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COMMONWIALTH OF PENNSYLVANIA
coulifoFC-Oi.1-Mo-N .PLIAS
NOTICE OF APPEAL
fROM
JUDICIAL DIST.ICT
DISTRICT JUSTICE JUDGMENT
COMMO~"'A' No. 97 ~ d);{(,,-CtJtC/L'ldn...
NOTICE OF APPEAL
Notic. i. given that the oppelloot ha. filed in the above CaUft af Cammon PIeo. an appeal from the judgment r.nde<.d by the 0.."", Ju.tic. an the
date and in the cme mentioned below.
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n... bIac~ ",oR be oigted ONlY when tho. nato""" i. requoed undo. Po. R.cP.JP. No. T It appellant was CLAIMANT (see Pa. R.c.P.JP No.
10088. I
Thio Notic. o.f Appeal, when rec..ved by the 0.."", Ju.hc.. ",dl apemt. a. a , tOO1(6}.nacl/OflbeloreOlsl"CIJusI.Ce.heMUST
WPER:AS to ~_i~ ~ ~:~=i-~~~-j :~ ::~~: ;~~nty (20) days al~
---,iiicIPiTO ENTER RULE TO FILE COMP1AIN'n'JliDiiULETOFILi-------.----
IThIs secl.", 01 /omllo be used ONLY wnen ~Ilatt was Df.FfNOANT (SCf? Pa R.CPJP No IOOl171m act/Of'l belo<e o.slllet Jus/ICe
IF NOT USEQ. delach /rom CqJy 01 notICe 01 <1W<'<I1 /0 be >CfVf'd upon awcJIrel
PRAECIPE, "'/'lothanotary .
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(Canwnan PIem No..Sl:) . .~~ '-_ J!.w~L 'K.uj w.thon t_y (20) dayo of1er _ .
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the balance was due within 10 days or legal action would be taken. The
Defendants never responded to the Plaintiffs via telephone or in writing.
7. On or about April 15, 1997, J & B Partners forwarded to me a copy of a
letter that was submitted by the Defendants to the office of the Attorney General
that the Defendant filed a complaint with their office dated March 13. 1997 Had
J & B Partners not sent me a copy of said letter, the Plaintiff would not have
been aware of said complaint since the Office of Attorney General never sent a
letter to the Plaintiff of said complaint
B. In the complaint to the Office of the Attorney General. the Defendants
indicated that the Plaintiff did not properly do the final grade and that the Plaintiff
lust dumped a tree in their front yard leaving the roots exposed and that the tree
died Exhibits G & H very clearly show that said tree in question is alive as of
May 18, 1997 and In the state of budding
9 On May 7. 1997 the Plaintiff filled a CIvil complaint With Dlstnct Justice
Chartes A Clement Jr Docket No CV.201.97 Date was set for a hearing on
June 10.1997 The Defendants then filled a Notice of Intent to Defend and the
hearing was then scheduled for June 23. 1997 at 4 00 PM. at \\t\ich time the
Dlstnct Justice Charles A Clement Jr found In favor of the Defendants resulting
In thIS appeal
WHEREFORE. Ihe Plalnllff. Dante! 0 Stephens respectfully request said
Honorable COUf1 to award to him ltle amount of S' 069 05 v"t'uch Included
lntefestflld tnCUlTed at ttme of hlll1'l9 plus Interest and aU legal fees Incurred by
ltle PtamtM
DANIEL D. STEPHENS
EIClvatinc. COAlU"UcUOD &; Snow Removal
DAN SR.
900 Land.ute St. EX1.
Mory"iIIe, PA. 17053
711-9574463
r..,957.9326
DAN JR.
902 LaDcI..a1e 51. E.I.
Mery.vUl., PA. 17053
117-95702577 Fax, 957.9326
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Dece=ber 10, 1996
Kevin collins
Camp Hill, Pa.
QUOTE
Put .in water line and sewer lines. Cut street and blacktop
to Township specs as given.
Blacktop must be finished all at once due to cold weather
constraints. If done during bad weather and blacktop can not
be finished a Cold Batch will be furnished instead, and the
Black top done in Spring 1997 and billed at going rates at that
time.
Note""" In the event of hitting rock, all rock removal work
is performed on a time and materials basis. Owner will be
notified of rock at time.
