Loading...
HomeMy WebLinkAbout98-04355 , ';.. ~. ,~ ~ '.. .:I ~ .... ~ '11 ..../ " ~ <jl I I I ~I ~l "I I i\ lit\. " .;" ~"'\ ~ \ " \ c ';'.' .... \ '. \ \ \ \ \ , i i I i , .I / / ./' f'" i :"1 , I .~ I .. ~ '" '0 .R) ~ , ~ ~ ~. EDWARD K. BEAM and DEBRA BEAM, husband and wife, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Vs. ; NO, 98- t;35t.J CIVIL TERM COMET STEEL BUILDINGS, alkJa MAGMUN BUILDING, alkJa UNIVERSAL STEEL, Defendant : CIVIL ACTION-LAW 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 this complaint and notice are served, by entering a written appearance personally or by an 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 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 '.' EDWARD K. BEAM and DEBRA BEAM, husband and wife, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Vs. : NO, 98- ~?S,S CIVIL TERM COMET STEEL BUILDINGS, a/kla MAGMUN BUILDING, a/kla UNIVERSAL STEEL, Defendant : CIVIL ACTION-LAW COMPLAINT 1, Plaintiffs are Edward K. Beam and Debra Beam, husband and wife, adult individuals residing at 43 West Main St., Walnut Bottom, Pennsylvania. 2. Defendant is Comet Steel Buildings, Corporation, a/kia, Magmun Building, a/kla Universal Steel, with offices at 512 Chartiers Avenue, McKees Rocks, Pennsylvania 15136. 3. On March 17, 1998, an agent of Defendant, who stated that his namewas Ron Beck, met with the Plaintiffs at their home to discuss the purchase of a steel building to be erected on the Plaintiffs' residence. The Plaintiffs had learned of the building through an advertisement that the Defendant ran in the Harrisbura Patriot newspaper, 4. The parties spoke about the purchase and a memorandum was signed by' the Plaintiff Ed Beam and Ron Beck. Mr, Beck stated that a legible re-written copy of the proposal would be forwarded to the Plaintiffs within the next two days. Said copy. was never sent by Defendant to Plaintiffs, A copy of the memorandum is attached . hereto as exhibit A. 5, The Plaintiff, Edward K, Beam, followed up with phone calls to the Defendant's offices and spoke with various persons at that number, At various times, the Plaintiff doalt with persons who stated that they were affiliated with Magmun Building., Universal Steel or Comet Steel. The Plaintiff was uncertain as to what company he was dealing with. 6. It became apparent to the Plaintiffs that the steel building to be supplied by the Defendant was not suitable for their purposes and they requested that Defendant refund to them the $3,000.00 deposit that they had given to Ron Beck, The Defendant has refused to refund said deposit and responded by letter attached hereto and marked exhibit B, 7. The Plaintiffs contacted their attorney and requested that he send a letter to Defendant requesting the return of the $3,000,00 deposit. A copy of the letter is attached hereto as exhibit C. 8. The Defendant has refused to return the deposit. COUNT I 9. Plaintiffs' incorporate paragraphs 1 through 8 herein by reference, 10. The relationship between the parties is governed by the Unfair Trade Practices and Consumer Protection Law (UTPCPL) 73 P,S, Sec, 201. 11, The memorandum provided to Plaintiffs did not contain the language mandated by 73 P,S, Sec. 201.7, 12, The practices utilized by the Defendant violated 73 P,S, Sec. 201-2 as . follows, ,,_.,:'..;~;,,",':~:,.,--:-;,,;::~~ Complaint I verify that the statements made in the foregoing are true and correct to the best of my knowledge, information and belief, I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904, relating to unsworn falsification to authorities, ~~.J? to \-tQory rw-- EDWARD K, BEAM Date: 7/~g/qg I I - . 