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Home My WebLink About97-05881 , I I '1 I ~ " . ., ~ \I ~ . r ~ ..... I '-.. I ~) t:.. ~' '" , i \ '" ) \':::......" ,..-..., j: , ' ~i iJ " Ii , .' II 'l'IUl COImT or CllIIIDIl PLL\S 01' CllMlIOUIm COU1lT'f, PIIlIISYLVAIUA CIYIL 10. 1997-5881 CIVIL ACTION - LAW JU'ly nUL Dl'XAJIDlID } ,.f (~"i f -,'" " I.: 19 PllTD. TlIJll( BUlLOUS, 111C., Plaintiff .,y j';,., , , ., ". ~ L. 1IDPl'. llefend8l1t .' i AIIl1VD 1'0 COIPLAIlIT VITH comrrDCLAIK h ;~ ., hAW OJll"1C18 ..L... ..4 ~ &: ~ ..... "*'_.T..--................ 10 WflT POUFRIT 'T"IIT CARUSU, 'l~LVANl4 110ta.32Z2 (717t 1.1. 1M3 'AX (711) I" .IU4 PETER THEM BUILDERS, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ~ ~ v. CIVIL NO. 1997-5881 TRACY L. HUFF, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Peter Them Builders, Inc. YOU ARE HEREBY NOTIFIED that you must responsively plead to the within Answer with Counterclaim pursuant to Pa. R.C.P. 2252 (d) within twenty (20) days after service, or a default judgment may be entered against you. IRWIN, McKNIGHT & HUGHES ~ ?:ktZ:f~'~ anlel:;W. DeArment 60 West Pomfret Street Carlisle, Pennsylvania 17013 717-249-2353 Supreme Court J.D. No. 77946 Attorney for Defendant, Tracy L. Huff Dated: December 3, 1997 PETER THEM BUILDERS, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL NO. 1997-5881 TRACY L. HUFF, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER TO COMPLAINT WITH COUNTERCLAIM AND NOW, this 3rd day of December, 1997, comes the Defendant. Tracy L. Huff, by and through her attorneys, Irwin, McKnight & Hughes, and makes the following Answer with New Matter and Counterclaim: I. The averments of fact contained in Paragraph One (I) of the Complaint are a.:"nitted. 2. The averments of fact contained in Paragraph Two (2) of the Complaint are admitted. 3. The averments of fact contained in Paragraph Three (3) of the Complaint are admitted in part and denied in part. It is admitted that the Plaintiff and Defendant entered into a contract for remodeling a bathroom at her residence. However, it is specifically denied that the contract attached to Plaintiff's Complaint as Exhibit "A" is the entire contract. It is further specifically dcnied Dcfendant's name is Tracy Hull. COUNTERCLAIM AND NOW, this 3rd day of December, 1997, come the Defendant by her attorneys, Irwin, McKnight & Hughes, and make the following Counterclaim against the Plaintiffas follows: 7. All affinnative avernlents contained in paragraphs I through 6 hereinabove are incorporated herein by reference thereto. 8. On March 26, 1997, Plaintiff presented to Defendant a proposal for work to be completed in association with remodeling of the Defendant's bathroom, which proposal was incomplete as to work to be perfonned as discussed previously between the parties. 9. Plaintiffs proposal failed to contain provisions for the installation and tiling of a seating area within the shower compartment, and further failed to contain provisions for the hanging of a shower door. 10. In lieu of redrafting the proposal to include the installation and tiling of a seating area wiL'1in the shower and the hanging of a shower door, Plaintiff and Defendant orally agreed that these items would be completed by Plaintiff as part of all work being done by Plaintiff at Defendant's residence, and that the consideration amount of$I,887.46 would be inclusive of all such work. 13. 11. The written contract between the parties provided that "Payment to be made on items completed and approved to 100% satisfaction with 20% upon acceptance of this agreement, and 80% with all finishing and work covered in contract." Said written contract is attached hereto as Exhibit "A" and incorporated herein by this reference. 12. Plaintiff has failed to satisfactory complete its work and obligations according to the agreement between the parties. Plaintiff, in installing tile, used inconsistent and uneven spacing between said tiles causing the final product to appear asymmetrical and uneven. 19. Plaintiff failed to use correct "rose" colored materials in tiling the floor of the shower as specified in the agreement between the parties. Plaintiff did not install "rose" colored tile but instead installed a white colored tile in contravention to the agreement between the parties. 