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HomeMy WebLinkAbout01-2430 FX -' . ,J_ ,......' '" I, ,~ ~~: -"~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICIA A. SHANKLE AND GERALD C. SHANKLE, JR. : CASE NO. 2001-2430 Plaintiffs : JURY TRIAL DEMANDED vs. : CIVIL ACTION - LAW NORTHEASTERN HOME IMPROVEMENTS OF HARRISBURG, INC. Defendant DEFENDANT'S PRE-TRIAL MEMORANDUM AND NOW comes Defendant, Northeastern Home Improvements of Harrisburg, Inc., by and through their attorneys, Rupp and Meikle and Richard C. Rupp, Esquire, and files this Pre-Trial Memorandum: STATEMENT OF BASIC FACTS AS TO LIABILITY This action arises out of the construction of additions to Plaintiffs' residence at 1915 Lenox Street, Camp Hill, Cumberland County, Pennsylvania. On or about May 24, 1999, the parties entered into a written contract for the construction of a second-story addition and an addition to the rear of Plaintiffs' residence. Said contract had a contract price of $69,437. The Plaintiffs claim that the primary purpose for the addition was to accommodate Plaintiffs' elderly parents who were moving into the Plaintiffs' residence. Whether this was a primary purpose will be left to the proof at trial. Further, the Defendant believes that the addition does accommodate wheelchair access to the rear addition. "",,, ,~,~~"J ','f<l; ,I" ','", "j >~l.lwJ'; ~ . There was no completion date specified in the contract but in order to avoid litigation and to insure that the Defendant would be paid, the parties entered into a Workout Agreement on August 18, 2000. The Workout Agreement was complied with and the Camp Hill Building Inspector inspected the property and approved an Occupancy Permit for the construction work as performed by the Defendant. The Plaintiff has filed a counterclaim for not only the dollars remaining in the final escrow but for additional sums. The Defendant denies that the sums in the escrow are due to the Plaintiffs but are actually due to the Defendant for completion of the work as performed. Further, it is denied that any further sums are due to Plaintiffs as not only did the Defendant perform the work in a proper and workmanlike manner but also the Camp Hill Building Inspector made the Defendant finish everything in detail to be able to obtain the Occupancy Permit. As such, the Defendant claims that there are no further dollars owed and due to the Plaintiffs and further that the escrow sum is due to the Defendant as the final payment of dollars owed for work performed by Defendant. STATEMENT OF BASIC FACTS AS TO DAMAGES Defendant denies any defective work and to the contrary, avers that the Defendant's work was proper and done in a good and workmanlike manner and was approved by the Camp Hill Building Inspector. Defendant disputes any payment of counsel fees and that the claim of counsel fees in their Pre-Trial Memorandum for 2 "_? ~,",~,,~: ~' n, "'" ~' , -, ", ~ - , . "'<, "~ '. ' t / $5,000 seems to be gross and excessive in any event. STATEMENT OF PRINCIPAL ISSUES OF LIABILITY AND DAMAGES a. Whether the Defendant performed the work in a proper and workmanlike manner? Suggested Answer: Yes b. Whether the original contract was replaced by the Workout Agreement? Suggested Answer: Yes c. Whether the Workout Agreement has been complied with by Defendant? Suggested Answer: Yes d. Whether escrow sum is the limit of any liability of damages from Defendant to Plaintiff? Suggested Answer: Yes e. Whether the escrow sum remaining in the escrow fund is now owed to Defendant? Suggested Answer: Yes 3 lIiTi~' > ,~, ,,_ J' ~ ii' "~ "< '< , ~ j'.' t--' 'j'-,,', . lEGAL ISSUES The Defendant anticipates that the substantial legal issues involve whether or not the original contract was supplanted and replaced by the Workout Agreement and whether the Workout Agreement limits any potential damages to Plaintiff. Further, there may be evidentiary matters which will be ruled upon by the Court at trial. WITNESSES Mark Kerlin Jamie Walsh Northeastern Home Improvements employees who worked at the Shankle residence Expert for Defendant: Engineer/Builder :name to be provided Patricia A. Shankle on cross examination Gerald C. Shankle, Jr. as on cross examination Camp Hill Borough Building Codes Inspector CONTRACTS BETWEEN THE PARTIES Original contracts Workout Agreement dated August 18, 2002 Expert Report Occupancy Permit Documents related to dispute including correspondence Documents related to construction 4 ~' _l, " . '~, ~'.~. ~ ^' ", -1lll1 tJil:rio CURRENT STATUS OF SETTLEMENT NEGOTIATIONS No offers have settlement have been made by Plaintiffs. Defendant remains willing to settle this case and release all claims in exchange for the escrow fund. RESPECTFULLY SUBMITTED, RUPP AND MEIKLE Ct{ARD C. RU P, ESQUI Atty I. D. No. 34832 355 N. 21't St., Suite 205 Camp Hill, PA 17011 717-761-3459 Attorneys for Defendant 5 >, , - ~ ~ , " i ,I' _\ ',_ ~ ~. >~. ." c " -'"' tb .,. CERTIFICATE OF SERVICE I, Richard C. Rupp, Esquire, hereby certify that on the date below, I served a true and correct copy of the foregoing document on the following person, by telefaxing and by depositing same in the United States mail, postage prepaid, addressed to: Joseph L. Hitchings, Esquire 203 West Caracas Avenue Suite 201 Hershey, PA 17033 Date: ~/(/D/OL '''0<' ~ ,., ""},,, ~ , .'. ,',i.- """-_Wx?.0, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Patricia A. Shankle and Gerald C. Shankle, Jr. Plaintiffs Case No.: No. 2001-2430 Jury Trial Demanded vs. Civil Action - Law Northeastern Home Improvements of Harrisburg, Inc. Defendant PLAINTIFF'S PRE-TRIAL MEMORANDUM AND NOW, this /.6 .p.-.. day of Av~v& T , 2002, come the Plaintiffs, patricia A. Shankle and Gerald C. Shankle, Jr. by and through their undersigned Attorney, Joseph L. Hitchings, Esquire,and files this Pre-Trial Memorandum pursuant to Local Rule 212-4. STATEMENT OF BASIC FACTS AS TO LIABILITY This action arises out of the construction of two additions to Plaintiffs' residence located at 1915 Lenox Street, Camp Hill, Cumberland County, Pennsylvania. On or about May 24, 1999, the Parties entered into a written contract for the construction of a second story addition and an addition to the back of the Plaintiffs' residence, with a contract price of $69,437.00. At the time of making the contract the Plaintiffs advised the Defendant that the primary purpose for the addition was to accommodate Plaintiff, patricia A. Shankle's, elderly parents who are moving into the Plaintiffs' residence and in particular to accommodate Mrs. Shankle's father who uses a wheelchair. ,~ w' ~_I ~ " ";"'t~='w.,,;('f On May 6, 1999, Defendant's agents Mark Kerlin and Jamie Walsh advised the Plaintiffs that the additions would be complet~d by Labor Day 1999. Although the contract stated that work was to commence "ASAP", work did not commence until November 15, 1999 and by April, 2000, Plaintiffs advised Defendants that they considered them to be in breach of contract. In order to avoid litigation, the parties entered into a WorkOut Agreement on August 18, 2000, which is attached as Exhibit B to the Plaintiff's Complaint. The WorkOut Agreement, in Paragraph 6, provided that completion was to be on or before the forty-fifth (45th) calendar day following the date of the agreement, and in the event that the project runs beyond the forty-five (45)days, the Plaintiffs will be entitled to $1,000.00 per day as delay damages until the project is complete. The WorkOut Agreement also provided for attorney's fees in the event of a breach. The Complaint alleges that the Defendant performed the work in poor, improper, and/or unworkmanlike manner. In particular, the WorkOut Agreement in Paragraph 9 provided that the new addition was to be level and match with the existing home so that a person could enter and exit in a wheelchair without assistance. However, the floors are not level and there is a drop of almost two inches from the pre- existing floor into the addition. ~ ,=~ '. ~ "'" ~'J=";""""-"-'''i'> The Defendant has filed a Counter Claim seeking payment of the final escrow sum of $10,000.00, along with claims for other expenses which the Plaintiffs have denied. It remains the Plaintiffs position that no additional sums are due to the Defendants. STATEMENT OF BASIC FACTS AS TO DAMAGES. As a result of the Defendant's improper and defective work, Plaintiffs have received estimates to repair the improper and defective work in excess of $15,000.00. The Plaintiffs will also be seeking the payment of their counsel fees pursuant to the WorkOut Agreement, which at present is in excess of $5,000.00, and which amount is expected to increase through the time of trial. STATEMENT OF PRINCIPAL ISSUES OF LIABILITY AND DAMAGES a. Whether the Defendant performed the work in an improper and unworkmanlike manner? Suggested Answer: Yes b. Whether the Defendant breached the original contract and the WorkOut Agreement and therefore is liable to Plaintiffs for the costs of repair? Suggested Answer: Yes "_~ Jl . :.;..~ 1,-" ~ . " I "J - c. Whether the Plaintiffs are liable to Defendant for the additional sums claimed by the Defendants. Suggested Answer: No LEGAL ISSUES The Plaintiffs do not anticipate any substantial legal issues involving evidentiary matters that we will need ruled upon by the Court. WITNESSES patricia A. Shankle Gerald C. Shankle, Jr. Jeffrey R. Throne P.E., Structural Engineer of Throne Engineering Consulting Mark Kerlin, as on cross examination Jamie Walsh, as on cross examination Any witnesses identified by Defendant in its Pre-Trial Memorandum. LIST OF EXHIBITS A. Construction contract between parties dated 5/24/99 B. WorkOut Agreement dated August 18, 2000 C. List of items needed to be completed D. Photographs and/or video tape of the interior of the home E. Written report of Jeffrey R. Throne, P.E. dated December 3, 2001. . ~ .~'~~-f. r~ =,,., ~ '" ~'~Ji&j:i:[y F. Any exhibits identified by the Defendant in its Pre-trial Memorandum. CURRENT STATUS OF SETTLEMENT NEGOTIATIONS No offers of settlement have been made by the Defendant. Plaintiffs remain willing to settle this case and release all claims in exchange for the Defendant paying the costs necessary to repair the defective work, and with the understanding that the Defendants will release their claims to any additional sums allegedly owed. Respectfully Submitted, THE LAW OFFICE OF JOSEPH L. HITCHINGS ings, Attorney for Plaintiff Supreme Court ID# 65551 203 West Caracas Avenue Suite 201 Hershey, Pennsylvania 17033 , ~.'I' ~,;!:, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Patricia A. Shankle and Gerald C. Shankle, Jr. Case No.: No. 2001-2430 Plaintiffs Jury Trial Demanded Civil Action - Law vs. Northeastern Home Improvements of Harrisburg, Inc. Defendant CERTIFICATE OF SERVICE I, Joseph L. Hitchings of The Law Office of Joseph L. Hitchings, Attorney for the Plaintiff, patricia A. Shankle and Gerald C. Shankle, Jr., do hereby certify that I served a true and correct copy of the attached Pre-Trial Memorandum by United States Mail, First Class, postage prepaid upon the counsel listed below: Attorney Richard C. Rupp Rupp and Meikle 355 N. 21st Street Camp Hill, PA 17011 Respectfully Submitted, THE LAW OFFICE JOSEPH L. HI chin ,Esquire " Attorney for Plaint]:> fs Supreme Court ID# 655 203 West Caracas Avenue Suite 201 Hershey, Pennsylvania 17033 .,-, ~, . , ,,k Ii SAIDIS SHUFF, FLOWER & LINDSAY ATIORNBYS'AT'LAW 26 W. High Slreet Carlisle. PA. < PATRICIA A. SHANKLE and GERALD C. SHANKLE, JR., Plaintiffs vs. NORTHEASTERN HOME IMPROVEMENTS OF HARRISBURG, INC., Defendant , ", j>~"'" ,i'r; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001 - ,;zLlJ6 CIVIL TERM IN ASSUMPSIT 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 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 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 ASSOCIA nON 2 LIBERTY AVENUE CARLISLE, PA 17013 '(717) 249-3166 Ii ~-'- . , I J > SAlOIS SHUFF, FLOWER & LINDSAY ATIORNE\'S-AT-LAW 26 W. High Street Carlisle. PA PATRICIA A. SHANKLE and GERALD C. SHANKLE, JR., Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001 - .1 '136 vs. CIVIL TERM NORTHEASTERN HOME IMPROVEMENTS OF HARRISBURG, INC., IN ASSUMPSIT JURY TRIAL DEMANDED Defendant COMPLAINT NOW COMES Patricia A. Shankle and Gerald C. Shankle, Jr., by and through their attorneys, SAIDIS, SHUFF, FLOWER & LINDSAY, and states as follows: 1. Plaintiffs are adult individuals who reside at 1915 Lenox Street, Camp Hill, Cumberland County, Pennsylvania. 2. Defendant is a Pennsylvania Corporation, with a principal place of business at 125 Enola Drive, Suite 106, Enola, Pennsylvania. 3. On or about May 24, 1999, the parties hereto entered into a certain written contract for the construction of two additions to Plaintiffs' residence, comprised of a second story addition and an addition to the back of Plaintiffs' residence. A copy of the Agreement is attached hereto as Exhibit "A". 4. The contract price was $69,437.00. 5. At the time of the making of the contract, Plaintiffs advised Defendant's agent and Defendant knew that the primary purpose of the additions was to accommodate Plaintiff Patricia A. Shankle's elderly parents who were moving into Ii SAlOIS SHUFF, FLOWER & LINDSAY ATI'OlrNEYS-AT.LAW 26 W. High Street Catlisle, PA - Plaintiffs' residence, and in particular, to accommodate Patricia A. Shankle's father who uses a wheelchair. 6. On May 6, 1999, Defendant's agents, Mark Kerlin and Jamie Walsh, advised Plaintiffs that the additions contracted for would be completed by Labor Day, 1999. 7. Although the work on the contract was to commence "ASAP" by the contract terms, work did not commence until November 15, 1999. Further delays continued and by April 2000, after numerous warnings, Plaintiffs advised Defendant that they considered Defendant to have breached the contract. 8. Prior to April 2000, Plaintiffs had paid to Defendant, pursuant to the terms of the original contract, thirty-five (35%) percent of the contract price, $24,290.00. 9. In order to avoid litigation, the parties entered into a Workout Agreement on August 18, 2000, a copy of which is attached hereto as Exhibit "B". 1 O. Paragraph 2 of the Workout Agreement called for Defendant to recommence work on August 21, 2000, and Paragraph 6 of the Workout Agreement called for completion "on or before the 45th calendar day following the date of this Agreement. If Northeastem fails to complete the project within the forty-five (45) day period provided for herein, Shankles shall be entitled to $1,000.00 per day as delay damages, beginning with the forty-sixth (46th) day, until the project is complete." II - SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYS-AT.I.AW 26 W. High Street Carlisle, PA " ~ - '-~""- ~,<', ~-' 11. Paragraph 14 of the Workout Agreement called for the parties to pay their own attorneys' fees and costs with this exception: "However, if it is determined by a panel of arbitrators, a jury or a judge that a party has breached this Workout Agreement, the breaching party shall be ordered to pay the other parties reasonable attorney's fees incurred to enforce the Workout Agreement." 12. Incorporated into the Workout Agreement was an Escrow Agreement, according to which the parties agreed to escrow the balance owed to Plaintiff according to the terms of the contract, and to pay $35,147.00 upon issuance of an occupancy permit by Camp Hill Borough, leaving $10,000.00 in escrow upon completion of the project. The occupancy permit was issued on October 3, 2000 and $35,147.00 was paid out of escrow to Plaintiff accordingly. 13. Defendant has not fulfilled the provisions of the Workout Agreement in many particulars set out on Exhibit "B", attached hereto, and incorporated herein. In particular, Defendant has failed or refused to comply with Paragraph 9 0), which calls for the new addition to be level and match with the existing home so that a person can enter and exit the addition from the original house in a wheelchair without assistance. 14. Defendant has performed the contract in a poor, improper or un- workmanlike manner as set forth on Exhibit "C". 15. Despite reasonable extensions of time by the Plaintiffs, Defendant has failed or refused to cure the aforesaid breaches of the Workout Agreement. iI SAlOIS SHUFF, FLOWER & LINDSAY A'ITORNBYS.AT-LAW 26 W. High Street Carlisle. PA ,I ij .