412.771.2604 MAIN. , 412~771'6~ .,'::' <F" - ~~B1'~c..~, . ,:f4: ..... '(Jl:.. ...(1 - L I~ IN r~RJl. .... . '"g12ChartiersAvenue' McKeesRocks,PA 15136 I 668-568-9349 668.568.9350 1< r:. r::" \ \ " - l.---::::JJ. .~ , I+-. &... /"" .../ . ~ ,./~1.... i it '\. . ...,.. I '.. \" ~:, .'," : . f ! 'i :1 ,I :J, ( ADDRESS: ; ,\ ..'" y t;J.. I' I ".. .I ' , CITY: ,.,'.,;" (I' I "'~-r-,,.... PHONE: ':'" ,. .J .:: \ ., I.. I" r I ~I ,.., J BRACING: ".:'" SASe CONDo INSULATION: [. GUITeRS & os: 'U,Lv, )il,~, J STATE: 1-:" ZIP: "),,,. 'IJ\,;'~ COUNTY: 'J ~ FAX: ORDER NUMBER: APPROXIMATE BUILDING SPECIFICATIONS BAY SPACING: ::. /:/ WALL COVER: .;; 1... '-'" FRAMe TYPe: "+C,.,IJ.'M M COATING ON ROOF: "~'.U_V.<Jt.~,..,. W . ,.f",'~'''' \1:0 (-.... I-I ATI N SIDES' C. OJ {.. ,j/l. F r:: r I t? F AM 0 PEN N :1"1', ., : O' R ' .. rJ' L <:" i<- WINDOWS: OVHOF:; -, 'if r ,~ -r' < q . . /_, I ~ ~~~ Ilm u. ., r. I BLDG, COOe: /1, t," .r.. .:;, A WIND LOAD: /. '" /-. all': ;:- ., ,- GROUND SNOW: v ,. R A''''O FRAM AD ~ t? COLLATeRAL LOAD' OTHER ACCESSORIES: WIDTH: LENGTH: 1.1-'7 r.. () ,..... ~ .~ ~ .l , 1'-'" RIGHT ENDWALL (SIDE 41 LJt:<v .,;1..:I.~ t",1-t t1f I'. (314'1..' f"'l ~I II r-,.e. 1+~'-l.J I r Y~C"-2 1,'// r-...s( . .. "JI/~. ill V I -I-I!' o~ f ~''J;~~::'i5.;;:''. qi~iff;<.;lL'#~ . '~""'.~-:.:...-" "0'::",. ,....~: ." " , !~ I I I . I ~ c~~~1 ~I ~I~I ~I ~'; no::: j '~:~1 FRONT SIDEWALL (SIDE 1) ~ . ,,; BACK SIDEWALL (SIDE 2) .J:,' '.~~ BASIC BLDG, ACCESSORIES FREIGHT ,SUB TOTAL " .-TAX TOTAl,,: PRICE I .:, u-.... , . POSIT (25%) --;"0 (J{j ALANCE DUE ON DELIVERY I O. i.f-4"1. ~f, . BY (A) SIGHT DRAFT 0 (B) CASHIER'S CHECK I5I .~'. '.~~,.. This c.tfer made by the Buyer above named to Comet Steel Buildings, Corp. (.SeIlBr~l shall constitute an agreement, binding upon Seller only when accepted by Seller's , ...r" 1authorizod officer. The representative of the Seller preparing this Sales Agreement is not an officer of the Sellar and not authorized to accept this offer of the Buyer. II this offer Is not \; .accepted by Seller, its only obligation hereunder shall be 10 return Buyer's deposit. . f;i,;; THIS ORDER IS SUBJECT TO THE TERMS AND CONDITIONS OF THE FACE AND REVERSE SIDE HEREOF INCLUDING THOSE UMITING WARI'IANTIES AND REMEDIES. ~':' .. Buyer hereby acknowledges receipt of a completed copy of this Agreement and agrees to all cllhe torms herein contained.. . ",_ _,' Buyer htr.by acknowladges and agrees that seUer has absolutely no obligations whatsoever, express or implied, with Comet Steol Buildings, Corp. and that the ROPfMlntative t:J ':shall ha'le absolutely, no obligations or liability hereunder (including emy liability for erection ollhe building, whether erected by p&llIons recommended by Repf8Hntetive or::; othefWise), exCGpt as set forth above. Buyer hereby ecknowledges receipt of a completed copy ofthls offer and agrees upon I!cC8ptance to all otthe terms contained hef1lln.' ,,:' "" '.it- ,. 