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Home My WebLink About00-05175 , . ",",,", 'C, ,n' '>,"'~ ^, .",,-~"" S. H. BLACK & SON, INC., Plaintiff, VB. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2000- 5'/75 - CIVIL TERM LYDIA TRUSCELLO SIPOS, Defendant CIVIL ACTION -LAW JURY TRIAL DEMANDED 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 Cornplaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with a 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 rnoney claimed in the Cornplaint or for any other claim or relief requested by the Plaintiff. You may lose rnoney 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, PA 17013 (717) 249-3166 By Atto or Plaintiff LAW OFFICES SNELBAKER, BRENNEMAN & SPARE LAW OFFICES SNELBAKER. BRENNEMAN & SPARE '., ',' ,'I '! S. H. BLACK & SON, INC., Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 2000 - s'/7S" - CIVIL TERM LYDIA TRUSCELLO SIPOS, Defendant CIVIL ACTION -LAW JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiff, S. H. Black & Son, Inc., by its attorneys, Snelbaker, Brenneman & Spare, P.C., and avers the following causes of action at law: COUNT I BREACH OF CONTRACT 1. Plaintiff is S. H. BLACK & SON, INC., a Pennsylvania business corporation, having its principal and registered office at 106 North Walnut Street in the Borough of Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant is LYDIA TRUSCELLO SIPOS, an adult individual, who resides at 237 North 33rd Street in the Borough of Camp Hill, Cumberland County, Pennsylvania. 3. At all times relevant hereto, Plaintiff was in the business of repairing and restoring residential housing. 4. At all times relevant hereto, Defendant was the owner of certain real LAW OFFICES SNELBAKER. BRENNEMAN & SPARE 0>",<'-',,", ':.:::'''--" :-,~,e;,:':( ;,- ;,;--;",::,: estate improved with a dwelling house known and numbered as 237 North 33rd Street, Camp Hill, Pennsylvania, 17011. See deed recorded in the Cumberland County Recorder of Deeds' Office in Deed Book 159, Page 776. . 5. On or about September 21, 1999, Defendant requested Plaintiff to perform certain repair and restoration work in the kitchen area of the above referenced premIses. 6. On or about September 24, 1999, Plaintiff submitted to Defendant a written proposal to do the requested work, a copy of which proposal is attached hereto marked "Exhibit A" and incorporated herein by reference thereto. 7. On or about October 12, 1999, Defendant accepted the proposal in "Exhibit A". 8. On or about October 18, 1999, Plaintiff commenced performance of the work and supplied materials as contained in the proposal in "Exhibit A". 9. In the course of performing said work, Defendant indicated her desire 0 replace a countertop. On or about October 22, 1999, Plaintiff submitted a revised written proposal, including the replacement of the countertop, to Defendant, a copy of which is attached hereto marked "Exhibit B" and incorporated herein by reference th,ereto. 10. On or about October 26, 1999, Defendant accepted the revised proposal and Plaintiff executed the work. 2 I LAW OFFICES SNELBAKER. BRENNEMAN & SPARE ;;,C,e"',,'.,,-,';,O' -'2,-,"\":,.,<,.0 11. In the course of performing the work, Defendant authorized Plaintiff to replace the kitchen sink and to install a floor leveling underlayment in preparation of installation of new floor material by others. 12. The fair and reasonable cost of the materials and labor to perform the items averred in paragraph 11 are: Purchase and install new stainless steel sink - Purchase and install flooring underlayment - $ 70.68 272.64 13. Plaintiff completed all of said work on or about December 2, 1999. 14. The total amount due Plaintiff for its materials and labor was as follows: Revised general proposal: Plus: extras New Sink - Flooring U nderlayment $1,967.75 $70.68 272.64 343.32 Total: $2,311.07 15. On or about November 1, 1999, Defendant's property insurance company paid $508.45 to Plaintiff on account of the charges itemized in paragraph 14, leaving an unpaid balance of $1,802.62. 16. The prices charged by Plaintiff for its services and materials were fair and reasonable and were the prices Defendant agreed to pay. 17. Plaintiffs work was done in a good and workmanlike manner. 18. Plaintiff has demanded payment of $1,802.62 from Defendant which Defendant has failed and refused to pay. 19. Defendant's failure and refusal to pay the balance aforesaid constitutes a material breach of the parties' agreement. II 3 LAW OFFICES SNELBAKER, BRENNEMAN & SPARE ~ ....' ~""", -~",' ','..--,' '" ';", "'''''':,"G'" ,", -,,","";;' k"",'--- WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $1,802.62 plus interest thereon and the costs of this action. COUNT II UNJUST ENRICHMENT/QUANTUM MERUIT (Alternate to Count I) 20. The averments contained in paragraphs 1 through 19 hereinabove are incorporated herein by reference thereto. 21. The services, work and materials provided by Plaintiff to Defendant were not provided as a gratuity. 22. The charges for the services, work and materials provided by Plaintiff to Defendant were fair, reasonable and customary and not objected to by Defendant. 23. Defendant wrongfully received the benefits of Plaintiffs services and work performed and materials provided, which benefits are and would be unconscionable for Defendant to retain without payment. 24. Defendant has been unjustly enriched at the expense of Plaintiff in the amount of $1,802.62. WHEREFORE, Plaintiff demands judgment against Defendant in the 4 I LAW OFFICES SNELBAKER. BRENNEMAN & SPARE amount of $1,802.62 plus interest thereon and the costs of this action. , BRENNEMAN & SPARE, P.C. By ic . Snelbaker, Esquire 44 West Main Street P.O. Box 318 Mechanicsburg, P A 17055-0318 (71 7) 697-8528 Attorneys for Plaintiff 5 LAW OFFICES SNELBAKER, BRENNEMAN & SPARE '" ~ ~o'< " i ".','" .' '. ,.