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WESTHAFER CONSTRUCTION, : IN TI IE
INC., : CUMBI
Plaintiff /
V.
JOHN T. LEWIS and
CLAUDIA R. GIRRBACH,
Defendant
T OF COMMON PLEAS OF
D COUNTY, PENNSYLVANIA
NO. 99-6418 CIVIL TERM
JOHN T. LEWIS and
CLAUDIA R. GIRRBACH,
Plaintiffs
V.
WESTHAFER CONSTRUCTION,
INC.,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2000-4794 CIVIL TERM
CIVIL ACTION LAW
AND NOW, this 3" day of APRIL, 2001, at the request of defendant and
defendant's counsel the liearing scheduled for April 2, 2001, at 8:15 a.m. on the above
captioned matter is CONTINUED. The next scheduled date and time will be Monday
JUNE 11 2001, at 8:15 a.m. In C m 1 mm H-,5,
Craig A. Dichl, Esquire
Theodore A. Adler, Esquire
Court Administrator
and E. Guido, J.
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TARY
UtI',AY-i ANii:nE
CUhi cnr.yJ Cf)UN1Y
PENNSAW-RA
JOHN T. LEWIS and
CLAUDIA R. GIRRBACH,
Plaintiffs
V.
WESTHAFER CONSTRUCTION, INC.,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
00-4794 CIVIL TERM
CIVIL ACTION - LAW
WESTHAFER CONSTRUCTION, INC., IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. 99-6418 MLD TERM
JOHN T. LEWIS and
CLAUDIA R. GIRRBACH,
Defendants
CIVIL ACTION - LAW
AND NOW, this 8th day of January, 2001, having used
up the full day and one half allotted to try this case, and
counsel having indicated that an additional half day is needed to
complete testimony, proceedings will recommence on Monday, April
2, 2001, at 8:15 a.m.
By the Court,
Theodore Adler, Esquire
For J. Lewis & C. Girrbach
Craig A. Diehl, Esquire
For Westhafer Construction
It
Edward E. Guido, J.
01-/0-01
't 13
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PEINEV,
JOHN T. LEWIS and
CLAUDIA R. GIRRBACH,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
V.
:NO, 00.4794 CIVIL TERM
WESTHAFER CONSTRUCTION, INC.,
Defendant
CIVIL ACTION - LAW
WESTHAFER CONSTRUCTION, INC., : IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v. 20.99-6418 MLD TERM
JOHN T. LEWIS and
CLAUDIA R. GIRRBACK,
CIVIL ACTION - LAW
Defendants
ORDER
AND NOW, this day of September, 2000, upon agreement of the parties, it is
hereby ORDERED that the above captioned cases are consolidated for all future proceedings,
including trial.
By the ourt,
Edward E. Guido, J.
??9
WESTHAFER CONSTRUCTION, : IN THE COURT OF COMMON PLEAS OF
INC., : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V.
JOHN T. LEWIS and
CLAUDIA R. GIRRBACH,
Defendant
99-6418 CIVIL TERM
JOHN T. LEWIS and : IN THE COURT OF COMMON PLEAS OF
CLAUDIA R. GIRRBACH, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
V.
WESTHAFER CONSTRUCTION, NO. 2000-4794 CIVIL TERM
INC.,
Defendants
CIVIL ACTION LAW
AND NOW, this BE day of SEPTEMBER, 2000, the hearing scheduled for
October 6, 2000, at 9:30 a.m. on the case docketed to 99-6418 is CONTINUED. A mL-
trial is scheduled on both cases for Janun[y S. 2001, at 8:30 a.m., continuing into
January 8, 2001.
By th ourt
Edward E Guido J
Craig A. Diehl, Esquire
Theodore A. Adler, Esquire
Court Administrator
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JOHN T. LEWIS and : IN THE COURT OF COMMON PLEAS
CLAUDIA R. CIRRBACH, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
V. : NO. 00-4794 CIVIL TERM
WESTHAFER CONSTRUCTION,
INC., : CIVIL ACTION - LAW
Defendant
ORDER
Upon consideration of the Petition for Continuance filed by Craig A. Diehl, Esquire, on
behalf of Defendant, Westhafcr Construction, Inc.,
IT IS HEREBY ORDERED;
That the hearing scheduled for October 6, 2000 at 9:30 A.M. is continued until
, 2000 at _.M.
Judge
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JOHN T. LEWIS and
CLAUDIA R. GIRRBACH,
Plaintiffs
V.
WESTHAFER CONSTRUCTION,
INC.,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 00-4794 CIVIL TERM
CIVIL ACTION - LAW
PETITION FOR CONTINUANCE.
To The Honorable Edward E. Guido:
AND NOW COMES Defendant, Westhafer Construction, Inc., by and through its counsel,
Law Offices of Craig A. Diehl, and respectfully presents this petition for continuance of the
hearing scheduled for October 6, 2000, setting forth the following reasons and facts relied upon
to justify a continuance:
1. Plaintiffs filed their Complaint on July 5, 2000 and service was accepted on July
11, 2000.
2. Defendant's Answer was filed on August 9, 2000 which contained New Matter and
a Notice to Plead.
3. Plaintiffs' Reply to New Matter was received on August 22, 2000.
4. Based on the pleadings, Defendant needs a sufficient amount of time to conduct
discovery.
5. Defendant served Plaintiffs with written Interrogatories and a Request for
Production of Documents on September 6, 2000, a mere nine (9) business days from the close
of pleadings.
6. Responses to these discovery requests would not be due until the date set for trial.
7. Counsel for Defendant will also be unavailable on October 6, 2000.
8. Defendant's counsel was selected on September 1, 2000 to represent the Middle
States Tennis Association in a professional tennis tournament in Jackson, Mississippi which runs
from October 4-8, 2000.
9. Counsel for Plaintiff has not had an opportunity to consult with his clients
regarding the requested continuance as of the time of filing said petition.
10. This is the first request for a continuance.
WHEREFORE, Defendant, Westhafer Construction, Inc., respectfully requests that this
Honorable Court grant a continuance of this action.
Respectfully submitted,
LAW OFFICES OF CRAIG A. DIEHL
Dated: S,ette der 60 2oeo
By:
Craig Diehl, Esquire
Attorney 1D No. 52801
3464 Trindle Road
Camp Hill, PA 17011
(717) 763-7613
Attorney for Defendant
2
JOHN T. LEWIS and
CLAUDIA R. GIRRBACH,
Plaintiffs
V.
: IN THE COURT OF COMMON PLEAS
:CUMBERLAND COUNTY, PENNSYLVANIA
NO. 00-4794 CIVIL TERM
WESTIIAFER CONSTRUCTION,
INC., : CIVIL ACTION - LAW
Defendant
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on the date hereof, a copy of the foregoing
PETITION FOR CONTINUANCE was served by way of United States mail, first class, postage
prepaid, addressed as follows:
Theodore A. Adler, Esquire
REAGER, ADLER & COGNETTI, P.C.
2331 Market Street
Camp Hill, PA 17011-4642
LAW OFFICES OF CRAIG A. DIEHL
Dated: September -2-, 2000
By: J
liclen asmussen, Legal Assistant
3464 Trindle Road
Camp Hill, PA 17011
(717) 763.7613
1W
WESTHAFER CONSTRUCTION,
INC.,
Plaintiff
V.
JOHN T. LEWIS and
CLAUDIA R. GIRRBACK,
Defendants
IN RE
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNOYLVANIA
A40
CIVIL ACTION - LAW
NO. 99-6416 CIVIL TERM
TRIAL CONFERENCE
A pretrial conference was held on Monday, June 26,
2000, before the Honorable Edward E. Guido, Judge. Present
for the Plaintiff was Craig A. Diehl, Esquire, and present
for the Defendants was Theodore A. Adler, Esquire.
The parties have indicated that this trial will
take at least one and one half days. Therefore, we are
continuing the matter from August 21, 2000, at 10:15 a.m. to
October 6, 2000, at 9:30 a.m. We are also allowing the
morning of October 9, 2000, to complete testimony in this
matter.
This action is a Mechanic's Lien action to which
the Defendants have interposed a defense. The parties have
agreed that Defendants will file their Breach of Contract
action within ten business days of today's date. The
parties will then take steps to consolidate these matters
for trial, if possible. In the alternative, the parties
will attempt to make arrangements for escrow or bonding to
make the Mechanic's Lien procedure moot. In any event, it
is the intention of the parties and the court to try all
claims at one time. The parties are to keep the Court
apprised of their progress in that regard.
All exhibits shall be marked prior to trial and
shared with the other party two weeks prior to trial. Any
objections to the admissibility of any exhibits shall be set
forth in a motion in limine as hereinafter set forth.
Any motions in limine, with supporting authority,
shall be filed by close of business on Tuesday, October 3,
2000. Any responses thereto, with supporting authority,
shall be filed at the commencement of trial.
By the Cou
Edward E. Guido, J.
Craig A. Diehl, Esquire
For the Plaintiff
Theodore A. Adler, Esquire
For the Defendant
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READER, ADLER & COONETTI, P.C.
ATTORNEYS AT LAW
3331 MARKET STREET
CAMP HILL, PA 17011.4643
17171763.1383
WESTIIAFER CONSTRUCTION, INC., : IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V. : NO.99-64118111LD TERM
JOHN T. LEWIS and
CLAUDIA R. GIRRBACK,
CIVIL ACTION - LAW
Defendants
To: Westhafer Construction, Inc.
c/o its attorney, Craig A. Diehl, Esquire
YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE
ENCLOSED NEW MATTER AND COUNTERCLAIM WITHIN TWENTY (20)
DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED
AGAINST YOU.
Respectfully submitted,
Date: March 10, 2000
REAGER, ABLER & COGNEITI, P.C.
Theodore A. Adler, Esquire
Attorney I.D. No. 16267
2331 Market Street
Camp Hill, PA 17011-4642
(717) 763-1383
Attorneys for Defendants
WESTHAFER CONSTRUCTION, INC.,
Plaintiff
V.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99.6418 MLD TERM
JOHN T. LEWIS and
CLAUDIA R. GIRRBACK,
Defendants
CIVIL ACTION - LAW
ANSWER OF DEFENDANTS JOAN T. LEWIS
AND CLAUDIA R. G RRRACK WITH NEW MATTER
AND COUNTERCLAIM IN THE NATURE OF A SET-OFF
1. Admitted upon information and belief.
2. Admitted.
3. Admitted.
4. Denied. Plaintiff did not enter into an oral contract with the Defendants. To the
contrary, a handwritten agreement dated April 22, 1999, was prepared by Plaintiff for the Defendants'
review. The handwritten agreement was subsequently retyped and signed by Defendants. A signed
copy was never returned to the Defendants.
5. Denied. Defendants incorporate herein by reference their answer to paragraph 4 of the
Complaint. In further respotue, it is denied that the contract entered into by the parties provided that
the costs of materials and labor plus 5`Ic. To the contrary, the contract was for a fixed price of
$202,074.58. A schedule of values setting forth the specific price for each portion of the work was
subsequently prepared by the Plaintiff.
6. Admitted in part; denied in part. It is admitted that the parties met in April 1999 and
that a written document from Plaintiff contained a fixed price of $202,074.58. As to the remaining
averments, they are denied because they seek to characterize the contents of a written document, i.e.
the written bid, which speaks for itself. In further response, it is denied that a "summary" identified
as Exhibit D to Exhibit I is attached to the Complaint.
7. Admitted in part; denied in pan. It is admitted that labor was performed and materials
furnished by Plaintiff. It is denied that they were provided pursuant to an oral contract.
8. Admitted.
9. Denied. Plaintiff last performed work in late July 1999.
10. Denied as a legal conclusion. In further response, it is denied that any money is due
Plaintiff. Defendants incorporate herein by reference the averments of their New Matter and
Counterclaim.
11. Denied. Plaintiff abandoned the project in late July 1999. Subsequent to tint date
Plaintiff sent a cost breakdown dated August 24, 1999, billing Defendants $62,330.42, and one dated
August 26, 1999, billing Defendants $7,194.16. Payment was not made because the percentages of
2
work shown as being completed were false and because Plaintiff had abandoned the project. There is
no money due Plaintiff.
12. Admitted in part; denied in part. It is admitted that more than 20 days have passed
since Plaintiff's last correspondence with Defendants. It is denied that any money is due Plaintiff. In
further response, Defendants incorporate herein the averments of paragraph 1 I of their Answer and
die averments contained in their New Matter and Counterclaim.
13. Denied as a legal conclusion. Plaintiff abandoned the contract before any payment was
due and owing.
14. Admitted.
15. Denied. The Contractor and Subcontractor Payment Act speaks for itself. The
characterizations of the Act are denied as a legal conclusion.
16. Denied as a legal conclusion.
17. Denied as a legal conclusion.
18. Admitted.
WHEREFORE, Defendants respectfully request that this Honorable court enter an Order
dismissing Plaintiff's Complaint and entering judgment for the Defendants.
yw
M
R.
NEW MATTER
19. The parties entered into a written contract on or about April 22, 1999. A copy of die
handwritten proposal prepared by Plaintiff's estimator Ed Barnes is attached hereto as Exhibit A.
20. On May 24, 1999, Plaintiff submitted a schedule of completion to Defendants which
was agreed to by the parties. A copy of the schedule is attached hereto as Exhibit B. In accordance
with the approved schedule, project completion was to occur no later than August 13, 1999.
21. Plaintiff's first invoice for work performed on the project was received by Defendants
on July 25, 1999. The amount of the invoice was $95,180.80.
22. The contract provided for payment within 30 days, with 10% retainage held by the
owner.
23. On August 24, 1999, Defendants paid Plaintiff $85,662,70, reflecting 90% of the July
23, 1999 invoice.
24. Plaintiff last perforated work on the project during the last week of July 1999.
25. The invoices oft which Plaintiff bases its claim are dated August 24, 1999 and August
26, 1999.
26. The percentages of work shown on the August 24, 1999 invoice do not reflect die actual
progress of the project.
4
that:
27
28.
With respect to the invoice dated August 26, 1999, the amounts claimed are false in
(a) no work on the project was performed between August 24 and 26, 1999;
(b) the work claimed to be 100% complete was not;
(c) "extra concrete costs" were never authorized;
(d) retainage was to be released at the conclusion of the project; and
(e) "OH&P 5% of Scheduled Value includes Supervision Wages" is meaningless
and not authorized by contract.
Plaintiff has breached the contract with Defendants by:
(a) failing to complete the project in accordance with the approved schedule;
(b) invoicing Defendants for the following items of work that were either not
completed, not supplied or defective:
(1) demolition;
(2) electrical work;
(3) cleaning and grubbing;
(4) framing;
(5) windows and sliders;
(6) skylights;
(7) heating and air conditioning;
(8) roof;
(9) insulation;
(10) gas piping;
0 1) shectrock;
(12) painting;
(13) siding, gutters and nashings;
(14) grading and seeding;
(15) paving of driveway;
(16) floor finishes including tile and carpet;
(17) interior and exterior doors:
(18) kitchen cabinets;
5
(19) kitchen countertops and appliances; and
(20) base boards, window wood door trim and other related finishing work.
(c) abandoning the project.
29. Plaintiff may be estoppel from asserting all or a portion of the claims contained in the
Complaint.
30. Defendants have paid to Plaintiff all sums to which it is due.
31. The aforementioned actions of the Plaintiff constitute a material failure of performance.
32. Despite requests by Defendants, Plaintiff never cured its various breaches of contract.
33. Plaintiff's complaint fails to state a cause of action.
34. Plaintiff incorporates herein by reference the averments of paragraph one (1) through
thirty-three (33) of this Answer and New Matter.
35. As a result of the aforementioned breaches of contract by Plaintiff, Defendants were
unable to occupy the project in accordance with the approved schedule.
36. As a result of the aforementioned breaches of contract by Plaintiff, Defendants have
incurred and will incur costs in excess of 5100,000 to complete or repair the aforementioned defective
or incomplete work.
6
37. Defendants are entitled to damages in an amount in excess of $66,966.28, the amount
of Plaintiff's claim.
WHEREFORE, Defendants request this Honorable Court to enter judgment in their favor and
against Plaintiff in an amount in excess of $66,966.28 as a set-off against Plaintiff's claim and any
other costs sought by Plaintiff pursuant to §1701(e) of the Mechanics' Lien Law.
Date: March 10, 2000
Respectfully submitted,
REAGER, A %II-R & GNETTI, P.C.
ZI ra._?
Tlheoddre A. Adler, Esquire
Attorney I.D. No. 16267
2331 Market Street
Camp Hill, PA 170114642
(717) 763-1383
Attorneys for Defendants
7
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EXHIBIT "B"
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05/24/1999 11:15 7176976307
ffiE-r wl "ntANr, .
PAGE 02
Schedule of John Lewls House Renovations
24 - " 23
• Pnm• 1` floor walls ?