~_ 16. The reasonable costs actually incurred or to be incurred by the Plaintiffs in remedying the breaches described are in excess of $25,000.00, the statutory limit for mandatory arbitration, and include attorneys' fees reasonably incurred to enforce the terms of the Workout Agreement, penalties for delay the costs to complete the project and the costs to remedy poor, improper, or un-workmanlike construction. WHEREFORE, Plaintiffs pray this Honorable Court to enter judgment against Defendant and for Plaintiffs in an amount in excess of $25,000.00 with costs and interest. SAlOIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff By: Ca 01 J. Linqs'ay Esquire 10 44693 ( West Hig reet Carlisle, PA 17013 (717) 243-6222 II SAIDIS SHUFF, FLOWER & LINDSAY ATI'ORNEYS'AT'LAW 26 W. High Street Carlisle. PA ~, ","~ " -'-1'-.' -,:,' , if, _~ _,,<,o,,~,-~;; ;".!,;',~L,-,,~; :.,:" -;j. VERIFICATION I, the undersigned, hereby verify that the statements made herein are true and correct. 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. Date: II J.l-II/P\ 0 I - ti BBB -,;- MEMBER - EASTERN PENNSYLVANIA BUREAU , EA . 1." ., /', "~' y} {} -\.1':; Il~) \) " ~ ~ r,', ,,>' . ):;,) /. \oJ "-,.,. ,X ~. - fi () ]VfJ~ '1> rr\1P R () '/Er\1EI~TS flJ ALCOA 125 North Enola Street. Suite 106 Enola, PA 17025 (717) 732-3600 TO (;'->,"0/'/ 9- ~fYl(-i<> 5),a..Ilc: ,7r: /"11-" L.,. H~x' _ :57'; '-;'4" /1,'1/ ..4.. 170// , Job No. Date ")-,;;, i- '1'( - Phonel 7/7- 7 '{I-O(.,%<)' The undersigned, hereinafter call the Contractor, propose to furnish all materials and labor to install. construct and place the Improvements described herein. according to lhe following specifications. onlin building located at above address. 1. OBTAIN ALL APPROPRIATE PERMITS AND INSURANCES. ::i~ mt!r- ~K"I<.I/j v"'.....,.,.f' ..,4..o~ .:J 'Sf-.....) ",dr".,/,(7,;.,"1 -e!y/\,t--,'bJ -P" /r"Ov ?tOI.Ar-. ("SC'('" c.lrG,jIJ.J\~j ....,1 3. A,"d,j,~ /( d ACbV r- r"1'rv~ K{WOP) ....' :/: y 7 tY'/'tt. ',:<- >:i ,/- "f' / ~J '''' . ::J'V, /t..-.::/.p .;J '). () ~l/ Vj/" d c;J7:n :; {~::/ Z~~~~; ~fi: ~~t)'/d:- .i'1 ',,<- t,.. t-. t? 1'1 /' /51 -I7QOJ/ ~hu/ h-dY"<XH" t , ; I , f' ~ ,-: ~, !/.:J / f VJ ::"u ,. c; S". ,;.. /' :-r~'...... /01/ a",,~ -,{..o-YIl;!V. " ,b Q. r;, ~-/?d I " -f. (' MH4 ':J ~j,,':J ,<-01 ra37'" /-.//'4;. ya/II35) t? //1 -: t. / Y--a.v17 Lr)~/ h ,,,,,,,/~tz.. tAA&:fV'1 to 1'" ,"';,/1" " /'/I,...L,,"7's. I ? , q. ;1/1 -/",...., #"';IA~ /.;,./,KJr-f"j 1"~/i/"u""l /"j,.;.,.~*,' 1'<' /".." //(J'r/;" d. p);'"r-A..,<:c;(, ;:J/v",!J/:Y, 7- ),,-JI',c,fdhl:)[ i , -. - --- Price q(J 7~ ,/. .J1$' Less Discount ;:) / " ~ / . TOTAL I" '?'f 5'7. - DIP Received ?{-'~ I.~tr..., -/"'6""'/ "lief.", I'GC+: 6ALANCE OWED ;:. .,-% '"':'1;.'pI C",,-",/J/,--f/,-w Bat to be financed ;::;;/1 C';p ~p , Id. j? lie- pelll,,,,,-,,,,,", T' xn..''-S ,;>...01 "t'f'Fi;.c.-::> '''C/'''''''5 j4c" a: ,''''''b.., ';?!!t' _J:ic I:" C I~'(..-c/ /h I'//CI'". The Contractor shall be permitted to proceed wilh this work on or aboul A" 5". J4 l, P - . and upon acceptance by you and the Contractor. win, subject to unloreseen contingencies, commence work on or about said dale. Payment of the above work to be made as follows: /0 G<./iJ/1 (r"u7f;.-a/ ,,'-.... -rl...;;''''Jh"Uj-- J.,.u.wE. 1/:.1:/ ?,;/p;; ~~;-I ,-AvICr"or.",.dk.. a",;:I~~h f. <; f;.. ,..;"'1... "" ';5 ..,..."... " , ' DO NOT DO: ' '" _ I I I Cash llpOO Complellon: -;0<% U /.if d~i/ r./n(l---/' t::.. ~~. c..o1r..1A r t'J'rl-(l (r--r)Ov1 ,. This agreement shaD become binding only upon wriUen acceplance by the Contractor or upon the Contractor commencing pedonnance and upon such acceptance or commencement of perfonnance this shall conslilute the enUre ~ntract and be binding upon the par1ies hereto, there being no covenants. promises, warranties or agreements, written or oral, expressed or Implied. Except as herein set for1h. No Sales Representative of the Contractor has authority to aller the terms ollhls. agreement in any particular. It is further agreed that , (A) ANY alteration or deviallon from above specifIcallons Involving extra cosls, will be executed only upon written orders. and will become an extra charge over and above Ihe original agreement. (B) The COntractor shall not be responsible for damage. delay or detaull where occasioned by any cases or any kind or extend beyond its control. including, but not limited to. anned conllict or economic dlsiocalion resulting therefrom, embargoes; shortages of labor. raw malerials. production facilities or transportation; labor difficulties; civil disorders of any kind: aclion of civil or military aulhoritles (including priorities and allocations); lires. floods and accidents. The Contractor carries Workman's Compensation and Public Liability insurance. bul does not assume risks of any character under this contract.other Ulan covered by such rnsurancs. ' (C) The proposal Is limited to r/Ja;~ . days acceptance lrom date hereof. ' (0) The Purchaser is dealing with the C tractor as principal and that the Contractor IS not acting hereunder as the agent or representallv8 of any parson, linn or corporation. (E) Deposits are non.refundable, if cash deal andlor financIng is oblaineci. .192.Q... Signature Slgnalure 15\ \ EAS1~:/., ~t) nOME VI) )l\1I'HOvgMENT~ ~f.~~ Deposit I Amount // Q CASH U CHECK # - eXHIBIT ~-~?/,;/-~ Repre Ii stiva - j I} " 7 " ""- "~ it:'; Workout Aareement This Agreement made this ~ day of August, 2000, by and between NORTHEASTERN HOME IMPROVEMENTS OF HARRISBURG, INC., a Pennsylvania corporation, with its principal office located at 125 North Enola Drive, Suite 106, Enola, Pennsylvania (hereinafter referred to as "Northeastern") and GERALD C. SHANKLE, JR., and PATRICIA A. SHANKLE, his wife, adult individuals residing at 1915 Lenox Street, Camp Hill, Pennsylvania (hereinafter referred to as "Shankles"). WHEREAS, on or about May 24, 1999 Northeastern and Shankles agreed upon and contracted together to have Northeastern perform various improvements and structural additions to the Shankles' dwelling located at 1915 Lenox Street, Camp Hill, Cumberland County, Pennsylvania; WHEREAS, the materials were to be supplied and the labor performed by Northeastern in exchange for a payment by Shankles of $69,437.00; WHEREAS, Northeastern began work on said project much later than any of the parties anticipated; WHEREAS, numerous other differences have arisen between Northeastern and Shankles, such that in the spring of 2000, Shankles alleged that the contract was breached and prohibited Northeastern from doing any further work on the project; and WHEREAS, Northeastern and Shankles desire that their differences be resolved and that Northeastern promptly complete the project. NOW THEREFORE, intending to be legally bound hereby and in consi~eration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1) Shankles shall permit Northeastern, its employees and subcontractors, to return to the job site and recommence work and Northeastern shall recommence work on Monday, August 21, 2000. 2) Northeastern acknowledges the prior receipt of $24,290.00 from Shankles which has been applied to the contract price for the said project. EXHIBIT ~ /J ~ .J:J ""~ '--'-h:lli~-;;;.,-:;;:";;;::~j:~, "~~.j- - - , J_'P Jll ''-'-'''''''''-- ~;i't"'- . . 3) Shankles have, contemporaneously with the execution of this agreement, placed the sum of $45,147.00 in escrow with Carol J. Lindsay, Esquire and Gregory R. Reed, Esquire, to be paid to Northeastern upon the completion of this project, in accordance with the Escrow Agreement, a copy of which is attached hereto, marked Exhibit "1' and incorporated herein by reference as though fully set forth herein. 4) Northeastern has, contemporaneously with the execution of this agreement, and as consideration for this agreement, marked the mechanic's lien claim filed on or about May 11, 2000 to a number 2948 of 2000 in the Prothonotary's office of the Cumberland County Courthouse, "settled, satisfied and discontinued." 5) Northeastern shall, contemporaneously herewith and as consideration for, this agreement, file in the Prothonotary's office of the Cumberland County Courthouse, a Stipulation against Mechanic's Lien signed by itself as the general contractor for all work to be done subsequent to the date of this agreement. Furthermore, Northeastern shall file with the Prothonotary of Cumberland County a Release of Liens signed by it and all other independent contractors, subcontractors and material men, (except Rick Long and Tim Wentzel) of all mechanics liens past, present and future. The Release of Liens shall be filed within five (5) days of the date of this Agreement. Northeastern shall indemnify and hold the Shankles harmless against all claims by any independent contractor, subcontractor, or material men and from any attorney's costs incurred to defend such claims. By August 23, 2000, Northeastern shall provide to Shankles proof that it paid Rick Long and Tim Wentzel for their work on the Shankles' property. 6) Northeastern will complete the project on or before the forty-fifth (45th) calendar day following the date of this Agreement. If Northeastern fails to complete the project within the forty-five (45) day period provided for herein, Shankles shall be entitled to $1,000.00 per day as delay damages, beginning with the forty-sixth (46th) day, until the project is complete. - 2 - '-O"'~~".~.~ ,~ "J ._.....J. J, , "'~~',~,.,,,,;,*~,&", L.,.! "'" 7) . Northeastern will work diligently to complete the project on a Monday through Friday basis, although the very nature of the project may involve lulls in the work to allow spackling compound to "set up" or for other similar reasons. 8) Northeastern shall complete the project in accordance with the specifications set forth in the original contract, a copy of which is attached hereto, marked Exhibit "2" and incorporated herein by reference. 9) In addition, Northeastern's work shall include the following: a) Reinstallation of a waterline in the rear of the house which was removed during construction; b) The caulking and flashing around the chimney will b~ completed and/or repaired as well as the entire offset around the second floor addition shall be made watertight; c) The soffit to be installed on the front porch ceiling shall be almond in color; d) A front porch with a marquis roof with shingles to match. The porch itself will include ballasters, tongue and groove flooring, a finished porch ceiling and all overhangs of the front porch roof in vinyl with almond color. Furthermore, Northeastern will remove portions of the pad installed so that the porch floor does not extend beyond its roof. e) All downspouts installed by Northeastern shall comply with and conform to the water run-off plan submitted to the Camp Hill Borough; f) Installation of steps, which shall be at least as wide as the back doorway, in the rear of the house so that occupants can enter and exit in the rear of the house; g) The front door to the home shall be made wheel chair accessible; h) Grade and seed those portions of the front and rear yard which were disturbed or disrupted as a result of the project; i) No hot and/or cold water lines in the addition will touch each other; - 3 - ,. ._-~~""..."" , - 1. ..-- . ~. ' " -'J<\'B;;..<li!~ti_1t , j) The new addition shall be level and match with the existing home so that a person can enter and exit the addition from the original house in a wheelchair without assistance. k) The design of the kitchen layout is attached as Exhibit "3". Northeastern shall install two recessed lighting fixtures, one over the sink and one over the bar. The existing lighting fixture in the present kitchen shall remain. Northeastern shall install a fixture of mid-range quality to be selected by Shankles over the eating area. Electrical outlets shall be pursuant to Building Code. Northeastern shall provide wiring, the floor coverings for the kitchen as set out on Exhibit "7" attached hereto. Cabinets will be in accordance with the plan attached as Exhibit "3". Northeastern shall provide necessary plumbing so that sink and appliances are in good working order. 1) A design of the support posts for the installation of the laminated beams between the existing kitchen and the new addition is attached hereto, marked Exhibit "4" and incorporated herein by reference as though fully set forth herein. m) Before new flooring is laid, recheck the floors in the addition and re-nail, where necessary, to help prevent squeaking and loose joints. n) Check ceiling and wall plates where ducts were cut in order to guarantee straightness. 0) The drawings and plans for the master bath are attached hereto, marked Exhibit "5" and incorporated herein by reference as though fully set forth herein. p} All construction, including but not limited to, electrical wiring, which shall be upgraded to 200 AMP service, and plumbing, shall be in compliance with local building codes and meet the approval of the local municipal building inspector. q) All windows installed in the addition shall be in compliance with the applicable local building codes. r) All damaged window screens shall be replaced. s) The front door screen and frame shall be replaced. t) Any holes in the living room and two bedroom ceilings shall be repaired and repaired with similar paint but Northeastern shall not be required to repaint the entire ceiling. - 4 - ~, . ~, '. -."1 ''''t';'e u) The door handle and screens shall be installed on the new French patio doors and keys supplied. v) Runoff from cement work shall be removed from the siding and brickwork of the house. w) Basement stairway recessed light to be replaced. x) Siding loosened as a result of work done by Northeastern shall be reattached. y) Fascia damaged by Northeastern's workmen shall be replaced. " 10) Northeastern shall perform work in accordance with a schedule mutually agreed upon by the parties after the inspection referred to in paragraph 1 hereof. 11) All allowances for fixtures, bathrooms, bedrooms and second floor hallway are set forth in Exhibit "6", attached hereto and incorporated herein by reference as though fully set forth herein. 12) Although Shankles may, at their cost, hire a contractor to inspect Northeastern's work, said contractor shall not harass or interfere with Northeastern's employees and subcontractors or otherwise interfere with their work nor shall Northeastern's workmen harass or interfere with the contractor that Shankles hire. 13) Neither Northeastern nor Shankles shall threaten or attempt to influence any building inspector but shall accept his or her determinations and findings and honor them. 14) Northeastern shall be solely responsible for its legal fees and costs and Shankles shall be solely responsible for their legal fees and costs, as well as the costs of any contractor other than Northeastern. However, if it is determined by a panel of arbitrators, a jury or a judge that a party has breached this Workout Agreement, the breaching party shall be ordered to pay the other parties reasonable attorney's fees incurred to enforce the Workout Agreement. 15) This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of - 5 - ...... ~, .,~ '. .~~ :...' , _..."m.," .'_"'.-;..... .", '<',' Ii""" E.' Pennsylvania, including its statutes of limitation but without regard to its rules concerning conflicts of law. " 16) Any invalidity, in whole or in part, of any provision of this Agreement shall not affect the validity or enforceability of any other of its provisions. 17) This Agreement shall be binding on and shall inure to the benefit of the parties hereto, their successors, heirs and assigns. 18) The headings contained in this Agreement are for convenience of reference only and shall not control the interpretation of any term or condition hereof. 19) The recitals appearing before Paragraph 1 of this Agreement constitute a material part of this Agreement and are expressly incorporated herein by reference. 20) The enforcement provision of the promissory note of June 14, 1999 are null and void to the extent that they call for the payment of attorney's fees. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above written. Attest: ~;;] &7~ Mark Kerlin, President of Northeastern Home Improvements of Harrisburg, }J eJJ/Ji: Gerald C. Shankle, Jr. as cfv ~ Witness tricia A. Shankle - IS - ""'-'- ',I"", ; ,I, ~'" .h1tl>&d'~~;';Ji<iv,,' ESCROW AGREEMENT ,<Ii, ~THIS ESCROW AGREEMENT (the "Escrow Agreement") is made this /8 day of August, 2000, by, between and among NORTHEASTERN HOME IMPROVEMENTS OF HARRISBURG, INC., a Pennsylvania corporation, with its principal office located at 125 North Enola Drive, Suite 106, Enola, Pennsylvania (hereinafter referred to as "Northeastern") and GERALD C. SHANKLE, JR., and PATRICIA A. SHANKLE, his wife, adult individuals residing at 1915 Lenox Street, Camp Hill, Pennsylvania (hereinafter referred to as "Shankles") and CAROL J. LINDSAY, ESQUIRE and GREGORY R. REED, ESQUIRE, (hereinafter referred to as "Escrow Agents") . WHEREAS, Northeastern and Shankles entered into a Workout Agreement dated August 18, 2000, pursuant to which Northeastern has agreed to complete an addition and remodeling project at the residence of Shankles; and WHEREAS, Shankles have agreed to place the sum of Forty- five Thousand One Hundred Forty-seven and 00/100 ($45,147.00) Dollars (hereinafter referred to as "Escrow Funds") in escrow pending the completion of the project. WITNESSETH: NOW THEREOFRE, intending to be legally bound hereby and in consideration of mutual promises hereafter set forth, the parties hereto agree as follows: 1. Escrow Agents shall hold the Escrow Funds in an interest bearing account, and when they disburse the final monies to Northeastern, pay all interest to the Shankles or, if monies are paid into court pursuant to paragraph 3 hereof, pay the interest into court. 