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.' '" LORI A. COWNS ... 1135
, i KEVIN L COWNS ~ W
1 I , "12 E~K COURt. APT '01 ...,f1. " 9 ....2:<11311
"E~S8UIlG. PA ,_ _ i'I1llt1>l
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Total $ 2325.00
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before start date.
Ded. Thank You.
. COLLINS
DAN SR.
900 Lad..aIo 51. Eal,
MI"'''W.. PA. 110S!
111.951-.,
r... 957.93%6
DANIEL D. STEPHJ::l\..,
ElcauUn., ConllMllGD a ~no" ReIllO.a1
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TOtal ot all Balances..............................$4,248.00
Paid at settlement............................... _ 3,125.00
credit for fencing 100.00
Balance due........................................$1,023.00
Break down:
1. Haul fill ordered by Mr. Collins
$ 210.00
150.00
247.00
$ 607.00
416.00
2. Clean trash. replant tree
3. Deliver driveway stone and spread
4. Grading and topsoil spreading
TOtal due..........................................$l,023.00
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DAN JR.
2 LI/Icl...1I Sa. Ea1.
"..>lUoo, PA, 17051
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DAN SR.
900 landov.l. S.. Ea..
MaryovUl., PA. 17053
717.9574463
Faa: 957-9326
Kevin Collins
3010 Morningside Drive
Camp Hill, Pa. 17022
~ast Due Balance
Feb. Interest
Balance Due
DANIEL D. STEPHENS
E.cantin.. Cun..ruclion & Snow Itrmo....1
L'f \ \\\)~ '-0
DAN JII.
902 land...I. St. Eat.
M.l'}'ovUl., PA. 17053
717.957.2577 Faa: 957.9326
INVOICE
We request payment in full within
Stephens Excavating terms are Net
inculded with all invoicing.
10 days
15. You
THANK 1'OU
March 7, 1997
$ 1023.00
$ 15.35
$ 1038.35
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or legal action will Da o~arted.
are beyond our~erms which were
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COMMONWEALTH OF PENNSYLVANIA
OFFICE OF ATTORNEY GENERAL
. D. MICHAEL FISHER
A HORNEY GENERAL
BUREAU OF CONSUMER PROTECTION
Harrisburg Regional Office
132 Kline Village
Harrisburg, PA 17104
(717) 787-7109
March 25, 1997
J&B Partners/Barden Dealer
50 S, Market St,
Elizabethtown, PA 17022
Ref: Kevin Collins, A97-1205
Dear Sirs:
Enclosed is a copy of a complaint filed with this office by a consumer
indicating dissatisfaction. We recognize that there are two sides to every
transaction; please send us your side of the story so that we might aid in
bringing this matter to a mutually satisfactory conclusion.
A Justified complaint is sometimes caused by a mistake or misunderstanding
that the firm is eager to know about and correct. When a complaint i$ not
justified, the Bureau can often explain the circumstances to the consumer. In
either case, the result will usually preserve "qood willw for your business.
We request that you provlde a prompt
complaint may be amlcably resolved.
from the above date.
written reply in order that this
Please respond within fifteen (151 days
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Aqtnt
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COMP~AINT fORJol
OFFICE Of ATTORNEY GENERA~
COIolMONWEA~ TH Of PENNSY~VANIA
BUREAU OF CONSUMER PROTECTION
., ._-"......~ Pl..... NoU: u pa,.t of the
~.' . .. I;' ii IW'i ii"'"' M~"" ........
.. r. . .. ";" y, I au....u may send a copy
JbR...- -"--':' ~ t thts fo.... to tile tllCltvtColal
II company agaInst wnom your
!. "I'" 1 lalnt IS ftled.
. "..., 8 1997,.
omce 'di ,.ltl!;)me
CODE 2 W
eURcAU OF CONSUMER PROTECTION
HARRISdURG OFFICE
132 KLINE VILLAGE
HARRISdURG. PA 17104
OFFICE USl DN~Y:
Inventsato,.,
CODE 1
COMPLAINT I
YOUR NAME
Kellin Yq"J Lor"
YOUR ADDRESS
]v/tJ !1.rn;11
Q;I/,~s
CITY
s/"qe /Jr.