• Dig gunge, addition, remove atrium slab r
• Cut basement Boor fbr plumbing W k Y r
• Prep fearer for garage & addition
• Lapeer footers
• pour footers
• Rough plumbing in concrete Boor in basement
• Inspect plumbing
• Pour plumbing trenches in baumemt
• Con't to remove exterior brick veneer
June I.-Joao 4
• Con't I a Boor flaming 00• Complete removal of exterior brick-veneer
emovd of eriaring a riam roof
f block ?g% addition & steps
11
=Laemn*fblock@pmj^ uing atrium roof
• Boor flaming
m basemem wxtlIs
f block ® garage additi om dt steps
• Stan to Berme exterior walla
• . Plumbing on 1' Boor
• (Early) complete block ® garage, addition and steps
Jane 14-Jane 1g
• Complete exterior wall framing
• Complete block ®gtrop, addition R steps
• Emiy out to Grams garage and addition
• Insulate exterior walls
• Sheet exterior walls
• Latall lose bibs on exterior walls
• Stan rsdiam heat
• Complete radlam ham
• Stan dect. I• floor
• Stan HVAC 1` floor
• Pour garage, atrium & addition floor
• Complete elect 1' floor
• Complete HVAC I' floor
• Lapeetlondelea
• Complete basement framing
Il,l W tw G-VT*
M..AY. 24 ' 99 (.V. 0\) :.::6 COND4t:N1CA7.:OV \o::l PAGE. 2
05/24/1999 11:15 7176976307
June 21-JR" 25
• Complete garage dt addition Awning
• Elect. In gangs, addition
• Frame atrium end now entrance
• Install windows & doors
• topAsse 1' door interior wells and garage
• Install shingles on new garage
• Remove shingles 8om erdsting house
• Elect. In basement wails
• Plumbing in basement walls
• Imtall new garage door & windows in garage
June 28 - July 2
• Complete atrium tit new entrance way
• Start siding tit wl4t
• Start shingles on main roof workshop
• Frame work shop
• Hang drywall In new gsntge tit workshop
• Insulate basement walls tit ceilings
• . Host out chimney as per plan
July S- July 9
• Hang drywall In I' Boor
• Start to hang besement drywall
• Elect. In atrium
• Install skylight & windows in atrium
• Inwii new enuvice door
• Start to finish drywall in garaged workshop
• Insulate Atrium
• Compkto shingles on main roo(woduhop d: addition
• Complete siding tit soffit
July 12-July 16
• Start to finish 10 door drywall
• Compete hanging of buemem drywall
• Complats finish in garage k workshop
• Complete "Sias an atrium
• Trim cut garage k workshop
• Paint gunge, workshop walls
PAGE 03
VAY. 24 ' 99 MON) t.::6 CCY-MUVICA-,:o%' 5.:11 PACE. 3
05/24/1999 11:15
7176976307
July 19-J* 23
• Sun to Usti basemen drywell
• Complete drywall finish on 1" door
• Sun to finish atrium drywall
• Sun to trim to door
• Start to prime 1" door wells
• Complete trim to door
• Iasulaeceitiaga
July 26-July 30
• Stan to install owsmic floorings
• Complete Iadoorpelrrting
• Complete drywall finish in basement.
• Stan to trim out buemeut
• Complete basement dm
• Install VCT tits in laundry room
Augua 2-August S
• Continue to boo owsodc8oodng
• Install blebea cabinau fit www tops
• Install bah room tnblaas R counts tops
• install bathroom fixtures
• Install e{ertriul trim
• Stut to landscape disturbed areas
August 9 • August 13
• Completion of all cmatio flooring
• Complete basemen pdntiog
• Imtall carpet is basement
• Install tawdry roan limm Jt cabineu
• install had railings ®atepa Wimium
• completion ofjob
Y. V. 24 - 99 WOV) 11: 17
COMMU:iCAT:O\ x.::1 PAGE. 4
PAGE 04
. ,.
YERIEWATION
1, JOHN T. LEWIS hereby verify that the averments of the foregoing pleading are true
and correct to my personal knowledge, information and bellef. I understand that false
statements herein are made subject to the penalties of 18 1'a.C.S, §4904, relating to unsworn
falsification to authorities.
Date: 3 Iq 100
JOIIN T. LEMS
t
`. • - k.
AND NOW, this L day of March, 2000, 1 hereby verify that I have caused a true and
correct copy of the DEFENDANTS' ANSWER WITH NEW MATTER AND COUNTERCLAIM IN
THE NATURE OF A SET-OFF to be placed in die U.S. mail, first class, postage prepaid and
addressed as follows:
Craig A. Diehl. Esquire
3464 Trindle Road
Camp Hill, PA 17011
Theodore A. Adler, Esquire
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3
WESTNAFER CONSTRUCTION,
INC.,
Plaintiff
V.
JOHN T. LEWIS and
CLAUDIA R. GIRRBACK,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CASE NOc 99-6418 MLD TERM
CIVIL ACTION - LAW
NOTICE
You have been sued in court. If you wish to defend against
the claims set forth in the following pages, you must take action
within twenty (20) days after this Complaint and Notice are served,
by entering a written appearance personally or by attorney and
filing in writing with the court your defense 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 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.
LAWYER REFERRAL SERVICE
OF THE CUMBERLAND COUNTY BAR ASSOCIATION.
2 LIBERTY AVE.
CARLISLE, PA 17013
(717) 249-3166
r
i?
WESTHAFER CONSTRUCTION, s IN THE COURT OF COMMON PLEAS OF
INC., s CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff :
V. s CASE NO: 99-6418 MLD TERM
JOHN T. LEWIS and s
CLAUDIA R. GIRRBACR, s
Defendants CIVIL ACTION - LAW
KN]!?$
Le han demandado a usted en la Corte. Si usted quiere
defenderse de estas demandas expuestas en las paginas siquinetes,
usted tiene viente (2) dial de plazo al partir de la fecha de Is
demanda y la notificacion. Usted debe presentar una apariencia
escrita o an persona o por abogado y archivar an la Corte en forma
escrita sus defenses o sus objectiones a las demandas en contra de
su persona. Sea avisado qua si usted no se defiende, la Corte
tomara medidas y puede entrar una orden contra usted sin privio
aviso o notificacion y por cualquier queja o alivio que es pedido
en la petition de demanda. Usted puede perder dinero a sus
propiedades o otros derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE
ABOGADO 0 SI TO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO,
VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION BE
ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE BE PUEDE CONSEGUIR
ASISTENCIA LEGAL.
LAWYER REFERRAL SERVICE
OF THE CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVE.
CARLISLE, PA 17013
(717) 249-3166
WESTHAFER CONSTRUCTION,
INC.,
Plaintiff
V.
JOHN T. LEWIS and
CLAUDIA R. GIRRBACR,
Defendants
s IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
s
s
s CASE NO: 99-6418 MLD TERM
s
s
: CIVIL ACTION - LAW
AND NOW comes Plaintiff, Westhafer Construction, Inc., by and
through its attorney, Law Offices of Craig A. Diehl, and files this
Complaint, pursuant to 49 Pa.C.S. § 1101 et seq., Mechanic's Lien
Law of 1963 as amended, against all that certain real property
known as 301 Harmony Lane, Camp Hill, Cumberland County,
Pennsylvania, containing an existing residence, for certain
material furnished and labor performed and makes the following
statement of its demand:
1. Plaintiff, Westhafer Construction, Inc. is a Pennsylvania
corporation with its principal place of business at 120 West Allen
Street, Mechanicsburg, Cumberland County, Pennsylvania (hereinafter
referred to as "Plaintiff").
2. Defendants, John T. Lewis and Claudia R. Girrback,
(hereinafter referred to as "Defendant Owners") are adult
individuals, husband and wife, with a mailing address of P.O. Box
1277, Camp Hill, Cumberland County, Pennsylvania, 17011.
3. At all pertinent times herein, Defendant Owners are and
were the record owners of the property located at 301 Harmony Lane,
1 0.
1 1.
Camp Hill, Cumberland County, Pennsylvania (herein after referred
to as the "Subject Property").
4. In April, 1999, Plaintiff entered into an oral contract
with Defendant Owners, whereby Plaintiff was to complete
significant alterations and repairs to the residence of Defendant
Owners.
5. Said oral contract was established between the parties in
April, 1999, when Defendant Owners agreed to pay Plaintiff the
costs of the materials and labor involved in the renovations equal
to the actual invoices received by Plaintiff for same plus five
percent (5t). Copies of said invoices have been provided to
Defendant Owners. (A summary of the invoices is attached as
Exhibit "A" to Plaintiff's Mechanic's Lien Claim by Contractor,
attached to this Complaint as Exhibit 11111, and same is incorporated
herein as if fully set forth.)
6. The oral contract between Plaintiff and Defendant Owners
was based upon a meeting between the parties held on April 17,
1999, as well as a written bid provided to Defendant Owners by
Plaintiff by facsimile on April 22, 1999, wherein Plaintiff listed
the scope and allowances of work (including the kind and character
of the labor and materials furnished pursuant to said contract)
with its bid of Two Hundred and Two Thousand Seventy-four and
58/100 Dollars ($202,074.58). (A true and correct copy of the
summary of same is attached as Exhibit "B", to Exhibit "111,
attached hereto and is incorporated herein by reference.)
1 ?
• I I P
7. Pursuant to the oral contract between the parties, the
labor was performed and materials were furnished with the knowledge
and consent, and at the request of Defendant Owners of Subject
Property.
8. The delivery of the materials and the furnishing of said
labor pursuant to the oral contract was commenced by Plaintiff in
April, 1999.
9. Plaintiff last performed work on the Subject Property on
or about August 16, 1999.
10. The SUM of Sixty-Six Thousand Nine Hundred Sixty-Six and
28/100 Dollars ($66,966.28) is the present balance due on the
contract for the materials and labors furnished for the alterations
and repairs to Defendant Owners' residence from April, 1999 through
August 16, 1999 after a partial payment made by Defendant Owners on
or about August 24, 1999, and same is claimed from August 16, 1999.
11. Plaintiff has made requests of Defendant owners for the
payment of the current balance on the contract for materials and
labor furnished through August 16, 1999, however, Defendant owners
'st
have refused to comply with Plaintiff's requests for payment of the
balance due. Defendant Owners have willfully and unjustly withheld
certain sums due and owing to Plaintiff for materials furnished,
labor performed, and a sum for retainage. ;
12. More than twenty (20) days have passed since Plaintiff
has demanded payment on its prior invoice and delivery of same and
payment has remained due and owing by Defendant Owners to Plaintiff ti
for a number of months.
13. Defendant Owners' breach of the oral contract by their
refusal to pay the outstanding sums due under the terms of said
contract, has prevented Plaintiff from fully performing the
contract between the parties.
14. Within one hundred (100) days after completion of
Plaintiff's performance of the subject contract, Plaintiff filed of
record in the office of the Prothonotary of the Court of Common
Pleas of Cumberland County, Pennsylvania, Commonwealth of
Pennsylvania, a Mechanic's Lien Claim by Contractor on the Subject
Property, specifically described as 301 Harmony Lane, Camp Hill,
Cumberland County, Pennsylvania, 17011. Said Claim was filed by
Plaintiff on October 21, 1999, and same appears of Record in the
Court of Common Pleas of Cumberland County, No. 99-6418 MLD Term.
(A true and correct copy of Plaintiff's Mechanic's Lien Claim by
Contractor is attached hereto as Exhibit "1" and is incorporated
herein as if fully set forth.)
15. The Pennsylvania Contractor and Sub-Contractor Payment
Act, 73 P.S. 5 (501) et seq., permits Plaintiff to recover interest
at a rate of one percent (it) per month on the balance that is at
the time due and owing as well as a penalty for failure to comply
with the Act equal to one percent (it) per month of the amount that
was wrongfully withheld if same is applicable, as well as
reasonable attorney's fees and expenses if Plaintiff prevails in
this proceeding.
16. Defendant Owners' conduct justifies an award to Plaintiff
of penalties, attorney's fees, and costs of this action.
17. Notice of Plaintiff's Mechanic's Lien Claim by Contractor
against the Subject Property was served upon said Defendant Owners
in accordance with the Mechanic's Lien Act, 49 P.S. 5 1502.
18. Copies of said Notices of Mechanic's Lien Claim by
Contractor with Exhibits, are attached hereto, marked collectively
Exhibit 11211 and are incorporated herein by reference.
WHEREFORE, Plaintiff, Westhafer Construction, Inc.,
respectfully requests that this Court grant the following:
a. Judgment against Defendant Owners for the sum of Sixty-
Six Thousand Nine Hundred Sixty-Six and 28/100 Dollars
($66,966.28);
b. For interest pursuant to 73 P.S. S 505(d);
C. For attorney's fees, costs, and expenses pursuant to
73 P.S. 5 512(b); and
d. For such other relief as may be just and equitable.
Respectfully submitted,
LAW OFFICES OF CRAIG A. DIEHL
DATE: 4/p0
By:
Craig/A. Diehl, Esquire
Atty. ID No. 52801
3464 Trindle Road
Camp Hill, PA 17011
(717) 763-7613
Attorney for Plaintiff
• • • I I
WESTHAFER CONSTRUCTION,
INC.,
Plaintiff
V.
JOHN T. LEWIS and
CLAUDIA R. OIRRBACR,
Defendants
t IN THE COURT OF COMMON PLEAS OF
s CUMBERLAND COUNTY, PENNSYLVANIA
s
s
s
s CASE NOs 99-6418 MLD TERM
s
s CIVIL ACTION - LAW
I, the undersigned, hereby verify that the statements made in
the foregoing document are true and correct to the best of my
knowledge, information and belief. I understand that the
statements herein are made subject to the penalties of 18 Pa.C.S.
5 4904, relating to unsworn falsification to authorities.
WESTHAFER CONSTRUCTION, INC.
Date: era By; L? TV-'f &.1%J
STEVE WESTHAFER, P esident
9
IN RE:
WESTHAFER CONSTRUCTION,
INC.,
Claimant
Vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CASE NO. 94• LVa AlAjg-Z ?
JOHN T. LEWIS and
CLAUDIA R. GIRRBACK,
Owners CIVIL - MECHANICS LIEN n
s W it
fom
MECHANIC'S LIEN CLAIM BY CONTRACTOR C ro
AND NOW comes Claimant, Westhafer Construction, It b2, bV a'
through its attorney, Law Offices of Craig A. Diehl, and f-tle!Pthi?s
Mechanic's Lien Claim By Contractor pursuant to 49 Pa.C.S. Section
1101, et seq., the Mechanic's Lien Law of 1963, as amended, against
all that certain real property known as 301 Harmony Lane, Camp
Hill, Cumberland County, Pennsylvania containing an existing
residence for certain materials furnished and labor performed, and
makes the following statement of its demand:
1. Claimant is Westhafer Construction, Inc., which has its
principal place of business located at 120 West Allen Street,
Mechanicsburg, Cumberland County, Pennsylvania (hereinafter
referred to as "Claimant"). Claimant files this claim as a
contractor.
2. The names of the owners of said property at the time of
the furnishing of said material and labor and the attaching of the
lien therefor are John T. Lewis and Claudia R. Girrback, husband
and wife (hereinafter referred to as "Owner"). Their present
I
1
.
mailing address is P.O.-Box 1277, Camp Hill, Cumberland County,
Pennsylvania 17011.
3. Claimant files this claim for the sum of Sixty-six
Thousand Nine Hundred Sixty-Six and 28/100 ($66,966.28) Dollars,
together with lawful interest thereon from August 16, 1999, and
costs against John T. Lewis and Claudia R. Girrback, owners, and
against all that certain real property known as 301 Harmony Lane,
Camp Hill, Cumberland County, Pennsylvania.
4. Claimant last performed work on the subject property on
or about August 16, 1999.
5. Claimant entered into an oral contract with Owner to
complete significant alterations and repairs to the residence of
Owner located at 301 Harmony Lane, Camp Hill, Cumberland County,
Pennsylvania.
6. An oral contract was established between the parties in
April, 1999, when Owner agreed to pay Claimant the cost of the
materials and labor involved in the renovations equal to the actual
invoices received by Claimant for same plus five percent (54).
Copies of said invoices have been provided to Owner. (A summary of
the invoices is attached hereto as Exhibit "A", and is incorporated '
herein.)
7. The oral contract between Claimant and owner was based
upon a meeting between the parties held on April 17, 1999, as well
as a written bid provided to owner by Claimant by facsimile on
April 22, 1999, wherein Claimant listed the scope and allowances of
2
work (including the kind' and character of the labor and material
furnished pursuant to said contract) with its bid of $202,074.58.
(A true and correct copy of a summary of same is attached hereto as
Exhibit "B", and is incorporated herein by reference.)
8. The labor was performed and materials were furnished with
the knowledge and consent, and at the request of Owner of the
subject real property.
9. The claim for which Claimant intends to file the lien is
for the sum of Sixty-Six Thousand Nine Hundred Sixty-Six and 28/100
($66,966.28) Dollars, together with lawful interest thereon from
August 16, 1999, remaining due to Claimant for the kind and
character of the material and labor as described in Exhibit "B"
attached hereto and which is incorporated herein, as well as the
correspondences sent to Owner on August 24, 1999, and August 26,
1999, true and correct copies of same being attached hereto as
Exhibit "C" and same are incorporated herein as if fully set forth.
10. The materials and labor were furnished in the performance
of alterations and repairs of Owner's residence located at 301
Harmony Lane, Camp Hill, Cumberland County, Pennsylvania, by
Claimant according to a certain oral contract between Claimant as
a contractor and Owner, in or about April, 1999.