2. Escrow Agents shall, upon receipt from any party of an occupancy permit issued by an officer of the Camp Hill Borough for the addition and improvements at 1915 Lenox Street, Camp Hill, Pennsylvania, disburse to Northeastern $35,147.00 within three (3) business days of receipt of such permit. It is specifically understood and acknowledged that the copy of the "",:<o~,>~:;',,-_: -,----------- : .,,-"- --",,-~-,-;------:;- .-"',,,. . L ..0..... 0 0 o~." .'0" . .' " , ~~'.:.-. ~'-r-. ~~' r_"',""':",",M4i"'~.,, permit from the Camp Hill Borough shall, in and of itself, be sufficient to cause the Escrow Agents to disburse funds to Northeastern, even over the objection of Shankles. The balance of the escrow monies shall be paid to Northeastern upon Shankle's written authorization or when a contractor approved by Shankles and Northeastern certifies that the work has been done in a workmanlike manner and in accordance with the workout agreement of even date herewith. All fees incurred for the said contractor shall be shared equally by the parties. Contractor shall be chosen by Shankles from a list of three submitted by Northeastern. 3. In the event Escrow Agents do not receive, within sixty (60) days from the date hereof, a copy of an occupancy permit signed by an officer of the Camp Hill Borough and in the event Northeastern and Shankles cannot agree upon the disposition of the Escrow Funds, Escrow Agents shall be entitled to pay the Escrow Funds into a court of competent jurisdiction whereupon Escrow Agents shall have discharged all of their obligations pursuant to this Escrow Agreement, 4. Any fees charged by Gregory R. Reed, Esquire for his services as an Escrow Agent shall be paid by Northeastern and any fees charged by Carol J. Lindsay, Esquire, for her services as an Escrow Agent shall be paid by Shankles, except that Northeastern shall pay the first $300.00 of Carol J. Lindsay's fees actually incurred for services as an Escrow Agent. 5. The Escrow Agents acting or refraining from acting reasonably and in good faith (A) shall not be liable for any mistake of fact or error of judgment be it or for any acts or omissions by them of any kind unless caused by willful misconduct or gross negligence, and shall be entitled to rely and shall be protected in doing so, upon (i) any written notice, instrument or signature believed by it to be genuine and to have been signed or presented by the proper party or parties duly authorized to do so and (ii) the advice of counsel (which counsel may be of the Escrow Agents' own choosing), and (B) shall have the responsibility for the identity, authority or rights of any person ~..,.........~..",."........-...".,..,-~-~-- e~ ,I' :~ """"""""",,"~ herein or entity executing or delivering or purporting to execute or deliver this Escrow Agreement or for the contents of any writing submitted to it hereunder and shall be entitled reasonable and in good faith to rely without any liability upon the contents thereof and may assume that any person purporting to give any such writing in connection with the provisions of this Escrow Agreement has been duly authorized to do so. The Escrow Agents make no representations as to the validity, value, genuineness or the collectability of any security or other document or instrument held by or delivered to them. . 6. Northeastern and Shankles agree to indemnify the Escrow Agents and hold them harmless from and against any and all losses, liabilities and expenses incurred by the Escrow Agents arising out of or in connection with the performance of their duties hereunder or any dispute between the parties hereto, except those resulting from willful misconduct or gross negligence. 7. The parties agree that all notices hereunder shall be in writing, shall be given by personal service, or by registered or certified mail, addressed to Northeastern, Shankles, or Escrow Agents at the addresses appearing below: Northeastern Home Improvements of Harrisburg, Inc. 145 North Enola Street Suite 106 Enola, PA 17025 Mr. and Mrs. Gerald C. Shankle 1915 Lenox Street Camp Hill, PA 17011 Escrow Agent: Carol J. Lindsay, Esquire 26 West High Street Carlisle, PA 17013-3016 Escrow Agent: Gregory R. Reed, Esquire 2423 N. Third Street Harrisburg, PA 17110 - I J ~ ;,..~ '[~j~:i:~',_ Such addresses may be changed from time to time by any party as to itself by serving notice as above provided. Such notice shall be deemed given on the date of personal service, or on the third (3rd) business day after mailing by certified or registered mail, as the case may be. ,<1<, 8. Except with respect to the indemnity provided in paragraph 5, which indemnity shall survive the expiration of this Agreement, this Agreement shall expire upon the final disposition of the Escrow Funds pursuant to the Workout Agreement or this Agreement. 9. The Escrow Agents shall not permit the release of Escrowed Property, except as permitted under this Escrow Agreement. 10. The duties and obligations of the Escrow Agents shall only be such as are specifically set forth in this Escrow Agreement, as it may be amended from time to time, and no implied duties or obligations of Escrow Agents shall be read into this Agreement. Without limiting the generality of the foregoing, the Escrow Agents shall have no duty to ascertain whether Northeastern or Shankles have complied with their respective obligations hereunder or under the Workout Agreement. 11. This Agreement may be executed in counterparts, each of which shall constitute an original Agreement, but together shall constitute the same instrument. 12. This Escrow Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, including its statutes of limitation but without regard to its rules concerning conflicts of law. 13. Any invalidity, in whole or in part, of any provision of this Escrow Agreement shall not affect the validity or enforceability of any other of its provisions. 14. This Escrow Agreement shall be binding on and shall inure to the benefit of the parties hereto, their successors, heirs and assigns. '. . ~~ ",-"~'~',,, ,'- 15. The Escrow Agents may not assign their rights and obligations under this Escrow Agreement without the prior written consent of Northeastern and Shankles. 16. The recitals appearing before Paragraph 1 of this Escrow Agreement constitute a material part of this Escrow Agreement and are expressly incorporated herein by reference. IN WITNESS WHEREOF, intending to be legally bound hereby, the parties hereto have executed this Escrow Agreement on and as of the day and year first above written. ATTEST: ,-~~ Mark Kerlin, President of Northeastern Home Improvements of Harrisburg, In:. 0 .g"fr}jJ({ Gerald C. Shankle, Jr. WITNESS: t~~~ WITNESS/ATTEST: {l.y~ THE ESCROW AGENT: .~~ WITNESS/ATTEST: THE ESCROW AGENT: ''''''t",""~,,,,,,,,-,<,, -- , I I I I I I I I I I I I ~ ~ " . . . . . . . . . . . . . . ...........::... .............. , ' FLOWER fLOWER &.LINDSAY , .............. ................... . . . . . . . . . . , . . . , . . . .............. FROM 'FAX NO. : 2436511a Jul. 21 2000 lla:56RM P7 , '- B~ -,;-, MEMBER USTERN PENNSYLVANIA BUREAU .() '\,11 t~j-L~)2 '!. I. (J\~ __ __ _ '~~~) ~' J1 ()J\1 It VI> TI\1P n () '?RIvfJ t:I~'J'S 125 North Enola Street. Sui,te lO6 Eoola, PA 17025 (717) 732-3600 m ALCOA TO 6,.".,./..},. ~iY""(it1 "5AOMr/~ ~7r. , l"t)<"' ,L "';'"Jr , 5f. ('''''''r/1../1/4, 17all Job No. g~~~o# ~~.i; r!-dd~ Improve~~ ~S:~~~i~~::~ ~~h~~J:,~t9.:roppec~~:a~o:::'molst1/Ih an"bu",!8'dllenria,la an,d~lablorblo Install. construct Md placalha , , ' . I 9 ocaa~a a oveaddmss. ,. OBTAIN ALL APPROPRIATE PERMITS AND INSURANCES, J? /Ph" ,,/r" ""'''''/1 ...(C~-( .,4,"j:L -<!.'~,,.~t"t.J /-,01....,... (s,..", "''ow.,,, ...,) ;;3, /fd'$'~ !'(,.) '5~"j adrh'~;'l1-:tL..~", C7 ~I'< ~ rl1"""~,(;.MtlI"!J IV;( (t,; (5..d",w")~.;l.?; '1 ~d:::;; ~ I~..d .,~v. :; ':j.t'~ f.r.~,. 1,<-11(< ~'.:'::;i::~:~~~' 7i ;..~s ;J --~;::_.~< f ~, b tb.{ 7-~ - _"_7 . ",,-.,,1 574.-" ~ 1._.__ d.__~ ;;//~) ~';,~:~~::~:~ '~1:: t,:t--p;. MLI- ""d ~_. 7. .ft~~': 1-/~:j~)7::'J(.;1:i~~;~V-ab~~~dJi<1{f.""~'j~~';' I;' r~y,i:JV.. ,It.>.. ~v,l,,'y,Qv. 0.. f~::~1 ;.g/~t~,j-;~~ ;01YC~ --".'7't, ...,a"'1.14H d.'':J,',.d ~-a::'" 'A'~JIil'.wj;. ct', ,4~i i....;.. 'd,f':/lA~ (60~,t!)n'; 1,...,,/1'........ /I,.J.:~<I;;. ,.. It"/",j."ct>t" f'//"",b,;'" ... /,,..~-t /,!:'J.,./l.,i:) ,~ ~_~(i" ~ ~ 10. &.<1,,// ef~i-,,/ ~'1/... -fl...;"") "."..,.- J.."...e. ~;;:I/ ;4t;.; ~~~'~ ~~~:.lu l'k~ 0...1 ~~" ill< t,.. ,.;"/40 'S<: .' 00 NOT 00, .. Price rjiI7t.J. - .~ less Oiscount ;;; / -3 ~ /. ~ TOTAL /,~'" J7, - DIP Recehled ;1-1"% .~tl"''' A-......,,/ ",,,,,/0,/ nJC,:::.r:: BALANCE OWED /-1'-% ...~ C"""/JI,-!."',,, Bal. to be financed fj/ Ie",'; ,'" 1,;;,1111 ""'IlI~op.. i'".-ft..,y., "';""'f"fl'l<,<(I";> ,..d".,:1.?juwn:: ,"" ,,'3!t-';"C/1d{'oodl#!,r,j/,. The ContractOr srnau be pormltted to proe.aed wflh thfs WOIk on or about A.. ~ ..J!t~ . ilflCIllJKJn acccptanc:e by you and the ContrBCtor. will. subject to unfol'tts..n contingenclu, oorrmence W9~ OR or aboulpld dale. P.yment 01 the abQV$ wo~ '0 be mode 1II111olaw5; Coahup<>nComplollan: "1<% <AloiNv' r/n()o/' J!.,':f, ''If'''''' .(""'Y'!,.f/d)i1 This og.oomOl11 _ becomo binding only """n Wlittsn ...,aplanco by 1110 ConlnlC'''' cr upen lho Contraolot commoro:lng p011crmance and """" such occoPlaru:e lit _ncemont 01 perlClnlance 11IIs ShaD ccnslllulo tho 0_ ocnlrac1 and be blnd'mg upeo> tho peril.. ho,elo. 1honlb&1n9 no coVGn8lltu. promlBfls. watrMlles or agreomentl. written or oral, "lqJr&ssed or ImpriDd, e~pt as here1n illlt lontl. Ho $... Rep1'een1..tlve of me Conttador has,Bulhotity to aUst rho tenns of this aQl1f8lf1st'lt In any pa~ula,.11 is Iurlhar aorted \hBl: (A) ANY ah,mlfM Of devtBUon ttom abovB &pOCnJcalt(ni$1n'voMng 8)(tra t;Q1rtS. wIl1 be 8lt8CUted onl1 upon Writum ooter$. and wit b8l:1QAW at'\ extra Charge 0"" and allOYa 1110 Origlnolog..omont (a) Tl1G CooI_ shaW not IJe _lbIe lor damoge, dolay or ~fOllll _.. OCCI".O..nd by any"..... or any Idno:l or ._ beyond lis cOntrot, IndUlfattg, but no11imited to. tlll'tlad conOlct, at economio di'Gtoca\lon muhW\g lhef9from, ~,rgoe$~ thortages of 4altQr, law malerlals. plllductlon 'e.lllllo, or _pollalion: labor d!lflC\>lIlu: civil <l\&ordacs,orany ~ind: &clion or 01.11 or mlUlary aUl/tOJ\1Ie. (Including pllo.'les and ol_U""s); lilas. Qoo(Ill and aa:idOlllS. The C<m\rO<lOl..mes WOf1un.... eo_lion and Public Wabitily Insur...., bu' doos not .osume - 01 ony choracte, undor this ..,nlrael OIhor UlO/l rovotOd by such Insuranc.. (0) Tl1G propoulls1lmh.d to r"....~ dol" IlCCllpIonce kom dolo lIe.s.ol. . (0) Tt10 P""""",orls doallng wI1h 1l1e C d ~ and \hat tho Omt<.-1s "0. aoling norou"".' as '110 auenl Of ,.p.......1tve 01 any P"""". n"" Of <oIPCf3~on. tE) Ooposlta./O .....roIllflda\>1e. H cash _ OhIII.' _'Ill< obtalnod. ~'f tleposn I ^mollOI /"/.'--' tI CASH U CHECK II .19~ Signature , Signalur. \\\,\1 lM.Sl~{.) ~() HOMg \:11 lMPHOVE:MgN'J'r. Rep~~':;' ~d-'-::=:"'.~ ~__~"" " - w , , . . . " ..........,....,......,..,..,....,.,.,.,..."......,.............,.",..,.............,..,...............,..................,...,............................................................. FROM : FLOWER FLOWER & LINDSAY FAX NO. : 2436510 Jul. 21 2000 10:54AM P5 ....;. NORTHEASTERN HOME IMPROVEMENT OF HARRISBURG: PROPOSAL FOR GERALD AND PATRICIA SHANKLE: 2ND STORY ADDITION "" I. REMOVE EXISTING ROOF FROM THE HOME AND DECK EXISTING RAFTERS WITH )( INCH PLYWOOD. 2, FRAME OUT SlDEW ALLS WITH 2X4 CONSTRUCTION 16 INCHES ON CENTER 3. SET AND LEVEL NEW SIDEWALLS AND TIE INTO NEW FLOOR 4, INSTALL NEW ROOF FRAMING WITH 2X6 CONSTRUCTION AND Y, mCH PLYWOOD. 5. INSTALL NEW FELT AND SHINGLES TO NEWLY CONSTRUCTED ROOF. 6. CLOSE IN EXTERIOR WALLS WITH 'Y. INCH TONGUE AND GROOVE POLYSTYRENE AND INSTALL PLYWOOD IN ALL CORNERS AND OPENINGS FOR ADDED SUPPORT. 7. INSTALL SIDING TO ENCLOSE THE NEW 2ND FLOOR ADDITION, COLOR TO BE CHOSEN BY CUSTOMER. 8. INSTALL NEW SOFFIT AND FASCIA IN COLOR OF CUSTOMERS CHOICE TO ALL OVERHANGS, 9. INSTALL ELECTRIC RACEWAY TIlROUGlIOUT THE ENTIRE 2ND FOOR AND RUN NEW HEATING DUCTS AND TIE IN WITII EXISTING FURNACE, 10. RUN ALL NEW PLUMBING TO THE NEW Y, BATH AND MASTER BATH. 11. INSTALL ALL TOILETS, V ANlTIES, SINKS, TUBS AND SHOWERS THROUGHOUT THE BATIIROOMS. 12, PLUMBING INCLUDES HOT AND COLD WATER, 4 INCH W ASTBLINE, VENT 5T ACKS, AND SHUTOFF VALVES. 13. 2ND STORY WILL CONSIST OF THE FOLLOWING: MASTER BEDROOM WITH MASTER BATH, \1 BATH, 2ND BEDROOM, STAIRWAY, AND HALLWAY. 14. INSTALL ALL NEW WINDOWS A TOTAL OF 9 WINDOWS ON 2ND FLOOR. INSTALL ALL INTERIOR DOOR AND THEY WllL BE UNFINISHED LUAN DOORS 11IA.T WILL BE ST AlNEJ) IN EITHER A LlGlIT OR DARK STAIN. 15. INSTALL NEW Y, INCH DAYW ALL, SPACKLE, SAND AND PAINT INlElUOR IN COLOR OF CUSTOMERS CHOICE SEMI GLOSS. 16. INSTALL NEW BASE TIUM AND WINDOW AND DOO1\ TRlM (CLAMSHELL PINE STYLE). 17. STAIN OR PAINT TRIM ACCORDING TO CUSTOMER. 18 INSTALL NEW FLOORING THROUGHOUT TIm NEW ADDITION CUSTOMER TO CHOOSE . FROM COMPANY STOCKED MATERIALS. . 19. INSTAlL ALL OUTLET AND SWITCH COVERS IN EITHER ALMOND OR WIDTE TO ALL OUTLETS AND SWITCHES. 20. INSTALL OUTSIDE CENTRAL AIR CONDITIONING UNIT DUCTWORI< IS ALREADY RUN. 2l.lNSTALL A FRONT PORCH WITH A MARQUIS ROOF WITII SHINGLES TO MATCH. IT WILL CONSIST OF PICKETS, TONGUE AND GROOVE FLOORING, FINISHED PORCH CEILING IN ... WHITE VINYL AND ALL OVERHANGS IN WHlTIl VINYL, 22. HAUL AWAY ALL JOB RELATED DEBRIS FROM THE JOB SITE AND ISSUE W:1IE~S UPON COMPLETION. "F . ~ M l -d ~ ~....... .4c:"c"~~~ (-/7h /J' ./1 y.r_.... - .,\..J{), t;,~,:>JY,J'lCI, - ~. """""~ ~ . "" \. .' . . " , ................................................".............".......,,,........,,....................................................................,................................... FROM : FLOWER FLOWER g. LINDSAY FAX NO. : 2436511:l Jul. 21 2000 10:53AM P3 NORTHEASTERN' HOME IMPROVEMENT OF HARRISBURG: PROPOSAL FOR GERALD AND PATRlCIA SHANKLE ADDITION 14' X 16', I. EXCA VA TE 20 X 24 AREA STEMMING FROM TIfE KITCHEN AREA. 2. DIG FOOTER TRENCHES 8-12 INCHES AROUND THE PERIMETER OF THE OlJfSmE WALLS. ' 3. WE WILL SET EACH AND EVERY FORM INSIDE OF THE TRENCHES SO WE ARE PREPARED TO POUR FOOTERS, 4. APPLY APPROXIMATELY 4 INCHES OF 2B STONE SIZE INSIDE ALL FORMS, OR TO CODE. S. SUSPEND ALL SUPPORT REINFORCEMENT BAR INSIDE FORMS TIlATTIE IN WIlli EXISTING BLOCK OR STONE FOUNDATION. 6. WE WILL lHEN POUR OUR FREEZE RES1STANT CONCRETE INTO ALL FORMS. CONCRETE WILL BE 3500L8 PER SQARE INCH FINISHED CONCRETE FOUNDA nON, AND WILL BE MIXED ON TIlE)DlI SITE. 7, INSTALL THREE TO FOUR COURSES OF TEN INCH CONCRETE BLOCK. 8. STARTING AT THE CORNERS ALL BLOCK CORNERS WILL CONSIST OF REINFORCEMENT BARS TIED INTO FOOTER EVERY FIVE FEET ON A RUN. 9. BACKFILL TIJE REINFORCEMENT BAR WI'IH CEMENT TO ENSURE A STRONG AND STABLE FOUNDATION. 10. INSTALL A PRESSURE TREATED MUDSILL THAT WlLL BOLT INTO THE CONClUlTE BLOCK. II. LOCATE THE CENTER OF THE ENI1RE ADDITION AND DIG A FOOTER APPROXIMATELY 8-12 INCHES. 12. ON TOP OF THIS FOOTER WE WILL INSTALL A CONCRETE PIER FORMED ON SIlE TO JOB SPECIFICATIONS, 13. INSTALL ON TOP OF TIm pmR A PRESSURE TREATED POSt TO SUPPORT THE GIRDER. 14. INSTALL A GIRDER WID'IH WlSE ON TOp OF THE POST AND SECURE AT EACH END wrrn LAG BOLTS, 15. WI! WILL INSTALL A COMPLBTE LEDGER BOAlU> INTO THE RIM JOIST OF EXlSl1NG HOME. 16. INSTALL JOIST HANGERS MADE OF IlEA VY GAUGE ALUMINUM OR GALVANIZED STEEL. 17. INSTALL A 6 MIL nnCK POL YURElHANE PLASTIC HARRIER AND A COATING OF 2B STONE TO PREVENT THE MOISTURE FROM RISING INTO ADDITION. 18. INSTALL A RIM JOIST AROUND THE PERIMETER OF THE NEW FOUNDATION NAILED INTO MUDSIL,L WITIIGALVANlZED 16D NAILS, 19. INSTALL FLOOR JOISTS 16 INCHES ON CENTBR TO TIlE GIRDER THAT RUNS DOWN THE CENTER OF TIlE FOUNDATION, 20. A BLOCKJNG IS FASTBNED TO EACH AND EVERY FLOOR JOIST TO ENSURE THE STABILITY OF THE ADDITION. 