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HomeMy WebLinkAbout02-4996.xRY DEIMLER & SON CONSTRUCTION, 1NC., Plaintiff VS. STEVE GRADY and PATTY GRADY, his wife, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02- q q6 CIVIL ACTION - LAW 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 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 Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 NOTICIA Le han demandado a usted en la cone. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apadencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su jpersona. Sea avisado que si usted no se defiende, la corte tomara medidas y pude entrar una orden contra usted sin previoi aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUA DONDE SE PUEDE CONSEGUIR ASISTENCIAL LEGAL. Cumberland County Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 1 GARY DEIMLER & SON CONSTRUCTION, INC., Plaintiff VS. STEVE GRADY and PATTY GRADY, his wife, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. q-rpco CIVIL ACTION - LAW COMPLAINT AND NOW, comes the Plaintiff, Gary Deimler & Son Construction, Inc., by and through its attorney, Francis M. Socha, Esquire and hereby files this Complaint against Steve Grady and Patty Grady, husband and wife, and in support thereof, avers the following: 1. The Plaintiff, Gary Deimler & Sons Construction, Inc. (hereinafter "Deimler"), is a Pennsylvania corporation with registered offices at 6530 Derry Street, Harrisburg, Dauphin County, Pennsylvania. 2. The Defendants, Steve Grady and Patty Grady, husband and wife (hereinafter "Gradys") who reside at 512 Gale Road, Camp Hill, Cumberland County, Pennsylvania (hereinafter the "Residence and/or Property"). 3. Deimler is engaged in the business of remodeling, renovations, additions and building design. 4. On October 3,2001, Deimler and Gradys entered into a written design/build agreement which provided Deimler to perform on-site field measurements, prepare drawings of existing conditions, prepare concept plans and specifications, working drawings, and to hire interior consultants to assist in the above-described scope of work. A true and correct copy of the Agreement is attached hereto and marked as Exhibit "A'. CO UNT I BREA CH OF CONTRA CT 5. Deimler incorporates the allegations and facts set forth in paragraphs 1 through 4 are incorporated herein and made a part of this Count. 6. Pursuant to the terms and conditions of the agreement, Deimler prepared plans, drawings and specifications for the remodeling of the Grady's premises. 7. Gradys made an initial deposit of $2,000 for the design work for additions and renovations to the Dwelling. The provision of the Agreement selected by the Gradys regarding Deimler's compensation are set forth in Section 3, Option #2: Owner shall pay Gary Deimler & Sons Construction, Inc. in the following manner in lieu of the above compensation: 3.1 $2.000.00 deposit is due upon execution of the Agreement. The following charges will be billed: Designer Principle Architect Draftsman $100.00/hour $125.00/hour* * $ 50.00/hrour **Any architect engaged by Gary Deimler & Sons Construction, Inc. Will be contractually responsible to Gary Deimler & Sons Construction, Inc. and will NOT be responsible to the Owner. If an architect must be engaged, SMB&R architects will be the architectural firm that Gary Deimler & Sons Construction will engage. 8. On or about January 2002, the plans, drawings and specifications were prepared by Deimler and presented to the Gradys for their review and approval. 9. In March 2002, the Gradys indicated that the plans, drawings, and specifications exceeded the remodeling budget set by the Gradys. 10. On or about May 2, 2002, Deimler submitted to Gradys a final invoice covering the design work and drawings in the amount of $6,500 which represented the balance due for the work for the preparation of the plans, drawings and specifications for the remodeling of the residence. (A true and correct copy of the invoice is attached hereto and marked as Exhibit "B"). 11. The Agreement provides that payment is due upon receipt. 12. The Agreement provides for the recovery of all attorney fees incurred in the enforcement of the Agreement between the parties. 13. Deimler contends that it has completed all the plans, drawings and specifications were in a good and workmanlike manner and in accordance with the terms and conditions of the Agreement. 14. The total amount due by the Gradys is as follows: Original contract amount for design work $8,250.00 Deposit Received ~ Balance Due $6,250.00 15. Deimler contends that the Gradys have failed to pay the balance due under the Agreement. 