1. NON.REFUNDABLE DEPOSIT: The twenty.five percent (25%) deposit required on all salos is non-refundable once Comel Steel Buildings, Carp. has accepted buyetl offer:', above named and in th9 evont the buyer refuses to accept the goods sold when tendered by the Seller under the terms of this contract, the Seller shall be entitled to keep the dipoalt .:0 aallquldsted damages for buyer's breach at contract. , ' ~ 2. DEUVERY DATE: If the goods sold under this (;Qntrnct are to be delivered to the buyer attha buyer's place of business or resIdence orlO~ other place dOllgnated ,by the '_, buyer, thtn the Siner shall make a good faith effort to have the goods deliverod on. the delivery date indicated above, If however, due to circumstances reuonablyblyand the: control of the Seller, the goods cannot be delivored on the delivery date designated, then the buyer agrees to allow the Seller whatever additional time Seller needa to dellvar the,: goods, not to exceed three (3) weeks from the designated delivery date, Seller howevar shall be required to make a good faith effort to deliver the goods to buyer on tM doaSgnatld ' delivery date or U SODn thereafter as reasonably possible., .',' " 3, Thia order is subjoct to price increases if delivery at building is more thlln 60 days after order dale, ,'"'\ .~ ., ;; Buyer '::".,Y,':.._. t:~ .-<~" ::~ Represe;'~liYe . J, .:~" /5 :::e.A' --" CoInd131.tll Emlldl~gs, Corp. , h,.o;J.;",,~.' By 1....(.0 . ~~~ SHIPPING DATE SHIPPING INSTRUCTIONS \J . c;. l. ~ , ~ L/ ~~;) .. '~'C I':. ''':'1 ~ '''','. M/COVisaO. DiscoverO CheckO W11f~O Signed at , Dated ',. " ~.pted by Seller this day of 19_ Payment: o VISA o MASTERCARD o DISCOVER Cradn Card No. ,1i!,,,", Exp, Date Its Authorized Da.ler, . ' White-Yellow-Manufacturer Plnk,Cuatomer' , I ". '-...-..-- .....- CONDITIONS t, This PurCnllSo Or.19( upon a'C12i.1ll'1nCG bv the Deater s"aJllJo blndlnq and may not De re'CIMod by Customsr. Any deposIt recll,vod herein by Oe118' J~i\l1 be held by Deator ilS ~or.u"ty for the complel'on at !MI$ conl'ac:. lJOO., fl)CelPt ,." fho oalanes ollne Cutcnase Orlce 1M silld depOSit :1llaJl be applied 10 I"~ purchue pflCD not/Jln SnoUIC: CuSfOmltr Ot~Qcn or I ..,Ialetally 'flsc.nu r;,r ca"coI I"':~ conUacr. me dO~:J!lf "'iIJfP.ln sna, be fOr,OflOd to Da'lllJr and ap~hed toward fr.o cla/li'1 tor damagfls, which snolil tie hql.Olll&IOd 10 (I" :ne 1Cll...a! '=<"). ..ract onco IVllhV"llna necosslty 01 otlerlf'lg proof ot sue" c111'NlqO:; l~ .:ltIy Jrllg2:tlot'l proceeding, t'O,1f'l"g or 'nal. II 'Jucn tlrOilCI'l or un,latorm fl)SCls'\lcn :,:cc",'s :r'or Ie sn'prruf't 0'1 Deoaro, 01 all or '1ny ean 0' In" malor'als oreor'10, ;1 beIng agreod by bolh ('DIller and Customer thaI tly reasen ot Ihe naluto 01 the CO":-'Ir:t t'lrUtlln, II WOlo,C: M extremelY dlHlculllt nOI IrncosslOle ::J Cele''''ln/) tne ac1ual dllmagBs, 'tIinJcn woUld be ~u'lalned by Oe410r, COlh agree Ih,1I .,,'(1Y 1601 r.r1cenl 01 tne aClual contract OflCO Will celM rne'lswre 01 camagos. TIm., I"r delivery IS not ot Ihe essence In thl. agreemenl ana Oealer maV Ijft1r\/f)' ~,If't gOOd5 ill a dalo olhor IMn It1A -.-lld C1ehvery dale. It IS diStInctly understOOd Ihul CUSlomer WIll not Issue instructIons to delay mlJnuftlClure anellor 3nlpmenl ollM maferta' r,lle 0' 1M tI..lldlng !!l r:OI passec on 10 CUSlomer unlllthe Balance IS palelln full. If Customer Is unable to accept delivery on the dgroed delIvery OalO. r,WSI~r!1'J' rnLJSI P"y 1M CJI.lnco In 1...1: and arrango !I)r an l1ll0rnallvo snIpPing dafe. 2, II bocau<;1f 01 dlf'aull 01 Customer any ~nlpmen: r.1u:;1 ue doVenea Ot r"llumOd ') Dl3aler. Cus:orner :ihall pay aU O'ernurrage, transportation and other costa IncuuecJ as a ''!SUII f"",reol. No t<llh,ro of dealer 10 l):cerCI~" any 'Ignf 'Jccufrlng trom any dolaull ot Cusfomer !'InaJl Impair DARler'S rIghls in case 01 any SUbSequent delaua 01 Customer All rrghfs 01 Oeale, Mreuncer snail be cum...l.lll'le. 3. Dealer shall nOI CEI rosponslble for aelays In o1sIIVe"f'tS due 10 fires. Strikes, IOCkOUfS, rralenal Shortages or Olher ILlDOr troubles, floods, car shortages, embargoes. transponallon delays, acclcent at MIll, Government Reg'Jlallons .nCludlng Prelerence. Atlocatlon or pnottty systems for Government and other orders or Olher contingenCies ceyono Dealor's control. 