1.1. FLOOR 'JOISTS WILL FASTEN TO THE RIM JOIST ON THE OUTSIDE OTTHE / Od OO~. J~~ 1I","~I""A...~c y.J~ ('.. -~h~- 4/~': K{J~6.1g7CU4 ~1,..\'lOd- II 1." l' ,. , , . , ..............................................................,...............................................,............................................................................... FROM : FLOWER FLOWER & LINDSAY FAX NO. : 2436510 Jul. 21 2000 10:54AM ' P4 22. WE WILL THEN INSTALL THE SUBFLOOR OF THE HOME. 23. INSTALL A Ii INCH FIBERGLASS INSULA nON WITH TIm PAPER FACING lRE HEAT SOURCE TO PREVENT A MOISTURE BARRlER BETWEEN THE INSULATION AND TIIE SUBFLOOR. 24, TIIE SUBFLOOR WILL BE % INCH PLYWOOD NAILED TO BUILDING SPECIFICA nONS. 25. INSTALL A STAGGERED SUBFLOOR TO ELlMINA'fll UNSTABLE SQUEAKY FLOORS. 26. WALLS WILL BE ROUGH FRAMED ON SITE WITH ALL HAND SELECTED KILN QRIED LUMBER. 27, FRAMING CONSISTS OF SOLE PLATES, DOUBLE STUD CORNER POSTS, CRIPPLE STUDS, HEADERS, TlUMMER STUDS, DOUBLE TOP PLATES, ALL STUDS 16 INCHES ON CENTER. 28. REMOVE EXISTING BRICK WHERE ADDITION TIES INTO HOME AND NOTCH our WALL TO UNE UP NEW ADDITION WALL LINES UP. 29. BUILD INTO EXISTING WALL A THREE STIJD CORNER POST WITH TOP PLATE AND CHALKING BLOCKS, 30. STAND UP PRESETW ALLS AND AlTACH TO TIlE THREE STIJD CORNER POST. 31. INSTALL ONSIGHT 2X4 CONSTRUCTED SIDEWALLS ON TOP OF THE FIRST FLOOR ADDI'TlON. 32. INSTALL NEW 2 X 4 PLATES ON ROOF DECKINO AND 2 X 4 BLOCK. 33. INSTALL A NOTCHED AND INSTALLED lUDGE BOARD TO THE END OF THE ADDITION WITH A I-FOOT OVERHANG. CUSTOM HAND cur AND CRAFT ALL RAFTERS LOCATED 16 INCHES ON CENTER, RAFTERS WILL NAIL INTO RIDGEBOARD AND WALL PLATES. 34. ROOF ALSO INCLUDES CElLING JOISTS BUlLT ON SITE NAILED INTO WALL PLATES. 35. DECK ROOF WITH % INCH PLYWOOD FELT AND SHINGLE OF CUSTOMERS COLOR CHOICE. 36. INSTALL ALL SOFFIT, FASCIA, AND GUTTER TO THE NEW ADDITION, IN~, Al.mtln 0 37 . INSULATE ALL WALL CA VITIflS WITH 4" FIBERGLASS INSULATION. 38. INSTALL OUR ELECTIC RACEWAY TIIROUGHOUT THE ENTIRE ADDITION. 39, SHEET THE EXTERIOR WALLS WI1H O.S.B.lJOARDAND FRAME ALL EXTERIOR WINDOWS AND DOORS, TIllS INCLUDES 8 WINDOWS AND 1 DOORS, 40. INSTALL I/2-INCH POLYSTYRENE INSULATION BOARD TO EXTERIOR WALLS. 41. INSTALL VINYL SIDING COLOR OF CUSTOMERS CHOtCH TO NEW ADDITION. 42. INSTALL Ya INCH DRYWALL TIfROUGHOUT THE ENTIRE INTERIOR OF THE NEW ADDITION AND SPACKLE, SAND, AND PAINT ALL DRYWALL. 43. ALL RECEPTACLES WILL 'BE:BUlL T TO CODE, 44. TRIM OUT ALL WINDOWS, DOORS, AND BASE MOLDINGS EITHER STAINED OR PAINTED. 45, INSTALL PADDING AND CARPET TIIROUGHOln" THE ADDmON. 46. THIS ADDITION WILL BE BUILT TO FINAL FLOOR PLAN, TO CODE AND BE READY FOR INSPECTION. 47, TIE IN WITH EXISTING HEAT AND RUN NEW BASEBOARD THROUGHOUT ADDITION. 48. INSTALL A NEW KITCHEN CONSISTING OF CHADWOODCABINETS WIlR COUNTERTOP AND SINK. CUSTOMER WILL SUPPLY ANY APPLIANCES (REFlUOBRATOR, OVEN, MICROWAVE, BTC.) WE STILL HA VB TO FINALIZE UE8WN:_~~CUSTOUFa #.<~,,~... ~ M 1J ~ /1 (J/l )(' U}" '" Jr JYno.1.::l , " C'"" ;'..,f'" "":; ,"'. ','.','; "'~' '.,', .,,:,'.... ".,.,. '! ~ ~ \ i . ) f... I' I H ~ I ! I 'i {,' ,. j I,; f" L d ' ",' t,!' " i ! '" : i ) ( ) ,I, (~ ' ,.1 j"'~:J J ',n ,i L', ",1,,\, ;'1 ..I 'l ~-s \ 'i~,JA *- jl~ ,Ii;'~ l;,'. I ~ t. ~ , ,1-11 1. ,_ 'l: f~ ~ ~ , ,"" i 1 r ',' " ' I . ~ , t.,,\.\,I. L'j',.: '-/1." (,~!,,; ii ",h'": ~ \ t.~, "ll.' '-{~. lll\-t) ~ . . , \,1.' ;" " , " ' 9d ~SS:0l 000e l~ 'lnf !:1: , , ~ V" t) 1:1 tr: ... ,!;., '<, ,.,' Cl" f. it, '~C P- l"r-' ;:..: ~ ""', , ' ., b ~ ,,;) :s I> - ;. ,,' . l) 1'1 :::-f-. 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II .....:. :~"""I .r"~~ .E ....... ,.-.., " . . .,- . ;':,i.~,..,;;"~,',,:,:...;.,,',~'."'.:",,""',~,',,......"'..r,,, """"'~;""~':"~';'::.";';,i' ,:;.:~r::.:+::~.:" . . . '. ' ". ~;" ~ '. .. ," :'1 :..~".~. \:"\ :'.' . ~,><<.. ~ ,: ." "j...;- ~ I' . ~ ...., . ..r-, -',~"'~\,,':' ~'; ,} ':!/. ~~~{. ',: " '" ,. .,;, :; :~i:;\~,:.,'~:' L'li;2ir . ,:~;;.:ri2~~'.i;;;' j",c,~'~~,'::<>,t:i~}\~~;,i~.::Jlt.. ...';,,1,; .f'':':;; ..:}- \' ,-,I. , r... \. .: ',I; ,: "..: ..." '.. . ~ . , ,~_. ~ ~~{ ,:~~>,,;, ~'.\~0 ~:""" , ".~. Oil") r}' { .:~ j:_L~,: FUNDS ALLOCATED FOR MASTER BEDROOM MASTER BATH CLOSETS AND LIGHTS MASTER BATH $3,202.45 SECOND BATH $ 838.43 BATHROOM/BEDROOM/HALL CLOSET/LIGHTS $ 419.36 TOTAL S4.460.24 EXHIBIT 6 _.-..... ..-~c.:..~ '!'- ,"-;:: .,,~;iiig~~';ri~~~&~~i;Zti:~~;;~~;i~~~fi;.~~~75;r;.~;;2li;;1i;;{{j;;~~;'~~{,": ::.~; .::;:-:;:~::~;~~::~;;t~~~fi~f~~%g?.i.i:0J:~~j('.~... .. " ,"" h "i,..r ...", :.-~~ "'. "",,,~i~; . . '.~ .., . . :~."""~~..: . ......."::... .....'.. h '-::-~'.-... _.-:. -...~~::.~:_: '.'" '.~ .. ~~\:~,"~;'~~iI,tj1&_~~t~~$ii;C.... .' .' : . ' . ~.~ .;. :: I:.:t , ~ 'l'_'" ~ lIijff,Jii,,41 .:.... ....... -. .... ....;... ..,.- .. AU9-~5-00 08:42A Psychiatric Assoc/Cent PA P.Ol. 811 5/00 TO: Carol Undsay Fax # ..2 ~:3 . (., lf~[P From: Pat Shankle The kitchen flooring information. Armstrong - Item #24812 -;.. "'-: '. ':~':J.;i~~~~!~if~~~~~~i~:~t~~~~J?:"'-". .;.-. '-,- .' -', .. b '+ 11'7,,0 C' , ..,. c:..)CV) f .',/,', , . f,i},e,~',,;,::i\;;~jf:~';~;;i;;~~~':~;;;t~~~;i~;.~t;~~;~S,)~;~;;~'~:;i;;:~~;,:::;::;.:i:';;'::;;:il':j~~~:~F;~i,~;;~,!,~,;;~ti~~~~(~\\;~[;:~~;tl;~~t~iiI1~:';\~~~\~f~;ijj1i';i;~~i~~~!j:~j~;,::~;~~:~ti\~I:~~~~W;f;i::;::" . :'.""" . '--',;.' ,',. . . . ....:.- :_.,~.:- . ".,' ~.;. .:.-::.,:. ,. .,......:-.!",..; .., '-'. .:: ,,-... , "\ ,: , -'~ ". _'h _..' ',;~::.~i~.,~~~L.~@;~,~f~f~~~~~;J!~~l~~~it~~f~;:~~;/ '.,. - .v"._ _. :~':~~ki~~~ ;' "'-". .: .;;/.':,;i;;;,~:i;";~%::<;~', \ . The following are areas that need to be completed along with the workout agreement items. . Kitchen The original kitchen ceiling above the cabinets is unacceptable and needs to be redone and painted The space between the microwave and cabinets needs to be completed The outlets near washer/dryer closet in the kitchen are not working The kitchen plumbing under sink - holes need to be filled in per Camp Hill Borough Inspector The kitchen stove is not level and the outlet needs to be relocated so that the stove will fit back against wall The kitchen cabinet doors - one needs to be replaced due to being damaged during installation or it may have be received that way and the two doors were installed that were not the same pattern Some kitchen cabinets still need handles installed The bi-fold doors on washer/dryer room need to be adjusted The Refrigerator needs to be leveled All of the counters need to be caulked Some-of the floor tiles in the kitchen are coming up The kitchen floor is marked with glue and needs solvent to remove and the floor needs to be cleaned. The kitchen needs cable/phone jacks installed The French doors in the kitchen need another bolt in the door handle, and the keys need to be turned over to us The screen doors need to be installed, and new weather strip/seal and base needs to be installed The outside siding needs to be leveled The recessed light above the kitchen sink needs to be installed The paint needs to be removed from all trim work The kitchen needs a second coat of paint. EXHIBIT j C ~~~ ""Hw' ~ " J ~ I.J",,_ ~ ,- , ~_.J;(j":\,,;-4fg,"},i " Livino Room The baseboards need to be installed The walls need to be patched, sanded and painted The marks/gashes in the hardwood floors caused by the construction workers need to be repaired "' Old Dinino Room The new wall between the old dining room and the kitchen is unacceptable. It is not straight or level as well as the trim work around it The floor entrance from the old dining room into new addition needs to be redone Per the contract, the floor is to be level The brass floor strip from the old dining room into the new addition is sticking up. Basement The new ceiling wall going downstairs needs to be sanded and painted Stairway to Uostairs Install new carpet due to stains/paint spots Walls need to be integrated (from old wall into new), sanded and painted ~~-'" , ~" , 1 ~.<:. Ji,ta~'j .. Uostairs Hallwav . New carpet, due to stains/paint spots, needs to be installed The carpet near the steps needs to be finished as the carpet was pulled out whenever the railing was installed Master Bedroom New carpet, due to stains/paint spots, needs to be installed The screen needs to be reinstall The fan/light switch for the second fan/light needs to be installed The fan needs to be balanced The drywall and paint around outlets needs to be touched up The Master bedroom door is not closing tightly against doorstop and needs to be fixed Master Bathroom New fixtures in shower and jacuzzi need to be installed The plumbing holes under sink need to be filled in per Camp Hill Borough Inspector Stainless steel screws need to be installed in the shower and the drywall screws need to be removed The shower door needs to be fixed so that it will shut per instructions of Camp Hill Borough Inspector T:he glue needs to be removed from the floor and the floor needs to be cleaned The drywall and paint around outlets need to be touched up The toilet tank lid needs to be replaced due to the corner being broken off ..--. '~--..' -----.. ." -"'~ .' j ~ -'"- - ~ ' """'}::::11: . Spare Bedroom The new piece of trim outside of the bedroom door needs to be replaced and then primed and painted The new carpet, due to stain/paint spots, needs to be installed The cover with the screws to hide the pipes in the closet and heat/air conditioner unit needs to be installed The ceiling where the smoke detector is installed needs to be redone The drywall and paint around the outlets need to be touched up '. Jordan's Bedroom The walls where the mud line is showing needs to be redone The holes in the wall need to be fixed. The bi-fold doors need to be fixed, and new hardware on the right door needs to be installed The cover with screws to hide the pipes in the closet needs to be installed The drywall and paint' out the outlets need to be touched up The fan needs to be balanced. Jordan's Bathroom The correct hardware in the shower needs to be installed They need to be sure that the cold and hot are correct The sink needs to be fastened to the vanity The glue needs to be removed from the floor and the floor needs to be cleaned The bathroom door needs to be fixed so the same will close properly The carpeting is fraying at the bathroom entrance due to the problem with the door and needs to be fixed The cabinetry over the toilet needs to be installed A new light fixture needs to be installed The hardware on the vanity needs to be installed ~_~~.'~ """"~ ^w_ . '< J '~~ ,~ ,-",,~ "4'0 . All Rooms The phone/cable lines (upstairs/downstairs) need to be connected so that they all work . Outside The down spouting on the front porch needs to be installed The new cap around all of the first floor windows, some need installed on top and front and back windows need completely redone due to construction damage The new screens on the first floor windows were damaged by construction and needs to be replaced The screens thathave cement stains need to be replaced The front door needs to be fixed so that it shuts completely, and the front door screen and frame need to be replaced due to being damaged by construction workers The sides and front of the front porch need to be fastened to soffit The front yard needs to be leveled and seeded The backyard needs to be seeded All of the dirt must be away from the house per Camp Hill Borough Inspector The drain line for the down spouts so that water runs away from house needs to be installed Need to install a trap door on addition for outside access The gutters near the back door need to be fixed as the water runs straight down in the comer The spouting in the back left corner near the door needs to be nailed down The front siding near the Master Bedroom window needs to be nailed down The siding on the front porch near "J" needs to be nailed down Front porch: switch board around near swing; the loose board needs to be nailed down; the pose and bowed board needs to be replaced The back porch light needs to be removed and installed properly per discussion with Mark Kerlin The electrical outlet needs to be installed on the back of the house The dumpster needs to be removed and Lenox Street needs to be cleaned of debris and mud from the dirt pile The house needs to be washed down, including the brickwork, siding and front porch Three feet of the shingles need to be removed, as well as a watershield installed and new shingles installed along with gutters, pipe collars and drip-edge extensions. . ..-~. .- .. ,~ 0 " .'1 , ~. "~' ""~""""'~J,~,'- ,,--r;;,i PATRICIAA. SHANKLE and GERALD C. SHANKLE, JR., Plaintiffs vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 01-2430 CIVIL NORTHEASTERN HOME IMPROVEMENTS OF HARRISBURG, INC., Defendant IN RE: PRETRIAL CONFERENCE Present at a pretrial conference held this date were Joseph L. Hitchings, Esquire, attorney for the plaintiffs, and Richard Rupp, Esquire, attorney for the defendant. Counsel have agreed to set a discovery deadline for the end of October and to proceed to a nonjury trial on December 11 th. An order has been entered of even date herewith reflecting this understanding. Joseph L Hitchings, Esquire For the Plaintiffs 4d- August 21, 2002 Richard Rupp, Esquire For the Defendant Court Administrator :rlm ~~ilJlti!liii&~i!ill!i-M_,~i~!~!li1:<il~~~:"'~'i.fuL~E!<o\ii!I44i~;tJfll!"<:lt)' ~ ~~,~~~, "~~, , ": >~ .. ........."""""""'llilli!l . 1 h \1N\f,;11l" '1.I..f\JnO(j rl^ :~NN3d .. l,J Jif!J-.i:Jf!r 'Ie ,"c /'1.0;; '//?lV I C Gnv cO J./:!I;tJC!fXO/ J.;JCbd ::!u, ::Jv;':J:fn..n:1'~' 'J. -10 -,~, tJ:J ild -. ,~~,~. h ,,__"'l';'''',,>,,~~,~,.,O:7''',l -~, ,< ,~--",,'~'," ,~, .H'~">-,,".,-"'" -'.N, ~ .', .. Iii;; "~~:IIO"! ~I SAlOIS SHUFF, FLOWER & LINDSAY ATIQRNEYS'AT'LAW 26 W. High Street Carlisle, P A I. PATRICIA A. SHANKLE and GERALD C. SHANKLE, JR., Plaintiffs vs. NORTHEASTERN HOME IMPROVEMENTS OF HARRISBURG, INC., Defendant TO THE PROTHONOTARY: , ~ , _";'" I ,~,j <- ",{',;':;",U:,,;;,',;- ,-., l~~ '-,J. "'Co IN TH!t COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001 - oN/3D CIVIL TERM IN ASSUMPSIT JURY TRIAL DEMANDED PRAECIPE Please reinstate the Complaint in the captioned case. it SAlOIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff By: ;;/ r I J. indsay, Eire I 44693 26 West High Street Carlisle, PA 17013 (717) 243-6222 _"'<~ :t:rAi_1lilj~1li!l1:i!ffl"-%lilW,~i@,tkt-r~!iIilWM~\h,.,e~\"'\.MiiWL;;';.~i.kW;;&!lii~' ~ '. ~B . ~"'<"~""'''''~'''=- n ~~ -,,,.,,~ ,-,..", ,"- . ,~, -...- &tiu ~-~~-.uIM; +" jj~~[~ o c;; ;-f\ ~;.~ ' 2:~ :~( :.2- r U)..,;'-' r..:C~:' ~;2 ~ -< C~'L' '0" >,' - b ~ ~ .,o~ ,....) (..,.J ,', '--;-: '"'" ,~ ~ .~ ... I, I ~ , " <0"""'- Lc _'" ,.-' "" SHERIFF'S RETURN - REGULAR CASE NO: 2001-02430 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SHANKLE PATRICIA A ET AL VS NORTHEASTERN ,HOME IMPROVEMENTS RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsy1vania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon NORTHEASTERN HOME IMPROVEMENTS OF HARRISBURG INC the DEFENDANT , at 1310:00 HOURS, on the 30th day of May , 2001 at 125 ENOLA DRIVE SUITE 106 ENOLA, PA 17025 by handing to CINDY BLOOD, CORP COORDINATOR 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 So Answers: 18.00 9.30 .00 10.00 .00 37.30 r~~ R. Thomas Kline 05/31/2001 SAIDIS SHUFF LINDSEY Sworn and Subscribed to before By: me this ~/~ day of ~ olirol A.D. n..... , (L ~ '-f~onotary ,~ .' . SAlOIS SHUFF, FLOWER & LINDSAY ATIORNBYSIATlLAW 26 W. High Street Carlisle, P A I 'U PATRICIA A. SHANKLE and GERALD C. SHANKLE, JR., Plaintiffs , ,'~, -'-;<fl IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001 - 2430 CIVIL TERM vs. NORTHEASTERN HOME IMPROVEMENTS OF HARRISBURG, INC.,' IN ASSUMPSIT JURY TRIAL DEMANDED Defendant IMPORTANT NOTICE o CJ S < '- :Qlt,=J,_; r::-: ." _(.7 \\ ~ "":. =< .r. TO: Northeastern Home Improvements of Harrisburg, Inc. c/o Richard C. Rupp, Esquire Rupp AND MEIKLE 355 North 21st Street, Suite 205 Camp Hill, PA 17011 (") .','\ ";-'-0 ~" "~~J _.;; (.~) "--'", ,'~, :r"i :';C) i..jrn :~:! :q ~, YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 SAlOIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff By: II . SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYS-AT-LAW 26 W. High Street Carlisle, P A '~I ~ ' =" PATRICIA A. SHANKLE and GERALD C. SHANKLE, JR., Plaintiffs vs. NORTHEASTERN HOME IMPROVEMENTS OF HARRISBURG, INC., Defendant ~'- , ,~ ',~,",", ,,';;:",",,~,-,;";,-',~ '~y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001 - 2430 CIVIL TERM IN ASSUMPSIT JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Carol J. Lindsay, do hereby certify that in accordance with Pa.R.C.P. Section 237.1, I have this date mailed to the Defendant in the above captioned action, Notice that unless they take action within ten (10) days, a default judgment will be entered against them. il SAlOIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff By: e _~~~W;i,'IM&j,"lIffJ;,E/d-^."'