11. The delivery of the materials and the furnishing of said
labor was commenced by Claimant in or about April, 1999, and the
sum of Sixty Six Thousand Nine Hundred Sixty-Six and 28/100
($66,966.28) Dollars is the present balance due on the contract as
3
agreed upon by Owner and Claimant for the materials and labor
furnished for the alterations and repairs to Owner's residence from
April, 1999 through August 16, 1999, inclusive, in accordance with
the terms of said contract. The lien is against the fee now due
and owing after a partial payment made by owner on or about August
24, 1999, and same is claimed from August 16, 1999.
12. Only after Claimant's repeated requests for payment which
included copies of the actual invoices received by Claimant for the
materials and labor, owner made only one partial payment to
Claimant on the contract.
13. Claimant has made requests of Owner for the payment of
the current balance on the contract for the sum of Sixty-Six
Thousand Nine Hundred Sixty-Six and 28/100 ($66,966.28) Dollars
which is to be paid to Claimant by Owner under the terms of said
contract for materials and labor furnished through August 16, 1999.
Owner has refused to comply with Claimant's request for payment of
the balance due and has willfully and unjustly withheld certain
sums due and owing to Claimant for materials furnished, labor
performed, and a sum for retainage.
14. Owner's breach of the contract by Owner's conduct in
refusing to pay the outstanding sums due under the terms of the
contract, has prevented Claimant from fully performing the contract
between the parties.
4
WHEREFORE, Claimant, Westhafer Construction;-Inc., claims to
have a lien upon the said residential property located at 301
Harmony Lane, Camp Hill, Cumberland County Pennsylvania for the
amount of the claim equal to the balance now due and owing to
Claimant, said sum being Sixty-Six Thousand Nine Hundred Sixty-Six
and 28/100 ($66,966.28) Dollars, together with lawful interest from
August 16, 1999, and costs.
Respectfully submitted,
LAW OFFICES OF CRAIG A. DIEHL
By: ?. .,y
Crai A. Diehl, Esquire
Attorney I.D. No. 52801
3464 Trindle Road
Camp Hill, PA 17011
(717) 763-7613
Attorney for Claimant,
Westhafer Construction, Inc.
5
i?o'-
IN RE:
WESTHAFER CONSTRUCTION,
INC.,
Claimant
va.
JOHN T. LEWIS and
CLAUDIA R. OIRRBACR,
Owners
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
s
CABE NU.
:
CIVIL - MECHANICS LIEN
I, STEVE WESTHAFER, President of WESTHAFER CONSTRUCTION, INC.,
hereby verify that the statements made in the foregoing document
are true and correct to the best of my knowledge, information and
belief, and further acknowledge that I am authorized to do so on
behalf of Westhafer Construction, Inc. I understand that the
statements herein are made subject to the penalties of 18 Pa.C.S.
S 4904, relating to unsworn falsification to authorities.
WESTHAFER CONSTRUCTION, INC.
Date:Q% q?
t
SUMMARY OF INVOICES FOR CONTRACT
(FIRST BILLING
PROVIDER DATE INVOICE # TOTAL DUE
N.N N111e+en 01/15/49 011SS9-0 S 1.111 .:5
N N. NII 1•nan 0)/19/91 011559.1 S 4S4 SO
Al. id. C - ] Center 01/11/4) III CS465 1 4.111 .:1
Alside Sc pl Center 01/11/49 ill 04644 S 1).420. 67
Ettrl Lwt.r 05!01/48 448124 S I. 111. 67
hartnn'e Tire Service 031I1/S9 3)1 90 fcol s 4.%Co. co
Flesh Eleetllc eS113/f9 N/A S 1. SC0. CO
Flash Flectrle OS/:1/90 N/A S 4,544. 00
BUCOn Lend Sutveylna t4127/$t 1111 f 4)0. 0 C
Ilsrcn Land furve Sr. 01/11159 1440 S SC. CO
Applied P.dlent Tech. 04/01/%9 N/A S 1S.0II. Co
ASSOC. rrcdvels Secs. Cl/04199 1.114{ f 110. 00
ASSOC. ir0duct9 Svcs. CS111/59 44C4S S 41. 15
1 6 G Fasteners, inc. CS/1C/09 N/A f 11). 51
The Mme C. Pot 01/11/01 N/A S 19. 45
A le Fasteneu, 1ne. OT/C4/09 07C14) f 4). 16
The rl Lunter CI/11/09 451111 S 1.54). 48
Ebert Luoter 06/31/90 46:016 S 47. 70
EberlLuvaer 01133/95 45:190 f 444. 51
Eberl LuCter [4/i1/S9 4S1C11 f 3.SO9. 41
Eberl Lumber 01/07/1% 4S13C3 f 71). 4)
Eberly Lumber cf/03/90 4SC091 S 240. 14
Eberly Lumber 06/01/!9 450415 f I4S. )4
Eberly LunDer 04101/09 4SO551 f 192. 11
Eberly Lumber C4/31/95 Mats f 11. 71
Ebert Lumber 01/24/90 451141 1 144 It
[ter) Lc mL.r 05/16/99 4SOIf1 f 11. 14
[b etl L, -ar OS1»/99 4SOOS3 / 51. 17
Eberly Lun.ter CS/35/4) 440967 f 144. 11
Ebert Lumber OS/3S/99 440995 f 14. 45
Eberly Luster CS/11/f% 448116 f 419. 51
Eberly Lumber OS/O7/4) 446711 f 114 I%
Eberly Lumbar OS1I3109 448701 S 3. 41
Ebert Lumber CS/:114) 441463 f S2. 54
[ter) Lumber CS1:!/6% 649091 S 117. 11
Ebert LueAer OS/07/90 449141 1 141. 16
Ebert L,"er CS/76/40 450117 S 6). 71
Eberly Lumber OS/17/91 450331 S 44 10
Eberly Lumber OS/31/11 4S0117 / 11 44
FIRST BILLING
TOTAtt 1 61.197.11
EXHIBIT "A"
SUMMARY OF INVOICES FOR CONTRACT
(SECOND BILLING)
PROVIDER DATE- INVOICE $- TOTAL DUE
Alelde Su 1 Center 07122/59 1771014 t 1 1,2'5 .51
Alelde Supply Center 07/10/99 1111CC41 f 613 .$t
AlAld• Supply Cent4t 01/27/09, 17110417 / 55 .1'
A111de Supply Center C7/21/09 17110212 1 254 .40
Alolde to 1 Center 01/17199 17112:1 f 111 .17
Alelde Su 1 Center t1/CS/t1 17111271 i 121 .)1
AL1de Su 1 center C1/20/59, 1111224 ! 11 .05
TEe MGme r, pot 07/24190 N/A ! 9 .72
¦ f C Fastener,. Inc. 07/%S/S9, 2152)0 1 121 .20
TEe Nome De of 01/06/69, N/A 1 11 ,55
Penn' fu 1 07/17/90 152697 f 113 .44
Penn• fu 1 C6/CS/99 IN16 ! 6 .29
Ebert Lumber 07129,/6 45144 i lf9 .0S
Eberly Lumber 07/27/6 64SC9 t W is
Ebert Lumber 07/27/6 456551 { 11 .46
Ebert Lumber 07/C9,/79, 46259 f 614 .11
Ebert Lumber 07101/6 95431 9 124 .75
Ebert Lumber 07/C9,/9,0 936911 f 216 .55
Ebert Lumber 07/12/6 6479 t 129 .6
Ebert Lumber 07112/50 454C6 1 77 .74
Ebert Lumber 07/17/6 45095 8 252 .27
Ebert Lumber o7/11/9,0 955119
Ebert Luber 07/74/90 4SS217 t 11 .56
Ebert Lumber 07/16/50 6549,1 ! )I .St
Ebert Luw.oer 01/16/77 45SS47 f 74 .12
Ebert Lumber 07/20/6 454477 { II1 .%7
Eberly Lumber 07/23/9,f 46051 f 1 .12
Ebert Lurler 02/20/51 46172 ! 115 .10
Ebert Lumber 071:9199 45606 t 41 .16
Ebert Lumber 07/22H9, 451017 ! )01. 14
Ebert Lumber 01/22159 46170 ! ). li
Ebert Lumber CI/O6/9,9 457115 f 173. 11
Ebert Lumber 01/11/6 455101 { 120. 09
Ebert Lumber 01/11/99 451267 f 249. 12
Ebert Lumber 01/04/11 4S75C4 f 75. 56
Ebert Lurt.Eer C5112/6 451101 / 4. 72
Ebert Luwber 00/11/S9, 45667 { 6. 56
t1ber7 Lu•oer aV14/6 4566 S 211. ))
Ebert Lcmter 01/17/6 469%0 ! 1. 14
Ebert Luwber 06/17/00 Mill ! 14. 02
S0ITOTALi 3 1.265 .0%
SUMMARY OF INVOICES FOR CONTRACT
(SECOND BILLING - CONTINUED
PROVIDER DATE. INVOICE #'- TOTAL DUE
Eter1 Lunter CI/11/1f 13$148 1 11{.40
Ihetl Lu TCer 01/i9/91 45$]19 1 11.91
Eterl Lw Ger CI111161 451116 / 4].10
DoVC0 SLrl . It-c. C1/I1/50 115065 s 10.19
I: o'.eo c'. 1 . Ire C//1:/99 1191:1 7 t8 49
e:vco 1. 1 . Inc. tl/101 if 315110 7 51.14
Associated irrsuela 01/)1: s9 404440 t 01.11
Flesh Electric CI/C11159 5151 I I.CSS 00
Flesh Electric C#!.-11$9 5:5S 1 1.915 CO
SOOTOTAL: S 1.111.56
S[COn IILLINO
TOTAL{ 1 11.101.03
SUMMARY OF INVOICES FOR CONTRACT
(THIRD BILLING)
PROVIDER DATE INVOICE # TOTAL DUE
mcCoreel Ncmes 01/14/09 N/A t 1.199 .CD
Penns Su 1 01/14/09 112161 t 5 .11
{earl to I 01/19/5] If:6111 8 111 .44
Penney Su 1 ct/CS/99 151111 S 49 .09
H.. pt btol .. Inc. C6/11/61 C16164S / 160 .42
Nee t brag. . Inc. 05/11/61 0111111 S 101 .01
Nom t grog. . Ino. Of/CS/ff C11S164 t 101 .11
mom pt arc i. . Inc. 01/IS/9t 01s4404 1 104 .10
Nee t IN IC•. , Inc. 01/C6/St 0291114 / 101 .11
Noe t prof. . In C. 01/01/99 O1615I4 / 100 .11
Her ,pt bros. . Inc. C6/0)/S9 0191140 t 545 .11
York Neste Disposal. Inc. D1/11/61 116000 S 446. )0
York Neste 071 call. Inc. 04/15/9f scoM I 1.105. 42
York Nest• Disposal. Inc. WIS//t 41195) I 11]. C1
York Neste CI, ca a I. Inc. OS/11/SS S01144 S 1.016. ]6
York Waste Disposal. Joe. C6/10449 51)611 I 15$. 50
ienni Su 1 C6/OS/s9 111190 / I.00/. :4
Penns Su 1 01111/99 ISK01 / 41. SI
Penns Su I C6/19/t9 ISMS f I1 t8
Poore Su 1 061I$/$9 159410 S N 51
Stah1'g Rental Conter C4/0/f9 511:4 S 44S 1D
Systems Dlstrlhctorg 081101$1 41111 t 59 t9
St'brOTAL, 8 11.546 31
SUMMARY OF INVOICES FOR CONTRACT
(THIRD BILLING - CONTINUED)
PROVIDER DATE- .-INVOICE H- TOTAL DUE
Sy stems Distra,utors 06/19/99 67162 5 195 .19
Sy stems Distributors 06/17/99 67121 5 976 .26
Sy stems Distributers 06/17/99 67127 59S .15
S ster.s Dtstrlbutors CB/10199 67020 $ 71021 .95
R. F. Fa er Co. 06/01/99 W 67S1 S9 156 .25
R. F. F+ er Co. C6/01/99 W 679900 71 .69
R. F. Fe er Co. 06/02/99 W 660056 5 11 .99
R. F. Fa er Co. 06/C6/99 W Met$ S 98. 91
R. F. Fa er Co. 06/07/99 W 661655 61. 16
R. F. Fa er Co. C61CS199 W 662762 $ 15. 26
R. F. Fa er Co. 06/21/99 W 667191 S 161. 71
R. F. F+ er Co. C6/21/99 W 667196 $ 26. 72
P. F. Fa er Co. 06/22/99 W 117909 51. 52
R. F. Fa er Co. 06/26/99 W 169011 - S 9. 01
R. F. F+ er Co. 06/25/99 W 119771 S $91. 19
R. F. Fa er Co. 06/25/99 W 619172 S 56. 59
R. F. Fa er Co. 06/21/99 W 690216 $ 67. 76
R. F. P+ er Co. 07/01/99 W 691917 S 26. 76
R. F. F+ er Co. 07/02/99 W 692929 S 12. 57
R. r. Fa er Co. 07/06/99 W 692970 S 56. 50
R. P. Fa er Co. 01/16/99 W 197119 S 77.10
R. F. F+ er Co. 01/19199 W $91161 S 51. 17
R. F. Faoer Co. 07/20/99 W 191671 S 76. 20
R. F. F+ er Co. 07/21/99 W 699702 1 221. 07
A. F. F+ er Co. 01/21/99 W 9020SO S 76. 16
R. r. Fs er Co. 07/29/99 W 902695 $ 72. 19
SUBTOTALt S 1,126. 77
THIRD BILLING
TOTAL, f 11,190.76
CONSTi[UCTION; INC.
17171 6976305 • rAX 1717) 697.6307
120 West Allen Street • Mechanicsburg, PA 17055
August 24, 1999
John T. Lewis
Claudia R. Girrback
PO Box 1277
Camp Hill, PA 17011
Re: Construction work at 301 Harmony Lane, Camp Hill, PA
Description of Work
Demo
Electrical as per proposal
Electrical extras per owner
Plumbing
Flooring Re-plywood
Trees
Garage:
Footer Excavation
Concrete Footers
Masonary
Slone Pad
Framing
Concrete Floor
Atrium:
Demo concrete &
Footer Excavation
Footer placement
Masonary
Slone Pad
Framing
Concrete Floor
Scheduled Value Previous Total % Total Due
Application Completed
$9,354.00 $9,354.00 100% $0.00
$6,566,00 $3,282.00 85% $2,299,10
055.00
$1 $0.00 100% $1,055.00
,
$8,993.00 $5,395.00 85% 52,249,05
$4,197.91 $4,197.91 100% $0.00
54,100.00 $0.00 100% $4,100.00
$1,600.00 $1,600.00 100% $0.00
$756.00 $756.00 100% $0.00
$480.00 $480.00 100% $0;00
$150.00 $150.00 100% $0.00
450.00
52 $1,960.00 100% $490.00. t`
,
$1,460.00 $0.00 100% $1,460.00
$1,000.00 $1,000.00 100% $0.00
$245.00 $245.00 100% $0.00
$480.00 $480.00 100% $0.00
$277.50 $0.00 100% $277.50
$3,600.00 $3,600.00 100% $0.00
$790.00 $0.00 100% $790.00
EXHIBIT "C"
Mr. John T. Lewis
Claudia R. Girrback
August 24, 1999
Page 2
Description of Work Scheduled Value From Previous Total % Total Duo
Application Completed
Windows & Sliders $13,429.67 $13,429.67 100% $ 0.00
Skylights S4,171.21 $4,171.21 100% $0.00
Additional Skylight and
window materials S2,765.29 $0.00 100% $2,765.29
Basement stairwell:
Masonary $500.00 $500.00 100% $0.00
Concrete pad $200.00 $200.00 100% $0.00
Excavation S400.00 $400.00 100% $0.00
HVAC as per proposal $7,500.00 $6,000.00 90% $750.00
HVAC additions per
owner $1,675.00 $0.00 100% $1,675.00
Family Room Addition $7,019.00 $5,264.25 100% $1,754.75
Radiant Heat as per
proposal $15,038.00 S14,288.00 100% $750.00
Radiant Heat Styrofoam $802.10 $0.00 100% $802.10
Framing Labor:
161 Floor S3,600.00 $3,600.00 100% $0.00
Relocate Ceiling
joists $2,160.00 $2,160.00 100% $0.00
Exterior wall build
out $2,160.00 $2,160.00 100% $0.00
Basement framing $2,400.00 $2,400.00 100% $0.00
Roofing:
Roofing Re-plywood $2,200.00 $0.00 100% $2,200.00
Roof Shingling $4,008.73 $0.00 100% $4,008.73
Insulation S6,536.00 $0.00 100% $6,536.60
Shop:
Framing Labor $864.00 $0.00 100% $864.00
Concrete Floor S1,150.00 $0.00 100% $1,150.00
Surveying Company $740.00 $0.00 100% $740.00
Materials Eberly Lumber $13,463.39 $7,766.36 100% $5,695.03
Mike Walaman CAD work $2,645.75 $0.00 100% $2,645.75
Nail Fasteners $409.92 $271.13 100% $137.92
John T. Lewis
Claudia R. Girrback
August 24, 1999
Page 3
French Drain Labor
French Drain Materials
Gas Piping Labor
Gas Piping Material
Septic Tank Pumping
Portable Toilet
$55.00 $0.00 100% $55.00
$89.22 $0.00 100% $89.22
$180.00 $0.00 100% $180.00
$81.82 50.00 100% $81.82
$119.00 $0.00 100% $119.00
$136.70 $68.35 100% $68.35
$143,883.17 $95,180.80 $45,618.17
Sub-Total: $45,618.17
Retainage Held from
1`t Payment
OH & P 5% of Scheduled Value
includes Supervison Wages
TOTAL DUE:
Please sign for acknowledgement and agreement for payment.
