements continllf!nt upon slrikn, .(e,denls
(If dl'lrs beyond our control. Owne, to carry fjr.. 10ln.do .nd olher lIeen"ry tn$urllnee.
Our workll'l I,. fully covtrtd byWorkmtn's Comptnlltion Insurlnee.
,I\V"'(f
above specifications, for the sum of:
doll... ($ 9 S/. (/()
('f I'.,~ I~ .1,,..
lIl,J
1~(
l. /Jt\
I
I II
,Jt-Jt/t
lv,
~t:w.,.v...
Nole: This proposal may be
withdrawn by u~ if not accepted within
AcC1'ptant1' nf 'ropollul- The .be" prices, sPec,t".lions
Ind conditions are saliM.clory and are hereby accepled, You are authorized Signature _
to do 1he work II specltied, Payment will be made 4S outlined above,
Signature
Page.
),
days.
IN THB COURT OF COKMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
TRACY L. BVANS-QUALLS
Plaintitt,
DOCKET NO.
v.
96-5529 CIVIL TERM
TODD BROWN t/d/b/a TODD BROWN
CONSTRUCTION CO.
Detendant.
NOTICE TO PLEAD
To the Defendant:
TODD BROWN t/d/b/a TODD BROWN CONSTRUCTION CO.
c/o Michael L. Bangs, Esquire
302 South 18th street
Camp Hill, PA 17011
You are hereby notified to file a written response to the
within New Matter to Counterclaim within twenty (20) days of
service upon you or a judgment may be entered against you.
KALISH & KAUFFMAN
By
tor P.
ID No. 374 9
305 North Front street, Suite 403
Harrisburg, PA 17101
(717) 236-4812
Attorneys for Plaintiff
DATED: December 20, 1996
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
.
.
TRACY L. EVANS-QUALLS
.
.
plaintiff, DOCKET NO.
.
.
v. I 96-5529 CIVIL TERM
.
.
TODD BROWN t/d/b/a TODD BROWN I
CONSTRUCTION CO.
.
.
DefendliDt. .
.
PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER.
ANSWER TO COUNTERCLAIM AND NEW MAT~ER TO COUNTERCLAIM
AND NOW, comes the Plaintiff Tracy L. Evans-Qualls and
files the following Reply to the Defendant's New Matter, Answer to
Defendant's Counterclaim and New Matter to Counterclaim as follows:
REPLY TO NEW MATTER
15. By way of response, Plaintiff incorporates the
allegations of her complaint to paragraphs 1 through 14 as though
the same were set forth therein at length.
16. Denied.
Plaintiff at no time contacted the
Defendant to provide a proposal for construction of her entire
house. It is further denied that the address of her home is 949
Eppley Road, Mechanicsburg, Pennsylvania.
Rather, the correct
address is 948 Eppley Road, Mechanicsburg, pennsylvania.
17. Denied.
Defendant never prepared a bid for
construction of the entire house. Rather, Defendant only prepared
proposals for the drywall and electrical work.
18. Admitted and denied. Admitted that the Plaintiff
agreed to hire Defendant for the drywall and electrical work in her
home. It is specifically denied that Plaintiff advised Defendant
she would not be using him for construction of the entire house, as
Defendant did not submit a proposal, nor was he requested to submit
a proposal, for construction of the entire house.
19. Admitted an denied. On or about July 6, 1995, it is
admitted that a proposal was submitted by Defendant for drywall
work. All remaining averments are denied.
20. Admitted and denied. It is admitted that the
Plaintiff and Defendant entered into a contract for performance of
drywall work in her home for $5,650.00, which was accepted by
Plaintiff on August 6, 1995 contingent upon mortgage approval. All
remaining averments are denied.
21. Admitted and denied. It is admitted that on
August 10, 1995, the Plaintiff executed a contract with Defendant
to perform electrical work in her house for the amount of
$4,680.00, which was contingent upon a mortgage approval, and
included basement work, well, HVAC and the septic system. All
remaining averments are denied.