.;"'-Ml~~~o#!i~~ lhkt1\lit&'~Kf.iR.u\jil1]Mt.;j,JJ,OOJ,';!.\t,;,~';;;;..r~~iII!If'(!MMl',!I. ~~I~~ltlf!tm ',-:....,",-,. ~yJ o ~ -aU: me 11f <t... ~-c' Pc': ;?" ~ . ,>, ,"'" <" .'." _ c, ~ ".., ~ ~,,,,,,",,,~,"~" ""'_""'"^~"""~"'.' _ . '~.,,~ 0 - ~., -~, -' ',~ ',- "" , - - ,. ~,~.~"" t.-::J r'~ \'1 c=: "'--- ~" ,-) cr., 1..:.7 '....) i -n't \ (\~1 __>C) :' -~ /'r1 .j,~! .::JJ ---.,,: u 'S-:) . ~" I ! I i, Ii ~ I ~ "J 11- ~, ,--, - ~" "'''- -- l~k Rupp & Meikle BY: Richard C. Rupp, Esquire Attorney 1.0. No. 34832 355 N. 21st St., Suite 205 Camp Hill, PA 17011 Telephone: (717) 761-3459 Attornev for Defendant PATRICIA A. SHANKLE and GERALD C. SHANKLE, JR., Plaintiffs vs. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2001-2430 CIVIL TERM NORTHEASTERN HOME IMPROVEMENTS OF HARRISBURG, INC. Defendant : IN ASSUMPSIT : JURY TRIAL DEMANDED NOTICE TO PLEAD TO: PATRICIA A. SHANKLE AND GERALD C. SHANKLE, JR., PLAINTIFFS c/o CAROL LINDSAY, ESQUIRE SAlOIS SHUFF FLOWER & LINDSAY 26 WEST HIGH STREET CARLISLE, PA 17033 You are hereby notified to file a written response to the enclosed Answer and new Matter and Counterclaim of Defendant within twenty (20) days from service hereof or a default judgment may be entered against you. \ I Richard C. Rupp, Esquire Attorney for Defendant Dated: July 16, 2001 .." ""' ~ .. L,_ ,1-- =,",,' "^, /C '~~ ~#.';' PATRICIA A. SHANKLE and GERALD C. SHANKLE, JR., Plaintiffs vs. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2001-2430 CIVIL TERM NORTHEASTERN HOME IMPROVEMENTS OF HARRISBURG, INC. Defendant : IN ASSUMPSIT : JURY TRIAL DEMANDED ANSWER. NEW MATTER AND COUNTERCLAIM AND NOW comes Northeastern Home Improvements of Harrisburg, Inc., by and through their attorneys, Rupp and Meikle and Richard C. Rupp, and avers as follows: 1 . Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Denied. It is denied that Plaintiffs advised Defendant's agent that the primary purpose of the addition was to accomodate the Plaintiff Patricia Shankle's elderly parents who were moving into Plaintiffs' residence 1 -- ; ,1 ~'" ;.~"", "-. ''-~,-'-' '{'~' " and in particular to accomodate Patricia Shankle's father who uses a wheelchair. To the contrary, it is believed that the addition was primarily to accomodate the Plaintiffs as the parents were intended to occupy the previously existing portion of the Plaintiffs' residence. 6. Denied. It is denied that on May 6, 1999 the Defendant's agents Mark Kerlin and Jamie Walsh advised Plaintiffs that the additions contracted for would be completed by Labor Day, 1999. To the contrary, the original contract dated May 24, 1999 does not specify any completion date. Further, the Defendant's agents may have attempted to give an approximate or ballpark date of completion, but it assumed no problems or delays. 7. No answer is required as the contract speCilks for itself. To the extent the averments in Paragraph 7 of Plaintiffs' Complaint require an answer, it is denied that further delays continued and by April 2000 after numerous warnings Plaintiffs advised Defendant that they considered Defendant to have breached the contract. To the contrary, the Plaintiffs could not, initially, obtain a building permit for this project. The Plaintiffs, therefore, had to seek a variance from the Camp Hill Zoning Hearing Board. After the Zoning Hearing Board granted the Zoning relief to the Plaintiffs, the Plaintiffs could obtain their necessary 2 " ~-~'"~ '" ' ,~ ~'" 'M&. uILWi~ building permit. The Defendants assisted the Plaintiffs in obtaining this necessary zoning relief to allow the Plaintiffs' project to proceed. Other delays were attributable to winter weather and to the Plaintiffs who did not want Defendant's workers on the site at various times including the holiday period. It is Admitted that Plaintiffs advised Defendant they (Plaintiffs) considered Defendant to have breached the contract. 8. Admitted. 9. Admitted. 10. No answer is required as the Agreement speaks for itself. 11. No answer is required as the Agreement speaks for itself. 12. Admitted. 13. Denied. It is denied that Defendant has not fulfilled the provisions of the workout agreement and may particulars set out on Exhibit "B" attached hereto and incorporated herein. To the contrary, Defendant has fulfilled the provisions of the workout agreement. Defendant has fulfilled all of the provisions of the workout agreement. Defendant 3 ~" " ' - ~ l,,,,.:' "'~ ','-- " 'iII\tI,. conducted a final inspection with the homeowner and the Camp Hill Borough Codes Inspector at which time all unfinished items were finished in order for the Plaintiffs to obtain an occupancy permit from the Camp Hill Borough. Further, Defendant offered to come back but it was Plqintiffs who prevented Defendants from returning to finish any minor items. It is denied that there are any uncompleted items to be completed by Defendant except for some touch up items which Defendant offered to complete but was prevented from doing so by Plaintiffs. It is denied that in particular Defendant has failed or refused to comply with Paragraph 9-J which calls for the new addition to be level and match with the existing home so that a person can enter and exit the addition from the original house in a wheelchair without assistance. To the contrary, the Defendant worked meticulously to tie the addition on the first level into the existing home despite a seriously askew floor in the existing dwelling. A person in a wheelchair can enter the addition from the existing dwelling. 14. Denied. It is denied that Defendants performed the contract in a poor improper unworkmanlike manner as set forth in Exhibit "C", To the contrary, the Defendant completed the contract and the workout agreement in a proper, good and workmanlike manner and conducted a final inspection of the house with the homeowner and the Camp Hill 4 .1 ~, "^ - ~" ,^'. ,,' -;, )f;:~ Borough Codes Officer with no further items to complete at that time except for possibly some touch up items which Defendant offered to complete but was prevented from doing so by Plaintiffs. 15. Denied. It is denied that despite reasonable extensions of time by the Plaintiff, the Defendant has failed or refused to cure the aforesaid breaches of the workout agreement. To the contrary, the Defendant is unaware of any extensions of time to cure the alleged breaches of the workout agreement. The Plaintiffs did not want the Defendant's workers on the job for any possible touch ups that might have been needed. Further the Defendant did want some items which were not contracted for as if they were to be provided under the contract. Further, the Defendant is unaware of any breaches by Defendant of the workout agreement. 16. Denied. It is denied that the reasonable costs actually incurred are or to be incurred by Plaintiffs in remedying the alleged breaches described are in excess of $25,000, the statutory limit for arbitration including attorneys fees to reasonably enforce the terms of the workout agreement, Penalties for delay, the cost to complete the project and the cost to remedy poor, improper unworkmanlike construction. To the contrary, the Defendants have not breached its workout agreement. 5 " ~" : ,I"~,, -'~"-lL!)j1;;;'; The Defendant conducted a final inspection with the homeowner and the Camp Hill Borough Codes Inspector where all final issues were raised and corrected in order for the Borough to issue the occupancy permit to the Plaintiffs. Furthermore, in the alternative, it was the Plaintiffs who breached the workout agreement by preventing Defendants from complying with the terms of the workout agreement. As such, Defendant is not be responsible for any further costs, any penalties, any delay, costs, any attorneys' fees or any payment for any alleged remedies. WHEREFORE, Defendants pray this Honorable Court to enter judgment against Plaintiffs in favor of Defendant by dismissing said Complaint with prejudice. NEW MATTER Northeastern Home Improvements of Harrisburg. Inc. v. Patricia A. Shankle and Gerald C. Shankle. Jr. AND NOW comes Northeastern Home Improvements of Harrisburg, Inc., through its attorneys who avers the following New Matter: 6 ~ ~ . , -11 ~ ~ - 0"'; ,~ "-"''lk COUNT I - BREACH OF CONTRACT 17. The Defendants averments in its foregoing paragraphs in its Answer, paragraphs 1 - 16, to Plaintiffs' Complaint are incorporated herein by reference as if set forth in full. 18. The keys were lost to the French Doors. Although Defendant believes the keys were delivered to Plaintiff, the Defendant caused a locksmith to come out to the Plaintiffs' home three times to try to re-key the lock but the Plaintiffs prevented the locksmith from performing this work, 19. The Plaintiffs prevented the Defendant from performing its work under the workout agreement by preventing the Defendant's workmen from being able to work in the mornings when they arrived to work. 20. After executing the workout agreement the Plaintiffs changed the terms of the cabinets and appliances to be installed because Plaintiffs' original selection exceeded their contract allowance. The Plaintiffs' change in cabinets and appliances caused downtime to Defendants, thereby further delaying Defendant in performance of the workout agreement. 7 ,I, ",.,' "~---~ ,'- " .. r~';:~. 21. Plaintiffs would not allow Defendant's workmen in to work on certain days. 22. There was a final inspection with the Plaintiffs and the Camp Hill Code Inspector where many issues or questions were raised. 23. Defendant completed any issues raised by Plaintiffs or the Camp Hill Borough Codes Inspector required to cause the occupancy permit to be issued. 24. There were no final issues remaining after this meeting with the Camp Hill Borough Codes Inspector except for possibly some touch ups. 25. Defendant is entitled to payment of the final escrow sum of $ 10,000 by reason of Defendant's completion of its work under both the original contract and the workout agreement. 26. Despite the completion of its work under the original contract and the workout agreement, the Plaintiffs have not authorized the final release from the escrow agreement of the final $ 10,000 payment to Defendant. 8 - " i. I,~ , - ~"--_.2:r',; 27. For the aforesaid reasons, the Plaintiffs have breached the workout agreement with Defendant. 28. For the aforesaid reasons, the Defendant is entitled to reasonable attorneys fees from Plaintiffs. 29. By reason of Plaintiffs' breach of the said workout agreement dated August 18, 2000 Defendant is not responsible for any remedying costs, attorneys' fees, delay costs or penalties or any other damages. WHEREFORE, Defendants pray this Honorable Court to enter judgment against Plaintiffs for the sum of $ 10,000.00 in favor of Defendant, ordering the disbursement of said sum from the escrow fund in this matter plus attorneys fees and by dismissing Plaintiff's Complaint with prejudice. COUNT II - ESTOPPEL 30. The Defendants averments in its foregoing paragraphs 1 - 29 in its Answer and New Matter to Plaintiffs' Complaint are incorporated herein by reference as if set forth in full. 9 J; , " -r.'" ,," ^ , ~ ~'lltL 31 . For the aforesaid reasons, the Plaintiffs are estopped from claiming damages, attorneys fees, delay damages, penalties or any other form of damages from Defendant. WHEREFORE, Defendants pray this Honorable Court to enter judgment against Plaintiffs for the sum of $ 10,000.00 in favor of Defendant, ordering the disbursement of said sum from the escrow fund in this matter plus attorneys fees and by dismissing Plaintiff's Complaint with prejudice. COUNTERCLAIM - BREACH OF CONTRACT Northeastern Home Improvements of Harrisbura. Inc. v. Patricia A. Shankle and Gerald C. Shankle. Jr. 32. The Defendants averments in its foregoing paragraphs in its Answer to Plaintiffs' Complaint and New Matter, paragraphs 1 - 31, are incorporated herein by reference as if set forth in full. 33. For the aforesaid reasons, Plaintiffs breached the workout agreement with Defendant. 10 , ; I'. /. -'" 34. By reason of Plaintiff's breach of the said workout agreement dated August 18, 2000, Defendants are not responsible for any remedying costs, attorneys' fees, delay costs or penalties or any other damages. 35. Plaintiffs incurred additional charges by items not covered by the original contract or by items which exceeded their allowances in the total sum of $ 2,717.46 which have not been paid by Plaintiffs to Defendant. A copy of Defendant's invoice to Plaintiffs is incorporated herein as Exhibit" A " and made a part hereof as if set forth in full. 36. By reason of Plaintiffs' failure or refusal to make payment of the aforesaid charges, Defendant has suffered damages in the sum of $2,717.46. 37. Defendant is entitled to payment of the final escrow sum of $ 10,000 by reason of Defendant's completion of its work under both the original contract and the workout agreement and the escrow agreement. 38. Despite the completion of its work under the original contract and the workout agreement, the Plaintiffs have not authorized the final release 11 , ^ j,' I ^_ "~ """ ~~" ~;, from the escrow agreement of the final $ 10,000 payment to Defendant. 39. For the aforesaid reasons, the Plaintiffs have breached the workout agreement with Defendant. 40. For the aforesaid reasons, the Defendant has suffered damages in the sum of $ 10,000.00. 41 . For the aforesaid reasons, the Defendant is entitled to reasonable attorneys fees from Plaintiffs in accordance with the workout agreement. WHEREFORE, Defendants pray this Honorable Court to enter judgment against Plaintiffs for the sum of $ 12,717.46 in favor of Defendant, ordering the disbursement of said sum from the escrow fund in this matter plus attorneys fees and by dismissing Plaintiff's Complaint with prejudice. 12 ,;--"~~ '-~ ., I:. .-, RUPP AND MEIKLE { Richard C. Rupp Attorney for Defendant Attorney I.D. #34832 355 North 21 st Street, Suite 205 Camp Hill, PA 17011 (71 7) 761-3459 13 0' '-""'fiL '"'tit,,- ~ -- ,1-- =~ ~".-- " -, ' ; , ~ lLh'i:IJ:,,::-i VERIFICATION I, Mark Kerlin, verify that the facts set forth in the foregoing Pleading are true and correct to the best of my knowledge, information and belief. I am authorized to make this Verification as President of the Defendant on behalf of the Defendant. The undersigned understands that false statements herein are made subject to the penalties of 18 Pa. C.S.A 4904 relating to unsworn falsification to authorities. ~~ Mark Kerlin, President Northeastern Home Improvements of Harrisburg, Inc. Date: f} I J(.! 01 ",'<" NORTHEASTERN HOME IMPROVEMENTS OF HARRISBURG, INe 125 NORTH ENOLA DRIVE. SUITE 106 ENOLA, PA 17025 PHONE: (717) 732-3600 FAX: (717) 732.3627 September 12, 2000 Patricia &. Gerald Shankle 191 5 Lenox Street Camp Hill, PA 170t 1 The amount due for the colonial spindles, rails and posts for the front deck is as follows: $1,286.00 Thank you, Northeastern Home Improvements c.><l-{evSl,A ,_", '<"_.b-~;'~ NORTHEASTERN HOME IMPROVEMENTS OF HARRISBURG, INC 125 NORTH ENOLA DRIVE, SUITE 106 ENOLA, PA 17025 PHONE: (717) 732-3600 !=AX: (717) 732.3627 September 27,2000 Patricia &. Gerald Shankle 1915 Lenox Street Camp Hill, PA 17011 As per the workout agreement, total funds allocated far the Master Bath, 2ndary Bath ad Bathroom/Bedroom/Hall closet lights were: $4,460.24. Total of items selected and installed equals: $5,891.70. Balance due Northeastern Home Improvements is: $1,431.46. "A I, ~ .'2.- 1'- ,~- ,;,.,.,- C,;,""'; .".' /'-"-'< " ~ 0 ~, ' ,,~ _ ~_'" ,; '"' "',_c; - -~. & "-,:i CERTDnCATE OF SERVICE I, Richard C. Rupp, Esquire, do hereby certify that I am serving a true and correct copy of the foregoing Answer, New Matter and Counterclaim upon the person(s) named below by placing the same in the United States Mail, First Class, Postage Prepaid on the date stated below. Carol Lindsay, Esquire Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle, Pa 17033 ~~,~ Attorney LD.# 34832 355 North 21st Street, Suite 303 Camp Hill, Pennsylvania 17011 (717) 761-3459 Dated: 1/' It, ( i) ( ~ll'if.;;L"Ii~Jl(i~,miJ!i'!;;\;!lt<Jt\.-J2-ilEbM"t-,;,;,~,_"~,,,,""""";;JM"r,r;t!M";-,'l>."'.c6;rH.o.i";'";",''''r~,,,:,,,~-,,-.rr,H:'"d''hi!0J.M~i;Y~~~_~iOffl,;;;~~~' ~ C) (' .~) (' ~ C ...- c ..'