4, Customer, uoon oe,ng no"',eo (hat (he gooos are reaoy lor sn'omem, shall r"""ve ana ac:eo( oelover.,. 01 (he gOOds within fou"een (14) days .of such nOlllleallon. If Customer falls 10 aceeet deilvery ot 1M g:JO:lS Wllhln ons mentn from the ~;lXelfallon of saId lowrteen {141 day periOd, Dealor may at its optIon, and wllhout nOllce. treal ft'lIS agreement as celng materially :reacnec :/1 wnlCh e'leMl dealer snail hal/a all remeoies prol/ided by law lor breach ot Contract. Ally prOVISions In thIS contract to the contrary notwIthstanding, anj regardless 01 ~~e responSIClllttes placed upon Customer, IllIe to Ihe materials shaJI remain in Dealer, and pnyslcal dellVf!ry thereol shall nOf lJe made to Customer ..:ntl' Such tIme as lOe OiIlance of trlq pUfcnase puce shal/have been fulfy paId. S, lr Customer PiCKS uo lMe g:oos al Dealen lac:ory or If Cus:c-r.er .;leC1S fO use a camer 0' Customer's own choice. Dealer shall not be responsible for loss of damage 01 gooo:>;n transIt. J/ lhe Dealer snrps :ne cWlld,ng, Dealer 'Nllf bJ respO,1slble lot damages only It reoorted alli;ne lJt delivery and acknowledged on bill of lading. 6, After delivery, Dealer snail nOI be responsIble or liable lor any direct camage 10 the goods or consequential damage caused or initfated In any way by any acts of . God IncludIng, but wlfh hmitlng Ihe generailly of the foregOing, hUrricanes, lempests. lornadoes, lightning, excessive wind roadlng and excessiVe snow loading. 7, II shall be cusfome"s tesponslblllty to Inl/estlgat8 and ascenaln the applicaofe zoning ana burl dIng Codes in the area or territory in which the building is to be erected in order 10 satlsly himsell that Ihe building conlorms to aU aophcacle ::omng laws, rules. reguJations, ordInances and building codes in said area, In the el/enlthat Cuslomer lalls 10 comply with SUCh zonrng laws, rules, regulations, ordinances and building codes In the sard aIea in erecting the building, Dealer shall not be liable lor any damages or losses, of any nalure or kind whefher direct or Indirect suslalned by such failure, 8. Dealer warrants that for a panod of sixty (60) days atter the data at delivery it will re-supply any and all component parts at the s!sel building sold that prove to be de/ective with respect to the matenals and/or workmanship, The warranty is expressly limited to furnishing and does not extend to dismantling or installing "ecessary replacemene parts, does "ot cover or include any consequenlial damages Md does Mt Cover defects or damage caused by acts of GOd, tsJfjng objects or other accidents or casualties, aggressive atmosphere conditions (inCluding, but not limited to, salt water atmosphere. fall out or exposure to corrosive chemicals, fumes. ash, animal waste, excessive wind and excessive snow loading and the like). improper installation, neglect, negligence. abuse or willful damage by Customer. Any deltct or damage covered by this w..