Authorized Representative
Westhafer Construction Co.
$9,518.09
$7,194.16
$62,330.42
John T. Lewis or Claudia R. Girrback
Resident of 301 Harmony Lane, Camp Hill, PA
CONSTRUCTION, INC.
17171 697.6305 • FAX 17171 697.6307
120 West Allen Street • Mechanicsburg, PA 17055
August 26, 1999
John T. Lewis
Claudia R. Girrback
PO Box 1277
Camp Hill, PA 17011
Re: Construction work at 301 Harmony Lane, Camp Hill, PA
Description of Work Scheduled Value Previous Total % Total Due
Application Completed
Basement
Framing of stairs $128.00 0.00 100% $128.00
Septic
Filling of Septic Tank
Stone $56.45 0.00 100% $56.45
Relocate sewer line
excavation $480.00 0.00 100% $480.00
Replace deteriorating plywo od
Wall sheeting $128.00 0.00 100% $128,00
Replace rotten face board $256.00 0.00 100% $256.00
Removal of block at
basement entrance way $768.00 0.00 100% $768.00
McCorkle Excavation $1,185.00 0.00 100% $1,185.00
Extra concrete costs $1,372.04 0.00 100% $1,372.00
Sub-Total $4,373.45
OH & P 5% of Scheduled Value $262.41
Invoice Sub-Total dated August 24, 1999 $45,618.17
Retainage held from 1" Payment $9,518.09
OH & P 5% of Scheduled Value
includes Supervision Wages $7,194.16
TOTAL DUE: $66,966.28
EXHIBIT "2"
IN RE;
WESTHAFER CONSTRUCTION,
INC.,
Claimant
va.
JOHN T. LEWIS and
CLAUDIA R. GIRRBACK,
Owners
. . . , .
s IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CASE NO. q') 1(6 M s_ b 'rtr reN
CIVIL - MECHANICS LIEN
NOTICE OF FILING OF MECHANIC'S LIEN CLAIM
To: John T. Lewis
301 Harmony Lane
Camp Hill, PA 17011
Take notice that a Mechanic's Lien Claim for the sum of Sixty-
Six Thousand Nine Hundred Sixty-Six and 28/100 ($66,966.28) Dollars
plus interest has been filed against you and all that certain real
property located at 301 Harmony Lane, Camp Hill, Cumberland County,
Pennsylvania containing a residence, for certain materials
furnished and labor performed in doing certain alterations,
renovations, and repairs in or about said residence. A true and
correct copy of the Mechanic's Lien Claim of Contractor is attached
hereto as Exhibit "A".
Said Mechanic's Lien Claim was filed on the ,A I" day of
October, 1999, and the same appears of record in the Court of
Common Pleas of Cumberland County, Docket Number'Tq -010 MI-0 Torn
WESTHAFER CONSTRUCTION, INC.
?- ea,?
Hy•
STEVE WESTHAFE , President
IN RE:
WESTHAFER CONSTRUCTION,
INC.,
Claimant
VS.
JOHN T. LEWIS and
CLAUDIA R. GIRRBACK,
Owners
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
:
CASE NO. MLID 'rt.r?h
CIVIL - MECHANICS LIEN
NOTICE OF FILING OF MECHANIC'S LIEN CLAIM
To: Claudia R. Girrback
301 Harmony Lane
Camp Hill, PA 17011
Take notice that a Mechanic's Lien Claim for the sum of Sixty-
Six Thousand Nine Hundred Sixty-Six and 28/100 (566,966.28) Dollars
plus interest has been filed against you and all that certain real
property located at 301 Harmony Lane, Camp Hill, Cumberland County,
Pennsylvania containing a residence, for certain materials
furnished and labor performed in doing certain alterations,
renovations, and repairs in or about said residence.
Said Mechanic's Lien claim was filed on the Al"" day of
October, 1999, and the same appears of record in the Court of
Common Pleas of Cumberland County, Docket Number 99 - 016 11'ML1) 17nn
A true and correct copy of the Mechanic's Lien Claim of Contractor
is attached hereto as Exhibit "A".
WESTHAFER CONSTRUCTION, INC.
STEVE WESTHAFER President
NT! 9 1 ?
;79111
JOHN T. LEWIS and : IN TIIE COURT OF COMMON PLEAS
CLAUDIA R. GIRRBACH, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
V. :NO. 00-4794 CIVIL TERM
WESTHAFER CONSTRUCTION, INC.,
Defendant
CIVIL ACTION - LAW
?r?rrrrrr+++?+r?r?+???r
WESTHAFER CONSTRUCTION, INC.,
Plaintiff
V.
JOHN T. LEWIS and
CLAUDIA R. GIRRBACH,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-6418 MLD TERM /
: CIVIL ACTION - LAW
Defendants
ORDER
AND NOW, this L day of November, 2000, upon consideration of the Motion
of John T. Lewis and Claudia R. Girrbach to compel answers to request for production of
documents propounded upon Westhafer Construction, Inc., it is hereby ORDERED that
Wcsthafcr Construction, Inc. shall serve upon Lewis and Girrbach's counsel documents
responsive to the request for production of documents within Z O days of the date of this
Order.
?Itomc s fees in rc ? • ? 'd
u>ntiof?!
WESTHAFER CONSTRUCTION, INC.,
Plaintiff
V.
JOHN T. LEWIS and
CLAUDIA R. GIRRBACK,
Defendants
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-6418 MLD TERM
CIVIL ACTION - LAW
QRDRR OF COURT
AND NOW, this ].?j'_ day of JUNE, 2000, a pretrial conference
in the above-captioned matter is SCHEDULED for Monday. Jun 6,
2000, at 10:00 a.m. in Cha h s of the undersigned judge,
Cumberland County Courthouse, Carlisle, Pennsylvania. Pretrial
memorandum shall be submitted by counsel in accordance with
C.C.R.P. 212-4, at least five (5) days prior to the pretrial
conference.
TRIAL in the matter will be held in Courtroom # 5 on Monday,
By the Cou
Edward E. Guido, J.
cc: Craig A. Diehl, Esquire
Theodore A. Adler, Esquire O
Assistant Court Administrator Taryn Dixon I?'O
O
a0 JL'il I ?E Pil 2: t,°
CUt1.pEyNISnVr \A d1Y
10
Richard J. Pierce
Court Administrator
TO:
FROM:
DATE:
IN RE:
,.OFFICE OF THE COURT ADMINISTRATOR
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
1 Courthouse Square • Carlisle, PA 17013
Phone
(717) 240.0200
(717) 097.0371
(717)532.7200
(717) 240.0402 FAX
Taryn N. Dixon
Assistant Court Administrator
The Honorable Edward E. Guido
Taryn N. Dixon, Assistant Court Administrator ?'7?
June 2, 2000
6418 Civil 1999
WESTHAFER CONSTRUCTION, INC.
V.
JOHN T. LEWIS
The above case is assigned to you for a non jury trial. Please provide me with copies of
your scheduling orders and final disposition date so that I can monitor the case for
statistical purposes.
Attachment
PRAECIPE FOR LISTING CASE FOR TRIAL
(Must be typewritten and submitted In duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY
Please list the following case:
(Check one) ( ) for JURY trial at the, next terra of civil court
(XXX) for trial without a fury.
CAPTION OF CASE
(entire caption must be stated in full)
WESTHAFER CONSTRUCTION, INC.
(Plaintiff)
(check one)
JUN -1 2000
v n
i1-
GM--:j
( ) Assurnpsit
0
( ) Trespass
( ) Trespass (Motor Vehicle)
:(X) Complaint in-ktechnnice'en
(other)
VS.
The trial list will be called on -A-u-9.9-SL--k5-t-2900
JOHN T. LEWIS and
CLAUDIA R. GIRRBACK
(Defendant)
Vs.
and - -_?
Trials commence on September 11, 2000
Pretrials will be held on August 23, 2000 _
(Briefs are due 5 days before pretrials.)
(The party listing this case fur trial shall provide
forthwith a copy of the praecipe to all counsel,
pursuant to local Rule 214.1.)
No. ..6_4_18- _ Civil . NLD Term 1999
Indicate the attorney who will try case for the party who liles this praecipe:
mhpndnrP A. Adler1_E_5gu-ire, Reager,_ Adler & Crgnetti, P.C.
Indicate trial counsel for other parties if known:
Craig A. Diehl, Esquire_ _
This case is ready for trial.
Date: 5/30/00 ----- -
Signed.//?
Print Narne: Theodore A. Adler
Altorney for: Defendants
d
LL
O
j
3 3 ?
JUN 212000
WESTHAFER CONSTRUCTION, INC., : IN COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V.
: NO. 99-6418 MLD TERM
JOHN T. LEWIS and
CLAUDIA R. GIRRBACK,
Defendant
: CIVIL ACTION - LAW
PRETRIAL MEMORANDUM
AND NOW, comes Plaintiff, Westhafer Construction, Inc., by and through its attorneys,
Law Offices of Craig A. Diehl, and files this Pretrial Memorandum pursuant to Cumberland
County Local Rule 2124.
FACTS AS TO LIABILITY:
a. A valid Mechanic's Lien Claim was timely filed by Plaintiff.
b. The Mechanic's Lien Claim is based upon a contract between the parties, yet the
type of contract, oral or written, is disputed by the parties.
C. Defendants assert that a written contract exists, yet are unable to produce the
contract.
Defendant, John T. Lewis is a sophisticated businessman, well-versed in the area
of construction projects and contractual transactions due to his occupation as an
engineer responsible for designing commercial facilities.
e. Defendants have made a partial payment, but have refused to pay Plaintiff the
additional sums due in violation of the terms of the contract.
f. There remains due and owing from Defendants to Plaintiff the sum of Sixty-Six
Thousand Nine Hundred Sixty-Six and 281100 ($66,966.28) Dollars for services,
labor and materials provided by Plaintiff to Defendants pursuant to the terms of
the contract.
2. FACTS AS TO DAMAGES:
a. The oral agreement between the parties was for a sum equal to the cost incurred
by Plaintiff per invoices plus Five (5%) Percent.
b. Plaintiff had provided to Defendants statements indicating the percentage of work
complete, the sums due and owing as well as the specific invoices of various
suppliers and sub-contractors as evidence of the costs incurred by Plaintiff.
C, Defendants failed to pay Plaintiff per the statements provided to Defendants by
Plaintiff.
d. Defendants withheld certain sums including a Ten (10%) Percent retainage, yet
the oral contract between the parties did not included a retainage.
C. Defendants owe to Plaintiff the sum of Sixty-Six Thousand Nine Hundred Sixty-
Six and 28/100 ($66,966.28) Dollars which includes sums due under the contract
and the retainage improperly held by Defendants.
f. Plaintiff has incurred reasonable costs, expenses and attorney fees in this
proceeding.
ISSUES OF LIABILITY AND DAMAGES:
a. Whether an oral or written contract exists and the terms thereof.
b. Whether Defendants owe Plaintiff the claimed sums.
C. Whether Plaintiff is entitled to recover reasonable costs, expenses, and attorneys
fees incurred by Plaintiff in this proceeding.
4. LEGAL ISSUES:
a. Defendants' Counterclaim should be dismissed pursuant to the Mechanic's Lien
Law, 49 P.S. § 1701(e) which states: "A setoff arising from the same transaction
or occurrence from which the claim arose may be pleaded but may not be made
the basis of a counterclaim." See also Marlin v. Nuss, 338 A.2d 676, 234 Pa.
Super. 259 (Pa. Super 1975), and Matternas v. Stchman, 642 A.2d 1120, 434 Pa.
Super 225 (Pa. Super. 1994).
5. WITNESSES:
a. Steve Westhafcr, President Westhafer Construction, Inc.
b. Ed Bames, employee of Westhafcr Construction, Inc.
C. John T. Lewis, Defendant
d. Claudia R. Girrback, Defendant
e. Any witnesses named by Defendants and others when identified.
6. EXHIBITS:
a. Letter/Invoice date August 24, 1999.
b. Summary of invoices for first billing and relevant invoices summarized therein.
C. Letter/Invoicc dated August 26, 1999.
d. Summary of invoices for second billing and relevant invoices summarized therein.
e. Any exhibits utilized by Defendants and others when identified.
7. STATUS OF SETTLEMENT NEGOTIATIONS:
a. The parties have not discussed the settlement of this matter to date.
Respectfully submitted,
LAW OFFICES OF CRAIG A. DIEHL
mda A. Clolfelter, Esq
uprcme Court I.D. No.
464 Trindlc Road
Camp Hill, PA 17011
(717) 763-7613
WESTHAFER CONSTRUCTION, INC., : IN COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V.
: NO. 99-6418 MILD TERM
JOHN T. LEWIS and
CLAUDIA R. GIRRBACK,
Defendant
: CIVIL ACTION - LAW
1, the undersigned, hereby certify that on this date, a true and correct copy of the foregoing
document was served upon the opposing parties by way of United States First Class Mail, postage
prepaid, and facsimile addressed as follows:
Theodore A. Adler, Esquire
REAGER, ADLER & COGNETTI, P. C.
2331 Market Street
Camp Hill, PA 17011
Fax: (717) 730-7366
LAW OFFICES OF CRAIG A. DIEHL
Date:
Stephanie A. Moore, Legal Secretary
3464 Trindle Road
Camp Hill, PA 17011
(717) 763-7613
JUN 21 2000
WESTHAFER CONSTRUCTION, INC., : IN COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V.
JOHN T. LEWIS and
CLAUDIA R. GIRRBACK,
: NO. 99-6418 MLD TERM
: CIVIL ACTION - LAW
Defendant
PRETRIAL MEMORANDUM
AND NOW, conies Plaintiff, Westhafer Construction, Inc., by and through its attorneys,
Law Offices of Craig A. Diehl, and files this Pretrial Memorandum pursuant to Cumberland
County Local Rule 212-4.
a. A valid Mechanic's Lien Claim was timely filed by Plaintiff.
b. The Mechanic's Lien Claim is based upon a contract between the parties, yet the
type of contract, oral or written, is disputed by the parties.
C. Defendants assert that a written contract exists, yet are unable to produce the
contract.
d. Defendant, John T. Lewis is a sophisticated businessman, well-versed in the area
of construction projects and contractual transactions due to his occupation as an
engineer responsible for designing commercial facilities.
C. Defendants have made a partial payment, but have refused to pay Plaintiff the
additional sums due in violation of the terms of the contract.
There remains due and owing from Defendants to Plaintiff the sum of Sixty-Six
Thousand Nine Hundred Sixty-Six and 28/100 ($66,966.28) Dollars for services,
labor and materials provided by Plaintiff to Defendants pursuant to the terms of
the contract.
FACTS AS TO DAMAGES:
a. The oral agreement between the parties was for a sum equal to the cost incurred
by Plaintiff per invoices plus Five (5%) Percent.
b. Plaintiff had provided to Defendants statements indicating the percentage of work
complete, the sums due and owing as well as the specific invoices of various
suppliers and sub-contractors as evidence of the costs incurred by Plaintiff.
C. Defendants failed to pay Plaintiff per the statements provided to Defendants by
Plaintiff.
Defendants withheld certain sums including a Ten (10%) Percent retainage, yet
the oral contract between the parties did not included a retainage.
C. Defendants owe to Plaintiff the sum of Sixty-Six Thousand Nine Hundred Sixty-
Six and 28/100 (566,966.28) Dollars which includes sums due under the contract
and the retainage improperly held by Defendants.
f. Plaintiff has incurred reasonable costs, expenses and attorney fees in this
proceeding.
3. ISSUES OF LIABILITY AND DAMAGES:
a. Whether an oral or written contract exists and the terms thereof.
It. Whether Defendants owe Plaintiff the claimed sums.
C. Whether Plaintiff is entitled to recover reasonable costs, expenses, and attorneys
fees incurred by Plaintiff in this proceeding.
4. LEGAL ISSUES:
a. Defendants' Counterclaim should be dismissed pursuant to the Mechanic's Lien
Law, 49 P.S. § 1701(e) which states: "A setoff arising from the same transaction
or occurrence from which the claim arose may be pleaded but may not be made
the basis of a counterclaim." See also Marlin v. Nuss, 338 A.2d 676, 234 Pa.
Super. 259 (Pa. Super 1975), and Mnttemas v. Stchman, 642 A.2d 1120, 434 Pa.
Super 225 (Pa. Super. 1994).
5. WITNESSES:
a. Steve Westhafer, President NVcsthafcr Construction, Inc.
b. Ed Barnes, employee of Wcsthafer Construction, Inc.
C. John T. Lewis, Defendant
d. Claudia R. Girrback, Defendant
C. Any witnesses named by Defendants and others when identified.
6. EXHIBITS:
a. Letter/Invoice date August 24, 1999.
b. Summary of invoices for first billing and relevant invoices summarized therein.
C. Lettcr/Invoice dated August 26, 1999.
d. Summary of invoices for second billing and relevant invoices summarized therein.
C. Any exhibits utilized by Defendants and others when identified.
7. STATUS OF SETTLEMENT NEGOTIATIONS:
a. The parties have not discussed the settlement of this matter to date.