~__ _'"__,' VERIFICATION I, S. ANDREW BLACK, do hereby verify and certify that I am the President of S. H. Black & Sons, Inc., the Plaintiff in the foregoing Complaint, that I am authorized by Plaintiff to make this verification on its behalf, and that the facts contained in said Complaint are true and correct to the best of my knowledge, information and belief. I understand that any false statements in said Complaint are subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. ~2a~,~ Dated: July,}), 2000 6 I , "".'", ~ S.IL BLACK & SON INC. 106 North Walnut Street Mechanicsburg, Pa. 17055 Phone 717-697-7016 Fax 717-697-6282 Type of Estimate: Type of Estimate: Water Client: Client: Lyda Sipos Home: 975-2976 Home: 237 N. 33rd St. CampHill,PA 17011 Operator: Operator: ANDY Estimator: Estimator: S. Andrew Black Fax: 697-6282 Business: 106 N. Walnut St. Mechanicsburg, P A 17055 Dates: Date Entered: 9/24/1999 Price List: P AHA9S9C Estimate: SIPOS Exhibit A - , , - ~ , ~ ,,,,.,,:;,, S.H. BLACK & SON INC. 106 North Walnut Street Mechanicsburg, Pa. 17055 Phone 717-697-7016 Fax 717-697-6282 SIPOS Room: Kitchen LxWxH 13'6" x 13'0" x 8'0" i I I I Sink - double - Detach & reset 1.00 EA@ 64.92~ 64.92 Garbage disposal- Remove & reset 1.00 EA@ 44.59~ 44.59 Dishwasher - Remove & reset 1.00 EA@ 77.88~ 77.88 Range - electric - Remove & reset 1.00 EA@ 29.52~ 29.52 Refrigerator - Remove & reset 1.00 EA@ 22.15= 22.15 Conntertop - post formed plasticlaminate - Detach & reset 17.00 LF@ 7.81~ 132.77 Cabinetry -lower (base) units - Detach & reset 11.00 LF@ 8.19~ 90.09 R&R Sheathing - plywood - 3/4" - tongue and groove 192.00 SF@ 1.97= 378.24 Framing repair - Minimum charge 1.00 EA@ II 0.Q2~ 110.02 Add aditioUlu framing to support seams of new sub floor. Necessary because can not remove sub-flooring from under walls. Finish carpentry - Minimum charge 0.25 EA@ 130.00~ 32.50 Remove and reset trim as necessary to remove counter top. Remove Disposal 1.00 EA@ 65.00~ 65.00 Room: Basement 5"~m=~~" .co-,.r ,- ~" -----.,.,;'- 'M "~,., -. -.- . - , . - -~~'-::>i --. '--~-1~ir-"""'sii' ',,-; --::'m'r"~'l\I ~~I!l!~lJjlPl1~o __ _ ". _ '. ,_ ~__~~ u ~__ _ \;l,~ .___ ._~m~ . _ .. _.~__L~',," Insulation - Minimum charge Replace insulation which is holding odor above the suspended ceiling. Suspended ceiling tile - Detach & reset Clean misc. areas or items 1.00 EA@ 115.00~ 115.00 150.00 SF@ 1.00 EA@ 0.14= 20.50~ 21.00 20.50 [ _ _ _ _ _ > __~ _ ~ ~ _ _ _ _ __ _ _ _ _ _ c ';:" fhliit~~Jfotal Areas: "_.__ __ .. u . ___ __ __"I 424,00 SF Walls 175.50 SF Floor 108.00 SF Long Wall 175.50 SF Ceiling 19.50 SY Flooring 104.00 SF Short Wall 599.50 SF Walls If< Ceiling 53.00 LF Floor Perimeter 53.00 LF Ceil. Perimeter SIPOS 06/07/2000 Page: 2 Exhibit A ',-- , ~'L S.H. BLACK & SON INC. 106 North Walnut Street Mechanicsburg, Pa. 17055 Phone 717-697-7016 Fax 717-697-6282 ,,~"" :~" -'OOl~idi~:'-~ie!iC=_~" ===-== _ '. .=:==~_== =~}; ~ = =':-:-, :: =:= ,:_~_~ ' '-~= ,_ ,===::' j]1 Total Line Items Material Sales Tax Cleaning Materials Subtotal Overhead Profit Cleanin 6.000% 6.000% 176.64 1.02 1,204.18 10.60 0.06 1,214.84 121.49 121.49 1.47 S. Andrew Black SlPOS 06/07/2000 Page: 3 Exhibit A ", L" 'i: S.H. BLACK & SON INe. 106 North Walnut Street Mechanicsburg, Pa. 17055 Phone 717-697-7016 Fax 717-697-6282 Type of Estimate: Type of Estimate: Water Client: Client: Lyda Sipos Home: 975-2976 Home: 237 N. 33rd St. CampHill,PA 17011 Operator: Operator: ANDY Estimator: Estimator: S. Andrew Black Fax: 697-6282 Business: 106 N. Walnut St. Mechanicsburg,PA 17055 Reference: Reference: Prudential Insurance Co. Business: (800) 329-7394 Adjustor: Scott Predix Ph: 1-800-329-7394 Fax: 248-6019 Dates: Date Entered: 10/22/1999 Price List: P AHA9S9C Estimate: SIPOSWIREV , ,'". , , '._.,,_u n" ~._ .... '_'.. .. ._.. . '''.' !! i~m-1Relting Statement: .' :~ ~" -, = The following proposal is a revision to the original created on 9-24-99 and includes the actual work that has been completed as of this date. The changes to date include: Customer moved her own appliances The counter top had to be replaced because it was built in place and nailed to cabinets. Cabinets were not box construction so had to reassembled after moving. Plywood thickness varied slightly from porposed. Basement wall cavity, ceiling cavity and under the carpet was fogged with a mildecide. In addition there is still one outstanding issue. Our company did all the necessary repairs to make ready for the flooring company to come in and remove one layer of floor and underlayment and lllen install there new floor over top of new underlayment. Because we have fixed the floor they no longer want to complete the underlayment portion of the job. I have quoted the customer $ Exhibit B - ~~ ~~ ~-- ,~ ~'t S.H. BLACK & SON INC. 106 North Walnut Street Mechanicsburg, Pa. 17055 Phone 717-697-7016 Fax 717-697-6282 272.64 to make the floor ready for vinyl. She has indicated she will get back to us on this issue. Thank you for your help in resolving these on going issues. SIPOSWIREV Exhibit B 06/07/2000 Page: 2 , '..' , , ~ S.H. BLACK & SON INC. 106 North Walnut Street Mechanicsburg, Pa. 17055 Phone 717-697-7016 Fax 717-697-6282 Room: Kitchen SIPOSWIREV LxWxH 13'6" X 13'0" x 8'0" Illl.w.+S9 '-jr~c" ,'HO, --"':;~T' w~~- ~~~ , -'-'~ ~, ~ ""o:,^_"CT ,--, -m "=. -m',' - , l\!l:,t'i" ~~ .l",d... .15,_ ,,. ~"b," __ _____, . __ _, ___,___, '__-,,,,,-_'!cjJ',~L,,_ <111cl~1111a.:m:,,_... ~"~'- Sink - double - Detach & reset Garbage disposal - Remove & reset Sink fuucet - DetaCh & reset R&R Countertop - post formed plastic laminate Cabinetry - lower (base) units - Detach & reset R&R Sheathing - plywood - 3/8" R&R Sheathing - plywood - 3/4" - tongue and groove Different thicknesses of plywood used to bring floor to correct height. Framing repair - Minimum charge 1.00 EA@ II 0.02~ 110.02 Add aditional framing to support seams of new sub floor. Necessary because can not remove sub-flooring from under walls. Finish carpentry - Minimum charge 1.00 EA@ 130.Q]~ 130.01 Remove and reset trim as necessary to remove counter top. Rework built in place base cabinits after they were removed for floor repairs. Remove Disposal 1.00 EA@ 1.00 EA@ 1.00 EA@ 19.75 LF@ 11.00LF@ 64.00 SF@ 128.00 SF@ 64.92~ 44.59~ 26.58~ 27 .09~ 8.l9~ 0.94~ 1.97= 64.92 44.59 26.58 535.03 90.09 60.16 252.16 1.00 EA@ 65.00~ 65.00 Room: Basement ",.,~,,_.,,-~o-, -,. -- ,- - ~-- - /. .,---.". .- .'-' ..... ;. ,. "---'--7'\,'li\I-. .. "'--iill!ffll!€~T'''~r'c:-':.__i 11~~n:+'l;"!UIlL ... ..." . ... ........ ..