22. Admitted and denied. Admitted that the Defendant
began performing electrical work, but it is specifically denied
that any part of the work, pursuant to the terms of the parties'
agreement, was ever completed. Further, the work that was
completed was defective and not in accord with industry standards
2
pursuant to terms of the agreement between the parties. All
remaining averments are denied.
23. Denied. The plaintiff never requested the Defendant
to perform extra electrical work at her house. The Defendant was
requested, however, to repair defective work and to perform
according to the terms of the parties' contract.
24. Denied. Defendant at no time advised plaintiff of
any extras to performance of the electrical work and accordingly,
never informed plaintiff that she would be invoiced separatelY for
this work. It is admitted, however, that plaintiff authorized
Defendant to install cable/smoke/phone systems for the total sum of
$255.00, which was never completed by Defendant, although Defendant
was paid for same. All other work claimed by the Defendant to be
extra was done without authorization by plaintiff and in fact, was
performed contrary to the terms of the parties' agreement which
required prior written authorization for performance of any extra
work.
25. Denied. Defendant never completed the drywall work
at the plaintiff's home, nonetheless, in accordance with the terms
and specifications of the contract between the parties. To the
contrary, the work performed by the Defendant was defective in many
regards, below industry stanuards and not done in a workmanlike
manner as required under the contract between the parties.
26. Denied. Plaintiff never requested the Defendant to
do additional drywall work. To the contrary, the Defendant claimed
items of work as extras which were disputed by plaintiff, never
3
authorized by Plaintiff, and not authorized in writing as required
under the terms of the agreement between the parties.
27. Denied. Since Plaintiff never authorized, or was
informed about any additional work to be performed by the
Defendant, it follows she was never advised that she would be
billed separately for additional work above the contract price.
28. It is admitted that Plaintiff informed Defendant
that she would not pay him for any of his alleged "extra work" as
it was either contract work or not authorized by Plaintiff as
required by the terms of their contract.
29. Admitted.
30. Admitted and denied. It is admitted that Plaintiff
informed Defendant she would not pay for the extras claimed. At
that time, the Defendant was in breach of his contract, much of his
work was defective and below industry standards and not in
accordance with the terms of the parties' contracts.
31. It is admitted that the Defendant terminated his
work on the project and abandoned the job. It is further admitted
that Plaintiff refused to pay Defendant any further money for work
performed for those reasons stated above. All remaining averments
are denied.
32. Denied. The drywall and electrical work were not
substantially complete. In fact, the work performed was defective,
below industry standards and required the Plaintiff to hire other
contractors to correct and complete the Defendant's work.
4
WHEREFORE, the Plaintiff respectfully requests that
judgment be entered in her favor and against the Defendant.
ANSWER TO COUNTERCLAIM
33. The Plaintiff hereby incorporates paragraphs 1
through 14 of the Complaint as though the same were fully set forth
herein at length.
34. Admitted.
35. Admitted.
36. Denied. Not only was work not completed by the
Defendant, but much of the Defendant's work had to be corrected as
it was defective and below industry standards. This required that
the Plaintiff hire other contractors to correct Defendant's work
and complete the drywall and electrical aspects of the project for
costs in excess of the amounts contracted for with Defendant.
37. Admitted and denied. It is admitted that under
cover letter of March 5, 1996, the Defendant attempted to invoice
Plaintiff for extra work allegedly performed by him on the project.
It is denied that the Defendant's Exhibit 1 is the document
presented to Plaintiff. Rather, the document presented to
Plaintiff was a typed, not hand written, document. All remaining
averments are denied in that the Plaintiff is without sufficient
information to form a belief as to the truth of these averments and
strict proof thereof is demanded at the time of trial.
38. Admitted and denied. It is admitted that Plaintiff
paid Defendant $3,880.00 under the electrical contract between the
parties. By way of further averment, Plaintiff also paid Defendant
5
an additional $255.00 for cable/phone/smoke detectors which were
never completed by him.
39. Denied. To the contrary, the costs to remediate and
complete the work performed by the Defendant well in excess of the
contract amounts agreed to between the parties.