Respectfully submitted,
LAW OFFICES OF CRAIG A. DIEHL
inda A. Clotfclter, Esquir
upremc Court I.D. No. 72 63
464 Trindle Road
Camp Hill, PA 17011
(717) 763-7613
WESTHAFER CONSTRUCTION, INC., : IN COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V.
JOHN T. LEWIS and
CLAUDIA R. GIRRBACK,
Defendant
NO. 99-6418 MLD TERM
CIVIL ACTION - LAW
CERTIFICATE OF SERVICE
I, the undersigned, hereby certify that on this date, a true and correct copy of the foregoing
document was served upon the opposing parties by way of United States First Class Mail, postage
prepaid, and facsimile addressed as follows:
Theodore A. Adler, Esquire
REAGER, ADLER & COGNETTI, P. C.
2331 Market Street
Camp Hill, PA 17011
Fax: (717)730.7366
LAW OFFICES OF CRAIG A. DIEHL
A 'N
Date: IIy _-Zw t?h,tm1i _
Stephanie A. Moore, Legal Secretary
3464 Trindle Road "
Camp Hill, PA 17011
(717) 763-7613
REAGER, ADLER & COGNETTI, PC
ATTORNEYS AND COUNSELORS AT LAW
2331 MARKET STREET
CAMP HILL, PENNSYLVANIA 17011.4642
717.763.1383
TELEFAX 717-730.7366
WEBSITE: ReagorAdlerPC.com
THEODORE A. ADLER +
DAVID W. REAGER
MARIA P. COGNETTI ++
LINUS E. FENICLE
DEBRA DENISON CANTOR
Wolers E-Mail Address taadleraepls net
June 21, 2000
Office of the Prothonotary
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
THOMAS O. WILLIAMS
SUSAN H. CONFAIR
JULIE A. McCONAHY
• CeMfied CM Trial Specialist
•• Fellow, American Academy
of Matrimonial Lars
Re: Westhafer Construction, Inc. v. John T. Lewis and Claudia R. Cirrback
Docket No. 99-6418 AfLD Ternf (Civil Action - Lan)
Our File No.: 99-284
Dear Sir/Madam:
Enclosed for filing please find Defendants' Pre-Trial Memorandum in the above-captioned
matter. Please time stamp the remaining copies and return them to our messenger.
If you should have any questions, please do not hesitate to call me.
yours,
Adlcr
TAA/lar
Enclosures
cc: Court Administrator (iv/enclosure)
Craig A. Diehl, Esquire (n/enclosure)
John T. Lewis (tv/enclosure)
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WESTHAFER CONSTRUCTION, INC.,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 99-6418 MLD TERM
JOHN T. LEWIS and
CLAUDIA R. GIRRBACK,
CIVIL ACTION - LAW
Defendants
DFFFNDANT4' PRF-TRIAL ??F??ORAt??DtIM
This action arises out ofa contract between Plaintiff Westhafer Construction, Inc. (hereinafter
"Westhafer") and Defendants John T. Lewis and Claudia R. Girrback (hereinafter referred to
collectively as "Lewis"), under which Westhafer agreed to provide labor and materials for the
improvement of the Lewis' home at 301 Harmony Lane, Camp Hill, Pennsylvania (hereinafter the
"Project"). Although Westhafer asserts that the contract between the parties was oral, there is a
written proposal by Westhafer, which is attached to Defendants' New Matter and Counterclaim in
the Nature of a Set-Off as Exhibit A. The document contains a scope of the work to be performed
by Westhafer and the price to be paid by Lewis. The evidence will show that Lewis accepted the
proposal.
On or about May 24, 1999, Westhafer submitted to Lewis a schedule of completion which
was agreed upon by the parties. A copy of the aforesaid schedule is attached to the Defendants' New
Matter and Counterclaim in the Nature ofa Set-Off as Exhibit B.
Under the agreement, Lewis agreed to pay a lump sum price of 5202,074.58 in accordance
with Wcsthafer's proposal for the completion of the Project. Wcsthafer was to complete all work
on the Project on or before August 13, 1999.
On or about July 23, 1999, Westhafer submitted an invoice to Lewis in the amount of
$95,180.80. Inasmuch as the agreement between the parties provided for payment of Westhafer's
invoices within thirty (30) days, with a ten percent (10%) retainage to be held by Lewis, Lewis made
payment to Wcsthafer on August 24, 1999, in the amount of $85,662.70, reflecting 90% of
Wcsthafcr's July 23, 1999 invoice. Wcsthafer submitted two (2) additional invoices for payment
by Lewis: one invoice dated August 24, 1999 in the amount of 562,330.42 and a second invoice
dated August 26, 1999 in the amount of S4,635.86. Lewis did not pay either of these invoices
inasmuch as the invoices contained billings for work which was either not completed or was not
completed in a workmanlike manner by Wcsthafer.
Because Wcsthafer had abandoned the Project, the evidence will show that Lewis sent
Wcsthafer a written notice to cure the default in September 1999. Wcsthafer did not respond. On
or about October 21, 1999, Wcsthafer filed a mechanics' lien claim against the Lewis' property in
the amount of $66,966.28 and on February 10, 2000, filed a complaint to enforce the mechanics' lien
claim.
Lewis filed an Answer to Westhafer's Complaint with New Matter and a Counterclaim in
the Nature of a Set-off. Lewis asserted a counterclaim in the nature of a set-off because, following
Westhafer's abandonment of the project. Lewis was forced to hire replacement contractors to
complete and/or repair the work for which Wcsthafer was seeking payment. Although the
Pennsylvania Mechanics' Lien Law limits Lewis to a counterclaim in the nature of a set-off not
1)
exceeding the mechanics' lien claim, Lewis will introduce into evidence all of the damages it
incurred in connection with completing the work for which Wcsthafer has requested payment or for 1
repairing work that Westhafer had improperly performed.
IL ISSIlgS.
A. Whether Westhafer failed to perform the work for which it seeks payment in
a proper and workmanlike manner and in breach of its contract?
Suggested Answer: Yes.
B. Whether the costs incurred by Lewis to complete or repair the work for which
Westhafer seeks payment equals or exceeds the value of the mechanics' lien?
Suggested Answer: Yes.
C. Whether Wcsthafer is entitled to attorneys' fees, interest and penalties under
the Contractor and Subcontractor Payment Act?
Suggested Answer: No.
The evidence to be offered by Lewis at trial will show that Wcsthafer failed to complete the
work forwhich it seeks payment, failed to perform its work in a workmanlike manner and is seeking
payment for services far in excess of the value of work provided. The evidence will also show that
Lewis has incurred substantial additional costs to complete, redo or repair Wcsthafer's work.
3
Lewis will present this Court with evidence that Wcsthafcr failed to properly perform and/or
complete the following work for which it seeks payment:
1. Demolition;
2. Electrical work;
3. Cleaning and grubbing;
4. Framing;
5. Windows and sliders;
6. Skylights;
7. Heating and air-conditioning;
8. Roof;
9. Insulation;
10. Gas piping;
11. Sheetrock;
12. Painting;
13. Siding, gutters and 1lashings;
14. Grading and seeding;
15. Paving of driveway;
16. Floor finishes, including tile and carpet;
17. Interior and exterior doors;
18. Kitchen cabinets;
19. Kitchen countertops and appliances; and
20. Baseboards, windows, wood door trim and other related finishing work.
Lewis will present evidence at the trial showing that they have expended in excess of $70,000 to
complete and/or repair the aforementioned defective and/or incomplete work for which Wcsthafcr
seeks payment.
Finally, Wcsthafcr is not entitled to attorneys' fees and penalties under the Pennsylvania
Contractor and Subcontractor Payment Act (hereinafter the "Act"). The Act applies only to breaches
of contract actions not to mechanics' lien claims.
III. 3VITNFSSFS.
1. John T. Lewis.
2. Claudia R. Girrback.
3. Representative of Secco Mechanical.
4. Steve Westhafer, as on cross.
5. Ed Barnes, as on cross.
Defendants reserve the right to call any and all witness called by Plaintiff and any witnesses
necessary to rebut Plaintiffs work as to the value of the work provided.
1V. EXHIBITS.
1. Proposal of Westhafer to Lewis dated April 22, 1999.
2. Correspondence from Ed Bames of Westhafer to John Lewis dated April 22, 1999.
3. Project schedule prepared by Westhafer entitled Schedule of John Lewis House
Renovations.
4. Project progress photographs.
5. Westhafer invoices/Applications for Payment.
6. Cancelled checks showing payments to Westhafer.
7. Large format plan dated April 28, 1999.
8. Subcontracts with replacement contractors.
9. Invoices from replacement contractors.
10. Invoices from material suppliers.
11. Correspondence from John Lewis to Steve Westhafer notifying Wcsthafer to cure its
default.
12. Project status reports.
13. Letter from John Lewis to Steve Wcsthafer dated August 23, 1999.
Defendants reserve the right to introduce into evidence any of Plaintiffs exhibits.
V. SF.TTURNIFNT STATUS.
To date, the parties have not exchanged any settlement proposals.
Date: June 20, 2000
ti
Respectfully submitted,
REAGE , AD TTI, P.C.
The dore A. Adler, Esquire
Attorney I.D. No. 16267
Thomas O. Williams, Esquire
Attorney I.D. No. 67987
2331 Market Street
Camp Hill, PA 17011-4642
(717) 763-1383
Attorneys for Defendants
6
AND NOW, this 21* day of June, 2000, I hereby verify that I have caused a true and correct
copy of the DEFENDANTS' PRE-TRIAL MEMORANDUM to be placed in the U.S. mail, first
class, postage prepaid and addressed as follows:
Craig A. Diehl, Esquire
Linda A. Clotfelter, Esquire
LAW OFFICES OF CRAIG A. DIEHL
3464 Trindle Road
Camp Hill, PA 17011
Theodore A. Adler, Esquire
REAGER, ADLER 6 COONETTI, P.C.
ATTORNEYS AT LAW
2331 MARKET STREET JUN 1
CAMP HILL, PA 17011-4542 . '
17171 703.1383
WESTHAFER CONSTRUCTION, INC., : IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY. PENNSYLVANIA
Plaintiff
V.
NO. 99-6418 MLD TERM
JOHN T. LEWIS and
CLAUDIA R. GIRRBACK,
CIVIL ACTION - LAW
Defendants
DFFFNDANTS' PRE-TRIAL MEMORANDUM
This action arises out of a contract between Plaintiff Westhafer Construction, Inc. (hereinafter
"Westhafer') and Defendants John T. Lewis and Claudia R. Girrback (hereinafter referred to
collectively as "Lewis"), under which Wcsthafer agreed to provide labor and materials for the
improvement of the Lewis' home at 301 Harmony Lane, Camp Hill, Pennsylvania (hereinafter the
"Project"). Although Westhafer asserts that the contract between the parties was oral, there is a
written proposal by Westhafer, which is attached to Defendants' New Matter and Counterclaim in
the Nature of a Sct-Off as Exhibit A. The document contains a scope of the work to be performed
by Westhafer and the price to be paid by Lewis. The evidence will show that Lewis accepted the
proposal.
On or about May 24, 1999, Wcsthafer submitted to Lewis a schedule of completion which
was agreed upon by the parties. A copy of the aforesaid schedule is attached to the Defendants' New
Matter and Counterclaim in the Nature of a Set-Off as Exhibit B.
Under the agreement, Lewis agreed to pay a lump sum price of 5202,074.58 in accordance
with Westhafer's proposal for the completion of the Project. Westhafer was to complete all work
on the Project on or before August 13, 1999.
On or about July 23, 1999, Westhafer submitted an invoice to Lewis in the amount of
595,1 SO.80. Inasmuch as the agreement between the panics provided for payment of Westhafer's
invoices within thirty (30) days, with a ten percent (10%) relainage to be held by Lewis, Lewis made
payment to Westhafer on August 24, 1999, in the amount of $85,662.70, reflecting 90% of
Weslhafer's July 23, 1999 invoice. Wcsthafcr submitted two (2) additional invoices for payment
by Lewis: one invoice dated August 24, 1999 in the amount of 562,330.42 and a second invoice
dated August 26, 1999 in the amount of S4,635.86. Lewis did not pay either of these invoices
inasmuch as the invoices contained billings for work which was either not complctcd or was not
completed in a workmanlike manner by Wcsthafcr.
Because Westhafer had abandoned the Project, the evidence will show that Lewis sent
Wcsthafcr a written notice to cure the default in September 1999. Wcsthafcr did not respond. On
or about October 21, 1999, Westhafer filed a mechanics' lien claim against the Lewis' property in
the amount of 566,966.28 and on February 10, 2000, filed a complaint to enforce the mechanics' lien
claim,
Lexvis filed an Answer to Westhafer's Complaint with New Matter and a Counterclaim in
the Nature ofa Set-off. Lewis asserted a counterclaim in the nature of a set-off because, following
Westhafer's abandonment of the project. Lewis was forced to hire replacement contractors to
complete and or repair the work for which Westhafer was seeking payment. Although the
Pennsylvania Mechanics' Lien Law limits Lewis to a counterclaim in the nature of a sct-off not
l
exceeding the mechanics' lien claim, Lewis will introduce into evidence all of the damages it
incurred in connection with completing the work for which Westhafer has requested payment or for
repairing work that Westhafer had improperly performed.
If. L95M.
A. Whether Westhafer failed to perform the work for which it seeks payment in
a proper and workmanlike manner and in breach of its contract?
Suggested Answer: Yes.
B. «'hcther the costs incurred by Lewis to complete or repair the work for which
Westhafer seeks payment equals or exceeds the value of the mechanics' lien?
Suggested Answer: Yes.
C. Whether Westhafer is entitled to attorneys' fees, interest and penalties under
the Contractor and Subcontractor Payment Act?
Suggested Answer: No.
The evidence to be offered by Lewis at trial will show that Westhafer failed to complete the
work for which it seeks payment, failed to perform its work in a workmanlike manner and is seeking
payment for services far in excess of the value of work provided. The evidence will also show that
Lewis has incurred substantial additional costs to complete, redo or repair Wcsthafcr's work.
3
Lewis will present this Court with evidence that Westhafer failed to properly perform and/or
complete the following work for which it seeks payment:
1. Demolition;
2. Electrical work:
3. Cleaning and grubbing;
4. Framing;
5. Windows and sliders;
6. Skylights;
7. Heating and air-conditioning;
8. Roof;
9. Insulation;
10. Gas piping;
ll. Sheetrock;
12. Painting;
13. Siding, gutters and (lashings;,
14. Grading and seeding;
15. Paving of driveway;
16. Floor finishes, including the and carpet;
17. Interior and exterior doors;
18. Kitchen cabinets;
19. Kitchen countertops and appliances; and
20. Baseboards, windows, wood door trim and other related finishing work.
Lewis will present evidence at the trial showing that they have expended in excess of S70,000 to
complete and/or repair the aforementioned defective and/or incomplete work for which Westhafer
seeks payment.
Finally. Westhafer is not entitled to attorneys' fees and penalties under the Pennsylvania
Contractor and Subcontractor Payment Act (hereinafter the "Act"). The Act applies only to breaches
of contract actions not to mechanics' lien claims.
4
Ill. WITNESSES.
1. John T. Lewis.
2. Claudia R. Girrback.
3. Representative of Secco Mechanical.
4. Steve Westhafer, as on cross.
5. Ed Barnes, as on cross.
Defendants reserve the right to call any and all witness called by Plaintiff and any witnesses
necessary to rebut Plaintiffs work as to the value of the work provided.
IV. EXHIBITS,
1. Proposal of Westhafer to Lewis dated April 22, 1999.
2. Correspondence from Ed Barnes of Westhafer to John Lewis dated April 22, 1999.
3. Project schedule prepared by Westhafer entitled Schedule of John Lewis House
Renovations.
4. Project progress photographs.
5. Westhafer invoices/Applications for Payment.
6. Cancelled checks showing payments to Westhafer.
7. Large format plan dated April 28, 1999.
8, Subcontracts with replacement contractors.
9. Invoices from replacement contractors.
10. Invoices from material suppliers.
11, Correspondence from John Lewis to Steve Westhafer notifying Westhafer to cure its
default.
12. Project status reports.
13. Letter from John Lewis to Steve Westhafer dated August 23, 1999.
Defendants reserve the right to introduce into evidence any of Plaintiffs exhibits.
V. SF.TTI_ NIF.NTSTATUS.
To date, the parties have not exchanged any settlement proposals.
Rcspcctfully submittcd,
Datc: lunc 20.2000
AD TTI, P.C.
L
Thebdorc A. Adlcr, Esquirc
Attomey I.D. No. 16267
Thomas O. Williams, Esquirc
Attomcy I.D. No. 67987
2331 Markct Strcct
Camp Hill, PA 17011-4642
(717) 763-1383
Attomeys for Defendants
6
AND NOW, this ? 1 * day of June, 2000,1 hereby verify that 1 have caused a true and correct
copy of the DEFENDANTS' PRE-TRIAL MEMORANDUM to be placed in the U.S. mail, first
class, postage prepaid and addressed as follows:
Craig A. Diehl, Esquire
Linda A. Clotfelter, Esquire
LAW OFFICES OF CRAIG A. DIEHL
3464 Trindle Road
Camp Hill, PA 17011
Theodore A. Adler, Esquire
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IN REs
WESTHAFER CONSTRUCTION,
INC.,
Claimant
Va.