COUNTY
('amDel--/4/1/
w, e:S 4/"" YOUR AGE GROuP - Pl.... cn.Ck on,.
WOrk 171?)9T~- 'lY'I'J. Uno.r 18 0 lS-34)? 35-60 0
Ov., 60 0
STATi
IA.
ZIP
17.p1/
Ca",/, /I, II
YOUR TeLEPHONE NUMBER
"omo 1717: 'lS7-lj<J''13
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5Q SCillA pf",..kef sf,
E.1'i b wit 1'1/. I i7CJ..:;J.
ST"'TE ZIP
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~7~957~577 NUMBER IX;;;~/:V'_E PURe ",s(717)3'?-.3995 P::;;~SI'
!\jAM. Ol' COMPANY REPRESENTATIVE TO WHOM YOU C INfO C"'TE OF C~
IJmie/ sftrlteltS Or. !311' L"1f Heckel-
!-= ....0.... -=lr<oiANC!C vou~ P\.l~CI"'lAS! l'IlAME 0" CO~PA"."';' TO WHQt.I! yo;.; ARi ........ING .....ylwtl"''TS
NAME OF COM~ANV OR INOIVIOUAI. :OM~:'AINT IS AGAINS~
~t/,e.1 Sf~f~e"s E1P~ vq I,~
ADORESS 1.tJJ- L1" '5yq/e. St. Ex/.
.Mar ~VlI/e..J / '()53
COUNTY
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IF '0..1 AilE qPIIESENTCl IV AN A '\"'!'~ NE' - A TTORNI' NAMI
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UU l'VfltU StOl Of Ml ,~ 1'0 IlUCIltll 1'OUIl a:.I'v.M
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YOUR NAME OffJCE USE ONl.Y ;
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DESCRIBE EVENTS IN ORDER IN WHICH THEY HAPPENED. ATTACH COPIES Of ALL CONTRACTS. LETTERS,
RECEIPTS. CANCELLED CHECKS (front & back). ADVERTISEMENTS OR ANY OTHER PAPERS THAT WILL
SUPPORT YOUR CLAIM.
11'h ere tire Pvo (Ofr!j)/t:f,;, Is helJt1 lilet/.: Ine ,
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yoU!' SIGNA 1\JRE 15A1'!
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March 13.1997
The Office of Attorney General
Following is a Iisl of certain situalions thaI Kevin and 1 have encountered regarding our grievances with
J & B Consultants Inc. I hope thaI this will help you undel1tand why we are very fnlSlrated with the
SerlllCe Ihal we have been receIving from them.
II seems. 10 my husband and I, that any time there was a job that we would be doing ourselves, in order 10
save some money, thaI il was made difficult for us 10 do so.
When il was time for us 10 install the drain Iile the slOne was nol delivered when promised for us 10 do so.
However, we did dig around Ihe foundalion and cover the pipe as llesl we could with what we had. When
the stone was finally delivered we "ere t~ld we'd be charaed for them pullina the slOne around the
foundation.
When initially planninathe building of our home the plans called for a half a basemenl with aaaraae. We
decided Ihal instead of a garage we'd make a family room, still havina only halfa basemenL My busband
nOliced when Ihe ",cava tor ,Daniel D. Slephens, was diaaing the foundation, thaI the hole was very larae.
He queslloned il and was told by our consultant thaI they were aoing by whal the plans said. II was only
after the foundatIOn was poured thaI he came back 10 us and said that indeed a mislike was made when the
plans were drawn and a full basement would be the resulL We were asked 10 pay for the mISlike which we
tefused. We &Rfotnled them that we are on a very strict budael and since we pointed oul the size in the firsl
place, It shouldn'l be our responsIbIlity 10 pay for their mISlike. We wen:, however, charaed for all the
..Ira e~cav.l&Ra, block wo,k, cemenl and work that illook for the full basemenL
Y.CV&R'S brothe, was 10 do our block work for us and required ten days 10 act the job done. J '" 8 were
well aware of IhlS, but when II came lime to do the job they infonned us thaI we could only have two days
because the house was scheduled 10 arme Within the nexl several days. 1'101 beina able to ael the job done
thaI quickly, we were forced to use one of their subconlraCtol1. His brother nol beina able 10 do our block
work soon became the excuse. as far as J '" B were concerned. for them ove' budawna our block work
cost. \\'hen In reality, 11 was thulTOr on their pan ",ilb the size of the basement.
