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HomeMy WebLinkAbout97-06956 SHERIFF'S RETURN I\EiJUl.AR CASE NO: 1997-06956 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND . F & J MANAGEMENT INC ET AL VS. SHUNK CYRUS DON JR ROBERT L. FINK. SR. CUMBERLAND County, Pennsylvanla, ___' Sheriff or Deputy Sheriff of who being duly SWorn aocording wa:s served to law, says, the within COMPLAINT upon SHUNK CYRUS DON JR defendant, at la05100 HOURS, on the ~ day of December \997 at 519 BREEZEWOOD COURT MECHANICSBURG, PA 17055 the , County, PennF.lylvania, by a true and attested copy together with NOT]CE , CUMBERLAND handing to CYRUS DON SHUNK JR. of the COMPLAINT --' and at the same time directing ~ attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 6.82 .00 2.00 $:'::0.82 So answers: ~~~~~~ff ~EEFER WOOD ALLEN & RAHAL 12/22/~:97 ../7/< c/:..~. ~ ~ She~ Sworn and subscribed to before me this .1...,,,-.(. day of I. On ,,~.t'A 19__2.1-. A, D. --~1"A- (!~t~";;"ry "-4<<i . '''-'- , --' with a principle place of bueiness located at 501 North Enola Road, Enola, Cumberland County, Pennsylvania. 2. Defendant, Cyrus D. Shunk, Jr. ("Shunk"), is an adult individ4al residing at 519 Breezewood Court, Mechanicsburg, Cumberland County, Pennsylvania. 3. Quality Inn owns and operates a motel (tho "Motel") located at 501 North Enola Road, Enola, Cumberland County, Pennsylvania. 4. Shunk is a general contractor engaged, in part, in the business of replacing and/or repairing roofs and performing other general repairs. 5. On or about November 14, 1997, Shunk and Quality Inn, through its representative, Dong Woo No, entered into a written contract (the "Contract") whereby Shunk agreed to perform certain specified repairs to the roofs and dormers of the Motel. A true and correct copy of said contract is attached hereto as Exhibit A and incorporated tterein by reference. 6. Pursuant to the terms of the Contract, Quality Inn paid Shunk six thousand dollars ($6,000) at the time the parties entered into the Contract and agreed to pay Shunk five thousand dollars ($5,000) more upon the completion of the work. 7. Subsequent to entering into the contract, Shunk began to perform some of the repairs pursuant to the Contract. -2- 8. Before Shunk completed the repairs, he became ill and could not complete the repairs pursuant to the terms of the contract. 9. When Shunk ceased performing the repairs, he left the Motel in a state where water could leak into the building in the event of rain. 10. On December 10, 1997 and December 11, 1997, Quality Inn notified Shunk that rain was leaking into the Motel building because the repairs were incomplete. 11. Shunk was unable to return to the job at that time to complete the repairs and thereby stop the water leak. 12. As a result of Shunk'S failure to complete the repaira, water leaked into the Motel building causing damage to the building and items located therein, inCluding, but not limited to water-damaged wallpaper, wet and soiled carpeting, water-damaged furnishings interrupting the business operations of Quality Inn. 13. Said water leaks also interrupted the business operations of Quality Inn and interfered with the well-being of its guests. COUNT I BREACH 01' CONTRACT 14. Paragraphs 1 through 13 above are incorporated here by reference as if set forth in full. -3- 15. Quality Inn has performed all its obligations required under the contract at this time. 16. shunk has not performed all his obligations as required by the Contract. 17. Shunk's failure to complete the repairs in a timely manner, abandonment of the job and leaving the Hotel in a state where water could leak into the building in the event of rain constitute a material breach of the Contract. 18. Quality Inn has been damaged by Shunk's material breach of the contract in the following manners: (a) Quality Inn lost the benefit of its bargain under the contract and is entitled to receive the cost of completion of the repairs, which is expected to exceed the amount agreed to in the contract, plus reasonable compensation for any delay; (b) Quality Inn paid an initial payment of six thousand dollars ($6,000) for work that was never completed and is entitled to a refund; (c) Quality Inn suffered damage to its building and items located therein and is entitled to consequential damages; and (d) Quality Inn's business operations were interrupted, and the well-being of Quality Inn's guests -4- was threatened and it is entitled to consequential damages. 19. The damages set forth above were the foreseeable result of Shunk's material breach of the contract terms. 20. Shunk was aware at the time of the formation of the contract that failure to complete the repairs could result in the type of damages desoribed above. 21. Quality Inn has mitigated its damages by requesting bids from other rOOfing compan.les to complete the repairs. WHEREFORE, plaintiff respectfully requests that this Honorable Court enter judgment in its favor and against defendant in an amount in excess of $25,000, the Jurisdictional limit for compulsory arbitration, plus costs, attorney's fees, interest and any other relief which the court deems just. COUNT II NEGLIGENCE 22. Paragraphs 1 through 21 above are incorporated here by reference as if set forth in full. 23. Shunk had a duty to provide contractor services to Quality Inn with the level of skill and expertise customarily exercised by contractors in accordance with reasonable construction standards. 24. Shunk failed to discharge its duties to Quality Inn with the level of care required by reasonable construotion -5- standards, for Shunk failed to complete the repairs in a timely manner, abandoned the job and caused the building to be exposed to water damage. 25. As a direct and proximate result of Shunk's failure to discharge his duties with the level of care required by reasonable construction standards, Quality Inn has suffered damages in the form of the initial payment of six thousand dollars ($&,000) for work that was never completed, water damage to its building and items located therein, and interruption of its operations and the well-being of Quality Inn's guests. WHEREFORE, plaintiff respectfully requests that this Honorable Court enter jUdgment in its favor and against defendant in an amount in excess of $25,000, the jurisdictional limit for compulsory arbitration, plus costs, attorney's fees, interest and any other relief which the court deems just. Respectfully submitted, KEEFER WOOD ALLEN & RAHAL LLP Dated: December 17, 1997 '.. J c By (j/)t,,/ C~ . Charles W. RUbenda 1.0. #23172 Brenda S. Lynch 1.0. #75912 210 Walnut Street P. O. Box 11963 HarriSburg, PA 17108-1963 717-255-8010 and 255-8037 J Attorneys for plaintiff -6-