JOHN T. LEWIS and
CLAUDIA R. GIRRBACR,
Owners
s IN THE COURT OF COMMON PLEAS OF
s CUMBERLAND COUNTY, PENNSYLVANIA
s
s
s
s CASE NO. 99•G'rlf m??Tv
s
s
s CIVIL - MECHANICS LIEN
MECHANIC'S LIEN CLAIM BY CONTRACTOR
AND NOW comes Claimant, Westhafer Construction, Inc., by and
through its attorney, Law Offices of Craig A. Diehl, and files this
Mechanic's Lien Claim By Contractor pursuant to 49 Pa.C.S. Section
1101, et seq., the Mechanic's Lien Law of 1963, as amended, against
all that certain real property known as 301 Harmony Lane, Camp
Hill, Cumberland County, Pennsylvania containing an existing
residence for certain materials furnished and labor performed, and
makes the following statement of its demand:
1. Claimant is Westhafer Construction, Inc., which has its
principal place of business located at 120 West Allen Street,
Mechanicsburg, Cumberland County, Pennsylvania (hereinafter
referred to as "Claimant"). Claimant files this claim as a
contractor.
2. The names of the owners of said property at the time of
the furnishing of said material and labor and the attaching of the
lien therefor are John T. Lewis and Claudia R. Girrback, husband
and wife (hereinafter referred to as "Owner"). Their present
1
mailing address is P.O. Box 1277, Camp Hill, Cumberland County,
Pennsylvania 17011.
3. Claimant files this claim for the sum of Sixty-Six
Thousand Nine Hundred Sixty-Six and 28/100 ($66,966.28) Dollars,
together with lawful interest thereon from August 16, 1999, and
costs against John T. Lewis and Claudia R. Girrback, owners, and
against all that certain real property known as 301 Harmony Lane,
Camp Hill, Cumberland County, Pennsylvania.
4. Claimant last performed work on the subject property on
or about August 16, 1999.
5. Claimant entered into an oral contract with Owner to
complete significant alterations and repairs to the residence of
Owner located at 301 Harmony Lane, Camp Hill, Cumberland County,
Pennsylvania.
6. An oral contract was established between the parties in
April, 1999, when Owner agreed to pay Claimant the cost of the
materials and labor involved in the renovations equal to the actual
invoices received by Claimant for same plus five percent (5k).
Copies of said invoices have been provided to Owner. (A summary of
the invoices is attached hereto as Exhibit "A", and is incorporated
herein.)
7. The oral contract between Claimant and owner was based
upon a meeting between the parties held on April 17, 1999, as well
as a written bid provided to Owner by Claimant by facsimile on
April 22, 1999, wherein Claimant listed the scope and allowances of
2
work (including the kind and character of the labor and material
furnished pursuant to said contract) with its bid of $202,074.58.
(A true and correct copy of a summary of same is attached hereto as
Exhibit "B", and is incorporated herein by reference.)
8. The labor was performed and materials were furnished with
the knowledge and consent, and at the request of Owner of the
subject real property.
9. The claim for which Claimant intends to file the lien is
for the sum of Sixty-Six Thousand Nine Hundred Sixty-Six and 28/100
($66,966.28) Dollars, together with lawful interest thereon from
August 16, 1999, remaining due to Claimant for the kind and
character of the material and labor as described in Exhibit "B"
attached hereto and which is incorporated herein, as well as the
correspondences sent to Owner on August 24, 1999, and August 26,
1999, true and correct copies of same being attached hereto as
Exhibit "C" and same are incorporated herein as if fully set forth.
10. The materials and labor were furnished in the performance
of alterations and repairs of owner's residence located at 301
Harmony Lane, Camp Hill, Cumberland County, Pennsylvania, by
Claimant according to a certain oral contract between Claimant as
a contractor and Owner, in or about April, 1999.
11. The delivery of the materials and the furnishing of said
labor was commenced by Claimant in or about April, 1999, and the
sum of Sixty Six Thousand Nine Hundred Sixty-Six and 28/100
($66,966.28) Dollars is the present balance due on the contract as
3
agreed upon by Owner and Claimant for the materials and labor
furnished for the alterations and repairs to Owner's residence from
April, 1999 through August 16, 1999, inclusive, in accordance with
the terms of said contract. The lien is against the fee now due
and owing after a partial payment made by Owner on or about August
24, 1999, and same is claimed from August 16, 1999.
12. Only after Claimant's repeated requests for payment which
included copies of the actual invoices received by Claimant for the
materials and labor, Owner made only one partial payment to
Claimant on the contract.
13. Claimant has made requests of owner for the payment of
the current balance on the contract for the sum of Sixty-Six
Thousand Nine Hundred Sixty-Six and 28/100 ($66,966.28) Dollars
which is to be paid to Claimant by owner under the terms of said
contract for materials and labor furnished through August 16, 1999.
Owner has refused to comply with Claimant's request for payment of
the balance due and has willfully and unjustly withheld certain
sums due and owing to Claimant for materials furnished, labor
performed, and a sum for retainage.
14. Owner's breach of the contract by Owner's conduct in
refusing to pay the outstanding sums due under the terms of the
contract, has prevented Claimant from fully performing the contract
between the parties.
4
WHEREFORE, Claimant, Westhafer Construction, Inc., claims to
have a lien upon the said residential property located at 301
Harmony Lane, Camp Hill, Cumberland County Pennsylvania for the
amount of the claim equal to the balance now due and owing to
Claimant, said sum being Sixty-Six Thousand Nine Hundred Sixty-Six
and 28/100 ($66,966.28) Dollars, together with lawful interest from
August 16, 1999, and costs.
Respectfully submitted,
LAW OFFICES OF CRAIG A. DIEHL
By: 'u' Lit
Crai A. Diehl, Esquire
Attorney I.D. No. 52801
3464 Trindle Road
Camp Hill, PA 17011
(717) 763-7613
Attorney for Claimant,
Westhafer Construction, Inc.
5
IN RE:
WESTHAFER CONSTRUCTION#
INC.,
Claimant
Vs.
JOHN T. LEWIS and
CLAUDIA R. OIRRBACR#
owners
s I THE COURT 07
: CUMBERLAND CO
i
:
:
: CASE NO.
:
:
= CIVIL - MECHANICS LIEN
vvDTF? TC ION
? AT
it STEVE WESTHAFER, President of WESTHAFER CONSTRUCTION, INC.,
that the statements made in the foregoing document
hereby verify
are true and correct to the beat of my knowledge, information and
belief, and further acknowledge that I am authorized to do so on
behalf of Westhafer Construction, Inc. I understand that the
statements herein are made subject to the penalties of 18 Pa.C.S.
S 4904, relating to unsworn falsification to authorities.
WESTHAFER CONSTRUCTION, INC.
Date: q_ BY STEVE WES AFER, es dent
SUMMARY OF INVOICES FOR CONTRACT
IFIRST BILLING)
PROVIDER DATE INVOICE # TOTAL DUE
M N Nlllemen 01/15/99 011599.2 $ 2,191 25
N.N. Nllleman 01/19/49 011999.1 5 454. 50
Alslde Supply Center 01111/99 171 09665 1 4,171 .]1
Alslde Supply Center 07/11/99 171 09666 0 11,429. 61
Ebert Water OS/07/99 446124 j 1,1]9 .61
Batton'• Tree Service 05/11/99 216 90 6001 { 4,100 .00
Flesh ElectrlC 05/21/99 N/A $ 1.500. 00
Flesh Electric OS/22/99 N/A $ 6,566 .00
Blscon Land Surva In 04/21199 1412 5 650 .00
Blecon Land Surveying 05/28/99 1460 $ 90. 00
Applied sadlant Teeh. 06102199 N/A S 15,014. x0
Attar. Products Svc.. 04/04/99 127941 j 119 .00
Assoc. Plodurte Svcs. OS/11199 66045 j 64 .15
1 4 C r.stenera. lnc OS/10/99 N/A 5 111 .52
The Nome Depot 01/21/99 N/A S 79. {5
Apple Futeneu, Inc. 01/06/99 070699 S 69. 94
Ebert Lumber 06/26/99 451111 { 1,SS9. 41
Ebert Lumber 06/]]/99 452914 S 47. 70
Ebert Lumber 061]]/99 452&90 S 444 51
Ebert Lumber 06/21/49 452091 S 2,509. 98
Ebert Lumber 06/07/99 451202 8 121. 99
Ebert LumLSr 06/01/99 450112 6 240. 14
Ebert Lumber 06/02/99 450695 S 665. 14
Ebert Lumber 06/01/99 450153 S 142. 61
Ebert Lumber 06/29/99 451694 19. 79
Ebert Lumber 06/24/99 451161 { H4. 89
Ebert Lumber 05/26/99 450192 S 19. 44
Ebert Lumber OS/2S/99 45005] S 51. 21
Ebetl Lumber 05/25/99 449997 S 144 12
Ebert Lumber 05/25/99 449995 S 14. 45
Ebert Lumber 0%11,199 444746 419. 51
Ebert Lumber 05/01/99 448217 166 99
Ebert Lumber 05/12/94 446701 S 2. 41
Ebert Lumber 05/21/99 449462 S 52. 44
Ebert Lumber 05/25199 449941 4 211 12
Ebert Lumber 0$/01199 441161 7
Ebert Lumber 05/24199 450111
Ebert Lumber
05/21/99
450224 9 9
Ebert Lumber 05/:1/99 450211
FIBET BILLING TOTAN
EXHIBIT "A"
SUMMARY OF INVOICES FOR CONTRACT
(SECOND BILLING)
PROVIDER DATE INVOICE # TOTAL DUE
Alelde 60 1 Center 01/22/99 17150169 3 1.265 56
Alelde Supply Center 07119/99 11110061 3 671 All
Alside Supply Center 01/27/99 171104)7 f 59 .16
Alllde Supply Center 07/21/99 17110272 S 296 .10
Alelde Supply Center 0//17/99 17112026 $ 116 .11
Alelde Supply Centel' 01/05/99 17111272 f 121 99
Alelde Su ,1 Centel 01/20/99 11111262 f 11 .65
The if... De .t 07/25/99 N/A $ 9 .12
6 6 C FAetenere. Inc. 07/IS/99 219239 f 129 .20
The Nome Depot 01/06199 N/A f 19 .95
Penns Supply 07117!99 163617 S 915 .66
Penns Supply 06/05/99 OS7167 S $9 .26
Ebetl Luber 07126/99 6S6461 S 199 .05
Ebert Luber 07127/99 556509 S 99 .95
Ebert Lumber 01/27/99 656591 f 11 .66
Ebert Lumber 07/06/99 656259 S 604 ,28
Ebert Luber 01107199 656119 f 126 75
Ebert Luber 01/0099 6566A1 $ 211 .55
Ebert Lumber 01112/99 656179 S 129 .65
Ebert Lumber 07/17/99 656506 f 77 79
Ebert Lumber 01/11/99 6SS044 i 252. 21
Ebert Luber 07/11/99 6SS114 f 1. 12
Ebert Lumber 07/14/99 6SSlll S 11. 56
Ebert Lumber 07/16/99 6SS691 S 91. 55
F.berl Lumber nl116199 65SS61 S 16 12
Ebert Luber 01/20/99 156671 111. 17
Eberly Luber 07/21/99 656051 1, 12
Ebert Lumber 07/29/99 656972 3 115 10
Ebert Lumber 07/29/99 656906 S 611 96
Ebert Lumber 01122/99 41,1067 S 901. N
Ebert Lumber 01/22199 651110 $ 9 Is
Ebert Lumber 01/06/99 651115 S llS el
Ebert Lumber 01/11/99 651101 S 220 01
Ebert Lumber 09/11/99 656269 $ 269 72
Ebert Lumber 06/06199 611501 15 56
Ebert LumLet 01/12/99 6516C6 $ 6 72
F.bell LumL e, 06/11199 656661 $ 1 S6
Ebert In,L•1 09/16199 656792 211. '11
Ebert Deter 01/17/99 651950 1 11
rbetl lump., 01/12/99 651162 S 11 N
SUBTOTAL $ 9.265 .69
SUMMARY OF INVOICES FOR CONTRACT
(SECOND BILLING - CONTINUED)
PROVIDER DATE INVOICE # TOTAL DUE
Ebert Lumber OU11/99 459161 f 216.60
Ebert Lumber 04/19/59 499319 f 11.91
Ebert Lumber 04/21/99 499116 S 42.10
Ilovice Supply. Inc. 01111/99 21104% f 10.99
Novco Su, 1 , Inc 04/12/99 219929 S l1 N
Novua Supply, Inr. 06/10/99 219160 S 92.24
Associated Products 01/21/99 404990 f 41.1%
Flub Electric 01/01/99 5291 S 1,059.00
Flash Electric 01/01/99 5259 ! 1,619.00
SUBTOTAL. ! 11216.96
MOND BILLS NO
TOTAL. S
I- 12.502.01
I
SUMMARY OF INVOICES FOR CONTRACT
(THIRD BILLING)
PROVIDER DATE INVOICE # TOTAL DUE
mcCOrkel Nome, 01/14/99 N/A { I, M .00
Penney Sup ply 01/24/99 162159 ! 5 .12
Penn, sup ply 01/11/99 162665 ! 915 .44
Penns Su 1 06/OS/99 951155 ! 19. 29
Item t Bros ., inc. 06/16/99 0291645 S 260. 42
Nom t Bros .. Inc. 05/21/99 0291111 f 101. 02
Nom t Bros .. Inc. Os/OS/9% 029514 { 101 IS
Item t Bros .. inc. 01/IS/99 0294404 ! 204 so
Hem t Bro, ., Inc. 01/04/59 029191 f 101. 19
Hem pt Bros. . Inc. 01/02199 02S1S14 f 105. 11
H.. pt Bros. . Inc. 06/01/99 0291140 f 545. 11
York Nute Disposal, Ine. 01/1%/99 516090 S 694. 10
York Nate Dl. ... 1. Inc. 06/1S/99 501294 S 1.205. 43
York Neste Dl, 0IA1, Inc. 06/15/99 492951 { 111. 02
York Note Di. ovAl, Inc. OS/11/95 501144 2.016 16
York Waste Disposal, Inc. 06/10/95 51199. s IS, 50
Penney Supp ly 06/05199 IS1190 S 1.056. 24
Penney Supp ly 06/12/99 159004 S 41. %1
Penn, Supp ly 06/19/99 159124 S 1% 51
Penney Supp ly 06/i9/99 ISS410 67 '12
ftehl'• Rental Center c6/01/59 52124 S 445 :0
B ,tem, DletrlnUtnr. 04119/99 41161 %t to
SUMTAL, 11.566 Il
SUMMARY OF INVOICES FOR CONTRACT
(THIRD BILLING - CONTINUED)
PROVIDER DATE INVOICE # TOTAL DUE
Sy stems Distributors 08/19/99 47182 S 195 .89
Sy stems Distributors 08/17/99 47129 $ 916 .26
Sy stems Distributors 08/17/99 47127 $ 995 .15
Sy stems Distributors 08/10/99 47020 S 1.021 .95
R. F. Fa er Co. 06/01/99 W 879899 S 154 .25
p. F. Fs er Co. 06/01/99 N 679900 $ 71 .69
R. F. Pa ger Co. 06/02/99 M 980054 S 11, 99
R. P. Fa er Co. 06/04/99 M 891068 5 98. 97
R. F. Fn er Co. 06/07/99 X 881855 5 61. 18
R. F. Fn er Co. 06/08/99 W 682162 $ 15. 26
R. F. Fa er Co. 06/21/99 N 887191 S 145. 71
R. F. Fa er Co. 06/21/99 W 887198 $ 24. 72
R. F. Pa er Co. 06/22/99 W 867909 9 51. 52
R. F. Fa er Co. 06/24/99 N $99016 5 9. 01
R. P. Pag er Co. 06/25/99 W 899711 $ 591. 89
R. P. Fe er Co. 06/25/99 W 689112 S 56. 59
R. F. Fa er Co. 06/28/99 N 890266 S 61. 76
R. F. Pag er Co. 07/01/99 N 891967 $ 26. 14
R. F. Fe er Co. 07102/99 N 692929 5 12. 57
R. F. Fe er Co. 07/06/99 N 892970 S 56. 90
R. P. Fa er Co. 07/16/99 N 697719 S 77. 10
R. F. Fa er Co. 07/19/99 W 899161 5 51. 87
R. F. Pag er Co. 07/20/99 N 898418 5 74. 20
R. F. Fa er Co. 07/21/99 N 899702 5 227. 07
R. F. Fa er Co. 07/28/99 N 902050 $ 78. 74
R. F. Fn er Co. 07/29/99 N 902495 $ 72. 19
SUOTOTALi $ 7,124. 17
THIRD BILLING
TOTAL i 19,690.74
emove exI isting Interior drywall, doors, bath fixtures, and flooring
Furnish and install any new partition walls per plan
Furnish and install 2 Anderson replacement windows in laundry room and utility room
furnish and Install 1/2• drywall on all stud walls and finish to paint
Insulate all exterior walls
Furnish and install new 6 panel white hardboard Interior doors per plans
Furnish and Install Rig foil faced insulation on underside of main floor
between bathroom and laundry room per plan
Furnish and install all window casings and base board
Furnish and install new hot water baseboard heat with supply coming off existing boiler
Furnish and install two coats of latex paint on all new walls 6 ceilings
Furnish and install floor coverings per plans
furnish and install new basement exterior door
Furnish and install new plumbing fixtures per plans
Furnish and Install new 200 AMP service
Furnish and Install new 100 AMP sub panel for basement use only
Furnish labor and materiel for new basement entrance from atrium per plans
Relocate oil tank fill pipe per plans
I
IM1. • exlstiny Interior drywall, doors, bath fixtures, and flooring
Furnish and install any new partition walls per plan