We also qrecd 10 level the Slone in the basemenl and pre-pair a spot for the sump pump. For one thine.
lhere was not enoueh Slone delivered 10 properly cover the floor. Second. there were larae amounts of
mud and laree rocks that Wt had to haul oul of the basemenl by hand. We were \Old thaI the Job we did
wasn'l qUlle &ood <ROUah so they had to add mon: SlOne and level il qain which of coune we we... billed
for.
^-' far as the IIlmp pump. 1 penonally COllIlCCted the pipes. PIacelI the bucket where il needed 10 be, and
dIle a hole for 1110 lei in. The OllIy thin. I clid 110I do was C\II the hole in the p~ buckll for the' pir n 10
fillhrough. When 1 teetlved my bill there was a ,harp for pl.acia&. diUilll and prep ohump hole.
We sW1ed \0 hanelhe Sldine and conllnually asked that the IfIdina and beck fill be done so \Nt COIIId
safely pill our ladder Jacks up. Our ~uests were COIltmllally 4eated &ivlIlI DIll utuse after lIIo1hrt as to
wby .t couldn'l be done The gf'llllnd IOU 10 lOll. the aIOIIIld was 10 ftozn. the walls mJpl rave in, whell
lUst do" n the strttt from us another houK .. as bellll built and tItey IIalIIlO problelm CIIImI their
t\U'llllll done. Sin;:e the w~alhef wu _.. it '*- __ and __ dlfficllh for lIS to wor\
wllhoolllle .round belna propf,ly ,,;a'aled We 1I&lJl1lall1O lIire ~ 10 fiIliilt ow JOb. addllll
mare 10..... ~t1.
Conlinuing with our problems with the excavator, we were budgeted $18'0 for the job. We've already
paid that amount plus 5800. Following is a copy ofa construclion draw paymenl sheet indicating that we
WIll be billed for the final grading. I'd like to know how they can bill us for a final grading when there's a
huge mountain of topSOil In our back yard and the fronl yard consists of un leveled din and a tree that was
just dumped Ihere nOI even p,operly covered so lhe roots arc slill exposed. The excavator did come back
and so some leveling but refused to do itlo our satisfaction. We were told thai we'd be receiving a bill for
approximately 5600 for that and the delivery of stone for our driveway. The bill we received was for
51023.00. we we,e charged for clean trash, which whalever stulTwas in the yard, he buried and replanting
a Iree, as I indicated previously, he put a Iree in the front yard and didn'l cover the roots so il will probably
die. He's charging us fo, grading and topsoil which is slill silling in our back yard. We obtained.anolher
eSlimale as to how much il will cost us to tinish the job that he did not do, and were lold it would cost al
leas15800.
Pan of our contract witn J & B involves us paying them S'Yo of the subcontractors fees. We have a
construclion loan and receive draws from it as construction is beinll done, From these draws we are to pay
ou, subcontractors, the so;. fcc, and any other costs involved in the building of the house. such as pennit
fees. As I have me""o,ed and would like to SlreSS (also follows in contracll J &< B IS to receive S'Yo of
subcontractors fee only. As you will see in the paper work that follows, J "B charged us,o;. of our enlire
draw. We didn't catch this until it came lime 10 pay our bills after the third draw and noticed what they
were doing. When we confronled him, Bud Longenecker, about this he slated that, that was the way he
always did it even after we showed him the contraCl that clearly SlaleS S'Yo of subcontraClors fees. When
my husband persIsted with this maller, Mr. Longenecker told my husband to shuI his damn mouth. We of
course only paid him S'Yo of the fees but were never reimbursed for the overage we paid on the second
draw.
As you willse on our lasl payment sheet we are once again bcing charged S'Yo of our draw. Also we hired
Bruce Longenecker of J & B, to do trim work for us. We were initially goinllto do it ourselves but were
told by Bud tnm work only involved pUlling up baseboards and Iwtging doors. We were lold only when
the kItchen was to amve thatlrim work also involved installing all the cabinets, countenops, shelving, and
other tasks. So once again we had to hire someone.