40. It is admitted that Defendant presented to plaintiff
what is attached as Exhibit 2 for extras relating to electrical
work.
It is denied that what is represented on the attached
invoice constitutes extra work for which the Defendant is entitled
to any additional payments. The remaining averments are denied in
that the plaintiff is without sufficient information to form a
belief as to the truth of these averments and strict proof thereof
is demanded at time of trial.
41.. It is admitted that plaintiff has not paid Defendant
for the alleged "extra work" that Defendant prays for in his
counterclaim.
42. Denied.
It is specifically denied that the
plaintiff ever authorized the Defendant to perform extra work on
the project, or that he would be paid at the time this work was
completed. To the contrary, it is the Defendant who is in breach
of the parties' agreements and who has caused the plaintiff to
sustain damages by virtue of the necessity to correct and complete
the work performed by Defendant.
The remaining averments are
denied as legal conclusions requiring no response.
43. Denied in that after reasonable investigation,
plaintiff is without sufficient information to form a belief as to
, 1
,
I
!
6
the truth of these averments and strict proof thereof is demanded
at time of trial.
WHEREFORE, Plaintiff respectfully requests that judgment
be entered in her favor and against Defendant on his counterclaim.
NEW MATTER TO COUNTERCLAIM
44. The allegations of the plaintiff's complaint and her
responses to paragraphs 15 through 43 are incorporated herein by
reference as though the same were fully set forth herein at length.
45. Defendant fails to state any causes of action.
46. Defendant is barred from asserting his counterclaim
as he was in breach of the parties' agreements.
47. The Defendant is precluded for any claims for extra
work, since any extra work was only to be performed upon execution
of written orders between the parties. No such written orders were
ever executed.
48. The Defendant's claims are barred by the terms of
the contract which specify that all work was to be completed in a
workmanlike manner according to industry standards.
49. The Defendant's claims are barred as Defendant was
in breach of the parties' contracts, since all material was not
guaranteed as specified.
50. Defendant is in breach of his contracts with
Plaintiff as a result of his failure to substantially perform the
work.
51. Defendant is barred from asserting any claims for
recovery of other sums allegedly due, as the cost to repair and
7
VERIFICATION
SUbject to the penalties for falsification to authorities
prescribed by 18 Pa. C.S. 94904, I hereby certify that the facts
stated in the foregoing Complaint are true and correct to the best
of my personal knowledge, information and belief.
~
Dated: December 20, 1996
CERTIFICATE OF SERVICE
~3
day of December,
I hereby certify that I have this
1996, served a true and correct copy of the foregoing upon the
following by first-class mail, postage prepaid:
Michael L. Bangs, Esquire
302 South 18th Street
Camp Hill, PA 17011
\
. -,
>-: Cl ':'--
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, I
51. Denied. After reasonable investigation, Defendant is unable to ascertain
the truth of this averment and therefore it is denied and strict proof thereof is
demanded at the trial of this case.
Respectfully submitted,
VVltA,u
MIC AEL L. BANGS
Attorney for Defendant
302 South 18th Street
Camp Hill, PA 17011
Supreme Court ID #41263
2
VERIFICATION
COMMONWEALTH OF PENNSYLVANIA )
( SS:
COUNTY OF CUMBERLAND )
MICHAEL L, BANGS, being duly sworn according to law, deposes and says
that he is the attorney for the Defendant of the within action; that the facts of this
case are procedural in nature; that he is authorized to make this Verification on
behalf of the Defendant; and that the facts set forth in the foregoing Answer to
New Matter to Counterclaim are true and correct to the best of his knowledge,
information and belief.
"
NOTAAW SUI.