16. The amount claimed by Deimler falls within the compulsory arbitration provisions of the Court of Common Pleas of Cumberland County WHEREFORE, Deimler demands judgment against the Gradys in the amount of $6, 250 together with interest, attorney fees, sheriff filing fees and cost of litigation. COUNT II UNJUST ENRICHMENT 17. The allegations as set forth in paragraphs 1 through 16 are incorporated herein and made a part of this Count. 18. In the alternative, Plaintiffasserts that it is entitled to compensation based on unjust 3 enrichment. Services rendered by Deimler constituted unjust enrichment to the Defendants since the Defendants never paid for the plans, drawings and specifications which were prepared by the Plaintiff and were, in fact, used by the Defendants in the renovation of their residence with slight, if any, modifications. WHEREFORE, Deimler requests judgment against the Gradys in the amount of $6,250 together with interest and costs of litigation. DATED: pleadings deimler-grady com Respectfully submitted: ncis M Socha, Esquire 2201 North Second Street Harrisburg, PA 17l 10 (717) 233-4141 I.D. #29101 Attorney for Plaintiff 4 Exhibit A DESIGN / BUILD AGREEMENT .T. HIS DESIGN DEVELOPMENT AGRE~_.~VlENT ("Agreement") is made and entered into this ~ day of -Se. tzlamaber (~)~9, , 2001, by and between Steve and Patt¥.'~l~Grad¥ ("Owner") and Gary Deimler & Sons Construction, Inc. WHEREAS, Owner desires to remodel or expand a certain portion of their residence located at: 512 Gale Road Camp Hill, PA 17011 ("Residence", also referred to as "Project"); and WHEREAS, Owner desires to engage the assistance of Gary Deimler & Sons Construction, Inc. to finalize the details of remodeling the residence. NOW, THEREFORE, Owner and Gary Deimler & Sons Construction, Inc. hereby agree as follows: 1. SCOPE OF WORK "Scope of Work" shall constitute the finalization of the Floor Plans and General Specifications and to determine the final details and configurations for the Project. Perform on-site field measurements of existing conditions. 1.2 Preparation of drawings of existing conditions. 1.3 Plans. The "Plans" drawn as part of this Agreement shall mean final concept drawings to help communicate the proposed design to the client. 1.4 Specifications. Finalize the Project specifications. 1.5 Working Drawings. The Scope of the Work does NOT include working drawings. (These are included as part of the construction package.) 1.6 Interior Design Consultants. Gary Deimler & Sons Construction, Inc. may hire interior design consultants to assist in the Scope of Work. 2. CONSTRUCTION COST ESTIMATE. Gary Deimler & Sons Construction, Inc. will provide a final estimate of the cost to construct the Project ("Cost Estimate"). Factors which may affect the ultimate "Cost Estimate" and which are not included in the Cost Estimate are: availability of labor and materials, building code updates to the existing Residence, concealed or unknown conditions of an uhusual nature which may be encountered below ground or in an existing structure. Project Budget Range: $135~000.00 $155~000.00 3. COMPENSATION. Option #1: Owner shall pay Gary Deimler & Sons Construction, Inc. in the following manner: 3.1 A non-refundable fee of $1~000.00 payable at the time Owner executes this Agreement. This fee is separate from any construction or design fees that Owner may owe Gary Deimler & Sons Construction, Inc. 3.2 A fee equal to seven percent (7%) of the construction quotation provided by the Contractor shall be charged for the complete set of design drawings. 3.3 A fifty percent (50%) deposit shall be required at the commencement of the existing condition drawings and the balance due upon completion. Option #2: Owner shall pay Gary Deimler & Sons Construction, Inc. in the following manner in lieu of the above compensation: 3.1 $2~000.00 deposit is due upon execution of this Agreement. The following charges will be billed: Designer $100.00/hour Principle Architect $125.00/hour** Draftsman $50.00/hour **Any architect engaged by Gary Deimler & Sons Construction, Inc. will be contractually responsible to Gary Deimler & Sons Construction, Inc. and will NOT be responsible to the Owner. If an architect must be engaged, SMB&R architects will be the architectural firm that Gary Deimler & Sons Construction, Inc. will engage. 3.2 Statements shall be rendered on a monthly basis for partial payments and upon completion. Payment terms are due upon receipt of invoice. The fees in section 3 will be waived only if the project is constructed by Gary Deimler & Sons Construction, Inc. within one year of design. All monies paid to Gary Deimler & Sons Construction, Inc. will be credited towards the project "L~' Gary Deimler & Sons Construction, Inc. builds the project within one year of the completion of the design. 