As of loday, we are still'waiunll for our sin" tOwllenop, window and shelving in a closet, to be tinished.
We already paid him for the job. We have yet 10 pay the S'Yo fee because of the discrepancies in the bill.
The resl of the work IS scheduled 10 be finished Friday, March 14*. We were told ,however, that unless the
''Yo fee IS paid the work may nOl be done, even-though we paid for il I'm hoping that this will not be the
ease.
I'm sorry for wnting such. long lenet. There was SO many events thai we are IIIWltiStied with and I
wanted 10 IndIcate as much as poSSIble so you would undersWld our situallon and realize mal we're ""I
being triVIal. We an: honesl, hard working people who are only ll)'inglO Jet whal we're paying for
withoul being taken adnnlage of.
We extremely appreciate your lime and will be IIad to answer any funher quations you may have.
Sincertiy
,.:. J. (if/,...:-
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UB J & B PARTNERS, INC.
New Home Construction &. Remodeling
50 South Market Street
E1IubcthlOWlI, PCMI)'tvanla 17022
717.367.3995
Fax: 717.367-4756
April 10,1997
Mr. H. Gus Dom, Agent
Commonwealth of Pennsylvania
Bureau of Conswner Protection
132 Kline Village
Harrisburg, FA 17104
REI Kevin Collins, A97-l205
Dear Mr. Doml
In response to the complaint filed with your office by Mr. & Mrs. Kevin
Collins, we will follow their letter format in addressing each item:
Paragraph #1 - Drain Tile:
According to our construction superintendent and excavating/grading
sub-contractor, the hanebuyer's, Kevin and Lori Collins, were unable to
~roperly cover the drain tile not because of lack of materials, but rather
lack of experience. They failed to mention, they were given a $125.00
credit for the work they did (See Attached Construction COst Sheet).
Paragraph #2 - Basement:
They were ~ charged for any extra excavating, bloclalork, cement and labor
for a full basement since our company absOrbed all costs involved even
though it was an error by the house manufacturer
Mr. & Mrs. Collins have benefited by a higher house appraisal since they
now have a \o/OOd floor rather than concrete in their family roan compliments
of our company. Also. lie discovered later that if we would have followed
the initial plans for a family roan on grade, the excavation, baCkfill, earth
compacting and concrete slab costlil IiOuld have far ..x.ceeded our original
estimate.
Paragraph #3 - BI0CkY0rkl
This is untrue. According to Mr. Collins, his brother was Willing to per-
form the blockllOrk at a $800.00 savings CCJIIIPared to our estimate. We told
him to have his brother t:>eqin work at lNst three ~ in advance of t.he
houH deUvery. Since Mr. Collins was at the site eve1'}'l1a1' and responsible
for schedullng his brother. he len.V how crucial it. vat to have his brot.hec
PAGE TWO
begin the work. On several occasions Kevin Collins called our office scream-
ing obscenities about his brother's procrastination. We finally had to give
an ultimatum since we were getting close to house delivery. Finally, Kevin
informed us that his brother in his words, "copped-out". Our sub-contractor
had to be called in on very short notice. He did the complete basement
(including the full basement under the family room) for $670.00 more than
Kevin's brother's quote who claimed to be SAVING Kevin $800.00.
TIlis price of $670.00 was ~ than even our original estimate which called
for only half of a basement. We cannot understand why Mr. &. Mrs. Collins
cannot comprehend the true facts that they benefited at no extra out-of-pocket
expense to them.
Paragraph #4 - Sump Pump:
TIle work they did was unacceptable being at least 3" unlevel from the footer.
Although they felt they could complete this Job, our concrete sub-COf\tractor
had to spend extra time re-leveling the stone in order to pour a proper floor.
We did not want an inferior job which may develop into problems later.
Paragraph #5 - Sump Pump:
Again, the work done by Kevin Collins was not satisfactory and to prevent
future problems, the sub-contractor had to correct his work. By the way,
the charge for this was $20.00.
Paragraph #6 - Exterior Siding:
Siding sub-contractors can safely install siding before baCkfilling. In fact,
most good contractors will not backfill while the earth is frozen since it
may result in damage to the basement blockwall. ~ce again, we were atteftlt)ting
to preserve the integrity of the structure and prevent future problems for
the hanebuyer.