__ ,"'. ~ ~L~.., _ . ___"-... "'____..._ Insulation - Minilnum charge Replace insulation which is holding odor above the suspended ceiling. Suspended ceiling tile - Detach & reset Clean misc. areas or items Wet fog mildecide under carpet and pad Fog all voids where mildew might have started. 1.00 EA@ 115.00= 115.00 150.00 SF@ 0.14= 21.00 1.00 EA@ 20.50= 20.50 1.00 EA@ 65.00= 65.00 !'i'~ ~ - --- ~ - - - - - - ~ , - --- ~~-- = ,9'1 ~!i!B!J !'fotal Areas: ... ____ _ . , . . . , .. . _. ,.,:1'1 424.00 SF Walls 175.50 SF Floor 108.00 SF Long Wall 175.50 SF Ceiling 19.50 SY Flooring 104.00 SF Short Wall 599.50 SF Walls & Ceiling 53.00 LF Floor Perimeter 53.00 LF Ceil. Perimeter SIPOSW/REV 06/07/2000 Page: 3 Exhibit B ", S.H. BLACK & SON INC. 106 North Walnut Street Mechanicsburg, Pa. 17055 Phone 717-697-7016 Fax 717-697-6282 .'-~>= ~=3"ii'-~1-T"'T~-~".-"-~~"~'" --'" "~~ --, --T< ,~~ -_ ~~~_~~~_"~~ _~~o~ _ -"j """ ~__!&~@;J;~~~~J~~!~ro _.____~_ ,,__ c___ _ __ _ _ ___ _ __. __." t,: Total Line Items Material Sales Tax Cleaning Materials Subtotal Overhead Profit Cleanin 6_000% 6.000% 547.24 27.67 1,600.06 32.83 1.66 1,634.55 163.46 163.46 6.27 S. Andrew Black SIPOSWIREV 06/0712000 Page: 4 Exhibit B / ,'< 'lA' SHERIFF'S RETURN - REGULAR CASE NO: 2000-05175 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BLACK S H & SON INC VS SIPOS LYDIA TRUSCELLO DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County, pensylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon LYDIA TRUSCELLO SIPOS the DEFENDANT , at 0014:07 HOURS, on the 2nd day of August , 2000 at 237 N 33RD ST CAMP HILL, PA 17011 by handing to LYDIA SIPOS a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 8.06 .00 10.00 .00 36.06 ;::~~ R. Thomas Kline 08/04/2000 SNELBAKER, Sworn and Subscribed to before By: BRENNEMAN & SPARE ~ ~~i. Deputy Sheriff h' ",!t- me t l8 .- day of ()"'r,r:LenJO . A.D. C ];r- O. h..cll. ~<< othonotary S.H. BLACK & SON, INC., Plaintiff vs. LYDIA TRUSCELLO SIPOS Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2000 - 5175 - CML TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO: Curt Long, Prothonotary Cumberland County Courthouse I Courthouse Square Carlisle, P A 17013-3387 Enter the appearance of the undersigned on behalf ofthe Defendant, Lydia Truscello Sipos. Dated: dtp ~~( ~ LAW OFFICE OF ROBERT P. REED BY:~~ Robert P. Reed, Esquire 3461 Market Street Camp Hill, PA l70ll 717909-6637 Attorney's I.D. No 15624 . ~< "~ ~ '" i1i."l!l!' CERTIFICATE OF SERVICE AND NOW on this~ay of August, 2000 I Robert P. Reed, Esquire, hereby certifY that I served the within Praecipe for Entry of Appearance this day by depositing the same in the United States mail, postage prepaid, in Camp Hill, Pennsylvania, addressed to: Richard C. Snelbaker, Esquire Snelbaker, Brermeman & Spare, P.C. 44 West Main Street P.O. Box 318 Mechanicsburg, P A 17055 LAW OFFICE OF ROBERT P. REED BY:~~ Robert P. Reed, Esquire 3461 Market Street Camp Hill, P A 17011 717 909-6637 Attorney's I.D. No. 15624 '~A* '""""'.~ ~""''''1!!!i!ili.i~lM~~.>ll~i!i~,"%!.lli1i'1!>b~~~!'i'irJ~*'1a!~W ~ ~ji. ~ =~ J li.~l>:~~ :~ ~~ "I"" '"........ ~ ~ ^-"'Ilijj'j?! Jljl~~~"~" (") 0 C) C 0 ~'n <' ~ -r)r"] ,- nlq ~".iJ Z_<.., zr :"0 crt >, -.- --< ~Z: !;::C.! :!;.~ ~C ....,.". .,~ --- .-j,,,," ~,>: C) -;;0 5 ;--::,;:;;rn C -, :z "::::\ -". :;! co :D -c c ,~''''''''''''''-''''' ' - ~ .. ,., ~ ' ., " , . L. '. Jl."", S. H. BLACK & SON, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA vs. NO.2000-5175 - CIVIL TERM LYDIA TRUSCELLO SIPOS, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO PLEAD TO: S. H. Black & Son, Inc. c/o Richard C. Snelbaker, Esquire Snelbaker, Brenneman & Spare, P.C. 44 West Main Street P.O. Box 318 Mechanicsburg, P A 17055 You are hereby notified to file a written response to the enclosed Answer with New Matter Containing Counterclaim within twenty (20) days frorn service hereof or judgment may be entered against you. LAW OFFICE OF ROBERT P. REED BY:~~ Robert P. Reed, Esquire 3461 Market Street Camp hill, PA 17011 717 909-6637 Attorney's J.D. No. 15624 Attorney for Defendant Dated: ~-r2lf -t9tJ I ~ S. H. BLACK & SON, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. No.2000-5175 - CIVIL TERM LYDIA TRUSCELLO SIPOS, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER WITH NEW MATTER CONTAINING COUNTERCLAIM COUNT I BREACH OF CONTRACT AND NOW, comes the Defendant by her Attorney, Robert P. Reed, Esquire, and responds as follows: 1. Admitted. 2. Admitted. 3. Adrnitted. 4. Admitted. 5. Aclrnitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Denied. The contract between the parties required that the Plaintiff detach and reset the countertop in the Defendant's kitchen. During the course ofthe work, it was .- "~, R" learned that due to its manner of installation the countertop could not be detached and reset without breaking it up. It was therefore necessary to replace the countertop, but the Defendant believes and further avers that the manner of the countertop' s installation and the difficulty in removing it were matters which could have been discovered qy the Plaintiff upon reasonable inspection. Furthermore, the replacement countertop installed by the Plaintiff was improperly finished necessitating a second replacement countertop. As to the remaining averments ofthis paragraph, the same are denied as the estimate of October 22, 1999, Exhibit B to the Complaint, was never presented to the Defendant until after the completion of work, and was never agreed to by her. 10. Denied. The Plaintiffs estirnate of October 22,1999, Exhibit B to the Complaint, was never presented to the Defendant until after the completion of all work, and was never agreed to by her. II. Admitted. 12. Admitted. 