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Home My WebLink About97-01479 . ROBERT E. BROUGH, JR. tJdlbla R. B.'S CONSTRUCTION, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA v. ; No.9"! - 1"119 frZ t..J:J EUGENE NELSON and DAWN NELSON, husband and wife, Defendants . . : CML ACTION - LAW MECH4liJC'S UEN CLAIM 1. The Claimant, Robert E. Brough, Jr., tJdlbla R.B.'s Construction, is an adult individual with an address at 1104 A Pine Road, Carlisle, Pennsylvania, 17013. 2. Defendants, Eugene Nelson and Dawn Nelson, his wife, reside at 63 Red Tank Road, Boiling Springs, Pennsylvania, 17007. 3. Defendants, Eugene Nelson and Dawn Nelson, contracted with ClAimAnt m an oral agreement to perform, as a contractor, certain repairs, renovations, and additions to Defendants' home, such repairs being neceuitated by a fire. 4. Claimant'. work becan, per Defendants' instructions. on July 22, 1996. 6. As a result of the Defendants' interference with the performance of job progress and threatening conduct toward Claimant, on December 6, 1996, the Claimant was forced to leave the construction site at 63 Red Tank Road. 6. Work was performed by the Claimant based upon the bid amount quoted to Defendants' insurance company in August, 1996. The prices quoted to Defendants' insurance company dated August, 1996 are attached hereto as Exhibit -A-. 7. Claimant also performed work beyond that required by Defendants' insurance company pursuant to an oral agreement with Defendants, including the construction of an addition and certain electrical, plumbing, and roofing renovations. 8. Pursuant to bid and the aforementioned oral agreement between the Claimant and the owner, the Claimant furnished the following labor and materials: (a). Three Hundred Seventy-Seven (377) houn of labor for work required by insurer including but not limited to roofing, aiding, tloorinc, brick. windows, basement, first Door and eeoond Door 9. As a consequence of the labor and materials furnished by the Claimant to the Defendants, Claimant is owed the sum 0($17,896.64, which is currently due. 10, The property of the Defendants that is subject to the mechanic's lien claimed by the Claimant is the Defendants' home located at 63 Red Tank Road, Boiling Springs, Pennsylvania, 17007. Respectfully submitted, By: MF)' EVANS &: WOODSIDE ( ~-- ~p.( Michael D. Reed, ESquire Sup. Ct. 1.0. No. 35193 Daniel M. Campbell, Esquire Sup. Ct. 1.0. No. 72689 3401 North Front Street P.O. Box 5950 Harrisburg, PA 171l().()950 (717) 232-5000 DATED: -"'~+:'Y, Attorneys for Plaintift' Robert E. Brough, Jr., tJdlbla R.Bo's Construction -'1 R. B.'s CONSTRUCTION All TVpes 0/ Carpenter Work 1104 A PIne Road CarUsle, PA 17013 (717) 486-7576 DATE Sokilof}{d ./ktlll ~ Addrtial/ fJ . "'0 JI Jf~~ If 1XHIBn' It R. B.'s CONSTRUCTION All Tvpes of Carpenter Work 1104 A PIne ROlld CarUsle, PA 17013 (717) 486-7576 at. -.,X' q fI ~ #f~ DATE " ",. ~ " ~ - R. B.'s CONSTRUCTION All Types of Carpenter Work 11 04 A Pine Road CarlIsle. PA 17013 (717) 486-7576 Sold 10 Date Addnlu Phone DATE , DESCRIPTION AMOUNT ., t-~ R. B.'s CONSTRUCTION All Types of Carpenter Work 1104 A PIne Road Carlisle, PA 17013 (717) 486-7576 ..... g~w D..g/(r~ A MJreSl~8#l!td~f".4u~~ h.ne/fa ;~'~'/~' Phone DATE DESCRIPTION ~ R. B. '5 CONSTRUCTION All Types oj Carpenter Work 1104 A PIne Road Carlisle, PA 17013 (717) 486-7576 Sold 10 Dat.b- In 4(, Addntsa Phone.!b14 - tf.