4. OWNERSHIP OF PLANS AND SPECIFICATIONS. Gary Deimler & Sons Construction, Inc. shall retain ownership of all original Plans and General Specifications. No use of the Plans other than by Gary Deimler & Sons Construction, Inc. is'permitted. Owner shall be given copies of the Plans and Specifications for Owner's pe~rsonal use only.~'Owner has no authority to utilize the Plans and General Specifications. If Owner hires a contractor other than Gary Deimler & Sons Construction, Inc. for the Project, and the contractor utilizes the Plans and General Specifications, Gary Deimler & Sons Construction, Inc. shall not be liable for any costs, expenses, or damages of any nature of either Owner or the contractor. 5. TERMINATION. This Agreement may be terminated by Gary Deimler & Sons Construction, Inc. upon ten (10) days' written notice should the Owner fail to perform their obligations under this Agreement. This Agreement may be terminated by the Owner upon ten (10) days' written notice. 6. DEFAULT. In the event Owner defaults under the terms of this Agreement, Owner agrees to pay all Gary Deimler & Sons Construction, Inc.'s costs and disbursements, including all attorneys' fees, incurred in enforcing this Agreement. Gary Deimler & Sons Construction, Inc. shall be entitled to recover such amounts whether or not such costs are incurred in connection with a judicial or administrative proceeding. CLIENT Address: 7. GENERAL PROVISIONS. 7.1 Notices: All notices, requests, demands, and other communications to be given as part of this Agreement, shall be in writing and shall be deemed to have been duly given if hand delivered or mailed by registered or certified mail, return receipt requested, postage prepaid, as follows: Steve and Patty .'~.Grady First Name(s) LaXst Name 512 Gale Road Number, Street Name Camp Hill City Telephone No: home (717) 763-9928 Fax Number: ( ) Email Address: PA 17011 State Zip Code work (717) 761-0414 - Steve Deimler & Sons Construction~ Inc. Attn: Craig Deimler, Vice-President 6530 Derry Street, Harrisburg, PA 17111 (717) 564-3039 ext. ll fax (717) 564-7523 email: craig@gdsconst.com or such other address as any party above shall have designated by notice in writing to a!l parties. 7.2 Entire Agreement. This Agreement constitutes the entire agreement between the parties listed above with respect to the subject matter, and supersedes all prior negotiations, understandings, and agreements in connection therewith. 7.3 Amendments. This Agreement may be amended, supplemented, or otherwise modified only by an instrument in writing signed bY all parties. 7.4 Applicable Law. This Agreement and the legal relations among the parties hereto shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania. Date: Proposed by: ~rai~r, Vice-'?Pmsident Exhibit B ,:: FINAL INVOICE DATE: MaY'~';,' 2002 Third and FINAL Notice: July 19, 2002 JOB: Dr. and Mrs. Stephen Grady 512 Gale Road Camp Hill, PA 17011 PHONE NUMBER: 763-9928 - H JOB NUI~BER: GRA001-2001-112 JOB DESCRIPTION: Billing for desxgn work for additions and renovations o home at 512 Gale Road Designer 33.25 hfs ~ $100.00 per hour $3,325.00 Draftsman 94.50 hfs ~ $50.00 per hour $4,725.00 As per our agreement, should you decide to pursue your project further and have Deimler & Sons build the project, all monies paid to Deimler & Sons will be applied towards the cost of construction. ::': AMOUNT ............................... $8,050.00 AMOUNT~ID, .................................................... $2,000.00 BALANCI~ DUE .................................................... $6,050.00 * Balance due u~n receipt. Ifpayment is not receivedwithin 15 days from the above date, a L.~%~J~r month finance charge will be a, se~sed. . ,WE~TE - Customer Copy YELLOW- Remittance Copy Gary Deimler ~ Sons Construction, Inc. 717-564-3039 Office 6530. Den-y Street 717-564-7523 Fax glan'i.nbt~ P/~ 17111 . www.gdsconst.com Craig Deimler, foregoing Complaint are true I understand that any the criminal penalties Pa.C.S. section 4904, relating to unsworn knowledge, information and belief. statements therein are subject to contained in 18 verify that the statements made in the and correct to the best of my false falsification to authorities. GARY DEIMLER & SONS CERTIFICATE OF SERVICE !, Carrie E. Cook, Secretary to Francis H. Socha~ Esquire, hereby certify that a true and correct copy ef the foregoing has been duly served on the following this /~F~/day of documents ~/~, 2002, by placing same in the U.S. First Class Hail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Dr. and Mrs. Steve Grady 512 Gale Road Camp