13. Denied. While the last work performed by the Plaintiff may have been on or about December 2, 1999, the work performed was primarily cornpleted prior to November I, 1999. Furthermore, the averments of this paragraph are denied as the Plaintiff failed to complete the obligations it undertook by its estimate of September 24, 1999, Exhibit A to the Complaint, in that: a. Plaintiff was obligated to replace 192 square feet of plywood sheathing, being the entire floor of the Defendant's kitchen. Plaintiffreplaced only 36 square feet of sheathing, being that area of flooring directly under the cabinets. ." b. Plaintiff did not replace the insulation nor the ceiling tile in the basement, which was its obligation under the estirnate of September 24, 1999, Exhibit A to the Complaint. c. The Defendant had to remove and reset her own dishwasher, range and refrigerator, which work was the obligation of the Plaintiff under the estimate of September 24, 1999, Exhibit A to the Complaint; d. Plaintiff could not have installed the additional framing to support seams of new sub floor as only 36 square feet of sheathing was actually replaced; and e. In replacing the sheathing Plaintiff used the thinner layers on the bottom and thicker layers on top, which was contrary to good practice and sound construction principles. 14. Denied for the reasons set forth in the foregoing paragraphs and hereinafter in New Matter, which averments are incorporated herein by reference. 15. Adrnitted in pact and denied in pact. It is admitted that Defendant's property insurance company paid $508.45 to Defendant on or about November I, 1999. It is denied that any further sums are payable to the Plaintiff for the reasons set forth in the foregoing paragraphs, and New Matter hereinafter, which averments are incorporated herein by reference. 16. Denied. After reasonable investigation the Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph and the same are therefore denied and proof thereof is demanded. It is further specifically denied that any agreement existed under which the Defendant was " -JOe to pay the charges set forth in the estimate of October 22, 1999, Exhibit B to the Cornplaint. 17. Denied. While some work was completed in a good and workmanlike manner, much work was left uncompleted as detailed in the foregoing paragraphs, which averments are incorporated herein by reference. Furthermore, the flooring work done by the Plaintiff was so poorly performed and leveled that the vinyl installer would not complete the work without a waiver signed by the Defendant and refused to warrant his work. 18. Admitted. 19. Denied, for the reasons set forth in the foregoing paragraphs and in New Matter hereinafter, said averments being incorporated herein by reference. WHEREFORE, Defendant demands judgment in her favor and against the Plaintiff. COUNT II UNJUST ENRICHMENT/OUANTUM MERUIT (Alternate to Count I) 20. The averments contained in paragraphs one through nineteen above are incorporated herein by reference as though set forth at length. 21. Admitted. 22. Denied. After reasonable investigation the Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of this . - t< paragraph and the same are therefore denied and proofthereof is demanded. By way of further answer, Defendant was not shown the estimate of October 22, 1999, Exhibit B to the Complaint, until after the cornpletion of work and therefore had no opportunity to object to the charges shown therein. 23. Denied for the reasons set forth above and as contained in New Matter hereinafter, which averments are incorporated herein by reference. 24. Denied for the reasons set forth above and as contained in New Matter hereinafter, which averments are incorporated herein by reference. WHEREFORE, Defendant demands judgment in her favor and against the Plaintiff. NEW MATTER CONTAINING COUNTERCLAIM 25. The averments contained in paragraphs one through twenty-four above are incQrporated herein by reference as though set forth at length. 26. Following the departure of the Plaintiff and its employees, Defendant had vinyl tile laid in her kitchen by a separate contractor. The resultant work was unsatisfactory due to the poor preparation and leveling which was the obligation ofthe Plaintiff under its estimate ofSepternber 24,1999, Exhibit A to the Complaint. 27. Due to the poor floor preparation and leveling as set forth in the foregoing paragraph, the vinyl contractor engaged by the Defendant refused to install the vinyl without execution of a waiver and will not warrant the work. ~'6 28. Due to the failure of the Plaintiff to perform the work called for in the estimate of Septernber 24, 1999, Exhibit A to the Complaint, or to complete the same in a good and workmanlike manner, the vinyl in the Defendant's kitchen must be removed and the floor prepared once again for proper installation of vinyl. Defendant has obtained an estimate for said work in the sum of$I,280, a copy of which estimate is attached hereto as Exhibit A. 29. Due to the poor and incomplete performance by the Plaintiff ofthe work undertaken by the estimate of September 24, 1999, Exhibit A to the Complaint, in addition to the additional flooring work referred to in the foregoing paragraph, restoration of the Defendant's kitchen floor requires reinstallation of vinyl and attendant work for which the Defendant has been given an estimate of$I,339.17. A copy of said estirnate as completed by insertion of the terms for the number of appliances and linear feet of cove base is attached hereto as Exhibit B. 30. The sole reason the Defendant will incur the total costs of $2,619.17 is due to the poor and incomplete performance by the Plaintiff of its obligations under the estimate of September 24,1999, Exhibit A to the Complaint. 31. By reason of the Plaintiffs failure to complete its obligations under the estimate of September 24, 1999, or to complete said obligations in a good and workmanlike manner, the additional work which must be undertaken as aforesaid has resulted in a delay of completion of the repairs to the Defendant's kitchen with consequent and unnecessary loss of use. A reasonable sum therefore is requested. ~~~" ~ ~'''--' WHEREFORE, Defendant demands judgment in her favor and against the Plaintiff in the sum of$2,619.17, a reasonable amount for the inconvenience and loss of use caused by the Plaintiffs improper performance, together with interest thereon and the costs ofthis Action, which sum is less than $25,000 thus requiring referral to compulsory arbitration. LAW OFFICE OF ROBERT P. REED BY: ~~ Robert P. Reed, Esquire 3461 Market Street Camp Hill, PA 17011 717 909-6637 Attorney's LD. No. 15624 Attorney for Defendant Dated: ~ - cJ"? - ([/CJ - ,;; ~fOPOfa[ GRAHAM