HomeMy WebLinkAbout00-06239
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JOHN I. LIDDICK and SYRA K.
LIDDICK,
Plaintiff
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
vs,
NO, 2000 -~9 CIVIL TERM
PAMELA A. HOPPER
d/b/a INTERIORS BY PAMELA,
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 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 PAPERS 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
Telephone: (717) 249-3166
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LIDDICK COMPLAINT I SEPTEMBER II, 2000 I DISK 25
JOHN 1. LIDDICK and SYRA K,
LIDDICK,
Plaintiffs
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYL VANIA
vs.
NO. 2000 - (,.z 39 CIVIL TERM
PAMELA A, HOPPER
d/b/a INTERIORS BY PAMELA,
Defendant
CIVIL ACTION - LAW
COMPLAINT
AND NOW come the Plaintiffs, by and through their attorney, Michael L. Bangs,
Esquire, and in support thereof files this Complaint based upon the following:
I. Plaintiffs are John 1. Liddick and Syra K. Liddick, adult individuals who reside at 209
South 15th Street, Camp Hill, Cumberland County, Pennsylvania.
2, Defendant is Pamela A. Hopper, an adult individual who trades or does business as
Interiors by Pamela, and resides at 4166 Nantucket Drive, Mechanicsburg, Cumberland County,
Pennsylvania.
3, In the fall of 1999, Plaintiffs contacted Defendant to have Defendant do some interior
design work for Plaintiffs, including purchasing certain items of furniture through Defendant.
4, On or about November 30,1999, Plaintiffs entered into an agreement with Defendant
whereby Defendant would provide certain items, including furniture, carpeting, and window
treat:J:nents to Plaintiffs, which was contained in a certain Estimate provided by Defendant to
Plaintiffs as of that date, Attached hereto and marked as Exhibit A is a true and correct copy of
the Estimate,
5. When Plaintiffs entered into the agreement with Defendant to purchase the items
contained on Exhibit A, Defendant indicated to Plaintiffs that it would take approximately six to
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LIDDICK COMPLAINT /SEPTEMBER. II, 2000/ DISK 2S
eight weeks to have all of the items contained on Exhibit A delivered, the carpet installed, and
the window treatments in place,
6. Based upon the promises and representations made by Defendant to Plaintiffs,
Plaintiffs provided Defendant with a deposit check in the amount of$II,OOO,OO, which said
deposit was paid on December 23,1999,
7, The initial six to eight weeks passed and nothing was delivered and the carpeting was
not installed,
8. The carpeting was fmally installed in April, 2000,
9, The carpeting installed was either defective or installed improperly and needed to be
replaced.
10. Defendant indicated to Plaintiffs that she would resolve the problems with the carpet
and have it replaced,
11. Plaintiffs then contacted Defendant on numerous occasions over several months
thereafter inquiring about the status of the replacement of the carpet and the ordered items.
12. Defendant failed or refused to provide any firm commitment as to when the carpet
would be replaced or for the delivery of the other items ordered.
13. On or about June 7, 2000, Plaintiffs notified Defendant that the contract between
Plaintiffs and Defendant had been terminated as a result of Defendant's failure to have all of the
items delivered and completed within six to eight weeks of the original Estimate as promised; as
a result of the failure of Defendant to replace the defective carpet; and as a result of the failure of
Defendant to complete any schedule in accordance with her promises, Attached hereto and
marked as Exhibit B is a true and correct copy of that letter.
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LIDDICK COMPLAINT J SEPTEMBER 11, 2000 { DISK 25
14, Subsequent to the mailing of the letter of June 7, 2000, Defendant contacted
Plaintiffs to arrange for an on-site inspection of the carpet by a manufacturer since Defendant
claimed that the manufacturer had to authorize a new carpet installation,
15. Plaintiffs agreed to have the manufacturer view the problems with the carpet but in
no way agreed to a continuation of the contract between the parties_
16, The inspection of the carpet occurred on July 13,2000.
17. Following the meeting with the carpet manufacturer, Defendant again promised to
make a proposal for the resolution of all of the outstanding problems,
18. Plaintiffs made it clear to Defendant that they considered the agreement to be
breached but would consider further proposals to resolve the outstanding issues,
19. Despite Defendant's renewed promises to resolve the breach of the agreement
between Plaintiffs and Defendant, Defendant has failed or refused to resolve any of the issues
concerning the replacement of the carpet or the delivery of the items ordered.
20, Defendant has breached the agreement with Plaintiffs by her failure to deliver and
instaIl the items within six to eight weeks of the original Estimate; by the installation of defective
carpeting; by her failure to replace the carpeting as promised; by her failure to deliver any of the
items listed on the Estimate, said items to be delivered after the replacement of the carpet.
21, Plaintiffs have been damaged as a result of the breach of the agreement by Defendant
in the amount of$ll,OOO.OO, which represents the deposit that Plaintiffs paid to Defendant for
the items ordered, including the installation of the carpet, as itemized on Exhibit A attached
hereto.
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LIDDICK coMPLAINT f SEPTEMBER II, 2000 I DISK 25
WHEREFORE, Plaintiffs demand judgment against Defendant in the amount of
$11,000.00, plus interest plus costs of suit.
r7spectfullY SUbmi:~:,
YMICHAEL L. B~GS
Attorney for Plaintiffs
302 South 18th Street
Camp Hill, PA 17011
(717) 730-7310
Supreme Court ID #41263
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L1DVICK COMPLAINT I AUGUST 29, 2000/DlSK 25
VERIFICATION
We hereby verify that the statements made in the foregoing document are true and
correct. We understand that false statements herein are made subject to the penalties of 18 Pa,
C,S, Section 4904, relating to unsworn falsification to authorities.