Hill, PA 17011 Carrie E. Cook SHERIFF'S RETURN - CASE NO: 2002-04996 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEIMLER GARY & SON CONSTRUCTIO VS GRADY STEVE ET AL REGULAR RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to says, the within COMPLAINT & NOTICE was served upon GRADY STEVE the law, DEFENDANT , at 2105:00 HOURS, on the 22nd day of October , 2002 at 512 GALE ROAD CAMP HILL, PA 17011 STEVE GRADY a true and attested copy of COMPLAINT by handing to & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 9.66 Affidavit .00 Surcharge 10.00 .00 37.66 Sworn and Subscribed to before me this $ ~ day of A.D. / PrSthonotary So Answers: R. Thomas Kline 10124/2002 FRANCIS SOCHA ~ ty S~riff SHERIFF'S RETURN CASE NO: 2002-04996 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEIMLER GARY & SON CONSTRUCTIO VS GRADY STEVE ET AL REGULAR RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to says, the within COMPLAINT & NOTICE was served upon GRADY PATTY the law, DEPENDANT , at 2105:00 HOURS, at 512 GALE ROAD dAMP HILL, PA 17011 on the 22nd day of October 2002 by handing to PATTY GRADY a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6. O0 ..~_.,~ Service .00 ~',~i'i~[, Affidavit .00 ~ Surcharge 10.00 R. Thomas Kline .00 16.00 Sworn and Subscribed to before me this ~ day of ~ ,~ l~ A.D. f P/rothono~ry ~ ' ' 10/24/2002 SOCHA Eh By: ~ Deputy Sheriff GARY DEIMLER & SONS CONSTRUCTION, INC., Plaintiff Ve STEVE GRADY and PATTY GRADY, his wife, Defendants : IN THE cOURT OF COMMON PLEAS : CUMBERLAND cOUNTY : PENNSYLVANIA : : NO. 02-4996 : : CIVIL ACTION - LAW ANSWER AND cOUNTERCLAI___~_M AND NOW, come the Defendants, Stephen P. Grady and Patricia B. Grady, his wife, by and through their attorneys, Serratelli, Schiffman, Brown & Calhoon, and hereby file this Answer and Counterclaim to the Complaint filed by Plaintiff Gary Deimler & Sons Construction, Inc. 1. The Defendants are without sufficient knowledge to admit the averments with respect to the Plaintiff. Specifically, the Department of State shows the registered office of Gary Deimler & Sons Construction, Inc. as being Wormleysburg, PA. 2. The Defendants' correct names are Stephen P. and Patricia B. Grady. Their address is 512 Gale Road, Camp Hill, PA. o Admitted. Denied. As a writing, the contract speaks for' itself. COUNT ~I BREACH OF CONTRACT No responsive pleading is required. 6. Admitted in part. Denied in part. It is agreed that Deimler prepared plans. However, it is denied that the plans are in conformity with the contract entered into between the parties. Specifically, the contract called for a maximum budget of $155,000.00. The plans and drawings presented to the Gradys provided for a contract price of $223,454.00. 7. Admitted in part. Denied in part. It is agreed that the Gradys provided an initial deposit of $2,000.00 for design work. The rest of the averments in this paragraph are found in the contract, and as a writing it speaks for itself. 8. Admitted in part. Denied in part. It is admitted that drawings were presented to the Gradys for their review and approval. It is denied that the drawings were presented in January 2002. Because of lack of sufficient information as to when the plans were provided, that averment is denied. 9. It is admitted that the budget as set forth in the plans exceeded the upper limit set by the Gradys and called for in the contract. 10. Denied. As a writing, the invoice speaks for itself. 11. Denied. As a writing, the invoice speaks for itself. 12. Denied. As a writing, the invoice speaks for itself. 13. Denied. It is denied that Deimler's work was in accordance with the contract. Specifically, the contract called for a maximum construction price of the addition not to exceed $155,000.00. The plans presented to the Gradys reflected a cost of $223,454.00, which grossly exceeded the upper limit established before entering into the contract. 14. Denied. It is denied that the Gradys owe any amounts as the Plaintiff breached the contract by not providing plans and specifications within the budget agreed upon between the parties. 15. Admitted. It is admitted that the Gradys have not paid the balance requested by the Plaintiff. The Gradys believe, and therefore aver, that no amounts are due under the contract because of the Plaintiff's failure to provide plans and specifications within the budget constraints agreed upon at the inception of the contract. 16. Admitted. WHEREFORE, Defendants demand judgment against Plaintiff in the amount of $2,000.00 together with interest, attorney fees and costs of litigation. cOUNT l~II UNJUST ENRICHMENT 17. No responsive pleading is required. 