ENTERPRISES 215 ~ WEST SIMPSON STREET MECHANICSBURG, PA. 17055-6319 PHONE (717) 766-4839 Fax: (717) 796-9475 HOME IMPROVEMENTS Electrical Service & Telephones Installed Burglar & Fire Alarm Systems PROPOSAL SUBMITI'ED 1'0: Lydia Sipos ~'T1UlET 237 N. 33rd Street, CITV, STATE, ZIP c....p Hill, Ila 1701 ARCHITECT DATE 04105100 PROPOSAL # GE 2000-023 JOB PHONE 975-2976 We rn:reby submit specifialtiQJ1ll and estimates for: Remove vinyl in' kitchen to determine best way to level floor. Should skimming be detennined to be acceptable the cost will be as indicated beloW, including replacing vinyl (replaCement vinyl to be furni~h~ by owner), If floor is damaged to where subfloor must be reJDaved'and repla~. weck will be done on a time and material basis, , , In no instance is any cabinet to be removed with the exceprion'ofthe small cabinet near the stove, All applicance to be placed back: in the original location, PlastiC to be placed over doorways to reduce the dust and dirt ~vel in the rest of the house, All materials to be discarded by contra<:lor. We .Jlr.p... be"'pl. lu.nl'b m.ltr'.l .n'I.'.. . ..mpWe In .'.....nlt lDilb.'.b. .p.oli..Uolll, 10. lb. 'um .1: One Thousand TWo Hundred EigbIY ($1280.00) Dollars and 001100 .tl.pmenll. ,. 101'. <Ill lolloW.: Four Hundred ($400.00) Dollars dOwn on acoeptance of proposal, Four Hundred ($400.00) when floor is leveled and ready for new vinyl, and balance on completion. . Aulborized sign.ture: /'. . ~.~ (f t If ! ~~ 5 ~ ""... Note: This proposal may be withdrawn by us if not accepted within fifteen (15) days, AcceplBflcc ofProposa1 . The above prices, specificati~ conditions are satisfactory and are hereby accepted. You are authorizod to do the work as specifieJ. Paym~t will be made as outlined above. and according to the terms and conditions outlined on reverse side of fonn. Date of Acceptance: Signature: Signature: EXHIBIT A ~.i.i' ILJ1!1m' ,-.;"-,,",,, ~~~lin~H~~~i..~':Wi~il.iill:~''l$$tN*~~N-)j~M"iOO''i':<tii,d'O';''''''''''''8ic,;;j&.~'~i!i!~~,;i,J!iI>;~~_~~ ' ~, ~~I~.i~~lilm. _I' T arms and Conditions 1) All material is guaranteed to be as specified. All WOI"k to be completed in a 'WOrkmanlike manner according III standard industry practices. , : ,\ 2) Any aUeration or deviation from the above specifications invoMng extra ~ will become an extra charge over a,nd above the.esti~.ate. Any ~~ditional Work reqUired due to unforeseen and existing conditions will be done on a time and material basis only after customer approval, eIther orally or In wntlng. 3) All agreements contingent upon strikes, accidents, or delays beyond our control. 4) Owner responsible for any permits, licenses or inspection costs unless noted above Owner to cany fire, tornado and other necessalY insurance. . 5) There are no obligations or liabilities on the part of Graham Enterprises or William S. Graham, Jr. for consequential damages ~rising ~ut of or i~ connection with the use or performance of these products or other indirect damages with respect to loss of property, revenue, orprofil, (If cost of removal, Installation, or remstallatlon, 6) Warranty: AU equipment installed per agreement guaranteed for a period of one (1) year from the date o(ins~lIation, This excludes ~ems where nannal wear and tear is expected to last less than a full one year period. Arr; repairs to the equipment by any other than Graham Enterpnses pef6:O"nel may VOid the warranty. Non-emergency warranty service Will be performed during normal Graham Enterprises pperating hours. The warranty may be suspended If payments are overdue. 7) Subscriber agrees to jndemni~, defend and hold harmless Graham Enterprises from and against all claims, demands, liabilitieS, cta~ges, losses, expenses, includin,g attorneys fees and la'NSuits which may be ab':-Jerted against or incurred by Graham Enterprises by or due to any person not a party ~~ this agreement ~ any expense, 10$5, or damage including but not limited to statutory civil damages, personal injury, death and lor property damage (real or personal) ~nslng out of the design, sale, le.ase, installation, repair service, dispatch, maintenance monitoring recording of communications operation or non-operation'of the equIpment ~~he.r due to the sole JOInt or severe negligence of Graham Enterprises or its agents, servants, employees, suppliers or subcontractors, breach of CMtract, exp~ed Of I~pfied b~Ch of wa.nanty, express or implied product or strict liability, and/Or any claim fOl" contribution or indemnification whether in contract tort ~ equity, Notwithstanding anything contained herein to the contrary this paragraph shall not apply to clt.lims for loss 0( damage caused directly and solely by the negligence of an employees. of ~raham I::nte~ns~ while on Subscriber's premises, provided however that thiS exception shall be limited to the amount of proceeds received from Graham Enterprises Insurance poJlcy(les) applicable to the claim or action. 8) Work stoppage. A work stoppage may be c\eClared and all equipment and material removed due to nonpB"l,ment in acoordance v.1th the payment schedule listed on reverse side of this form. Payments for work defined in paragraph 2 atxwe may be requested either in advance of the additional work being preformed, or upon completion of the additional 'WOrk. 9) Central Station monitoring (if part of the proposal) may be suspended at any time for non-payment of monitoring fees as required. 10) Subscriber does hereby for himself and all parties claiming onder him release and discharge Graham Enterprises from and against all hazards CO'Iered by insurance or bond. It being expleSSly understood and agreed that no insurance company ,insurer or bonding company or their successOJS or assigns shall haw any rights created by a Loan Agreement, Loan Receipt or other like documents or procedure Of any right of subrogation against Graham Enterpri~ if the Subscriber is not prohibited under the insurance policy or bond from waiving such right. 