-ranty must be reported to Dealer within thirty (30) days after discovery or this warranty shall be void. It Is expressly understood and agreed that any warranty, express or implied, shall extend only to structural defects i" the material, whether galvanized or galvalume. a"d eny comoonent oarts apou"""ant (0 the bUildi"g. THIS WARRANTY IS GIVEN EXPRESSLY AND IN PLACE OF ALL OTHER EXPRESS OR IMPLIED WARRANTIES INCLUDING IMPLIED WARRANTIES OF MERCHANTASILITY AND FITNESS FOR A PARTICULAR PURPOSE. Overhead doors are warranted solely by the manufacturer that produces this product; Dealer does not warrant overhead doors. This warranty is specifically non-assIgnable and non-transferable, 9, My taxes which Dealer may be required 10 pay. cOlfect, under existing or tuture laws of the slate of Pennsylvania or any competent authority upon or with respect 10 the sale. purchase, delivery. storage, processIng, use. consumption or transportation at any of the materials covered hereby shall be for the account of Customer, who shall promptly pay the amount thereof to Dealer upon demand regardless of whell1er Ihe contract is considered to be interstate or intrastate commerce, 10, Any disou(e about quality, cond'tion or workmanship of the goods or otherwise in connection w,th the terrroS of Ihis Agreement shall not entille Cuslomer to reject the goods, In the case 01 any dispute Customer shall take delIvery of the goods, pay for the same, and make a claim under Dealer's warranty, 11. Dealer's responsobility for sho"ages in (he goods shail terminate after thiny (30) days have elaosed from the time of delivery to Customer; in no event shall dealer's liability exceed the price of SilJd shMages. . " . 12. Building size is aocroximate and intended to identify standard size sold by Deafer. No waIranty or representatIon is given by Dealer as to the exact dimensions of the building, as (he same wlli vary deoending upon olacement of (he concrete base, Identification of gauge is subject to permissible variatiollS and imemled to IdentIty general gauge designations by steel producers. 13. Dealer shall not be responSible fer sponing, switching. demurrage or other transportation charges unless agreed to in writing. 14, Upon acceptance hereol, Chis oroer and its accepeance shall be ceemed (0 be a concract embodying all oral and wri<ten unoerslandings and agreements between Customer and Dealer reiatlVe (a (his sate, Dealer shall not be bound by any COndllicn, definition, representation or warranty olher Ihan those exoressly set fO"h herein or incorporated here,n by express applicable state leglSla"on, The contract shall be interpreted in accordance wllh the laws of the State of PenllSytvama. ... and presumed to have been conSUmmated in Pennsylvan,a, as i( has been agreed herein that delivery hereunder is at Ihe office of Dealer's place of business in.' Pennsylvania, It is IU"her agreed (hat in the event 01 litigatlcn insmu(ed by any pa"y, (he venue shall be in Allegheny County. Pennsylvartia, inasmuch.as the . concract was consummated in Allegheny County, regardless 01 the camrac( 01 either pa"y in said County, . .,' .... '.,... 