~ I./- . ff'j/d. DATE DESCRIPTION AMOUNT u..., I . ./# . ,., .~ , [ f t: , ROBERT E. BROUGH, JR. tld/b/a R.B. 'S CONSTRUCTION, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. NO. 97-1479 MLD EUGENE NELSON and DAWN NELSON, husband and wife, Defendant CIVIL ACTION - LAW AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss: I, Daniel M. Campbell, Esquire, being duly sworn according to law, upon my oath do hereby testify, based upon my own personal knowledge, as follows: 1. On Tuesday, Marcl125, 1997, a lnIe and COlTeCt copy ofa Mechanic's Lien Claim, filed on Marcl121, 1997 in the Court of Common Pless, Cumberland County, Pennsylvania at Docket No. 97-1479 MLD and Notice of Filing of Claim, were served upon Defendant, Eugene Nelson, VIA HAND DELIVERY 8\ his personal residence, which service satisfies the requirements for service. pursuanlto Pa.R. C.P. 402(1)( I ) and the Pennsylvania Mechanics' Lien Law 1149 P.S. fillOI et seq. A copy of said ShtrilTs Return isattachcd hereto as Exhibit "A." 2. On Wednesday, April 9, 1997, IInIe and COllect copy ofl Medllnic:', Licft Claim, filed on Mfth 21,1997 in the Court of Common PIeu. CUmberland County, . EllhlbIt A Iltc'" OJ'I'!-' ~. SH~RIFr-s RETURN - REGULAR CAS~ NO: 1~~7-01479 P CUMMONW~ALrH ur P~NN~YLVANIA: CO~NrY ur CUM~~~LAND flR11U;:i1l F.UIH:RT ~: .lR ET AL y~. N~;I,:;O:I ~;IJ(j,"N~: ~:T AI, sn:v~: WHIs'rl.~:F. .' Sherlff or c'"puty ::ihenf! of r:lIM/lrU.ANtl Count.y, rennlEylvania. who being duly ."tlrn according t. 0 law, say&, t.he wi th1n MI::CHANICS I, {I':N el.A IM "a& served upon IWI.SIJN ~:1JG~:N~: the def~ndaot, at lt~~:C~ HOURS, on the ~ day of M~rch 1"''-1'. at GJ R~P TANK RUAD /I(llI,HI;; SPRIN(;S" ~'A 17007 CO'Jnt}', ;: i'nnsylvan:l.a, by hand; ng to EUI;~:N~: N~;I.SON a true and attested copy of the M~CHAN(CS LI~N CLAIM together "ith NOrJO: Of' FILIN'; OF CLAIM anlf at the same tin:1r directing li1.!. attention to the contlrnts th.rlrof. . CUMBEkLAHl. . ShE'rH! 's Costs I r'c>.=~:et lr.g .....Cl....'1 C4P Affidavit ~~u~C't..r ~4f !;o .n""er~ r. -...< 0.... lA.00 J.7~ ,00 ::.00 ~,~, ,~ METTE. eVANS & WOODSIDE 04/10/1997 by ~.~ ~t-L l.II'pu .r:l -;",:-n. :I~.'! lEut-lE::r1l'ed to befor. ..e -:t..;: f1~y of ;... .\. Ct. F r 'Jthol\(\t.ry I!lchlbIB , t, it ., " "$' . ~ I. f' .,. .. , .. i " I I j I '.\ , -~ ~ ~ , , " - ~ - - == ~ - -= - - - - ~ - - 1 -= - - -: - .. ~ 1':1 N .. or .. I " . .. .. ,.. .. OJ ~ J~ ~~II jj~f " ;-,..- ~-.:..", ~. '. ~.. ~. :' ! ..;,.. . ~....;;,. ......~~ . ...."'" 1< "'""}:~~:;"~\: ~-. t~~:t~~~ CERTlF1CATE OF SER~ AND NOW, this 15th day of April, 1997, I certify that I am this day serving a copy of the foregoing document upon the persons and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, Harrisburg, Pennsylvania, with first-class postage prepaid, as follows: Eugene and Dawn Nelson 63 Red Tank Road Boiling Springs, PA 17007 Respectfully submitted, By: MEr EVANS & WOODSIDE ( ...v-~~ DaDiel M. Campbei(E;quire Sup. Ct. 1.0. No. 72689 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 Attorneys for Claimant