11) In order that Graham Enterprises may pedorm the &elVices set forth herein, Subscriber agrees to provide Oraham Enterprises with unrestricted access to the premises and to permit installation, repair, and service and lor maintenance in accordance with this proposal, if any whictl is incorporated herein by reference and Graham Enterprises standard practices. Graham Enterprises reserves the right to substitute equipment of equal or better performance at its' sole discretion. Subscriber acknowledges that Graham Enterprises has no knowledge of exi61ing hidden pipes wire or otfler like objects within walts, floors, ceilings and other concealed spaces and it is Subscriber's obligation to advise Graham Enterprises of such hidden objects, failing whicn Graham Enterprises shall have no liability whatsoelJer for any damages, losses or expenses for pen;;onal injulY, including death or to real or personal property caused by or invoMng such hidden objects during installation, repair, seMce or maintenance of the system, even if due to the actiw or passive sole joint or severe negligence of Graham F:nterprises and/or its agents, servants, employees suppliers or subCOntractors. Graham Enterprises makes no representation, promise, warranty or guarantee of deli\lery and installation of equipment or commencement of services by any particular date, and Subscriber agrees that Graham Enterprises shall have no liability for loss, damage I)r expense to Subscriber, including any direct, special incidental, or consequential damages sustained by Subscriber due to any delay in delivery installation, commencement of completion of se",ices regardless of whether the delay is excusable or non-excusable andlor due to the sole or jOint, or sever negligence of Graham Enterprises or its agents, servants, employees, suppliers, or subCOntractors, 12 (a) Title to aU equipment and supplies shall remain at all times in Graham Enterprises unless sold and until fully paid for, Graham Enterpnses shall have a security Interest in the equipment sold hereunder until it is fully paid for and Subscriber agrees to perform all acts which may be necessary to assure Graham Enterprises security Interest in the equipment, Should Subscriber default in any payment for the equipment. Subscriber's authorizes and empowers Graham Enterprises to remO\l8 the equipment from the premises, to disconnect the equipment and to enforce any and all of Graham Enterprises rights as a secured party under the Unifonn Commercial Code, Such removal and/or disconnection shall not be deemed a waiver of Graham Enterprise's right to damages sustained as a result of Subscriber's default and Graham Enterprises shaH have the right to enforce any other legal remedy or right, Furthermore, Graham Enterprises shall by in no way obligated to repair, restore, or redecorate the premises in the event the equipment is removed as a result of Subscriber's breach of this Agreement, Graham Enterprises shall in no event be liable for direct, special incidental or consequential expense, loss or damage to the Subscriber resulting from such removal and/or disconnection whether due to the sole, joint Ol" sever~ negligence of Graham EnterprISes, its agents servants, employees, suppliers or subcontractors, and Subscriber hereby, releases Graham Enterprises for all such foregOIng expen~, loss and damage incurred by the Subscriber in this regard, risk of loss or damage to the equipment shall pass to Subscriber upon delivery to the preml~. Subscnber agrees incurred by the Subscriber in thiS regard, risk of loss or damage to the equipment shall pass to Subscriber upon delivery to the premises. Subscnber agrees that the equipment upon installation shaH remain personal property and in no event shall be l:teemed to be realty , whether affuced to the premises 0( not, (b) Oue,to the di'";Jption to G~ham Enterprises business caused by receipt of signals from Premi$S not under contract with Graham Enterprises subsequent to the t~rm~natlon of seMces, Subscnber .e~~rs and authoriZes Grllh~m Enterprises to peaceably enter the Premises and render the equipment incapable of communicating With Its Central Station with~ut any hablhty to Subscnber .a~d Subscriber her:eby releases Graham Enterprises for all general, special, incidental and consequential expense, loss and damage to Subscnber whether due to the sole JOInt or several negligence of Graham Enterpnses, its agents, servants, employees, suppliers or subcontractors. 13) A fee of 1.5% shall apply, with a minimum of Frve Dollars ($5,00) per m<<?nth on any unpaid balance. 14) Any plot plan, drawing, or specification produced for this proposal are proprietary information to Graham Enterprises and are not submitted as part of the actual proposal. Any costs incurred by Graham Enterprises are chargeable and payment is required prior to delivery of any plot plan, drawing, or specification. Any changes to any plan incurring additional expense is chargeable on a time and material basis. All drawings are to remain proprietary to Graham Enterprises for a period of five (5) years. 15) The latest editions of the foIlaNing codes will be utilized in aU construction or remodeling projects: A) The Building Officials and Code Administration (BOCA) National Building Code B) The cOuncil of American Building Omcials (CABO) 1 & 2 Family Dwelling Code C) The International Code Council (Ice) Intemational Plumbing Code 0) The ICC International Mechanical Code E) The National Fire Protection ASSOCiation (NFPA) National Electrical Code F) The BOCA National Fire Prevention Code '" p ~~" - -'"~'~ ., ,---." !!l "''''' 'j" ", - - "'-'-" . ~" ?- ) s y .hIe.) Jc.-.!-e kA- Nee; Urnc,o ()},'\yl L Ia,-d)~ sV>..J.Rvor f :Sf. 99 -Sy -,t 0'7/. '/7' /O.Do .s y ~ '::</0. 60 ..,t "it.so.sf .$ 1/8:.SO : ~-o. 0 C) (;L Sc. 110... ) .,g- SO. 00 ;;LS,00 V-er Jk-) ~C>, 00 ~ ..$ ~S-.C'o . ct.5-' (!)CJ t- -rt /, 7 '7 L.~. f...~J..II-ecl y 7.2 II..,~-alf- oft := / lea-, "8 ~ lJ~~~or ) l / I5S;;L 9 , +- ~o 5 If 5- .. L f ~ ~ , I /1 / /1/ ~ InS~//.d 4;rrx- " 1) , ---. .5c.c-m SeJU- fi / :3 31. 17 ~ (:v }J .,)5 a " q /0 ./ /;11 .*- ' c!aJo<<f/>titt-ed hy 6..',,;>,,7: 1:;7!Z~ecl.a>>I (/u.lMbc'r (J-f /4f7PI.a-.,a?$ ~fld II ne;r..... -Fe<?r &.(C cC!!veha-se. EXHIBIT B . "'",",,,' . . -'"""1t!.