Furnish and Install new Anderson windows with low 6 glass, screens, and grills
Furnish labor to raise ceiling joist to to, feet from finish floor using existing joist
Furnish and Install new Anderson sliding doors per plans
Furnish and install new Pease entrance door per plan
Furnish and Install 1/2• drywall on all walls and ceilings and finish to paint
Insulate all exterior walls with R-33 and ceilings with R-10 batts
Furnish and Install sound Insulation in partitions noted on prints
Furnish and Install new 6 panel white hard board Interior doors per plans
Furnish and Install two 4-0 x 616 double acting french doors
Furnish and Install all window casings and baseboards
Furnish and install new radiant heat on entire floor system tiling in to existing boiler
Furnish and supply all plumbing fixtures per plan
Furnish and Install 2 coats of paint on all walls and ceilings
Furnish and Install all flooring per plans
Furnish and install all necessary electrical to complete job per plans with
Furnish labor and material to install loft in bedroom 02 per detail provided
Furnish labor and material to install shelves and rods in closets per plan
Erect IOx14 kitchen addition per sketch proved with crawl space below finish floor
Furnish and Install heat pump to supply heat Ing and cooling for basement and main level
l
emove existing concrete pad and dispose of
Furnish and install new footer per plans provided
Furnish and install new foundation wall
Furnish and install new concrete pad with 4e stone and 4• concrete
Purnlsh new radiant heat coils and tie into existing boiler
Remove existing roof and construct new roof per plans provided
Scud and drywall all walls and ceilings and finish to be painted
Purnlsh and install new Anderson sliding patio doors per plan
furnish and install new Anderson windows per plan provided
Insulate all exterior walls with R-21 and ceilings with RJO batt¦
Furnish and install new roofing system per plans provided
RiSI1lIOal
Remove all brick to sub grade and install 2x1 wall on top of remaining brick and shoot with 1/2" OSB board
Furnish and Install double 4• Dutch Lap siding on all exterior walls, owner to pick colors
Cover all face boards take boards and exposed wood with aluminum
Furnish and install 5• white aluminum seamless K. gutter
Remove existing singles and install 101b felt with 25 year architectural shingles
Furnish labor and material to erect pressure treat deck as per plan
Remove all construction debris from job site
.Q"'WX I
Construct new 2446 garage
Furnish and Install 6• footer with a• masonry block wall foundation
Furnish and supply 4• concrete pad with radiat heat
Erect 2x4 walls with 1/2e OSB roof sheeting
Furnish and Install 1 Anderson window per plan provided
Furnish and Install I Peace entrance door
Furnish and install R-11 Insulation In •Idewail• and R-10 batts in ceiling
Furnish and install 1/2• drywall on walls and tolling and finish to paint
Furnish and install 7-0• x 16.0• overhead garage door with opener insulated
Install 2 coats latex paint on walls and copings
Furnish an install 25 architectural shingles on roof
furnish and install double a- Dutch Lap siding
WORT e
emove 1 overhead existing door and install window being removed from house
Insulate coiling with R-10 batt Insulation and Install 1/2 drywall and finish to paint
paint new drywall and existing block with 2 coats of paint
Furnish and install radiat toll heat and Install 2• concrete
Furnish and install 12• x 12` VCf the on floor
Replace exist entrance door with new Pease door
EXHIBIT "B"
CONSTRUCTION,
17171697-6305 • FAX 17171 697.6307
120 West Allen Street • Mechanicsburg, PA 17055
August 24, 1999
John T. Lewis
Claudia R. Girrback
PO Box 1277
Camp Hill, PA 17011
Re: Construction work at 301 Harmony Lane, Camp Hill, PA
Description of Work Scheduled Value Previous Total % Total Due
Application Completed
Demo $9,354.00 $9,354.00 100% $0.00
Electrical as per proposal $6,566.00 $3,282.00 85% $2,299.10
Electrical extras per owner $1,055.00 $0.00 100% $1,055.00
Plumbing $8,993.00 $5,395.00 85% $2,249.05
Flooring Re-plywood $4,197.91 $4,197.91 100% $0.00
Trees $4,100.00 $0.00 100% $4,100.00
Garage:
Footer Excavation
$1,600.00
$1,600.00
100%
$0.00
Concrete Footers $756.00 $756.00 100% $0,00
Masonary $480.00 $480.00 100% $0:00
Stone Pad $150.00 $150.00 100% $0.00
Framing $2,450.00 $1,960.00 100% $490.00
Concrete Floor $1,460.00 $0.00 100% $1,460.00
Atrium:
Demo concrete &
Footer Excavation
$1,000.00
$1,000.00
100%
$0.00
Footer placement $245.00 $245.00 100% $0.00
Masonary $480.00 $480.00 100% $0.00
Stone Pad $277.50 $0.00 100% $277.50
Framing $3,600.00 $3,600.00 100% $0.00
Concrete Floor $790.00 $0.00 100% $790.00
EXHIBIT "C"
Mr. John T. Lewis
Claudia R. Girrback
August 24, 1999
Page 2
Description of Work Scheduled Value From Previous Total % Total Due
Application Completed
Windows & Sliders $13,429.67 $13,429.67 100% $ 0.00
Skylights $4,171.21 $4,171.21 100% $0.00
Additional Skylight and
window materials $2,765.29 $0.00 100% $2,765.29
Basement stairwell:
Masonary $500.00 $500.00 100% $0.00
Concrete pad $200.00 $200.00 100% $0.00
Excavation $400.00 $400.00 100% $0.00
HVAC as per proposal $7,500.00 $6,000.00 90% $750.00
HVAC additions per
owner $1,675.00 $0.00 100% $1,675.00
Family Room Addition $7,019.00 $5,264.25 100% $1,754.75
Radiant Heat as per
proposal $15,038.00 $14,288.00 100% $750.00
Radiant Heat Styrofoam $802.10 $0.00 100% $802.10
Framing Labor:
161 Floor $3,600.00 $3,600.00 100% $0.00
Relocate Ceiling
joists $2,160.00 $2,160.00 100% $0.00
Exterior wall build
out $2,160.00 $2,160.00 100% $0.00
Basement framing $2,400.00 $2,400.00 100% $0.00
Roofing:
Roofing Re-plywood $2,200.00 $0.00 100% $2,200.00
Roof Shingling $4,008.73 $0.00 100% $4,008.73
Insulation $6,536.00 $0.00 100% $6,536.60
Shop:
Framing Labor $864.00 $0.00 100% $864.00
Concrete Floor $1,150.00 $0.00 100% $1,150.00
Surveying Company $740.00 $0.00 100% $740.00
Materials Eberly Lumber $13,463.39 $7,768.36 100% $5,695.03
Mike Walaman CAD work $2,645.75 $0.00 100% $2,645.75
Nail Fasteners $409.92 $271.13 100% $137.92
John T. Lewis
Claudia R. Girrback
August 24, 1999
Page 3
French Drain Labor
French Drain Materials
Gas Piping Labor
Gas Piping Material
Septic Tank Pumping
Portable Toilet
$55.00 $0.00 100% $55.00
$89.22 $0.00 100% $89.22
$180.00 $0.00 100% $180.00
$81.82. $0.00 100% $81.82
$119.00 $0.00 100% $119.00
$136.70 68.35 100% $68.35
$143,883.17 $95,180.80 $45,618.17
Sub-Total: $45,618.17
Retainage Held from
151 Payment $9,518.09
OH & P 5% of Scheduled Value $7,194.16
includes Supervison Wages
TOTAL DUE:
Please sign for ucknowledgement and agreement for payment.
Authorized Representative
Westhafer Construction Co.
John T. Lewis or Claudia R. Girrback
Resident of 301 Harmony Lane, Camp Hill, PA
$62,330.42
CONSTRUCTION, INC.
1717) 697.6305 - FAX 1717) 697.6307
120 WestA11en Street - Mechanicsburg. PA 17055
August 26, 1999
John T. Lewis
Claudia R. Girrback
PO Box 1277
Camp Hill, PA 17011
Re: Construction work at 301 Harmony Lane, Camp Hill, PA
Description of Work Scheduled Value Previous Total % Total Due
Application Completed
Basement
Framing of stairs $128.00 0.00 100% $128.00
Septic
Filling of Septic Tank
Stone $56.45 0.00 100% $56.45
Relocate sewer line
excavation $480.00 0.00 100% $480.00
Replace deteriorating plywood
Wail sheeting $128.00 0.00 100% $128.00
Replace rotten face board $256.00 0.00 100% $256.00
Removal of block at
basement entrance way $768.00 0.00 100% $768.00
McCorkle Excavation $1,185.00 0.00 100% $1,185.00
Extra concrete costs $1,372.04 0.00 100% $1,372.00
Sub-Total $4,373.45
OH & P 5% of Scheduled Value $262.41
Invoice Sub-Total dated August 24, 1999 $45,618.17
Retainage held from 1" Payment $9,518.09
OH & P 5% of Scheduled Value
includes Supervision Wages $7,194.16
TOTAL DUE: $66,966.28
SHERIFF'S RETURN - REGULAR
CASE NO: 1999-06918 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WESTHAFER CONSTRUCTION INC
VS.
LEWIS JOHN T ET AL
KENNETH GOSSERT Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according
to law, says, the within MECHANICS LIEN CLAIM was served
upon LEWIS JOHN T the
defendant, at 15:00 HOURS, on the 9th day of November ,
1999 at 301 HARMONY LANE
CAMP HILL, PA 17011 CUMBERLAND
,
County, Pennsylvania, by handing to JOHN T. LEWIS
a true and attested copy of the MECHANICS LIEN CLAIM ,
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Dock ting
Service
Affidavit
Surcharge
So answers:
6.00 "0
88.68
8.00 R. 111 fau Mine, 5
$22.56 _CRAIG 1. DIEHL
by
Sworn and subscribed to before me
this 1 uc day of
19 99 A. D.
i
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 1999-06918 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WESTHAFER CONSTRUCTION INC
VS.
LEWIS JOHN T ET AL
R. Thomas Kline , Sheriff, who being duly sworn according
to law, says, that he made a diligent search and inquiry for the within
named defendant, to wit: GIRRBACK CLAUDIA R
but was unable to locate Her in his bailiwick. He therefore
deputized the sheriff of YORK County, Pennsylvania.
to serve the within MECHANICS LIEN CLAIM
On November 23rd, 1999 this office was in receipt of
the attached return from YORK County, Pennsylvania.
Sheriff's Costs:
Docketing 18.00
Out of County 9.00
Surcharge 8.00
Dep. York Co. 29.30 f
RF?
11/23
Sworn and subscribed to before me
this ).j.t4l day of l-1t(„_lwl?-
19 FA.D.
COUNTY OF YORK
OFFICE OF THE SHERIFF S717) 7I9601?
28 EAST MARKET ST., YORK, PA 17401
SHERIFF SERVICE INSTRUCTIONS
PROCESS RECEIPT, and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LINES 1 TO 12
DO NOT DETACH ANY COPIES.
Westhafer Construction, Inc.
Notice & Mechanic's
John T. Lewis, et. al. Lien Claim
SERVE S. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLI
Claudia R Gi.rrbac? PERSONAL
S D ( . DWI XNUMBER. A N CITY, BOAO. TWP STATE AN ZIP C D Etters, PA 1731
AT POE: Rite Aid, Newberry Commons, Interstate 83 & Robinhood Drive
cn".....nwnue luuer•ulutt?IIRWWITLPRIKI GIST CLASS MAIL 0POSTED OOTHER
NOW 11 / 5 / 9 9 19 _ I, SHERIFF OF VUVMCOUNTY, PA, do hereby deputize the sheriff of
Yli COUNTY to execute this Writ and make return thereof according
to law. This deputation being made at the request and risk of the plaintiff. ?
S. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: Cumbe rl nd
ADVANCE FEE PD BY CUMBERLAND COUNT?HERIFF
IDe _ Mn c_?}sn cnrvnA PP TSOnally -..I
ease at_tempt to effectuate service b absolute final. c
day or service is ase contact atty at: 763-7613
if service is not made by 11/15/99r co
NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN • Any deputy sheriff levying upon or attaching any property underpin sRQ lash
same without a watchman. In custody of Whomever is found in possession, after nobrymg person of levy or attachment, without babaity on tho part of such rbpdry or7ha j jnlRb any
plalnb8 herein for any loss, destruction, or removal of any Dreperty before shenfrs sale thereof.
Craig A. u3eni., usq. 3464 Trindle Road,-Camp Hill, PA 17011 _ I
Linda Clotfelter 1 763-7613 a 10/21/99
12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed If rlollce Is to be mailed).
Cumberland County SHeriff
SPACE BELOW FOR USE OF THE SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE
13.1 acknowledge receipt of the writ SIGNATURE OF AUTHORIZED CLERK 14. Date Received I5. EapiralonNeanng Dale
or comptant as Indicated above. B. Feeser 11/8/99 11/20/99
16.HOW SERVED: PERSONAL RESIDENCE ( ) POSTED( ) POE ) SHERIFF'S OFF( ) OTHER ( ) SEE REMARKS
17. here certify and return a NOT FOUND beauso I am unable to locate the indwidual, company, corporation, etc, named above. (See remarks below )
I& NAME AND TRLE9FPANIDUAL SERVED I UST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19. Dale of Service 20. Time of Service
0
23. Advance Costa 24. Service Costs 25. NIF 28. Mileage 27. Postage 28. Sub Total 29. Pound 30. Notary Fee 31. Surcharge 32 Total Costa 33. Cost Due 0 hXtd
$75.00 18.00 9.30 27.30 2.00 29.30 $45.70
34. Foregn County Costa 35. Advance Costa 38. Service Costa 37. Notary Can. 38. MdeageVPostag& N F. 39. Total Costs 40 Coat Due a Refund
41.AFFIRMED and subscribed to before me this
18th
44 Signature of SO ANSW
Sheriff
42dayo O AI SEAL 99 45.SignatureofYon, JAM?S V.
C VANGREEN, ACTING SHERIFF F VR"LLIAA
ounty Shenn
U. SHAFF M. HOSE SHERIFF
,
50.IACKNOWLEDGE RECEIPT OF THE SHERIFFS RETURN SIGNATURE 151 Dale Received
OF AUTHORIZED ISSUING AUTHORITY AND TITLE
1. WHITE • Issuing Authontp 2. PINK • Anomey 3. CANARY • Shentrs Olf ce 4. BLUE - Shenfts Olbce
COUNTY OF YORK
OFFICE OF THE SHERIFF S(71 )17719 01L
2B EAST MARKET ST., YORK, PA 17401
SHERIFF SERVICE INSTRUCTIONS
`, PROCESS RECEIPT, and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LINES 1 TO 12
_ DO NOT DETACH ANY COPIES.
1. PLAINTIFF/S+ 2. COURT NUMBER - , 1 V 1
Weslhater ("rmott'ut't ton, in: 4 TYPE OF WRIT OR COMPLAINT
J. DEFENDANTISI N u l i r: e F. H o c h nn I r' i s
lohn 7. Lewis, et. 11.
L1 en C.a m
? SERVE 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED. OR SOLD.
Claudia H. h;irrblrh PERSONAL
e ( WIN XNUN N I , , AN 11. D F.t 10t-S, PA l t 419
AT POEt Ri c Aid, NcwLcriy Cr,nnnons, Intet'staty ys 6 Robinhood drove
7. INDICATE SERVICE: YI PERSONAL O PERSON IN CHARGE dOEPUT¢E CUnd CERTIAWaid- - 01ST CLASS MAIL 0POSTED aOTHCR
NOW 1 I ' / 99. 19 _ I, SHERIFF OF OUNTY, PA, do hereby deputize the sheriff of
"t COUNTY to execute this Writ and make return thereof according
to law. This deputation being made et the request and risk of the plaintiff. ?? .
e. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: C um he r ! m rill
AWAN,E FEE PU BY CUMBEWAND CL)Lwry SHERIFF
?? gnalt
tUef t.....Muta_be._se.ucc.d._Pc;> ? '/ __:
F'1eaAe alt0A)fit tU t'fIt•CtUatl• S.•I fI' byt II/1;i'it ,ibr,"I111? till,)I
clay Tor survii;c"i 1!/?t)/'f'f, nlea:c• iota n1 t•, n:-7G1
1f service is n.;! m,trle uv ''/1 I'.)(1
NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.D. WAIVER OF WATCHMAN • Any deputy sheriff levyvq upon or attaching any property under within wit may Nave
sane without a watdvnen, in aetody d whonever Is lound In possession, shot notifying poison of levy or anachnem. without liability on the part of such deputy a tit attend to any
plaotilt heroat lot any lose, destruction, or removal of any propeM before shentra "Is Thereof.