15, Dealer and Customer hereby agree (hat Dealer shall have no resoonsibility whatsoever lor the erection of the structure or structures which are the SUbject of U,is'. agreemenl, and thai Dealer shall be under no liability whatsoever to CU5<omer lor any loss or damage sustained by Customer as a result of or In co"nectio" with the',... erection of sa'd scructure or structures, Customer hereby releases Dealer Irom all claims, damages, expenses and liabilities of every ki"d artd.n.ture arising OUlOU::; the erection of the subiect scructure or structures, whether such erection IS done by Customer or a third Party".; :,.':":': 16, It is the sole responSibility of Custcmer to assure tHat soil and subso,1 conoitions at (he site iocation are 01 sufficient density (0 support and sustSln pressures llncl, lorces exe"ed thereon by (he foundatlo", (he bu,lding purchase and (he type and quantltycl materiais stored therei", '" ....,:,.. 17, In.the event.that (he bUilding purchased herein is to be used by Customer lor crop 5<orag., Customer shali comply with all requirements. IllSlruct/ons'aitd'<: condltlo~S deSCribed in Deaier's crcp storage manual. in Che event that (he bUildi"g ourchased herei" is to be used by Customer for crop storage, the crep slorage', ,',., manual os Integrated Into (hiS contract by relerence and in the evem Customer wlsnes (0 store grai" or crops al the emfs of the bUiJdi"9, it is suggested than, Customer reInforce Ihe ends. Deafer diSClaimIng any responSIbility regarding the manner of saId reinforcement. ,. Ie, Customer or the erector of (he building (0 be ccnscructed muse 101l0w and comoly With (he soecifications and instructions contained in the .foundlttion ';'~nual.[;t0 sUPo'led to Cus:omer, loundatlon manual, or U.channel manual or ,nduscrial basa connector ma"ual, which latter is (0 be used only in regard to foundation (/, measurements, "shall be Customer's resoonslblhty (0 properly ancnor ",e hUllding. . .. ... . . ........ .... .. '.,; 19, Customer or the erec(cr of the bUild,ng (0 be conscructed must lollow and comply wlen (he soecilications Md Instructio"S contai"ed in ,he erection niamiai/:<, supplied to Customer, . . . ...... ..........;.,e,;,j:; 20, Customer undarscands and agrees "'"' no agem, employee or reoresema(lve of Dealer has authority to bind Dealer (0 any affirmation, representalion Of\Vil1iiurty'..;:~;, concern,ng the goodS sold hereunder or (he bUlldl"g (0 be erected "'e,elrom, which os not see IMh here,". and Customer '""her IJnde"'tands end agreeS thOl'eny';';" such a~lrmatlo" 01 lact cf reoresentation Which os not set fO"h herern shali not conS(l(u(e a warranty, ., '" .. ,""i',::,,'.'Nit ,.-01'.0\., " 'J;:":::;.!":;:~X~N:~~) I , Law Off/c", O'BRIEN, IJARIC & SCHERER I i We-Sf SOUlh ,")"ref!1 Cllrli.r/l!. Pe1llU.VIVllflltJ I iOJ J Sltvcn J. FlJhman OICoUlUcl Rohert L. O'Bne" David ../. Banc .IIlchael A. Scherer (717) 249.687 J F.'LI" (717) :49.5755 April 17, 1998 Comet Steel Buildings, Corp. Attn: Gary Engkjer 512 Chartiers Avenue McKees Rocks, PA 15136 Re: Edward K. Beam Dear Mr. Engker: Please be advised that I have spoken with Mr, Beam in reference to the alleged contract that Mr. Beck proposed. Please be advised that there is no contract and in the event Mr. Beam's money is not returned immediately, he will have no recourse but to bring you into court. It is my opinion that your company, and Mr. Beck, have violated the Fair Trade Provisions of Pennsylvania law. Specifically, your contract did not provide the required notice of cancellation. In the event that you choose not to refund the money, Mr. Beam will have no alternative but to file an action against you here in Cumberland County. Very truly yours, O'BRIEN, BARIC & SCHERER - ---D6~ Robert L. O'Brien, Esquire RLO/rm cc: Edward K. Beam File ROBILETTERSlCOMETt.TR EXHIBIT "e" -~ '-'. .....,-..,~~._.4..._._.. ~ - .. ."...---.-.....-,....-.