18. Denied. It is denied that the Defendants specifications that were prepared by the Plaintiff. WHEREFORE, Defendants request judgment $2,000.00 together with interest and costs of litigation. relied on the plans, drawings or against Plaintiff in the amount of 19. COUNTERCLAIM pLAINTIFF'S BREACH OF CONTRACT paragraphs 1-18 are incorporated herein by reference. 20. The Contract between the parties provided that statements shall be rendered on a monthly basis and the payment terms were "due upon receipt of invoice". The Plaintiff did not bill the Gradys in November 2001, December 2001, January 2002, February 2002, March 2002 or April 2002. Had the Gradys been aware of the excessive charges on the contract, to wit: 33.25 hours of designer time and 94.5 hours of draftsman ti:me, the Gradys would have had ample opportunity to pay the amounts due on a monthly basis, and in the event that the project could not be brought in within the plan budget, could have terminated the contract. 21. The parties agreed that the project budget :range was from $135,000.00 to $155,000.00. The plans provided by the Plaintiff exceeded the upper estimate by $67,454.00. Accordingly, the Plaintiff failed to deliver the agreed-upon product, and the Gradys are entitled to a refund of the $2,000.00 deposit paid on the contract. WHEREFORE, Gradys request judgment against Plaintiff in the amount of $2,000.00 together with interest and costs of litigation. Respectfully submitted, SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. ~John D. Sheridan, Esqui Supreme Court I.D. #82275 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110 717-540-9170 Attorney for Defendants 4 vERIFICA~tION I verify that the statements made in the foregoing Answer and Counterclaim are true and correct. I ur~d~stanfl that false stammants h~rein are made subject to thc penalties of lB Pa. C.S. Section A904, relating to answom falsifcation to a~tthorities. Dated: ~ Dated: CERTIFICATE OF SERVIC____E_E I, John D. Sheridan, Esquire, hereby certify that I have served a tree and correct copy of the foregoing document by depositing such in the regular U.S. Mail, addressed as follows: Francis M. Socha, Esquire 2201 North Second Street Harrisburg, PA 17110 Dated: llohn D. Sheridan, Esqmre /Suite 201, 2080 Linglestown Road / Harrisburg, PA 17110 (717) 540-9170 GARY DEIMLER & SON CONSTRUCTION, INC., Plaintiff VS. STEVE GRADY and PATTY GRADY, his wife, Defendants IN THE COURT OF COMMON PLEAS CUMBER/LAND COUNTY, PENNSYLVANIA No. 02-4996 CIVIL ACTION - LAW ANSWER OF PLAINTIFF TO COUNTERCLAIM OF DEFENDANTS AND NOW, comes the Plaintiff, Gary Deimler & Son Construction, Inc., by and through its attorney, Francis M. Socha, Esquire, and hereby files this Answer to Counterclaim. 20. Denied. The written contract speaks for itself pertaining to the terms and conditions of payment and no further response is required. 21. Admitted and denied. The preliminary scope of work provided by the Plaintiff to the Defendants fell within the original budgetary range of $135,000 to $155,000. However, the scope of work was expanded by the Defendants. The cost of the expanded scope of work was presented by the Plaintiff to the Defendants in a January 2002 meeting. The Defendants indicated to the Plaintiff that they would contact the Plaintiff, after review of the proposal, and failed to do so. WHEREFORE, Plaintiff requests dismissal of the Defendants' Counterclaim. Respectfully submitted: Harrisburg, PA 17110 (717) 233-4141 I.D. No. 29101 Attorney for Plaintiff CER TIFIC/I TE OF SER VICE I, Carrie E. Cook, secretary for Francis M. Socha, Esquire, hereby certify that a tree and correct copy of the foregoing Answer to Counterclaim has been mailed via first class to the following this ~day /l?ldl~dc ~, 2003. John D. Sheridan, Esquire SERRATELLI, SCHIFFMAN, BROWN & CALHOON, PC Suite 201 2080 Linglestown Road Harrisburg, PA 17110-9670 Attorney for Defendant VERIFICATION PURSUANT TO Pa.R.C.P. 1024/c) Date: Febz u~zy 2003 pl eadings-deimler-at t y. vet Francis M. Socha, Esquire, states that he is the attorney for the party filing the foregoing document; that he makes this affidavit as an attorney, because the party he represents lacks sufficient knowledge and information upon which to make a verification and/or because he had greater personal knowledge of the information and belief than that of the party whom he makes this affidavit; and/or because the party for whom he makes this affidavit is outside the jurisdiction of the court, and verification of none of them can be obtained within the time allowed for the filing of the document; and that he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification of authorities. ~o~yM~Sr°~Q ~~ & Son Construction, Inc., Plaintiff