-:.1;, VERIFICATION I, Lydia Truscello Sipos hereby swear or affirm that the facts set forth in the foregoing Answer with New Matter Containing Counterclaim are true and correct to the best of my information, knowledge and belief, and that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Dated: 1/ 2,7 ~ -h-t~e4J#- y . a Truscello Sipos ~~'^ CERTIFICATE OF SERVICE AND NOW on this ~ay of August, 2000 I Robert P. Reed, Esquire, hereby certify that I served the within Complaint Against Additional Defendants this day by depositing the same in the United States mail, postage prepaid, in Camp Hill, Pennsylvania, addressed to: Richard C. Snelba\(er, Esquire Snelbaker, Brennernan & Spare, P.C. 44 West Main Street P.O. Box 318 Mechanicsburg, P A 17055 LAW OFFICE OF ROBERT P. REED ~~~ BY: Robert P. Reed, Esquire 3461 Market Street Camp Hill, P A 17011 717 909-6637 Attorney's LD. No. 15624 Attorney for Defendant . , '~ ;~"'"""~.' ~', '~''''~~i'~1:',lliii~llliL!~~!t~~,1!~5~'\l~~iiiitfJUl!l~''' ,7'~" -0:' ,~:.~!J>I'!'I~~,t,,~" ", ,~" "~,~," ,,~.y,~~, ,,,",' , ","'-'~"~'" ' __. '",<o("",--,;~",,~t." ,0 ,,", ~~ ",", -><,~"""''''' ~,'~ ",..".~ <-- ,,~, '"', =~~;:,~.. M"'~"-~i!il " 'u' ~" ,'~' '-'-"'"""'-"":"J: i (") C; G c: ."-" , '" r~ . ~/) I'" f ;~'~ {"'" Z . , -0 ;,.~~ ,- , :',1 ((.' ) en "~ ~(~~': l' J;-" ~) ~() " , ---(.) Ei ,,-c. C) ~'r:': "..:.;,' r-n '---' 2 :s! :< ,:.,) .C:- :0 -< III .... LAW OFFICES SNELBAKER. BRENNEMAN & SPARE , "if - ~,' "'", ,"," '.'<" ,:, :':.>: , , S. H. BLACK & SON, INC.; Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 2000 -5175 CIVIL TERM LYDIA TRUSCELLO SIPOS, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED REPLY TO NEW MATTER CONTAINING COUNTERCLAIM AND NOW, comes Plaintiff, S. H. Black & Son, Inc., by its attorneys, Snelbaker, Brenneman & Spare, P.C., and responds to Defendant's New Matter Containing Counterclaim as follows: 25. Denied. Paragraph 25 of Defendant's New Matter should be stricken as improperly requiring a reply to an answer which is not a recognized pleading under the Pennsylvania Rules of Civil Procedure. To the extent a reply is necessary, the averments of Plaintiffs Complaint are incorporated by reference herein and the allegations of Defendant's Answer are denied as iithey were set forth at length herein and denied seriatim. 26. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments concerning matters occurring "following the departure of the Plaintiff and its employees": therefore, all such averments are deemed to be denied pursuant to Pa. R.C.P. 1029 (c). It is specifically denied that Plaintiffs work was deficient in any manner. On the contrary, Plaintiffs work was performed in a good and workmanlike manner. It LAW OFFICES SNELBAKER, BRENNEMAN & SPARE , is further denied that Plaintiffs work was described only by its estimate of September 24, 1999, "Exhibit A" to Complaint. On the contrary, the estimate of September 24, 1999 was modified by the document attached to the Complaint as "Exhibit B". 27. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments concerning the work and terms of the "vinyl contractor" engaged by Defendant; therefore, all such averments are deemed to be denied pursuant to Pa. KC.P. 1029 (c). It is specifically denied that Plaintiffs work was deficient in any manner. On the contrary, Plaintiffs work was performed in a good and workmanlike manner. 28. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments concerning the alleged removal of vinyl and the estimate therefor; therefore, all such averments are deemed to be denied pursuant to Pa. KC.P. 1029 (c). It is specifically denied that Plaintiff failed to perform its work as contracted and that it was deficient in any manner. On the contrary, it is averred that Plaintiffs work was performed in a good and workmanlike manner and in total compliance with its estimate of September 24, 1999 ("Exhibit A!' to Complaint) as modified by the estimate of October 22, 1999 ("Exhibit B" to Complaint). 29. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments concerning the restoration of floor and "reinstallation of vinyl and attendant work" and the 2 ~ LAW OFFICES $NELBAKER. BRENNEMAN & SPARE , --''''.'--_,:-0' ," "',-0-"""-"- I ~. estimate therefor; therefore, all such averments are deemed to be denied pursuant to Pa. R.C.P. 1029 (c). 30. It is denied that Plaintiffs performance was poor and incomplete and confined to the estimate of September 24, 1999 ("Exhibit A" to Complaint). On the contrary, Plaintiffs work was described by both "Exhibit A" and "B" to the Complaint, which performance was accomplished in a good and workmanlike manner. 31. It is denied that Plaintiffs work was incomplete, not performed in a good and workmanlike manner and that its work resulted in any compensable delay. On the contrary, Plaintiffs work was described by both Exhibits "A" and "B" to the Complaint, which performance was accomplished in a good and workmanlike manner. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of averments concerning alleged "loss of use"; therefore, therefore, all such averments are deemed to be denied pursuant to Pa. R.C.P. 1029 (c). It is further averred that the request for damages for loss of use is not a lawful element of damages and the same should be stricken for lack of conformity to law. NEW MATTER RE COUNTERCLAIM Plaintiff avers the following new matter by way of further response and defense to Defendant's Counterclaim: 32. Plaintiffs work was undertaken in conjunction with Defendant's casualty insurance carrier, Prudential Property and Casualty Insurance Company J 3 ;,--"~:,,-;,,.' ,_ __''____n' " - ,-'J.."__,,,-__ " , ("Insurance Company"), which Insurance Company had undertaken on Defendant's behalf to pay for Plaintiffs work and materials. 33. Insurance Company duly approved Plaintiffs estimates, "Exhibit A" and "Exhibit B" to Complaint, and authorized Plaintiffs performance. 34. Insurance Company paid Plaintiff directly the sum of $508.45 (as averred in paragraph 14 of Complaint). 35. Said payment of $508.45 is the difference between the estimate contained in "Exhibit A" to the Complaint ($1,459.29) and "Exhibit B" to the Complaint ($1,967.74). 