_) I"~ ~, (,~ , , ""\ ~rJ , C:) -< -~^~ - "" H~" ,~-- < ~., ,~ "..,,~ "~~ r",' " ~~, ~ .. < ~ -~ , -~, - ~ ' , - ' :;,i,r APR 1 9 20041 \v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Patricia A. Shankle and Gerald C. Shankle, Jr. Case No.: No. 2001-2430 Plaintiffs In Assurnpsit- Jury Trial Dernanded vs. Northeastern Horne Irnprovements of Harrisburg, Inc. Civil Action - Law Defendant ORDER AND NOW, this :'J-Ld day of 0 f f.t A L , 2004, upon consideration of the attached Petition, a hearing on said Petition is hereby scheduled for the :J. ~ day of ~/"Vl tt. m. L/- f I '-CLAJ ' at t / ;fIl) in Courtroorn # --I-- of the Curnberland County Courthouse, Carlisle, Pennsylvania. By the Court: ,~~;:Jt'f~\,cMEt~~,;t.2.~;;~~1;\,";;-r.,-j;f-"i'~~~:>!;[:!H.',;,;;,14i~j~j''#;'1!'~11,'f_~","+;::',",1."!,,,,"b,";;l-~"';",~~,~'.f ~ "jl!1.iIl~1iI8ll!l1l1ii1iMJ_J\illl_~~~_MiliWiillMcl.ii;il!II.!/ilill!llj G'll 17 "1 1'Ih""7 ~ \,. eej ~ 'jut;" ." c' )\: ,\?~l)J>r+LOcd :JHl :YJUjO~o:nr::! "'-"""..' "'''''''~'",~.",,,,'~''''' ..,~ _ .', ~~ ,','-",,'r~ ,~_~, ".,.. "".'''' ,,~l,m''--', -'u"""_'<~""~"".___" ,- ':iU of, <,_~~ ',"', "., _ .~ ~." ,., "', _,"_ ~ Jf~ , ,'-I L.ri.-- - ~ '~- , ~ .t~- .' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Patricia A. Shankle and Gerald C. Shankle, Jr. Case No.: No. 2001-2430 Plaintiffs In Assurnpsit- Jury Trial Demanded vs. Northeastern Horne Irnprovernents of Harrisburg, Inc. Civil Action - Law Defendant PETITION TO ENFORCE SETTLEMENT AGREEMENT AND NOW, this] ,s"- day of n~ , 2004 cornes the Plaintiffs, Patricia A. Shankle and Gerald C. Shankle, Jr., and petitions this Honorable Court to enforce the Settlernent Agreernent between the parties and avers in support thereof as follows: 1. This action arises out of a construction project that was undertaken by the Defendant, Northeastern Horne Improvernents of Harrisburg, Inc. on behalf of the Plaintiffs at their residence located at 1915 Lennox Street, Carnp Hill, Pennsylvania 17011. 2. This case proceeded through litigation and was scheduled for trial before the Honorable Kevin Hess on Decernber 11, 2002. 3. On December 10, 2002, the parties reached a Settlement Agreernent where, in exchange for Plaintiffs Release of all clairns, Defendant would pay to Plaintiff the surn of thirteen thousand five hundred dollars ($13,500). Four thousand five hundred dollars ($4,500) of which was to be paid directly by the Defendant, with the balance corning from an escrow account that was being held by Attorneys Carol Lindsey and Gregory Reed per an Escrow Agreernent dated August 18, 2001. 4. After agreeing to the terrns of the Settlement Agreement, counsel for the parties notified the Court of the seUlernent and requested that the trial be cancelled. '" I',', ... . - ,'-'~ . '" "' ~ ' .~-""~~~~: 5. Defendant's counsel, Richard C. Rupp, Esquire, drafted a Stipulation rnemorializing the terrns of the Settlement Agreernent between the parties and forwarded the same to counsel for the undersigned via facsimile dated January 22, 2003. A true and correct copy of the transrnittalletter frorn Attorney Rupp along with the Stipulation is attached hereto, incorporated herein by reference and marked as Exhibit "A." 6. Irnrnediately upon receipt of the Stipulation, the Plaintiff's executed the sarne and returned a signed original to Defendant's counsel, Richard C. Rupp, Esquire. 7. Defendant's counsel, Richard C. Rupp, Esquire, has advised that his client will not execute the Stipulation nor will he make the payment to the Plaintiffs as agreed upon. 8. The escrowed funds cannot be release to Plaintiffs without a signed Agreernent by the Defendant or a Court Order. WHEREFORE, Plaintiffs, Patricia A. Shankle and Gerald C. Shankle, Jr., hereby respectfully request that this Honorable Court enter an Order directing the Defendant to corn ply with the terrns and conditions of the Settlernent Agreernent as mernorialized in the Stipulation, and further that the Stipulation be entered as an Order of Court. Respectfully Subrnitted, THE LAW OFFICE OF SEPH L. HIT HI S seph L. Hitchl gs, E ttorney for Plaintiffs uprerne Court ID# 65551 4708 Jonestown Road Suite 242 Harrisburg, Pennsylvania 17112 ~- - . i '~, '0 ""; l'<'_,. - d""-~"~n " 'f:'!i)i,'! IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Patricia A. Shankle and Gerald C. Shankle, Jr. Case No.: No. 2001-2430 Plaintiffs In Assumpsit- Jury Trial Demanded vs. Northeastern Horne Irnprovernents of Harrisburg, Inc. ivil Action - Law Defendant CERTIFICATE OF SERVICE I, Joseph L. Hitchings of The Law Office of Joseph L. Hitchings, Attorney for the Plaintiff, Patricia A. Shankle and Gerald C. Shankle, Jr., do hereby certify that I served a true and correct copy of the attached Petition to Enforce Settlernent Agreernent by United States Mail, First Class, postage prepaid upon the counsel listed below: Attorney Richard C. Rupp Rupp and Meikle 355 N. 2151 Street Carnp Hill, PA 17011 Respectfully Subrnitted, ,FROM :. Rupp & Meikle FAX NO. 730 0214 Jan. 2~2003 12:47PM P2 LAW OFFICES RUPP AND MEIKLE ANN MEIK...." I!;J;tXKS~QN (UII,".152) ^ PROFESSIONAL CORPORATION aGO NORTH 21S'r STREET, SUITE ~o~ CAMP HILL, PA 17011 (717) 7~1.8"G~ E.MAIL: R1.l1"PLAW10AOL.COM MAILlNG AnDRist! P,O, BOX 396 -ClU(F HILL, PA 17QOI-Q3P6 HERBERT G, KUPt'"Jtt, RICHARD C. RVPP January 22, 2003 TELE:F"AX: (717) 730.02U Joseph L, Hitchings, Esquire 203 West Caracas Avenue Suite 201 Hershey, PA 17033 Re: Shankle v. Northeastern Home Improvements No. 2001-2430 Settlement Dear Joe: Please find enclosed a proposed Stipulation in draft form. Please review it. If it is: acceptable, please let my office know. I will have Mr. Kerlin execute the Stipulation and forward it to you for execution by the Shankles. Upon execution by the Shankles:, obviously Attorneys Lindsay and Reed would be allowed to release the full escrow funds to you as attorney for Plaintiffs. I look forward to hearing from you. Thank you for your cooperation in this matter. Best regards. RCR/lin Rictgrd C. Rup Yours Enclosure cc: Carol Lindsgy, Esquire Gregory Reed, Esquire EXHIBIT j A ~., ,.=- .~ . . ., ,', ,i; o'~"~" .f~" v, 'b,' ,FROM; Rupp & MeIkle FAX NO. 730 0214 Jan. 22 2003 12:47PM P3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICIA A.SHANKLE AND GERALD C. : CASE NO. 2001-2430 SHANKlJE, JR. PlaintiHs : JURY TRIAL DEMANDED vs. : CIVIL ACTION - LAW NORTH!iASTEllN HOME IMPROVEMENTS OF HARRISBURG, INC. Defendant STIPULATION 14 IS WHEREAS, the PlaintiHs are adult individuals who reside a~Lenox St., Camp Hill, PA. WHEREAS, the Defendant Is Northeastern Home Improvements of Harrisburg, Inc., Cl Pennsylvania corporation doing construdion and remodeling work. WHEREAS, the parties are litigants In a lawsuit Involving certain construction and remodeling work by the Defendant at the PlaintiHs' residence. (No. 2001-2430, Court of Common Pleas of Cumberland County, PA) WHEREAS, the lawsuit pertains to the application and interpretation 01 a certain "Workout Agreement" and "Escrow Agreement", both dated August 18, 2001, Involving the above-referenced construction and remodeling work by the Defendant at the PlalntlWs residence. WHEREAS, the parties have now reached an agreement to settle and discontinue above relerenced litigation and settle and resolve lully and generally all claims either porty may hove ogoinst the other. ~.", - ,FROM ~ Rupp & Meikle 1.:1', IJ--^ "'ill/L, FAX NO. 730 0214 Jan. 22 2003 12:4BPM P4 AND NOW, this _ day of , 2003, the parties intending to be legally bound hereby, have agreed and stipulated as follows: 1. The parties agree that all dollars in the said escrow account shall belong to the Plaintiffs. 2, In order to pay the escrow dollars to Plaintiffs, the parties and their respective counsel shall cooperate fully to cause the remaining balance held In the escrow account of Atty. Carol Lindsay and Atty. Gregory Reed, per the Escrow Agreement dated August 18, 2001 shall be immediately released and paid to "Atty. Joseph Hitchings as attorney for the Plaintiffs". 3. In addition to the payment of the escrow dollars to Plaintiffs, DefendClnt shall pay the sum of $4,500 on or before February 15, ',,-- - 2003, to the Plaintiffs. \ 4. The Shankles, individually and lointly, on behalf of thl/lmselves, their heirs, executors, administrators 11114 Cl.sStgns, hereby fully releases and discharges Northeastern HOl1le ,Improveml/lnts of Harrisburg, Inc., its officers, directors, shareholders, employees, agents, attorneys, assigns and successors, from any all rights, claims, actions, litigation, liabilities, damages or losses which the Shankles jointly or individually now have or may hereafter have against Northeastern Home Improvements of Harrisburg, Inc., whether known or unknown, whether arising out of the original contrad or contracts for construction and remodeling services, and/or the Workout Agreement and/or the I:$crow Agreement and/or the construction performed Clt the Shankles' residence, and/or any other representCltion, agreement or wClrrClnty, and/or 2 ~, ~~ ~' ~,~ _."',...."'~~ -. ,'- ,.' o:='_'~~~,~:; fROM; Rupp & Meikle FAX NO. 730 0214 Jan. 22 2003 12:48PM P5 the litigation brought by the Shankles to No, 2001-2430 in the Court of Common Pleas of Cumberland County, Pennsylvania. $. Northeastern Home Improvements of Harrisburg, Inc., its officers, directors, shareholders, employees, agents, attorneys, assigns and successors, hereby fully releases and discharges the Shankles, their heirs, executors, administrators and <I$signs, from any all rights, claims, actions, litigation, liabilities, damages or losses which the Defendant now has or may hereafter have against Plaintiffs or either of them, whether known or unknown, whether <lrising out of the original contract or contracts for construction for construction and remodeling services, and/or the Workout Agreement and/or the Escrow Agreement and/or the construction performed at the Shankles' residence, and/or any other representation, agreement or warranty, and/or the litigation brought by the Shankles to No. 2001-2430 in the Court of Common Pleas of Cumberland County, Pennsylvania. 6. Plaintiffs shall cause their legal counsel to mark this maner satisfied, seHled and discontinued within 30 days of the date of this Agreement. 3 - ;1 ,,' ,'L '1"" """~""""""b':: '.,mOM! Rupp 8. Meikle FRX NO. 730 0214 Jan. 22 2003 12:49PM P5 AND NOW, on the date above recited, the parties having read the foregoing Agreement of Stipulation, have set their hands and seals below. WITNESSES: NORTHEASTERN HOME IMPROVEMENT OF HARRISBURG, INC., Defendant By: MARK T. KERLIN, PRESIDENT PATRICIA A. SHANKLE, Plaintiff GERALD (, SHANKLE, JR., Plaintiff 4 ~~.mJ";~:I,b-"b",m@_~!fritl ~'c'''':~f;q,:"";~,!;clB.b.,0-",,,,,,,,';I.[.;,:~-'''''',:, \",,';;',:{;.:\i!.<C-b,-~~_"""'-.Jllf.;;-",1i,"?1.~~':~-jHitH~!il1i#~~lilliii:t>~~ll'lIf~*,,~.;l_ ~ . .~~"~ ,- ~ "',.~~, ,..<, ,,"^~,,~ -,",,--,.. I "- ,~ ,~, . . !--- "'" ~ 0 = -f1 ,- .0=- :-'~ ..... ~ --''i'! ;::-:- "Ti 70 j l'r-'- -am :C)CJ en '-'6 ,~ =;i,j " ~~,l Qrs ;<O..7?n -:::~ ,'0 ~~ -J =< SAlOIS SHUFF, FLOWER & LINDSAY ATI'ORNEYS.AT-LAW 26 W. High Street Carlisle, PA ~'" ~." ''" -,. -",' .~,' --'-~"'. ,'- ,---1.";;::"_,, '" ,~; .; . \'. ;", ',; "___,<,,~ .c ,,,,,~c_-,~ ---<..,;,;""v,;. - "','o-,~, - j_ ;,-_",;_-. *,'<'''~ PATRICIA A. SHANKLE and GERALD C. SHANKLE, JR., Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001 - 2430 CIVIL TERM vs. NORTHEASTERN HOME IMPROVEMENTS OF HARRISBURG, INC., IN ASSUMPSIT JURY TRIAL DEMANDED Defendant REPLY TO NEW MATTER AND ANSWER TO COUNTER-CLAIM NOW cornes Patricia A. Shankle and Gerald C. Shankle, Jr., by and through their counsel. SAlOIS, SHUFF, FLOWER & LINDSAY, and replies to the New Matter and answers the Counter-claim of the Defendant as follows: 17. No answer required. 18. Admitted that the keys to the French doors were lost. By way of further answer, Defendant's agents lost the keys. Admitted that Defendant caused the locksmith to come to Plaintiffs' home. Denied the locksmith came three times. By way of further answer, the locksrnith came on one occasion and re-keyed the lock with Plaintiffs' cooperation. 19. Denied. By way of further answer, during the period following Workout Agreement, Defendant's employees arrived at Plaintiffs' home to work as early as 6:30 or 6:45 a.m. and stayed as late as 8:00 or 9:00 p.m. without Plaintiffs' objection with the exception of one morning, in late October 2000, when they arrived at 6:00 a.rn. and were asked to wait until the family had dressed. When Plaintiffs went to advise the workmen that they could enter the house to begin work, they found that the II SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYS.AT-LAW 26 W. High Street Carlisle, PA - ~"~I" ,~ u<"~ - __ -. c~ ,,_ - .,' I' ,.',""' , ,-':' ':',,"--~.,-< .<-~.".^'- \_,;'C--,".~" j"'~"-"~"'-'>l;{,: workmen had left the site and returned two hours later explaining that they had gone to get breakfast. 20. Admitted in part and denied in part. Denied that Plaintiffs changed the terms of the appliances to be installed. By way of further answer, all appliances had been purchased previous to the Workout Agreement by Plaintiffs and had been on hold with the local vender pending the time for installation. Admitted that Plaintiffs changed some of the specifications for cabinets because the original choices did exceed allotted amounts. By way of further answer, the final cabinet choices were provided to Defendant within 24 hours of notice by Defendant that the original choices exceeding the allowance. By way of further answer, all of the substitute cabinetry was in stock. By way of still further answer, Defendants never ordered the original cabinetry specified. Therefore, there was no further delay to the Defendant in the performance of the Workout Agreernent occasioned by Plaintiffs' choice of cabinetry. 21. Denied. By way of further answer, Plaintiffs perrnitted Defendants' workrnen to work on all days specified in the Workout Agreernent, and even Saturdays and Sundays which were not required by the Workout Agreement. By the way of still further answer, on the weekend before the Borough inspection, Defendants requested the opportunity of working on Saturday, which opportunity was provided thern by Plaintiffs, but Defendant's workers never appeared. On other weekends Plaintiffs permitted Defendant's agents to work, although not required to by the work out agreement. II '" SAIDIS SHUFF, FLOWER & LINDSAY ATI'ORNEYS.AT-LA.W 26 W. High Street Carlisle, PA .. , - b'- '."" - ,n, 'V-- < .--'~--.'~ ,,;;,,, :;:'i'>-,._,':',>~.,. "" "I -",/,,~,,:;,~_ , 22. Admitted, By way of further answer, Defendant's work did not pass inspection initially, and the issues or questions raised were raised by the building inspector. 23, Admitted in part The requirernents of the Building Code Officer were met However, the job was not complete, as the parties agreed at the time of the last visit of the Code Officer. 24, Denied, Defendant's agents, Paul Caldwell and Mark Kerlin, met with Plaintiffs and provided a "punch list" subsequent to the issuance of the occupancy perrnit outlining those items which rernained to be cornpleted, 25, Denied that Defendant is entitled to payment of the final escrow sum of $10,000,00, By way of further answer, the escrowed surn is $9,000,00, By way of still further answer, Defendants did not complete its work nor have Defendants paid the delay damages set out in the Workout Agreement 26, Admitted that the Plaintiffs have not authorized a release frorn the escrow account of any monies, 27, The averment in Paragraph 27 is a conclusion of law to which no answer is required, If an answer is required, Plaintiffs deny that they have breached the Workout Agreement with Defendant 28, The averment in Paragraph 28 is a conclusion of law to which no answer is required, If an answer is required, Plaintiffs deny that attorney's' fees are owed to Defendant Ii SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYS.AT-LAW 26 W. High Street Carlisle, PA <<- "~' . ", ,,; l,~' ~., ,. ", -'C:'". ,-,":,,:>::,,;<)ci'~_ ",--.;., ~;;, 29. The averment in Paragraph 29 is a conclusion of law to which no answer is required. If an answer is required, Defendant is responsible for remedying costs, attorneys' fees, delay costs, penalties and any other darnages. WHEREFORE, Plaintiffs pray this Honorable Court to enter judgrnent for Plaintiffs and against Defendant. 30. No answer required. 31. The averments in Paragraph 31 are conclusions of law to which no answer is required. If an answer is required, Plaintiffs are not estopped from claiming damages, attorneys' fees, delay damages, penalties, or any other form of damage from Defendant. WHEREFORE, Plaintiffs pray this Honorable Court to enter judgrnent for Plaintiffs and against Defendant. COUNTER-CLAIM. BREACH OF CONTRACT 32. No answer required. 33. The averment in Paragraph 33 contains a conclusion of law to which no answer is required. 