WEIIOY S, CH~~ No>"N P 'I'
I ' ..., 1o'Q,IC
. ..o....or .\lIt'1n T.....p.. CumbMland r :"A
I "v.- '. J ..", r
; '1, '-orn:n'l~on E:-:pi;o.( IA~'f 10 1 y,"9 1
..~-----------.:...-:-
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I have this day served the foregoing Answer to New
Matter to Counterclaim by depositing a copy of same in the United States mail.
postage prepaid, at Camp Hill. Pennsylvania, addressed to the following:
Victor P. Stabile, Esquire
Dilworth. Paxon. Kalish & Kauffman
305 North Front Street
Suite 403
Harrisburg, PA 17101-1236
DATE: ,;/ dr~ 1"1 ')
,
"
have to get the Court to approve the withdrawal of his appearance and he would have to proceed
pro se,
6, The Defendant, Todd Brown, has notified Michael L, Bangs, Esquire, thaI he does not
inlend to retain additional counsel and will proceed to defend the case pro se,
WHEREFORE, Michael L. Bangs, Esquire, requests this Honorable Court 10 grant his
requesllo wilhdraw his appearance in this case.
Respeclfully submitted,
0JwV 2~'~
MICHAEL L. BANGS 7
Attorney for Defendant
302 South 181h Slreet
Camp Hill, PA 17011
(717) 730-7310
Supreme Court ID #41263
2
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I have lhis day served the foregoing Petition to Wilhdraw
Appearance by depositing a copy of same in the United Statcs mail, postage prepaid, at Camp
Hill, Pennsylvania, addressed to the following:
DATE:~
\.,<
Victor p, Stabile, Esquire
Dilworth, Paxon, Kalish & Kauffman
305 North Front Street, Suite 403
Harrisburg, PAl 710 1
c l
WENDY S, CHE BRO
Secretary
Michael L. Bangs, Esquire
flllWWN l\.I{)fi:4M^R'jlkIlL~K10
TRACY L. EV ANS-QUALL,
Plaintiff
)
)
)
)
)
)
)
)
)
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
vs.
CIVIL ACTION - LAW
TODD BROWN, individually and
t1d1b/a TODD BROWN
CONSTRUCTION CO"
Defendant
NO. 96-5529 CIVIL TERM
MOTION TO MAKE RULE ABSOLUTE.
I, On or aboul January 8, 1998, a Rule was issued upon Plaintiff to show cause why the
relief requesled by Michael L. Bangs, Esquire, 10 withdraw his appearance should not be granled.
Attached hereto and marked as Exhibil A is a true and correct copy of lhe Rule 10 Show Cause,
2, The Rule was served upon Plaintiffs counsel, Viclor P. Stabile, Esquire, on January
2 I, 1998. Attached hereto and marked as Exhibil B is a lrue and correct copy of the certified
mail receipt card evidencing receipt oflhe Rule to Show Cause by Plaintiffs counsel.
3, As of this dale, the Plaintiff has not filed any objection 10 the relief requested.
WHEREFORE, Michael L. Bangs, Esquire, requests lhis Honorable Court to make lhe
Rule absolute and permit him 10 withdraw his appearance in lhis case.
- ~~--
CERTIFIED COPY
JAN 0 5 1995i>D
00. eoutl un. flaBBT
c-~a:._ PENNSYLVANIA 17011
"nOANE'!'
.-
- .--
...:-...,-L,......
TRACY L. EVANS-QUALLS.
Plainliff
)
)
)
)
)
)
)
)
)
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYL VANIA
vs,
CIVIL ACTION - LAW
TODD BROWN. individually and
tJd/b/a TODD BROWN
CONSTRUCTION CO,.
Defendant
NO, 96-5529 CIVIL TERM
RULE TO SHOW CAUSE
AND NOW this ~ day of -rLA.N.J- ,1998'. a Rule is issued
upon lhe Plaintiff 10 show cause why lhe relief requested by Michael L. Bangs. Esquire, to
wilhdraw his appearance should nol be granted.
SAID RULE is returnable seven (7) days from the date of service upon Plaintiffs counsel
by certified mail.
BY THE COURT,
IS/~-e.~
J.
TRUE COpy FROM RECORD
In Tc,timony ',.,k,: of. I here unto set my hand
and tlw seal of said Court at Carlisle, Pa.
This ...,'F,,::!::..... day of.....~.."..,' 19..~.r.
........._~'t".,CI...:.,'~~1:d...".......-
~. Prothonotary
EXHIBIT A