36. Plaintiff believes and, therefore avers, that Insurance Company paid the sum of $1,459.29 to Defendant less only any "deductible" requirement of the Insurance Company's insurance contract. WHEREFORE, Plaintiffrequests that the Defendant's Counterclaim be dismissed and that judgment be entered against Defendant and in favor of Plaintiff in accordance with the averments and demands of Plaintiffs Complaint. SNELBAKER, BRENNEMAN & SPARE, By ichard C. Snelbaker, Esquire 44 West Main Street P.O. Box 318 Mechanicsburg, P A 17055-0318 (717) 697-8528 Attorneys for Plaintiff LAW OFFICES SNELBAKER. BRENNEMAN & SPARE 4 LAW OFFICES SNELBAKER. BRENNEMAN & SPARE "__:,"'-':"""'_,!",'O"'_ - ',' . ...', - "'''-,,>,C:.'-- VERIFICATION I, S. ANDREW BLACK, do hereby verify and certify that I am the President of S. H. Black & Sons, Inc., the Plaintiff in the foregoing Reply to New Matter Containing Counterclaim, that I am authorized by Plaintiff to make this verification on its behalf, and that the facts contained in said Complaint are true and correct to the best of my knowledge, information and belief. I understand that any false statements in said Complaint are subject to the penalties of 18 Pa. C.s. ~4904 relating to unsworn falsification to authoriti S. Andrew Blac Dated: September :11 , 2000 5 LAW OFFICES SNELBAKER. BRENNEMAN & SPARE H"'4.~' ,,~;,'-c .,r" ""JS, " .'--:,J CERTIFICATE OF SERVICE I hereby certify that I am this date serving a true and certified copy of the within Reply to New Matter Containing Counterclaim upon the attorney for the Defendant by sending same first class mail, postage paid and addressed as follows: Robert P. Reed, Esquire 3461 Market Street Camp Hill, PA 17011 SNELBAKER, BRENNEMAN & SPARE, P.C. By Richard C. Snelbaker, Esquire 44 West Main Street P.O. Box 318 Mechanicsburg, P A 17055-0318 (717) 697-8528 Attorneys for Plaintiff Dated: September ill ,2000 Ii II ." ,,,,,.;;- -'~'-~~xllill:l~'Jllnj ',' " .' ,-.,.,,--~ ~',~ =." ,,~,.,,~,' ,-~~,-~ .,-. - ,~", --" ,..~ :.L>",,~",':.c.: j.'O""" ",.-. 01;. -. .,~ --. - ~~,. ;.,-"", - ~ . -,," -."~ . < <.~, ~, -. g 0 C; <:;;) '''\,i' :;:: en ""Oc:.\ M ':~ f'tHT1 -'0 Z:c N "'-::1 ~JJ Zc;:: UJ....;:;,. ~:~ ~~~ -</~ k'C~ "'"D ~O ::;;: ~~)~ ~g ~ -..{ Z 0 5, ~ (::;l -< . t~ :,,~ . . . 0' .. S.H. BLACK & SON, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V AN1A vs. No.2000-5175 CIVIL TERM LYDIA TRUSCELLO SIPOS, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED COUNTER-REPLY AND NOW, comes the Defendant-counterclaimant by her Attorney, Robert P. Reed, Esquire, and represents the following: 32. Admitted. By way of further answer, Defendant believes, and therefore avers, that substantial contacts and communications existed between the Plaintiff and the insurance carrier, and without any participation by the Defendant. Defendant believes, and further avers, that the issue of insurance is irrelevant to the merits of this case. 33. Denied. After reasonable investigation Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph and the same are therefore denied and proof thereof is demanded. By way of further answer, as Defendant was not actively and directly engaged in contacts between the insurance carrier and the Plaintiff, Defendant has no knowledge of what approvals Plaintiff may have received on submitted estimates. 34. Admitted. However, Defendant was not informed of the direct payment from the insurance company to the Plaintiff in the sum of $508.45 until so informed by the /- ~ ,...,,*.O<!.i;;'b1L I , Plaintiffs office. Said information was then confirmed to the Defendant by the insurance company. 35. Admitted that $508.45 is the difference between the sums of$I,967.74 and $1,459.29. However, Defendant reiterates the statements made in her Answer with New Matter that she was never shown or approved the second estimate, Exhibit B to the Complaint, until the completion of the work. 36. Admitted. Defendant has received funds from her insurance company which funds were paid for the purpose of effecting repairs to the Defendant's property. Defendant denies that Plaintiff is entitled to said sums by reason of their poor and incomplete performance of the contract, as set forth in the Defendant's Answer with New Matter. WHEREFORE, Defendant requests judgment in her favor and against the Plaintiff as set forth in her Answer with New Matter. LAW OFFICE OF ROBERT P. REED BY: ~~ Robert P. Reed, Esquire 3461 Market Street Camp Hill, P A 17011 717909-6637 Attorney's I.D. No. 15624 Dated: /d' ~ ~ - od , , "- . .,-~ "'"".',< , VERIFICATION I, Lydia Truscello Sipos, hereby swear or affirm that the facts set forth in the foregoing Counter-Reply are true and correct to the best of my information, knowledge and belief, and that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Dated: Ib/~!o() ~ ~<:\~{I - " .1. ~ " .. CERTIFICATE OF SERVICE AND NOW on this S~ay of October, 2000 I Robert P. Reed, Esquire, hereby certify that I served the within Counter-Reply this day by depositing the same in the United States mail, postage prepaid, in Camp Hill, Pennsylvania, addressed to: Richard C. Snelbaker, Esquire Snelbaker, Brenneman & Spare, P.C. 44 West Main Street P.O. Box 318 Mechanicsburg, P A 17055 LAW OFFICE OF ROBERT P. REED BY: ~~~ Robert P. Reed, Esquire 3461 Market Street Camp Hill, P A 17011 717909-6637 Attorney's LD. No. 15624 JaJ Ma~)l"'-~~~~~.tcI,4~~I'iW'~Z,"";.,\k;:,1-:"!Wh!:j,i,,",#;g-j"Mlli:~gi~\tl:i~I~IIl!ml!ri~:m e, "-~~~ ildLmil "",,""- '~'~"'n--''JJl' (') 0 0 e- el -1'1 S c.:> -~ -OCJ " ,'02:: n'lr-'- _l z::;::.' . '-J 0-1 Zl- cr'\ 'Y ~~.~ "'tJ :~~ ~--,,;' ~~C) . , .~::::: rn u J>c --:-: -, z ,~ N ~ ::2 .;;- , " , 1. ., S. H. BLACK & SON, INC., Plaintiff vs. LYDIA TRUSCELLO SIPOS, Defendant ," IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V AN1A No.2000-5175 - CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR DISCONTINUANCE TO: Curt Long, Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013-3387 Discontinue the above action and mark the Docket accordingly. Dated: /; -If' -00 SNELB BY: Ri . Snelbaker, Esquire Counsel for Plaintiff LAW OFFICE OF ROBERT P. REED BY: ~~~ Robert P. Reed, Esquire Counsel for Defendant! Counterclaimant ~'-'~"""~~~~'I;;l_'liR~~~~~\:iJ~~i!J. ~. -^ ~Il .. ~- ...,_.~. ~ g o r"I c-, - ,.0 g '2' -005 rn r-n Z~! Zc;.., Cl) d:',. ::<.?-. ~O ~(l 'go )7C ~ .... Q" -0 -:J.b. -' f:-? ':..;> 0" -c1 F ,,0:\ ">;",' ^'.~~~ om .-\ )>' ~ '1