ROBBRT B. BROUGH, JR. t/d/b/a R.B.'S CONSTRUCTION, Plaintiff IN THB COURT OF COMMON PLEAS CUMBBRLAND COUNTY, PBNNSYLVANIA I I I I I I BUGENB NBLSON, and DAWN NBLSON, I husband and wife, I Defendants I v. NO. 97-1479 MLD CIVIL ACTION AT LAW DBPBIIDAH'l"S AHSWBR '1'0 MBCBAHIC'S LIEN CLAIM WI'1'B HBW MAT'rBR AND NDW, come the Plaintiffs, Bugene Nelson and Dawn Nelson, , by and through their attorney, Patrick F. Lauer, Jr., and hereby file the following Defendant's Answer to Mechanic's Lien Claim, in support of which Defendants respectfully aver as follows I 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. I 5. Denied. performance of job threatening manner. The Def.ndants did not int.rf.r. with the progr.ss and did not conduct themselv.s in a The Claimant was not forced to l.av. the construction site at 63 Red Tank Road. I 6. Deni.d. Work was not perfox.ed by claimant sol.ly based I upon the bid amount quoted to Defendant's insuranc. cOllp&ny. It , j was based upon an oral agr....nt between Def.ndants and Claimant :which incorporated the bid. The prices were quoted to the I IDefendants as well as the Defendant.' insurance co.pany, however I !th. claimant did not have a contract with Old Guard In.urance i r~ i ~ i' I I Company. All payments to I who's name the insurance claimant were made by the Defendants, Bxhibit "A" .~ checks were issued to. represents the prices quoted to the Defendants as well as Old Guard Insurance Company. 7. Denied. Claimant breached his duty of Implied Warranty by performing in an unworkmanlike manner and failed to complete said work. . 8. Denied. Defendants performed demolition work. Claimants did not complete these tasks, and those completed were not done in I i a workmanlike manner. i i 9. Denied. Defen~ant denies that the labor and materials Ilfurnished, if any, by Claimant total $17,896.64. I 10. Admitted. '" pi ~, the Defendants respectfully request this Honorable I Court to dismiss the I Plaintiff's Mechanic'S Lien Claim. HBW MA'l"l'BR 11. Paragraphs 1 through 10 are incorporated herein by reference. rl 12. The Plaintiff's claims, if any, are barred as a result of I I his affirmative abandonment, relinquishment, and waiver thereof. i i (See Nelsons' Amended Complaint at Docket NO, 97-1310 CIVIL TBRM, I ! ! Court of Common Pleas, Cuaberland County, Pennsylvania) 13. The Plaintiff Breached the Contract with the Defendants ! by leaving the job site bafore campletion of the a;reed upon project. (See Amended Complaint) II ! i I I 14, The Defendants, via Old Guard Insurance Company, I performed their obligations by paying $30,000.00 (thirty thousand I dollars) to the Plaintiff for services rendered. 15. Tuckey Restoration, Inc., 12 Stover Drive, Carlisle, PA, 17013, performed an independent inspection of the Defendant's property after the Plaintiff left the job site and estimated the cost to complete the project is $35,000.00 plus cleaning and I demolition work. See Exhibit -A-. I 16. The Plaintiff breached the implied warranty of fitness I ! for particular use. (See Amended Complaint) II 17. The Plaintiff has been unjustly enriched, for the cost to complete this agreed upon project in its entirety - subsequent to I Defendant's breach for making an improvident contract - will I greatly exceed $44,195.32. (See Amended Complaint) I IIBBRBPORB, the Defendants request this Honorable Court to II render judgment for th_ in the amount of thirty-five thousand Ildollars ($35,000.00), plus court co.t., attorney fee., a. well as i interest due to the Plaintiff's breach of contract. I I II , I I I i Date, ~ Re.pectfully subaitted, .Q ~r., ....1.. 