Date: 9- 0-00
~f2up
()' 1. LIDDICK
JtA fli!b:-,tV{h'k
S K. 11 ICK
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EXHIBIT A
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Dee 20 99 10:31..
P..mel.. A. Hopper
717-728-8830
p.l
InterIors by Pamela
PO Box 458
Camp Hill, PA 17001-0458
717-728-1130
Estimate
DATE ESTIMATE NO,
11/30/1999 30
NAME I ADDRESS
Vickie Uddlck
209 S. 15th Sl
I Camp HUI, PA 17011
PROJECT
99 LR and DR
OESCRIPTlON QTY RATE DEPOSIT PAID TOTAL
Nichols and Stone Saddlen<lgeArrn 2 415,00 83O.00T
Chairs
Nichols and Stone Side Chairs 4 332.43 1,329,72T
Nichols and Stone Buffett 1 1,081.20 1,081.20T
Nichols and Stone China Deck 1 1,022.50 1,022.5OT
Nichols and Slone Table 1 1,295,80 1,295,80T
Freight and delivery on the Nichols and 1 135.00 135.00
Stone
Carpet, pad, ripup and installation of 1 3,495.00, 3,495,QOT
Mosaic carpet 1\
. Sofa in chenille with 2 plaid cushions 1,695,00 .... 1,695,OOT
I Fireside chair and o~an in stripe 1; 1,400.00 ,,000 1,400,eeT {OOO, 00
I Entertainment Center 1 1,695_00.... 1,895,ooT
Chandelier for Dining Room 1 450.00 450.0OT
Lamps for the Living Room 2 450.00 900,OOT
Dining Room Window Treatments , 1,950.00 1,950;00T
Uving Room Wmdow Treatments 1 2,300.00 2,300.00T
including the transoms, the door, the
sidelights, and the stairwell windows
Side table for reeliner,s~ 1 445,00 445.ooT
Side table for Vickie 1 445.00 445,OOT
Cocktail table 1 729,00 729.00T I
Freight on additional Nichols and Stone 1 85,00 85,00 ;
pieces I
Have a wonderful Holiday Season L_TOT AL
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We gladly accept Visa, Mastercard and SIGNATlJRe
Novus. A 2% service charge is added lor
this convenience,
Page 1
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D..o 20 99 10:31e
Pem..l.. A. Hopper
717-726-6630
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Interiors by Pamela
PO Box 458
Camp Hill, PA 17001-0458
717.728.1130
Estimate
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DATE ESTIMATE NO,
11130/1999 30
NAME I ADDRESS
Vickie Uddick
209 S, 15th St.
Camp Hill, PA 17011
PROJECT
99 LR and DR
DeSCRIPTION QTY RATE DEPOSIT PAID TOTAL
PA Sales Tax 6.00% 1,263,79
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Have a wonderful HOliday Season I TOTAL ~2%51~~11
We ladly accept Visa, Mastercard and $ /1"
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Novus. A 2% service charge is added for
this convenience,
SIGNATURE
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page 2
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EXIllBIT B
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MICHARL"L. BANGS
ATTORNEY AT LAW
302 SOUTH 18TH STREET CAMP HILL, PA 17011
PHONE 717-730-7310
FAX 717-730-7374
E-mail: bangolaw@paonline.com
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June 7, 2000
Ms. Pamela A Hopper
Post Office Box 458
Camp Hill, PA 17001-0458
0U le
RE: Mr. and Mrs, John I Liddick
209 South 15th Street, Camp Hill
Dear Ms, Hopper:
Please be advised that I represent Mr. and Mrs, John L Liddick. You were to be
providing certain decorating services to them pursuant to an estimate provided to them dated
November 30,1999, They provided you with a deposit in the amount of$II,OOO,OO, and you
were to proceed with ordering and purchasing the materials contained in that estimate along with
having the various carpet installed.
Mrs, Liddick has been in contact with you repeatedly and as of this date, nothing has
arrived, Additionally, the carpet was installed incorrectly and will have to be replaced,
Despite the repeated promises made by you that the items ordered would be received and
that the carpet would be repaired, neither has occurred, Clearly, you have breached the terms of
the agreement with Mr, and Mrs, Liddick, As a result of your breach, that agreement is now
terminated,
This letter is to notify you that the agreement between you and Mr. and Mrs, Liddick is
terminated effective immediately, You are to immediately refund to Mr, and Mrs. Liddick the
$11,000,00 that they paid to you as a deposit.
IfMr, and Mrs, Liddick do not receive the return of their deposit immediately, they will
avail themselves to any and all remedies that they have against you as a result of this breach and
your improper retaining of the deposit.
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Ms, Pamela A, Hopper
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June 7, 2000
We look forward to receiving those funds immediately, Those funds should be sent to
me at the above address,
Very truly yours,
Michael 1. Bangs
wsc
cc: Mr. and Mrli~ John L Liddick
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SHERIFF'S RETURN - REGULAR
CASE NO: 2000-06239 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
LIDDICK JOHN I ET AL
VS
HOPPER PAMELA A ET AL
HAROLD J, WEARY
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the with~n COMPLAINT & NOTICE was served upon
HOPPER PAMELA A D/B/A INTERIORS BY PAMELA the
DEFENDANT
, at 1907:00 HOURS, on the 25th day of September, 2000
at 4166 NANTUCKET DRIVE
MECHANICSBURG, PA 17055 by handing to
STACIE ACKERMAN-HOPPER, ADULT DAUGHTER OF DEFT,
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
8,68
,00
10.00
,00
36,68
so~~~
R, Thomas Kline
09/27/2000
MICHAEL BANGS
Sworn and Subscribed to before
By:
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me this 6<t5?
day of
(f).d. > ;LfflJi) A,D,
~a. ''n-wP;., ~
P othonotary I