Paragraph #7 - EXcavator:
The excavation charge was $1,850.00 for which Mr. &. Mrs. COllins have paid only
$1,475.00 to date. Other charges by the excavator not included in the excava-
ting category are Clearly listed on our Construction Cost Sheet. It is usually
understood that an excavator performs various ..rvicee. Plea.. refer' to the
Construction Cost Sheet for a full detail of these charges.
Paragraph t8 - Consultant Fee:
J &. B Partners, Inc. is paid a 5'\ comNltant fee on all funds drawn on the
construction draws which includes every thin; ~t work done by the OOeebu~r
and/or any free labot. This lIl8thod of constl\JCtion (aweat &qUieyl, allewd
PAGE THREE
these people. who may not have otherwise qualified to build a new home, perform
as much or as little work as they felt capable with our support. However, as
explained to Mr. & Mrs. Collins, our standards require that all work performed
must be conducive to that of a professional. We cannot allow inferipr workman-
ship to go uncontested, and in every job where we have assisted a homebuyer
under our sweat equity program, our attitude for quality has been appreciated
and understood except by Mr. Ii. Mrs. Collins.
Quite frankly, our 5% consultant fee was not nearly enough to endure the
immature and sometimes abysive behavior of Kevin Collins. They still remain
ignorant of the value they received under this program. It does not surprise
us that they are trying to discredit our work in order not to pay for the
balance of services rendered.
Pargraph #9 - Trim Work:
As standard procedure, we always explain in great detail everything which is
involved in our sweat equity building program since many prospective homebuyers
would not be capable of performing much of the work themselves. as it appears
to be the case with Mr. & Mrs. Collins. When Kevin Collins was confronted
with the actual skills necessary to perform a quality job, he realized he was
not capable. although he indicated earlier that he had sufficient knOWledge
and understanding to complete the task. Point in fact was the trim Job which.
of course, includes the kitchen installation. OUr construction superintendent
was asked by Kevin to bid on his trim work - we quoted $1.000.00 which is at
least $500.00 under'a basic trim price.
Pargraph #10 - Kitchen Countertop, Window, Shelf Bracket
When our superintendent was installing the kitchen sink. he made a slight mark
on the countertop which he immediately reported to Mr. & Mrs. Collins Offering
to replace the entire countertop. remove the damaged one. and'.install the new
countertop at no charge. Please be advised that they are not without a counter-
top and sink.
The only items which remain open is a cracked window pane in one of the upstair
bedrooms and a missing shelf bracket. When Hr8. Collins called our office to
schedule this work. we informed her that we will schedule it and we would like
to piCk-Up a check for the balance owed. She indicated that they will not pay
another penny to us. Therefore. we have not caapleted the work which includes
replacing the countertop.
Their final appraisal was $128.000.00 including the lot. Their approximate
cash contribution was approximately $2.000.00. '11leir settl~t c:osta of
approximately $6.000.00 were financed with their perlllllllet'lt IIlOrtgage. 'n1ey
/
\,
PAGE FOUR
will realize approximately $18,000.00 of immediate value.
Our agreement clearly states that they shall save funds'equal to the interest
before and during the construction period -- they failed to comply. The
agreement with Milo Corporation, who financed the construction loan, clearly
states that they shall pay ALL sub-contractors first -- they failed to comply.
When you combine the monies they were to have saved equal to the interest
$3,595.94 and the proceeds they received at settlement of $600.00 - they
have sufficient funds to pay J " B Partners, Inc. and Daniel Stephens.
Our company has lost enough time and money dealing with this couple. If they
refuse to honor payment, we will pursue whatever method of collection available
to us by law in order to recover full payment.
We will finish the aforementioned work only when we receive cash, money order
or certified check of the monies owed J " B Partners, Inc. and Daniel Stephens.
We will provide you with any further documentation or testimony you may need
relative to confirmation of this response.
Sincerely,
~cf
E. Vinton I.ongenecker
EVLlpr
cc: Attorney David Baric
Daniel Stephens Excavating
Barden Homes
ENe. Construction Cost Sheet
Ag~nt - J " B Partners, Inc.
Agreenmt - Kilo Corporation
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