20. Despite repeated requests by Defendant, Plaintiff has failed and refused to satisfactorily correct the deficiencies in Plaintiff's work to comply with the workmanlike and sutisfactory standard agreed upon between the parties. 21. By failing to adequately and satisfactorily complete, in a workmanlike manner, suid Iiling work at Defendant's residence, Plaintiff has breached its contractual duty to Defendant. 22. Defendant has obtained a verbal estimate for repair from Jonathan Male, an independent contrdctor, which estimate for repair includes repair and reconstruction of the shower seat, shower floor and tile adjoining the soap dish. Said repair estimate is in the amount of approximately One Thousand Five Hundred and DOli 00 ($ 1,500.00) Dollars. 23. Said estimate for repair is based upon the condition of the tile work which is observable without removal or disturbance of the existing tile, and does not include any additional work and VERIFICATION The foregoing Answer with Counterclaim is based upon information which hu been gathered by my counsel me in the preparation of this action. I have read the Itltementa made In this document, and it is true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 PI.C.S.A. Section 4904, relating to unsworn falsification to authorities. f ., Date: b ~ ~7 .1997 " ; EXHIBIT" A" Peter Them BuilJen, Inc. 9 RllpUIlIf/1 '''ily Curlisle, PA nO/J (717)-486-8430 Date: March 26, 1997 To: Ms. Tracy Huff 1401 Spring Road Carlisle, PA 17013 717-258-0779 RE: Remodeling Bath Propos.' Iteml included are: Peter Them Builders, Inc. will supply all necessary supervision, labor, material to complete work as listed: A. Tile Bath in basement by installing ceramic tile in shower and on floor as follows: I: Install rubber panning and cement base in shower with cement board on wall 2: Install 2x2 mosaic tile on shower floor color Rose 3: Install4x4 wall tile in shower color white with splash of blossom 4: Install 4x4 tile on ceiling 5: Install 12x12 tile on floor West Palm Surf (White) 6: all tile to be grouted with pale peach B. A. Contractor agrees to construct finished bath at owners property located at 1401 Spring Rd., Carlisle, PA 17013, in Cumberland County, PA, underthe tenns hereof. In the construction of the addition or alteration, Contractor covenants and agrees with Owner that he will in a good and workmanlike manner and in accordance with the specifications and plans referred to herein and in accordance with the terms of this contract do and perform all work required and supply the labor and the materials required for the construction of the addition or alteration at house on the premises aforesaid. Contractor will expedite the work vigorously. Work to include removial of debris. C. All inclusive for the sum of: Total $ 1,887.46 2. Certificate of insurance for workers compo and liability to be supplied if requested. Note: Prices in this proposal good for only 30 days. 3. (Homeowner) agrees to the following: A. Payment to be made on items completed and approved to 100"10 satisfaction with 20% upon acceptance of this agreement, and 80"10 with all finishing and work covered in contract. To be bound by the terms of said contract with Builder (including every part of and all the general and special conditions, drawings, specifications and addenda), in any way applicable to this Contract. Any additional work not covered by this contract will be discussed and priced before work proceeds_ IN WITNESS WHEREOF the Builder and Homeowner have executed this agreement in duplicate, this day of ,1997 Builder Homeowner Peter TWuilder1- By: ~~ B ;) CERTII'ICATE OF SERVICE I, Daniel W. DeAnnent, do hereby cenify that on this date [ have served a true and correct copy of foregoing document upon the attorney for Plaintiff by first-class United States Mail, postage prepaid in Carlisle, Pennsylvania, 17013, upon the following: Williwn A. Duncan, Esquire Duncan & Otto, P.C. [ Irvine Row Carlisle, PA 170[3 IRWIN, McKNIGHT & HUGHES B~=~~~ y-r- Attorney J.D. No: 77946 60 West Pomfret Street Carlisle, P A [7013 (717) 249-2353 Attorney for Defendant, Tracy L. Huff Dated: December 3,1997 PETER THEM BUILDERS,INC. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW TRACY L. HUFF, Defendant CIVIL NO. 1997-5881 fi,AlNTIFF'S ANSWER TO DEFENDANT'S COUNTERCLAIM And now, comes the Plaintiff, Peter Them Builders, Inc., by its attorneys, Duncan and Otto, and makes the following Answer to Defendant's Counterclaim: 7. This paragraph requires no response. 8. It is admitted in part and denied in part. It is admitted that Plaintiff presented to Defendant a proposal for work. It is denied that the proposal was incomplete as to the scope of the project. 9. It is admitted that no provisions as to the specified allegations were contained in the written contract. 10. Denied. There was no oral agreement as alleged. II. Admitted. 12. Low Offices Dunenn & Otto, P.C. Denied. Plaintiff completed all of its work obligations in a satisfactory and workman-like manner. 13. Denied that the tile wu improperly installed and strict proof thereof is demanded. 14. . Denied that the tile was improperly installed and strict proof thereof is demanded. 15 Denied that the tile was improperly installed and strict proof thereof is demanded. 16. Denied that the tile was improperly installed and strict proof thereof is demanded. 17. Denied that the tile was improperly installed and strict proof thereof is demanded. 18. Denied that the glOuting was improperly performed and strict proof thereof is demanded. 19. Denied in that the tile installed was approved by Defendant. 20. Denied in that Plaintiff made several attempts to satislY Defendant and as a result of same the work was completed in a workman-like and satisfactory manner. 21. Denied. The allegation that Plaintiff has failed to complete the project in a workman-like manner is a conclusion of law thaI requires no response. It is denied that Plaintiff has breached any duty to defendant. 22. Denied. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a beliefas to the truth of the allegations and proof thereof is demanded. 23 Denied. After reasonable investment, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the allegations and proof thereof is demanded. Wherefore, the PlaintilfPeter Them Builders, Inc. requests that the Defendant's Counterclaim be dismissed with prejudice and judgment on same be entered in favor of Plaintiff, Peter Them Builders, Inc. Respectfully submitted, DUNCAN & OTTO, P.C. Bt ^ A9J~~ W~am~ &incan ~. I Irvine Row Carlisle, PA 17013 (717) 249-7780 Supreme Court 1.0. No. 22080 Attorney for Plaintiff, Peter Them Builders, Inc. Dated: January 7, 1998 . 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L.~.'( 0.-:.1 . ~LL!._ '<'".int:':'il t .I ;'1 ~_ 'oJ.-;: I :: : I .. ~ '. 11. :,"1U ':1 ~.--,~r::;~~c~-- j" :::-:"1-:--:-:---- ;;,'ji..:\1; '-'1 ._, ,,'i:' 'I. ~.?I!t<~- .u.... cp'a;~_ 97 Cft.... U'-. Irt..t.{..,.,. --.--'--.'------- --:-/ #:- '; . (f)--r& !" f\; ,"r_t" . .. co '...r.".... . ,J ~ '.I r. . ( . ~ -0 . ,; J _ ! I. j '-I '-",. I"~ 0', _.. ;" ,I. .. .~, '" . , ~, I; 'J ~ Jf5,50;d ~ ;1 " fu:Jl 56 3/ p...a 5"BcHO . ',I Duncan & Otto, P.C. Attorneys at Law One Irvine Row Carlisle, Pennsylvania 17013 PETER THEM BUILDERS, INC., Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA v. : CIVIL ACTION - LAW TRACY HUFF Defendant : CIVIL TERM 199'1" 58'81 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 THE COMPLAINT AND NOTICE ARE SERVED, 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. Court Administrator, Fourth Floor Cumberland County Courthouse Carlisle, P A 170 \3 Telephone: (717) 240-6200 i I ~ i , 6. Plaintiff has demanded payment from Defendant in the amount of One Thousand Four Hundred Eighty-seven and 45/100 ($1,487.46) Dollars, the remaining unpaid balance due and owing by Defendant Defendant herein has failed to pay same to Plaintiff. WHEREFORE, Plaintiff request this Honorable Court to enter judgment in his favor against Defendant in the amount ofS1,487.46 plus interest and cost. Respectfully submitted, Duncan , P.C. William A. Duncan, Esquire 1 Irvine Row Carlisle, PA 17013 (717) 249-7780 1.0.1#22080 Dated: IO.~ 3...0, 7 I, verilY that the natements made in this complaint are true and correct. 1 understand that false statements herein are made subject to the penalties of 18 Pa. e.s. 4904 relating to unsworn falsification to authorities. ~(l~ Peter Them, President Dated: /d ..,)3- 17