2108 Market Street, Aztec Building C.-p Hill, 'enn.ylvania 17011-4706 IDI 46430 Tel. (717) 763-1800 ROBBRT B. BROUGH, JR. t/d/b/a I IN THB COURT OF COMMON PLEAS R. B. ' S CONSTRUCTION, I CUMBBRLAND COUNTY, PBNNSYLVANIA Plaintiff I I V. IND. 97-1479 MLD I BUGBNB NELSON, and DAWN NBLSON, I husband and wife, I Defendants I CIVIL ACTION AT LAW VERIFICATION I, Bugene Nelson, state that I am the Defendant in the above-captioned case and that the facts set forth in the above Defendant's Answer to Mechanic's Lien Claim With New Matter are true and correct to the best of my knowledge, inforlUtion, and belief. I realize that false statements herein are subject to the penalties for unsworn falsification to authorities under 18 Pa. C.s. S 4940. , Detel ~/;19 7 ~ j ~ -, 7-~ i , I iI II ! - .. p ROBBR~ B. BROUGH, JR. t/d/b/a I IN ~HB COUR~ OF COMMON PLEAS R.B.'S CONS~RUC~ION, : CUMBERLAND COUNTY, PBNNSYLVANIA Plaintiff . . I V. . ND. 97-1479 MLD . I BUGBNB NBLSON, and DAWN NELSON, I husband and wife, . . Defendants : CIVIL AC~ION A~ LAW VBRIFICA~ION I, Dawn Nelson, state that I am the Defendant in the ahove- captioned case and that the facts set forth in the ahove Defendant's Answer to Mechanic's Lien Claim With New Matter are true and correct to the best of my knowledge, information, and belief. I realize that false statements herein are subject to the penalties for unsworn falsification to Authorities under 18 Pa. C.S. S 4940. Date I '// 7 If; I} : f ;f( It i /: . / /'lv'/} " I I I I I I II !I .1 !, II II if lj !, II I , II " ROBERT B. BROUGH, JR. t/d/b/a I IN THB COURT OP COMMON PLEAS R. B. ' S CONSTRUCTION, I CUMBBRLAND COUNTY, PBNNSYLVANIA Plaintiff I I V. I NO. 97-1479 MLD I BUGBNE NELSON, and DAWN NBLSON, I husband and wife, I Defendants I CIVIL ACTION AT LAW (!RJIIIIIPICA'I'B OP SERVICE I hereby certify that I am this day serving a copy of the foregoing Defendant's Answer to Mechanic's Lien Claim With New _ Hatter upon the person, and in the IIIfJ.nner, indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Camp Hill, Pennsylvania, through first class lIIfJ.il, prepaid and addressed as follows. : .~ .... .., IIBftB, EVANS' WOODSIDB Michael D. Reed, Bsquire 3401 North Pront Street P.O. Box 5950 Harrisburg, PA 17110-095 Date.J{-/6 -71- ok r. uer, ket Street, Aztec BuildiD9 C Bill, Pennsylvania 11011 IDI 46430 Telephone (717) 763-1800 ~. ROBBRT B. BROUGH, JR. t/d/b/a R.B.'S CDNSTRUCTION, Plaintiff IN THB COURT OF COMMON PLEAS CUMBBRLANDCOUNTY, PBNNSYLVANIA v. NO. 97-1479 MLD BUGBNE NBLSON, and DAWN NELSON, husband and wife, Defendants CIVIL ACTION - LAW CRR'l'IPICATB OP SBRVICE I hereby certify that I am this day serving a copy of the foregoing PRAECIPB TO WITHDRAW DBFENDANT'S ANSWER TO MECHANIC'S LIEN CLAIM WITH NEW HATTER upon the person, and in the manner, indicated below, which service eatisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Camp Hill, Pennsylvania, through first clal8 mail, prepaid and addressed as follows, Daniel M. Campbell, Bequire ME'rl'B, EVANS' WOODSIDB 3401 Horth Pront Street P.O. Box 5950 Harrisburg, PA 17110-0950 O~J-~ Patrick P. Lauer, Jr., ~re 2108 Market Street, Aztec Building C..p Hill, Pennsylvania 17011 IDI 46430 Telephone (717) 763-1800 Date, s~ 2f- 17 , .llJN 04 1997 - , r ~ r ROBBRT B. BROUGH, JR. t/d/b/a R.B.'S CONSTRUCTION, Plaintiff IN THE COURT OF COMMON PLEAS CUMBBRLANDCOUNTY, PENNSYLVANIA v. NO. 97-1479 MLD EUGENB NELSON, and DAWN NBLSON, husband and wife, Defendants CIVIL ACTION - LAW I TO THB PROTHONOTARY OF CUMBBRLAND COUNTY: PRAECIPB TO WI'1'RDRAW CASB PROM ARr.mnnpp LIS'!' Kindly withdraw the above captioned case from the argument list on June 25, 1997 by agreement of counsel. Respectfully submitted, Date. (,. ~.f, uer, Jr., Bsquire 2 08 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID' 46430 Tel. (717) 763-1800 Attorney For Defendants /).p- ~~ Daniel M. Campbe 1, Bsquire MB'1"1'B, EVANS , WOODSIDB 3401 Horth Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Attorney For Plaintiff Date: S -'7'1-17 CERTIFICATE OF SERY1QE. AND NOW, this 4th day of June, 1997,1 certify that I am this day serving a copy of the foregoing document upon the persons and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, Harrisburg, Pennsylvania, flJ'St-class postage prepaid, as follows: Patrick F. Lauer, Jr., Esquire 2108 Market Street Aztec Building Camp Hill, PA 17011 Respectfully submitted, .... .., By: M~, EVANS & WOODSIDE ~--re.,~ Daniel M. Cam;betf. Esquire Sup. C~ J.D. No. 72689 34tll North Front Street P.O. Box 5950 Harrisburg, PA 1711().()950 (717) 232-5000 Attorneys for Plaintiff t ~ ROBERT E. BROUGH, JR. Vd/b/a R. B.'S CONSTRUCTION, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA v. : NO. 97-1479-MLD ; .. EUGENE NELSON and DAWN NELSON, husband end wife, Defendants : CMLACTION - LAW eJJ,AECIPF; TO DISCONTINUE AND MARK JUDGMENT WlTHJ)RAWN TO THE PROTHONOTARY: Kindly mark this action discontinued, ended and dismissed with prejudice, and mark the judgment withdrawn and discharged of record. Respectfully Submitted, METTE, EVANS & WOODSIDE By, <; _ .?<- #~~ ...........Michael D. Reed'~squi Sup. Ct. I.D. No. :3 John M. Hartzell, Sup. Ct.I.D. No. 81919 DATE: December 20, 1999 Attorneys for Robert E. Brough, Jr., Vd!bIa R.B.'s Construction 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110.0950 (717) 232-5000 ~ 'k ,~ ....., " -.' ..:::- ~'{O... ? , ri .,. ~ '~ . -c ',.. '~~ "- :~ ;'4 "r' 0_\00- I: ':~~ ,.11 -. ". '" ~ .0_.. ::> I;;' I I MAY 0 9199-1' ROBERT E. BROUGH, JR., t/dibla R.Bo'S CONSTRUCTION, Plaintift' IN THE COURT OF COMMON PLEAs CUMBERLAND COUNTY, PA v. NO. 97-1479 MLD EUGENE NELSON, and DAWN NELSON, husband and wife, Defendants CML ACTON AT LAW QBD,g AND NOW, this day of , 1997, it is hereby ORDERED and DECREED that Defendants Eugene Nelson and Dawn Nelson's Answer to Mechanic's Lien Claim with New Matter is hereby stricken as improper under the Pennsylvania Mechanic's Lien Law and Pennsylvania Rules of Civil Procedure. BY THE COURT: J. Distribution: Daniel M. Campbell, Esquire Patrick F. Lauer, Jr., Esquire