34. The averment in Paragraph 34 contains a conclusion of law to which no answer is required. If an answer is required, Plaintiffs aver they did not breach the Workout Agreernent and Defendant is responsible for its breach of that Agreement including costs, attorneys' fees, delay damages, penalties, and such other relief as the Court deems just. 35. Denied that Plaintiffs incurred any additional charges totaling $2,717.46. By way of further answer, Defendant never provided the invoices attached as Exhibit II SAIDIS SHUFF, FLOWER & LINDSAY AITORNEYS-AT-LAW 26 " High Street Carlisle. PA I' -,-- I~ i i ! ,',,; '.J;,;_; ''''., ,,::., ',', ..'.':-.';,i."",:.~Or.t,,,,,,~,'~'J.,,- .-",,-,,'~'-.: "A" to Plaintiffs. By way of still further answer, the "upcharge" for the Colonial spindles was less than $100.00. The cost for the master bath, bathroom and hallway were less than those allocated for those areas. 36. The averment in Paragraph 36 contains a conclusion of law to which no answer is required. If an answer is required, it is denied that Defendant suffered I !; damage of $2,717.46. 37. Denied. By way of further answer, Defendant is not entitled to the final escrow sum because Defendant did not cornplete its work under the original contract and the Workout Agreement, and because Defendant did not perforrn its work in a good and workmanlike manner, and because Defendant failed to cornplete the Agreement tirnely and is therefore liable for delay damages. 38. Adrnitted in part and denied in part. Admitted that Plaintiffs have not authorized the final release of any monies to Defendant. Denied that the work under the original contract and the Workout Agreement was completed. 39. Paragraph 39 contains a conclusion of law to which no answer is required. Denied that Plaintiffs have breached the Workout Agreement. 40. Paragraph 40 contains a conclusion of law to which no answer is required. Denied that Defendant has suffered damages in the sum of $10,000.00. 41. Paragraph 41 contains a conclusion of law to which no answer is required. Denied that Defendant is entitled to reasonable attorneys' fees. II -~ -'-- .fo SAIDIS SHUFF, FLOWER & UNDSAY ATIURNEYS.AT.LAW 26 W. High Street Carlisle, P A L'^ ~l,_',_ ~" --- '" '. ---,,,,,,.,-,-- "'''~"';''''''''''- ,-'",-'" ~;'-"- ~~i WHEREFORE, Plaintiffs pray this Honorable Court to dismiss Defendant's Counter- claim. SAlOIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys f ti By: II SAlOIS SHUFF, FLOWER & LINDSAY ATrORNEYS-AT-LAW 26 W. High Street Carlisle, PA I, _ . ~ ","~.., ,;c, - " " "'" . h-'8' ",",-' ,j." "'"~ ,,_,;, ,.0", '.,;;',..'_ "..' ~ . "i';,.'M" ,n'"";,'C;n-'.,,,,: .'>_:"', "I ., r,~ ,""",}, PATRICIA A. SHANKLE and GERALD C. SHANKLE, JR., Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001 - 2430 CIVIL TERM vs. NORTHEASTERN HOME IMPROVEMENTS OF HARRISBURG, INC., IN ASSUMPSIT JURY TRIAL DEMANDED Defendant CERTIFICATE OF SERVICE AND now, this 'L-.O day of /~gt.(/'j 1- 2001, I, Carol J. Lindsay, Esquire, of the law firrn of SAlOIS, SHUFF, FLOWER & LINDSAY, Attorneys, hereby certify that I served the within Reply to New Matter and Answer to Counter-Claim by depositing same in the United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to: Richard C. Rupp, Esquire RUPP AND MEIKLE 355 North 21st Street, Suite 205 Camp Hill, PA 17011 SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff By: rei . Lindsay, Es ire 693 26 West High Street Carlisle, PA 17013 (717) 243-6222 II SAlOIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT-LAW 26 W, High Street Carlisle, PA _ ,,:,J --'~, VERIFICATION I, the undersigned, hereby verify that the statements made herein are true and correct. I understand that false statements herein are rnade subject to the penalties of 18 Pa. C.S. S 4904, relating to unsworn falsification to authorities. ~ (1. )-hem Gerald C. Shankle, Jr. Date~4-s 2.0} U(JI II "-',, , 'nj ~~~~~"" .~~~~~~~~iliii1'1i:~4~~~~!I1i;*S4 " u..'~ ~ !l'j,~ ,"".11 11- . _, "'~ ,. ]J:e![JJA-f!; "~! \~''101-:,,~,t'''C,-c,,,,~d'',", ( "^;'-',_ -~ I' c'"", , -- !,,,.,< --",^, ,~ "'N-~.,o. ~,"" ,~~ WW_ ,_2 .'" . ",,' ,.,,~" ,,-'~ ,~ " '" ~ . <',-'-' 'I , ~" , ", .,,!} ~'"~" , ~"~,' , " ." , "'~,,__,,, "_ "';' '.~;. n,;.;_ ; ,-~, ',I ,,'- ,'." .'.1'" ," '" '__ ,~__, '~" -,~, '~___, __''',,~'~ -"":d.~;; 'iO',c,,~,_::~"C;..._<~~":, ", '_~."~";;"!;: \ Rupp & Meikle BY: Richard C. Rupp, Esquire Attorney I.D. No. 34832 355 N. 21 sl St., Suite 205 Camp Hill, PA 17011 Telephone: (717) 761-3459 Attorney for Defendant PATRICIA A. SHANKLE and GERALD C. SHANKLE, JR., Plaintiffs vs. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2001-2430 CIVIL TERM NORTHEASTERN HOME IMPROVEMENTS OF HARRISBURG, INC. Defendant : IN ASSUMPSIT : JURY TRIAL DEMANDED 0 C"I r~) c;::; , .< ~"", c'.- !""';" . '-'- (T' ) .' ~} - , " ( ,". -< -.. " NOTICE TO PLEAD TO: PATRICIA A. SHANKLE AND GERALD C. SHANKLE, JR., PLAINTIFFS c/o CAROl. LINDSAY, ESQUIRE .... SAIDIS SHUFF FLOWER & LINDSAY 26 WEST HIGH STREET CARLISLE, PA 17033 You are hereby notified to file a written response to the enclosed Answer and new Matter and Counterclaim of Defendant within twenty (20) days from service hereof or a default judgment may be entered against you. / ,------- RUPP AND)~fIKlT) .~,< Richard C. Rupp, ESquireV1P- Attorney for Defendant Dated: July 16, 2001 " ~ -" ~ ,~,'''-'-','~~ ' "," '- '- <~ ;--';"';".n','~",,",___ "",,-. '.-__-~'.~,,'-, 0"." '..".-",. '--.C'" ';<:-',," "'.^,.'; ",--,_ -~' >~,,;'.i::~ll PATRICIA A. SHANKLE and GERALD C. SHANKLE, JR., Plaintiffs : IN THE COURT OF COMMON ,PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW : NO. 2001-2430 CIVIL TERM NORTHEASTERN HoME IMPROVEMENTS OF HARRISBURG, INC. Defendant : IN ASSUMPSIT : JURY TRIAL DEMANDED ANSWER. NEW MATTER AND COUNTERCLAIM AND NOW comes Northeastern Home Improvements of Harrisburg, Inc., by and through their attorneys, Rupp and Meikle and Richard C. Rupp, and avers as follows: 1 . Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Denied. It is denied that Plaintiffs advised Defendant's agent that the primary purpose of the addition was to accomodate the Plaintiff Patricia Shankle's elderly parents who were moving into Plaintiffs' residence 1 ~ ~~, - - ~" ^_c, " ,1-. ,- .-~ -;;'"'~ - -. ~- '~,,:~~,f.'S."'''',c;<, , -" '. _, " , _"'-~'[~ and in particular to accomodate Patricia Shankle's father ~ho uses a wheelchair. To the contrary, it is believed that the addition was primarily to accomodate the Plaintiffs as the parents were intended to occupy the previously existing portion of the Plaintiffs' residence. 6. Denied. It is denied that on May 6, 1999 the Defendant's agents Mark Kerlin and Jamie Walsh advised Plaintiffs that the additions contracted for would be completed by Labor Day, 1999. To the contrary, the original contract dated May 24, 1999 does not specify any completion date. Further, the Defendant's agents may have attempted to give an approximate or ballpark date of completion, but it assumed no problems or delays. 7. No answer is required as the contract speaks for itself. To the extent the averments in Paragraph 7 of Plaintiffs' Complaint require an answer, it is denied that further delays continued and by April 2000 after numerous warnings Plaintiffs advised Defendant that they considered Defendant to have breached the contract. To the contrary, the Plaintiffs could not, initially, obtain a building permit for this project. The Plaintiffs, therefore, had to seek a variance from the Camp Hill Zoning Hearing Board. After the Zoning Hearing Board granted the Zoning relief to the Plaintiffs, the Plaintiffs could obtain their necessary 2 ,,- - " '. ~,'" " ',,_ "__~"" __ .o,_~__" ~,' ,.~.~, -- ,'.','-,- "","^ _,-, -A'," .~ -, - "_", ,(;:,; ,"""_ "-' ___">t" """~"'-"~,~:.,." ~ "--'~:-';'di~ building permit. The Defendants assisted the Plaintiffs in o,btaining this necessary zoning relief to allow the Plaintiffs' project to proceed. Other delays were attributable to winter weather and to the Plaintiffs who did not want Defendant's workers on the site at various times including the holiday period. It is Admitted that Plaintiffs advised Defendant they (Plaintiffs) considered Defendant to have breached the contract. 8. Admitted. 9. Admitted. 10. No answer is required as the Agreement speaks for itself. 11 . No answer is required as the Agreement speaks for itself. 12. Admitted. 13. Denied. It is denied that Defendant has not fulfilled the provisions of the workout agreement and may particulars set out on Exhibit "B" attached hereto and incorporated herein. To the contrary, Defendant has fulfilled the provisions of the workout agreement. Defendant has fulfilled all of the provisions of the workout agreement. Defendant 3 '- -'~'- ,- ",,'-,."" '-'- _' _"-'_ ,~-o' _-'0""" "<:1.:""< ';''__, . ~ -" ',-', '-":";," -;;';;.r'.": 'r;~,,; conducted a final inspection with the homeowner and the ~amp Hill Borough Codes Inspector at which time all unfinished items were finished in order for the Plaintiffs to obtain an occupancy permit from the Camp Hill Borough. Further, Defendant offered to come back but it was Plaintiffs who prevented Defendants from returning to finish any minor items. It is denied that there are any uncompleted items to be completed by Defendant except for some touch up items which Defendant offered to complete but was prevented from doing so by Plaintiffs. It is denied that in particular Defendant has failed or refused to comply with Paragraph 9-J which calls for the new addition to be level and match with the existing home so that a person can enter and exit the addition from the original house in a wheelchair without assistance. To the contrary, the Defendant worked meticulously to tie the addition on the first level into the existing home despite a seriously askew floor in the existing dwelling. A person in a wheelchair can enter the addition from the existing dwelling. 14. Denied. It is denied that Defendants performed the contract in a poor improper unworkmanlike manner as set forth in Exhibit "C". To the contrary, the Defendant completed the contract and the workout agreement in a proper, good and workmanlike manner and conducted a final inspection of the house with the homeowner and the Camp Hill 4 ~~~- -" " '~ ,,~-, " - ,~ '" ~ " ~ ,~~,.; .' - -,.", .,""^ ~'-,:"~,,,,'I,' <"_~.. ~,~"'~ '",;""_ ,.__, ,-,:" "\A--'/-"'_:;,',,c;-;, "~ ,,-.L;,;';/ . , Borough Codes Officer with no further items to complete a,t that time except for possibly some touch up items which Defendant offered to complete but was prevented from doing so by Plaintiffs. 15. Denied. It is denied that despite reasonable extensions of time by the Plaintiff, the Defendant has failed or refused to cure the aforesaid breaches of the workout agreement. To the contrary, the Defendant is unaware of any extensions of time to cure the alleged breaches of the workout agreement. The Plaintiffs did not want the Defendant's workers on the job for any possible touch ups that might have been needed. Further the Defendant did want some items which were not contracted for as if they were to be provided under the contract.Further, the Defendant is unaware of any breaches by Defendant of the workout agreement. 16. Denied. It is denied that the reasonable costs actually incurred are or to be incurred by Plaintiffs in remedying the alleged breaches described are in excess of $25,000, the statutory limit for arbitration including attorneys fees to reasonably enforce the terms of the workout agreement, Penalties for delay, the cost to complete the project and the cost to remedy poor, improper unworkmanlike construction. To the contrary, the Defendants have not breached its workout agreement. 5 ......~ ~", ';" ~~, --' ,,'.c"~__ " ~,"~ " ",~,. "-',--" .';.-- .;r ",I, '-"'~"',",j '- ",~""",<~,.:" ;0'-~-' --",~.j',;'; 'h~-'.'- II -':,,-_";1 1.;1 .' , The Defendant conducted a final inspection with the home?wner and the Camp Hill Borough Codes Inspector where all final issues were raised and corrected in order for the Borough to issue the occupancy permit to the Plaintiffs. Furthermore, in the alternative, it was the Plaintiffs who breached the workout agreement by preventing Defendants from complying with the terms of the workout agreement. As such, Defendant is not be responsible for any further costs, any penalties, any delay, costs, any attorneys' fees or any payment for any alleged remedies. WHEREFORE, Defendants pray this Honorable Court to enter judgment against Plaintiffs in favor of Defendant by dismissing said Complaint with prejudice. NEW MATTER Northeastern Home Imorovements of Harrisbura. Inc. v. Patricia A. Shankle and Gerald C. Shankle. Jr. AND NOW comes Northeastern Home Improvements of Harrisburg, Inc., through its attorneys who avers the following New Matter: 6 ."O~ - ~, ~" " '_, '",_;~,~^,J'.";",,, ',"'_ ,'~ ,~" ,,,' ';.:.," -,:;ro';>,' '. _C';^'''_~<('-I'~ COUNT I - BREACH OF CONTRACT 17. The Defendants averments in its foregoing paragraphs in its Answer, paragraphs 1 - 16, to Plaintiffs' Complaint are incorporated herein by reference as if set forth in full. 18. The keys were lost to the French Doors. Although Defendant believes the keys were delivered to Plaintiff, the Defendant caused a locksmith to come out to the Plaintiffs' home three times to try to re-key the lock but the Plaintiffs prevented the locksmith from performing this work, 19. The Plaintiffs prevented the Defendant from performing its work under the workout agreement by preventing the Defendant's workmen from being able to work in the mornings when they arrived to wo'rk. 20. After executing the workout agreement the Plaintiffs changed the terms of the cabinets and appliances to be installed because Plaintiffs' original selection exceeded their contract allowance. The Plaintiffs' change in cabinets and appliances caused downtime to Defendants, thereby further delaying Defendant in performance of the workout agreement. 7 ~,": ---< __<,. ,,'"h' ;~",' ., :, _. '," ^ ';"~*,.: is.\.. .~ ,'-, '-;i,'~~J , " , 21. Plaintiffs would not allow Defendant's workmen in to work,on certain days. 22. There was a final inspection with the Plaintiffs and the Camp Hill Code Inspector where many issues or questions were raised. 23. Defendant completed any issues raised by Plaintiffs or the Camp Hill Borough Codes Inspector required to cause the occupancy permit to be issued. 24, There were no final issues remaining after this meeting with the Camp Hill Borough Codes Inspector except for possibly some touch ups. 25. Defendant is entitled to payment of the final escrow sum of$ 10,000 by reason of Defendant's completion of its work under both the original contract and the workout agreement. 26. Despite the completion of its work under the original contract and the workout agreement, the Plaintiffs have not authorized the final release from the escrow agreement of the final $ 10,000 payment to Defendant. 8 ~'~> _~' _^ ~' " ~_>o<' ~ ~~, ,~ . ,- -~'r.'"_ - '" '~' .~ ~'" , ,'~'" :1.:_,:_' ,,~'~.',"___ '''0 ""'0"";' ~'-'- '.'-",,,. .'..~.,,'"'- ,---~, ;g~i 27. For the aforesaid reasons, the Plaintiffs have breached the workout agreement with Defendant. 28. For the aforesaid reasons, the Defendant is entitled to reasonable attorneys fees from Plaintiffs. 29. By reason of Plaintiffs' breach of the said workout agreement dated August 18, 2000 Defendant is not responsible for any remedying costs, attorneys' fees, delay costs or penalties or any other damages. WHEREFORE, Defendants pray this Honorable Court to enter judgment against Plaintiffs for the sum of $ 10,000.00 in favor of Defendant, ordering the disbursement of said sum from the escrow fund in this matter plus attorneys fees and by dismissing Plaintiff's Complaint with prejudice. COUNT II - ESTOPPEL 30. The Defendants averments in its foregoing paragraphs 1 - 29 in its Answer and New Matter to Plaintiffs' Complaint are incorporated herein by reference as if set forth in full. 9 ~. " " , .", , " .~- , '--~''''"'" ,.." .. ",^;--','" , , ',.,v,', '~"-,' . ---- ,'. '-"'-'";~'..., :~- ,-- ,~ ~:..' '-;;/-; """'" ',~-',", , " -":,;:\:~ , " . 31 . For the aforesaid reasons, the Plaintiffs are estopped from claiming damages, attorneys fees, delay damages, penalties or any other form of damages from Defendant. WHEREFORE, Defendants pray this Honorable Court to enter judgment against Plaintiffs for the sum of $ 10,000.00 in favor of Defendant, ordering the disbursement of said sum from the escrow fund in this matter plus attorneys fees and by dismissing Plaintiff's Complaint with prejudice. COUNTERCLAIM - BREACH OF CONTRACT Northeastern Home Improvements of Harrisbura, Inc. v. Patricia A. Shankle and Gerald C. Shankle. Jr. 32. The Defendants averments in its foregoing paragraphs in its Answer to Plaintiffs' Complaint and New Matter, paragraphs 1 - 31, are incorporated herein by reference as if set forth in full. 33. For the aforesaid reasons, Plaintiffs breached the workout agreement with Defendant. 10 ~..-.. " ~ ,- " F_~ ~l-""'''' I "'-50,",,0, _ ,;''', .-" '" -'>d:,_ c.",-__,,; "--,,,.'-- ~"~:,,,-,. -'" """""",- "'W .' , 34. By reason of Plaintiff's breach of the said workout agreem~nt dated August 18, 2000, Defendants are not responsible for any remedying costs, attorneys' fees, delay costs or penalties or any other damages. 35. Plaintiffs incurred additional charges by items not covered by the original contract or by items which exceeded their allowances in the total sum of $ 2,717.46 which have not been paid by Plaintiffs to Defendant. A copy of Defendant's invoice to Plaintiffs is incorporated herein as Exhibit /I A /I and made a part hereof as if set forth in full. 36. By reason of Plaintiffs' failure or refusal to make payment of the aforesaid charges, Defendant has suffered damages in the sum of$2,717.46. 37. Defendant is entitled to payment of the final escrow sum of $ 10,000 by reason of Defendant's completion of its work under both the original contract and the workout agreement and the escrow agreement. 38. Despite the completion of its work under the original contract and the workout agreement, the Plaintiffs have not authorized the final release 11 .,~ -, ,~~, >~, , , '""'. h' ' "'-Jl~.;,,; , " from the escrow agreement of the final $ 10,000 payment to Defendant. 39. For the aforesaid reasons, the Plaintiffs have breached the workout agreement with Defendant. 40. For the aforesaid reasons, the Defendant has suffered damages in the sum of $ 10,000.00. 41 . For the aforesaid reasons, the Defendant is entitled to reasonable attorneys fees from Plaintiffs in accordance with the workout agreement. WHEREFORE, Defendants pray this Honorable Court to enter judgment against Plaintiffs for the sum of $ 12,717.46 in favor of Defendant, ordering the disbursement of said sum from the escrow fund in this matter plus attorneys fees and by dismissing Plaintiff's Complaint with prejudice. 12 ~t . .' ",;'''',., - "".' ,--~; RUPP AND MEIKLE ../---) / .//~ ,- By\ Richard C. Rupp Attorney for Defendant Attorney I.D. #34832 355 North 21 st Street, Suite 205 Camp Hill, PA 17011 (71 7) 761-3459 13 . ' r'," - ,","" ~ --,-' ',~' " .-,;,----,'1.-.. ','C..',__-;'_ " ,'. ~-"~;;;'~"'N ,-",;",_, ~,,-__ ""<' ","~2:'*;"'}", ,,;'-. ."",;,u,;: " . . . VERIFICATION I, Mark Kerlin, verify that the facts set forth in the foregoing Pleading are true and correct to the best of my knowledge, information and belief. I am authorized to make this Verification as President of the Defendant on behalf of the Defendant. The undersigned understands that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. ~~ Mark Kerlin, President Northeastern Home Improvements of Harrisburg, Inc. ")Iir../o! / I Date: " '~'"- "^" . ,"'"-,;,,'"~" -- -"',,",,~,'" -<'d"'.-;'-,C).'._",~_,a.,.' ,~".'i C'-;:-'.'-_,,,,,,,_;,,, . , . <--.<,~,.,;.~ 'NORlJIEASTERN HOME IMPROVEMENTS OF-HARRISBURG, we - i 25 NORTH ENOLA DRIVE. SUITt 106 ENOLA, PA 17025 PHONE: (717)732-3600 FAX: (717) 732.3627 September 12, 2000 Patr! cia &. Gerald Shankle 191 5 Lenox Street Camp Hili, PA ~ 7011 The amount due for the colonia! spindles, rails and posts for the front deck is as follows: $1,286.00 Thank you, Northeastern Home Improvements C,XVLvSlTA '= _n' " "" c', ,"'''' ,"-,,_~ ,_ : I, ,'. '",-1'.; ,;;" ,~~",,:-..,,",,~ ,..O"-,'"."',,J':-",." - ;',;. Z"';;---'4 ""..;ru__;';-', _ _ '~">>::""~ . . ,NORTflEASTEHN HOME IMPROVEMENTS OF HARRISBURG, INC . . , . 125 NORTH ENOLA DRIVE. SUITE 106 . ENOLA, PA 17025 PHONE: (717) 732-3600 FAX: (717) 732.3627 " September 27, 2000 Patricia &. Gerald Shankle 1915 Lenox Street Camp Hill, PA 1701 i As per the workout agreement. total funds allocated fer the r>1aster Bath, 2ndary Bath ad Bathroom/Bedroom/Hall Closet lights were: $4,460,24. Total of items selected and installed equals: $5,891,70. Balance due Northeastern Home Improvements is: $1,431.46. '"1\ il -2..- ~"," 0 __.. '_"'",__; ,i -,,"'- 'C:':"""_A:' _~~ - __"":l_"':"_'~"'~';''; -'/,~-C",:,,t:;,,;;,,,V"__ ".0,', ---._~~~ > , .' . CERTIFICA TE OF SERVICE I, Richard C. Rupp, Esquire, do hereby certify that I am serving a true and correct copy of the foregoing Answer, New Matter and Counterclaim upon the person(s) named below by placing the same in the United States Mail, First Class, Postage Prepaid on the date stated below. Carol Lindsay, Esquire Saidis, Shuff, Flower & Lindsay 26 West High Street ~H'~'hr"~~ ''\~'' ; "'\ " /J. keh"" C.I' pp~ ","k . '1 Attorney I.D.# 34832 355 North 21st Street, Suite 303 Camp Hill, Pennsylvania 17011 (717) 761-3459 Dated: 11 f 10 ( j) ( ~~ ~' ~ .J '~J '~ - :r '']-; PRAECIPE FOR LISTING.CASE FOR TRIAL (Must be typewritten and sul:mitted in duplicate) B i;: aJ fF r__ ""--, 1- TO THE ProrHONJTARY OF CUMBERLAND COUNl'Y 2~ f I S:;~ CO r.:::L Please list the following case: );:c J~, ~c,: -- (-:- ~ (Check one) ( X) for JURY trial at the next term of civil ;@urt-. .-.'i () -n '...,'. :')F= :---r-r -.it? ,-, , "_.i .-ii -Q ;:,1" _/ , "'-,' :0 -< (, for trial without a jw:y. ----------------------------------------- CAPTION OF CASE (entire caption must be stated in full) (check one) x) Civil Action - Law Appeal from Arbitration Patricia A. Shankle and Gerald C. Shanlile, Jr., (other) ( Plaintiff) vs. The trial list will be called on and August 13, 2002 Northeastern Home Improvements of Harrisburg, Inc., Trials comrence on September 9, 2002 (Defendant) Pretrials will be held on August 21, 2002 (Briefs are due 5 days before pretrials. ) vs. (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214.1.) No. 2001-2430 Civil 19 Indicate the attorney who will try case for the party who files this praecipe: Joseph L. Hitchings, Esquire Indicate trial counsel for other parties if known: Richard C. Rupp, Esquire Date: July 3, 2002 Signed: ~ L ~~/LAt- Print ~ 'JiJ.JefJh l_ fJdd/JrJl-liJJf Patricia A. and Gerald C. Shankle ,Jr. Attorney for: . This case is ready for trial. -, ~ j,- c ~' ""," '. "';' ~. .," '-'~,' .'-" ~ ..' -., > , ,~;; '.$ PATRICIA A. SHANKLE and GERALD C, SHANKLE, JR., Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW 01-2430 CIVIL NORTHEASTERN HOME IMPROVEMENTS OF HARRISBURG, INC., Defendant ORDER AND NOW, this Z /" day of August, 2002, following pretrial conference, it is ordered and directed that this matter is continued from the September term. All discovery in this case shall be completed on or before October 31, 2002. Trial without jury shall commence on Wednesday, December 11,2002, at 9:30 a.m. in Courtroom Number 4. Cumberland County Courthouse, Carlisle, P A. BY THE COURT, /Richard Rupp, Esquire For the Defendant /' LOP j e. {f) 0..', led. 8".2I.o~ l <<5 . /9;,( /1oseph 1. Hitchings, Esquire For the Plaintiffs Court Administrator -lu:vrtl d..UMet~.I ' 41:/171' ? /;;'1/0 ~., :rlm j~,""",oj'!l,jOl,_;$iijj~!Ilili:Hlflt'"iiIii~t;;;-'~M'i~l~lli;;;j_'<i\",,-~,~~~\O!-:llSi~<l"t<J~iiifiJ,4;,i~~l!'lllll~H:ttl""" - ,._~- \i1N\t^lAS'NN3d JJNnCO ON'o/\\:ij8~~1n8 <;2:1t ~,\11 \ Z 5fW 20 ,(",." ,',." \,.; AbVlOf"i0:-iJ.'_!ij'" "ne- :!Cl1:1;:1{)-031i;:1 :iO .~~~. ~, ~ ." >'~'" ' IiO.iliiIi , . ." ~- ,~~. , , < - "'-'" J , . ~ '~ '-' ;~',~"" -, -, " ~.! PATRICIA A. SHANKLE and GERALD C. SHANKLE, JR., Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW 01-2430 CIVIL NORTHEASTERN HOME IMPROVEMENTS OF HARRISBURG, INC., Defendant IN RE: PRETRIAL CONFERENCE Present at a pretrial conference held this date were Joseph 1. Hitchings, Esquire, attorney for the plaintiffs, and Richard Rupp, Esquire, attorney for the defendant. Counsel have agreed to set a discovery deadline for the end of October and to proceed to a nonjury trial on December 11 tho An order has been entered of even date herewith reflecting this understanding. Joseph 1. Hitchings, Esquire For the Plaintiffs 4Jt August 21, 2002 Richard Rupp, Esquire For the Defendant Court Administrator :rlm -....., " \ " '~l~~;ijI~'il:~~'td""i<:'~J~H~;.r;6,jJ~~!i':jl~~;,,,,,,\-j"'h,,~.k"j-J'",';'if>,.~,..ttj':,i'i)"'~',="jj.sj;~~~~lill!il'I\M~l!tIl!liiJ~';Ii!I!I",t,lt<1fI!l(;aal lI:H~iI~ldlilt ViN't/^1J..SNN3d A.U\lnW O1\~lll:!3B~na +JZ : II WV ! Z SflVZO AU'I'lONOH1Gid 3Hl :10 38lliO-031l:l .=~ ",''''.,''' '" ,.~ ='-,.~~" rn_'__ ~~.~" ""0 '"~.o" ~ _~ ., .......,'~ "t \ i' " ".. '-;-;".- ~ ,',", , '~<" M'~" .' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Patricia A. Shankle and Gerald C. Shankle, Jr. Case No.: No. 2001-2430 Plaintiffs In Assurnpsit- Jury Trial Dernanded vs. Northeastern Horne Irnprovernents of Harrisburg, Inc, Civil Action - Law Defendant ORDER AND NOW, this 24th day of May, 2004, following hearing on Plaintiffs' Petition to Enforce Settlement Agreement, it is hereby ordered and decreed that the terms of the Settlernent Agreernent are adopted as an Order of this Court, and Defendant is directed to pay to Plaintiffs the sum of $4,500.00 within 30 days from receipt of this Order, and the escrow agents are hereby authorized to irnrnediately release to Plaintiffs or their counsel any and all funds held by thern pursuant to the Escrow Agreernent entered into by the parties. By the Court: , /1#. c;-~ r- ,)..~ c. fJ~ I- ~ ~ +- /YYV&.<1.--I i;>. N~';';---~ 01 'iI~JYI-. .~~iiIlj~""!"Ai's!-:i""'Iii'-'ii-;.-b10,.,H~g~':L~>.i!i~i''''f'''''''''''~'''''':~~d.t!MeG;i#;j~~;{",~l;fllllll."'-"" Jl$~~!lii&l!~'" "A~ L_ ,,~, ~ .",~ '. rililll!l- _1l.!II o ,- ~ s~1fE 2":- :5t~~- ~(-~ ~~3 L z =< , ....., = = .r' ..". > -< N ~ - o ., ~ f1,-n r- -om :-,uO' r-, j ~C) t.i B-n -/-l'") OfTl >! :'::v -< :e: -:!,. N W ! ,-, . " ' > ~- ,-- " ,~- ,,". '-,,' ,~~,,,",,,,,.,, '''>'''~',., ,.Y', .,,,,,,~~,- <Vc',,", -~ '. --y-"""",~t~",.,>,"" . , ,.~ , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICIA A. SHANKLE AND GERALD C. : CASE NO. 2001-2430 SHANKLE, JR. : Plaintiffs : JURY TRIAL DEMANDED ''f/ vs. : CIVIL ACTION - LAW NORTHEASTERN HOME IMPROVEMENTS OF HARRISBURG, INC. Defendant ORDER OF COURT AND NOW, this ~ '" day of,.,., ,2004, upon consideration of the Motion of Richard C. Rupp, Esquire, Movant, in the above-captioned action: IT IS HEREBY ORDERED AND DECREED: That upon Petition of Richard C. Rupp, Richard C. Rupp and Rupp and Meikle are hereby withdrawn as legal counsel for the Defendant, Northeastern Home Improvements of Harrisburg, Inc. BY THE COURT: ,.IlL . 5/,,7..<(;0'/ ~ ~;~ o/'Z ~ / ~....t- to' N~ -tlCJ"I....~ ~ ~~ l-f.t. J. J4ii' ~;"";';~fJ.,,";.;..~.~.."'~~_~1tI(''-'-";< 'lillfi - " - Ii ,I '1 I, . ~ I I I 0 ,..., 0 c:;;;} C = -'1 ~~: .r- :1': --4 >~ :r: ,I -, '11 r= 1'.) -02] :'0 " ~, 0,1 -,,0 . -,-.i ~.:: --'-11 ~'?O ~. '-..., C:stTI -\ / ~;: _.~l N -< .,,,,' <:..~ ...<:: -.,-- ".. -, ~" " ~,~ .~'"' .. N. . ~~ ~, , -~~, '''~ " ,v. ~-- ';;J_, (_0 ,- '-' , ',' ,y, ",-,;"" <~,">";; <"""',~'" ,:,,, '~r:' .-,:,.- ,; '-"".~',;"" ~tt;,"~'-'~1' ,'~' .'_" .; ~",.,,;~~ , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICIA A. SHANKLE AND GERALD C. SHANKLE, JR. : CASE NO. 2001-2430 : Plaintiffs : JURY TRIAL DEMANDED vs. . . : CIVIL ACTION - LAW NORTHEASTERN HOME IMPROVEMENTS : OF HARRISBURG, INC. : Defendant MOTION NOW COMES, Richard C. Rupp, Esquire, your Movant, who avers as follows: 1. The law firm that your Movant is associated with is Rupp and Meikle, P.C., with principal offices at 355 N. 21s1 St., Ste. 205, Camp Hill, PA 17011. 2. Rupp and Meikle represented Northeastern Home Improvements in a civil action which settled shortly before trial whereby the President of Northeastern Home Improvements, Mark Kerlin, consented to a settlement which was communicated both to the Judge and to opposing counsel, Joseph Hitchings. 3. When Joseph Hitchings finalized and drafted a Settlement Stipulation for the Court for the judgment amount, Mr. Kerlin failed or refused to execute such Stipulation. 4. Further, in both the civil action of Shankles v. Northeastern and other civil actions, Richard C. Rupp, your Movant, and his law firm, Rupp and Meikle, were not paid despite billings that exceeded $12,000 and neither has been asked to perform any further representation on any Northeastern matter and the fact that we were advised that Mr. Gregory Reed was taking over representation of Northeastern, we _. "'+ '."a',."',,"-'"~ ,--.-'" '""y krk. -d ~-' "-~'~ W""""""-",,,',.i''''--''<i'':~-~i'' '. -" ''':':j'jl assumed it was with respect to all legal actions. 5. Richard C. Rupp and Rupp and Meikle have several conflicts therefore from the above recited facts: A. There is a conflict of interest as Rupp and Meikle intends to file suit against Mark Kerlin and Northeastern Home Improvements of Harrisburg, Inc., to collect on its billings. B. The settlement was recommended by Richard C. Rupp and Rupp and Meikle and was agreed to by Mark Kerlin and Mark Kerlin authorized Richard C. Rupp and Rupp and Meikle to communicate such settlement to both the Judge and Attorney Hitchings, who was opposing counsel, in order that the trial would not occur and a settlement would occur. C. There would be a conflict of interest as Richard C. Rupp and Rupp and Meikle will have to confirm the settlement and therefore enter a compromising position with respect to its prior client, Northeastern. 6. Richard C. Rupp and Rupp and Meikle are of the understanding that we are no longer counsel for any Northeastern matter. If there is any confusion or dispute as to this issue, we are filing this Petition in the Shankle matter to allow the removal of Richard C. Rupp and Rupp and Meikle as legal counsel for Defendant and thereby avoid the conflicts of interests recited above. 7. Attorney Richard Rupp left a message with Attorney Joseph Hitching's office but had not received a response as to his consent in filing this Petition. 2 ,'"".' - -'<" ~"'--~" n,' -- ,,--, - ~ o~ "",,-,".,->-~.--,,,,,,,,,,,,,~,,.'/,,~-, "",'-..~""",,;~.;:;;,,<'-i " ,C,"'_oo, -"t~~ WHEREFORE, Richard C. Rupp, your Movant, respectfully requests that the entry of appearance on behalf of Richard C. Rupp and Rupp and Meikle allowed to be withdrawn as legal counsel for the Defendant, Northeastern Home Improvements of Harrisburg, Inc., such that Richard C. Rupp and Rupp and Meikle will not have to represent at the hearing for enforcement of the settlement by the Defendant. RUPP AND MEIKLE By: Ric ard C. Ru , squir Atty. I.D. No. 34832 355 N. 21st St., 5te. 205 Camp Hill, PA 17011 717-761-3459 Attorneys for Richard Rupp, Esquire, Herbert Rupp, Esquire, and Col Frederick E. Gerber, II Date: ~( 3 ~-~ - ,'-. ~"~-'._-,",- -,~' ^ ,,' n ~r' ,"o.>c '~"\"" ",".> " < "ti~d"~"""_\~'I~'-;"~",..i*,''#i(;!""'--;-',, _ " ';y" it~~'i CERTIFICATE OF SERVICE AND NOW, thiStl!!:y of May, 2004, I hereby certify that I have served a copy of the within document on the following by depositing a true and correct copy of the same in the U. S. Mail at Harrisburg, Pennsylvania, postage prepaid, addressed to: Joseph L. Hitchings, Esquire 203 West Caracas Avenue Suite 201 Hershey, PA 17033 4 l~-' -........:..............0.:]" e--' T.l! ''';;,.&~''''lW~.;'''~~'';';';';;;''''' .,i-c.., ":~', ~;...,~ . ,",,,~ ." ^"," " ,~c,~, ~ ~ - .~,~~'~'. ~ , ,~,''''~~'''''~" , , ,~~, '"'~'" ~. -!:i.. ,.... ,,t. ~~'i~ <-~ "''" ....;1: ./ , "",_~I,J . ',"-~~ ~-,,,,~',-," "~\i ~, ~, ~ i ~""'il'> .,. " ,'''' Ii', ..t\ " o ~;; ;:: r~,' ril f :~I ~.:.-, ,.'! i7!r- ~( f.~'C) f'" c.: ~ 1 i'l r-.> = ~ ~ :p-" -< o --n -' :C-n fllp -om 6'1' _--iL) ..- -r. 5-n '-~o i"")rn ::::4 ~ '-< w .,. ::;: .::- ..... _Jl . ~ . , " ~ _, '. -"';-.';' "i'.:c, 0" _",-""-,-,,,, _,'",c''"'''''_ -cr; ---';~;J'Y,.c~, '''''''';'''-';C~rq PATRICIA A. SHANKLE and GERALD C. SHANKLE, JR" Plaintiffs vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW 01-2430 CIVIL NORTHEASTERN HOME IMPROVEMENTS OF HARRISBURG, INC., Defendant IN RE: MOTION TO WITHDRAW AS COUNSEL ORDER AND NOW, this I" day of May, 2004, a rule is issued on the parties to show cause why the relief requested in the within motion to withdraw as counsel ought not to be granted. This rule returnable Monday, May 24, 2004, at 11 :00 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle. P A. BY THE COURT, ../Joseph 1. Hitchings, Esquire For the Plaintiffs /Richard Rupp, Esquire For the Defendant ,/1 ~II~~ <x-O ., 66-10 :rlm ./KJ 01\'" e.o...s te. ~ tJ t\o~ e. Itn pcol/el'Y'le.l\ \ So 1Ii!;wm~~.~1iYI,~~~~'~'~.wi\i"~Bo:,rl~1l\4(j;M~m-1i~"'~" ~""''--''''''1I;nl "' _ '~I!1jl!l .-.- "-- ,'~ ~~w_i "tJjj)Uii"~-" w,:un l~~':I\-lt,r::kl \':!'~'Jl\ ,h" '-~~ \":'_:.:M'V"\:] '\/1.1(/'''-\ <:,";1 ,\ ;\,ll~j ~._,,!-,: 9 t :0\ H.'rj 8 \ ~ \J~4 ~UUZ O"\QUJ ::1".1.' :10 ~1J\i!\(1t~ :1- u41,~r;l ,,0 ._v3b\:\:lO-G~\\:\ '-~J .I!!I.,..., /C'__~ ,"",',,', ',- ~ -" c ~,' '"