S NAME ANG ADD SS ATTORN Y KI ATOR SI NA RE 10. TELEPHONE NUMBER 11. DATE FILED
1g A U T ?sy, r3?a rtn e ?W Cat l i1( 11 , PA 17011
Linda CIIotIo1tc1' )bt-161
l0/?1/99
1'.
12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed It notice Is to be malled)
CLtRberland County SHeriff
17. I ar*ndwledpe reuipt d tit ern
a complaint as indicated above. o,unw,u.c ur nu mumacu uLcnA
B. Fe%•Se r 14. Oslo Received
1 1 / t1 / 9) 15. Ea etion?tea
w rvq sae
1 1 / .'. (I / 9 9
1B.HOW SERVED: PERSONAL RESIDENCE 1 ) POSTED ( ) POE ) SHERIFF'S OFF ( ) OTHER ( ) SEE REMARKS
25. Advance Costs 24. S Moe Cats
$75.00 19.00 25. N+F 2e. Mileage
9.30 27. Postage 28 Suo Tool
27. 3U 29. Powd nd. Hoary fee
2.0.) 01. Surcnarpa 02. Total Coals
9.30 97. orb nd
S4S 7 ,
04. Foreign County Cats W. Advance Costs 9e. Soma Costs 07. Notary Can. 08. MJeage/PostagnlN F 09. Total Costs 40. Cat Due or Refund
R.
I1. AFFIRMED and eubsvoed to talon me Uus 1 S1 th !4. items I -..; / • , , 1
• 441,
t ; `. i
42. dayof NOVr.^.Lt?r tp tr,. 45 Signature of York Ut?t i::L; V.
ff
C
S Vr1NCR :N , k73tx: it°KIPt'
t• pa
)I.-5itS LLI it I
u. ,/ Il• ?.
/ ounty
heri
'1. Ib.l r',
SIIERI F
\ ,\
1 , , ,
t , 1 A/l/y
Proedouir, •
I } IWC 4n naWreo orepn _
Conn Shen" 49. Date
80.1 ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SI GNATURE 51 Date Rece wed
OF AUTHORIZED ISSUING AUTHORITY AND TITLE 1
1. WHITE • Issuing Aut only 2. PINK • Attorney 0 CANARY • Sheriffs Office 4. BLUE • Sheriff s 0"40
J,r !fl.?
Cost Da` ahnd?
COUNTY OF YORK
OFFICE OF THE SHERIFF SERVICE(717) 7719601`
28 EAST MARKET ST, YORK, PA 17401
SHERIFF SERVICE INSTRUCTIONS
PROCESS RECEIPT, and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LINES 1 TO 12
DO NOT DETACH ANY COPIES.
1. PLAINTIFFS/ 2. COURT NUMBER . - . 1 - `
'y/P&L IIA tit l' Cr.na1 rU'-'11,'.-n, Ln' 4. TYPE OF WRIT OR COMPLAINT
3. DEFENDANT/S/ N'.! t : ' • 11 & v; r , h;! it 1
John I. :,I Wi f , I.I , n ? ir•n C1,11:T1
SERVE 5. NAME OF INDIVIDUAL, COMPANY. CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED. ATTACHED. OR SOLD.
!:laudia F. 1;11 rt•:1: ? I'EILW4AL
'T OR D WITH % NUMBER. A NO.. CITY. WP., STATE N ZIP I' ': t• 1 3, t o 'i
W 8. ( R
AT POE: Fit(, ?lira, Newl,,erry Cr`mmt:n?, Intt.e.s?rttt• H.'. S Rn!,trtllund DI I-0
7. INDICATE SERVICE: - PERSONAL O PERSON IN CHARGE DEPUTQE (-'JDEBT. s1ACL - -O 1ST CLASS MAIL O POSTED O OTHER
NOW / 19 _ I, SHERIFF OF YORK-COUNTY, PA, do hereby deputize the sheriff of
. COUNTY to execute this Writ and make return thereof according
to few. This deputation being made at the request and risk of the plaintiff. ftTll
s TT 7ti^LST-*) _-
S. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: C llrr'be r I 71-lit
ADVANCE FEE I4) BY CUMISERI.ANU Ct LWn SIIERIFI'
r
Del f MI1Lir d I'f•r -.qr,l1 IV
Plr:nse al Irlniflr r•' t:f'lo •ILI'O .-t1 ,'1• n" '41:;' lit,, IIll tl
fitly fill sl'r: I, t' ,., f / '11111 t1, lief, 1?,.• rli ,. I ,11 I'! il, 7 rf, 1.. %(it .
If sr1r?'ir•e is nr?' n'.af)c L.y , /
NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN • Any deputy sheriff levying upon or attaching any property under mthin writ troy leave
same without a watchmen. In custody of whomever Is found in possession, after notifying person of levy or attachment, without liability on the pan of such deputy W the sheriff b any
plaintiff herein for any bas, destruction, or removal of any property before shentra sale thereof.
S CTjfPtTVfi P NB 88 ORN M S RE 10 TELEPHONE NUMBER If. DATE. FILED
11°PIi?, E'er S Bg'°Y'P.9? , €4 4i1TY, ca »(t H; l i , l n L lot I
I'nfla CIr.tII. rCI- 'ri i-101 10/21/99
12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This aria must be completed If notice Is to be mailed).
CurtberlanJ County Sl'eriff
13.1 acknowledge receipt of the writ SIGNATURE OF AUTHORIZED CLERK 14. Date Received 15. EsprabohMeanng Date
or complaint as Indicated above. 11. Fc1es 2 r 11!8/99 i t . 11 , tl 7
16.HOW SERVED: PERSONAL N RESIDENCE ( ) POSTED( ) POE.(1,) SHERIFF'S OFF ( ) OTHER ( ) SEE REMARKS
17. U I hereby certl and return a NOT FOUND because I am unable to locate the individual. company. coWrahon, ate, named above. (Sea remarks below.)
1S. HAME AND 71{iF„QFYIQNIQU AL SiRVEO/USTADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19.Dalsof Servos 20.Tlrneol Semce
L+f Ir,,
23. Advance Cad 24. Servbe Costa
S75.00 iA.00 25. N!F 25. M,leage
9. 3D 27. Postage 28. 5ub Total
;7.30 29. PI>1re :w. o r"
2.00 i a. ourl:mrga u. io.ei wsw
29.30 ,r.r. ws, r.w v, .
$45.70
34. Foreign Ciliary Cats 35. Advance Costs 35. Serwa Costa 37. Notary Carl. 36. Miloage'Patage/N.F. 39. Total Ca(s 40. Cost Due or Refu
r ;f
A
41. AFFIRMED staff suEsculbed to before rn? psis Hull 44. "tureol
DemStiffinff t 47.Date
NJVC.I[ r
99
45sgMbrearok ,7I11:'S V
. AC-4ING'SH RUFF E
?'s'2G41':Ell
IACWILLIA
42.day of +s County Shenff M. IIV:i1:, StlFR F1 '
u.
P o fmaewMU W PuN c AA IJ Da,
1. WHITE • Issukq Autlonry 2. PINK' Anomey 3. CANARY • Shentra Off" 4. BLUE • Sheriffs Once
% IL
CASE NO: 1999-06418 P
SHERIFF'S RETURN - REGULAR
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WESTHAFER CONSTRUCTION INC
VS
LEWIS JOHN T ET AL
KATHY CLARKE , Sheriff or Deputy Sheriff of
Cumberland County, Pensylvania, who being duly sworn according to law,
says, the within MECHANICS LIEN CLAIM was served upon
LEWIS JOHN T the
OWNER , at 0018:46 HOURS, on the 23rd day of February , 2000
at 301 HARMONY LANE
CAMP HILL, PA 17011
JOHN LEWIS
by handing to
a true and attested copy of MECHANICS LIEN CLAIM together with
NOTICE
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service 8.68
Affidavit 00
Surcharge 10.00
.00
24.68
Sworn and Subscribed to before
me this 020 w' day of
.L? IB7rA A. D.
w ??r Ih.OO.?. 10a!'
??C?ionota- ry
So Answgr/s::
R. Thomas Kline '
03/06/2000
CRAIG A. DIEHL
By: X ? Ci&i
Depu Sheriff
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 1999-06418 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WESTHAFER CONSTRUCTION INC
VS
LEWIS JOHN T ET AL
R. Thomas Kline , Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named OWNER , to wit:
GIRRBACK CLAUDIA R
but was unable to locate Her
deputized the sheriff of YORK
in his bailiwick. He therefore
serve the within MECHANICS LIEN CLAIM
County, Pennsylvania, to
On March 6th , 2000 , this office was in receipt of the
attached return from YORK
Sheriff's Costs:
Docketing 18.00
Out of County 9.00
Surcharge 10.00
DEP. YORK COUNTY 29.75
.00
66.75
03/06/2000
CRAIG A. DIEHL
Sworn and subscribed to before me
this ,tom day o,E'Iuf?
So answ
as Kline
Sheriff of Cumberland County
a-yvU A. D.
Qu.., G. )1
Prothonotar '
COUNTY OF YORK
' OFFICE OF THE SHERIFF SERVICE 9601E
28 EAST MARKET ST. YORK, PA 17401
SHERIFF SERVICE INSTRUCTIONS
PLEASE TYPE ONLY LINES 1 TO 12
-- PROCESS RECEIPT, and AFFIDAVIT OF RETURN DO NOT DETACH ANY COMES.
Westhafer Construction, Inc.
SERVE
W
AT
7. INDICAT
Claudia R. Gir.rback
Newberry Commons ShDO. Cent., Interstate
Notice & Mechanic's
NOW 16100 19 _ I, SHERIFF OFNDAK COUNTY hereby dep sheriff of
York COUNTY toexecu COUNTY ording
to law. This deputation being made at the request and risk of the plaintiff. - ri `=p Ue t
e. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: Cumberland
OUT OF COUNTY ;
CUMBERLAND "I
ADVANCE FEE PAID BY CUMBERLAND COUNTY SHERIFF
NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.D. WAIVER OF WATCHMAN • Any deputy s renff levying upon or attaching any property units, Within cunt may leave
same without a watchman, in custody of whomever is found in possession, alter notifying person of levy or attachment. without liability on the pan of such deputy or the sher;n to any
plaintiff herein for any loss, destruction, or removal of any property before sheriffs sate thereel.
9. TYPE NAME AND ADDRESS of ATTORNEYIORIGINATOR and SIGNATURECra ig A. Diehl, Esq. 10 TELEPHONE NUMBER If. DATE FILED
3464 Trindle Rd., Camp Hill, PA 17011 (717) 763-7613 2/14/00
12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed If notice Is to be mailed).
Cumberland County Sheriff
SPACE BELOW FOR USE OF THE SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE
13. I acknowledge receipt of the writ SIGNATURE OF AUTHORIZED CLERK 14 Date Rece.ed 15. Espiralion'Hearing Date
or complaint as ludoalod above J. Ludwig 2/17/00 3/14/00
IaHOW SERVED: PERSONA RESIDENCE( I POSTED( ) POE SHERIFFSOFF( I OTHERI ) SEE REMARKS
17. U I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, corporation etc, named above. (See remarks below I
18. NAME AND TITLE OF INDIVIDUAL SERVED 7 LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19 Gale of $orvco 20 Time of Service
Isiltv
3L
o,
_1 /.a/ Icum
Data Time Miles Inf.
eA--A''13 *??
27. Advance Costs 24. Serv" Costs 25. NF 26. Milea9e 27. Postage 28 Sub Total 29. Pomp 30. Notary Fee 31. Surcnarpe u. Total Costs 33 osf oe o efu
100.00 18.00 9.75 27.75 2.00 29.75
34 Fomipn County Costa 35. Advance Costs 36. Service Cost 37. Notary Can. 38. Maoago,'PostagaN F 39 Total Costs 40. Cost Due or Refund
SO ANS
41.AFFIRMED aaeat
OTAAL
f 44. posture of
n nn t 4LD o
oLL
i
I (gQ
SMAFFER
Notary
45 Spnature of York
48 ate
42.day of .
J. nt
Sheriff
C
C O 01 t. M ? ^ y
ou
t9i1]iam M. Hose 2/29/00
u
PromaiaaryMa.ry PWI 46 pnature o oro?gn 49 Date
MY COMMI I XPIRE Count' Snonff
m ; areunwf FMF RFCFIPT OF NF SHERIFF'S RETURN SI GNATURE SI. Date Racerved
OF AUTHORIZED ISSUING AUTHORITY AND TITLE I
1. WHITE • Issuing Authority 2. PINK • Attorney 3. CANARY • Sheriffs Office 4. BLUE • Sheri" It Offce
{
l
'
f
., 1 )
jam
C3 4y
S
a
m
W
O
3 j?
J L- L
WESTHAFER CONSTRUCTION,
INC.,
Plaintiff
V.
JOHN T. LEWIS and
CLAUDIA R. GIRRDACR,
Defendants
i IN THE COURT OF COMMON PLEAS OF
i CUNHERLAND COUNTY, PENNSYLVANIA
s
s
CASE NOi 99-6418 MLD TERM
s
i
i
s CIVIL ACTION - LAG
NOTICE TO PLEAD
TO: DEFENDANTS, JOHN T. LEWIS AND CLAUDIA R. GIRRHACR
C/O THEODORE A. ADLER, ESQUIRE
You are hereby notified to plead to the enclosed Preliminary
Objections of Plaintiff, Westhafer Construction, Inc., within
twenty (20) days of service hereof or a default judgment may be
entered against you.
Respectfully submitted,
LAW OFFICES OF CRAIG A. DIEHL
Date: March 31. 2000
inda A. Clotfelter, ps
ttorney I.D. No. 72963
464 Trindle Road
Camp Hill, PA 17011
(717) 763-7613
Attorney for Plaintiff
NESTHAFER CONSTRUCTIONo
INC.t
Plaintiff
v.
JOHN T. LEWIS and
CLAUDIA R. OIRRBACXo
Defendants
t IN THE COURT OF COMMON PLEAS OF
s CUMBERLAND COUNTY) PENNSYLVANIA
s
s
t CASE NOS 99-6415 MLD TERM
i
t
t
i CIVIL ACTION - LAN
PRELIMINARY OBJECTIONS OF PLAINTIFF TO
DEFENDANTS' ANSWER WITH NEW MATTER AND COUNTERCLAIM
Plaintiff, Wosthafer Construction, Inc., by and through its
counsel Law Offices of Craig A. Diehl, hereby submits to this
Honorable Court the following preliminary objections to Defendants'
Answer with Now Matter and Counterclaim and in support thereof
states as follows:
10 Plaintiff, Westhafer Construction, Inc., (hereinafter
roforrod to as "Plaintiff"), initiated this civil action by filing
a Complaint against Defendants, John T. Lewis and Claudia R.
Oirrback, (hereinafter referred to as "Defendants"), on or about
February 14, 2000.
2. Defendants filed an Answer With New Matter and
Counterclaim in the Nature of a Setoff on or about March 10, 2000.
3. Defendants' Answer with New Matter and Counterclaim in
the Nature of a Setoff alleges that a written contract exists
between the parties.
I. PRELIMINARY OBJECTION FOR FAILURE
TO CONFORM TO RULE OF COURT
4. Plaintiff incorporates by reference paragraphs 1 through
3, above, as if fully set forth herein.
5. Defendants have failed to attach to their Answer with New
Matter and Counterclaim in the Nature of a Setoff a true and
correct copy of the alleged written contract between the parties.
6. Plaintiff objects to Defendant's Answer with New Matter
and Counterclaim in the Nature of a Setoff due to Defendants'
noncompliance with Pennsylvania Rule of Civil Procedure 1019, which
requires that a party attach a copy of a written contract.
7. Defendants have violated Pennsylvania Rule of Civil
Procedure 1019 by failing to attach to their pleading a copy of the
contract as alleged and/or failing to plead that same was
inaccessible. with a sufficient statement indicating the reasons for
its inaccessibility, and/or failing to set forth the substance of
the contract.
8. Defendants' noncompliance with Pennsylvania Rule of Civil
Procedure 1019 (h) justifies the dismissal of Defendants' Answer
with New Matter and Counterclaim.
II. PRELIMINARY OBJECTION FOR THE LEGAL
INSUFFICIENCY OF A PLEADING (DEMURRER)
9. Plaintiff incorporates by reference paragraphs 1 through
8, above, as if fully set forth herein.
10. Defendants seek to recover damages, pursuant to their
Answer with Mew Matter and Counterclaim, for Plaintiff's alleged
breach of contract. In order to prevail upon their claims,
Defendants must establish the requisite elements for a claim for
breach of contract.
11. Defendants have failed as a matter of law to properly
plead their claim for breach of contract in the nature of a setoff.
12. Pursuant to Pennsylvania Rule of Civil Procedure
1028(x)(4), Plaintiff preliminarily objects to Defendants' Answer
with New Matter and Counterclaim in the Nature of a Setoff based
upon the legal insufficiency of said pleading, and seeks to have
said pleading dismissed.
WHEREFORE, Plaintiff, Westhafer Construction, Inc.,
respectfully requests that its Preliminary objections to
Defendants' Answer with New Matter and Counterclaim in the Nature
of a Setoff be granted and said pleading be dismissed, with
prejudice.
Respectfully submitted,
LAW OFFICES OF CRAIG A. DIEHL
inda A. lotfel er, quire
ttorntorn
33t 3 ey I.D. No. 7294
464 Trindle Road d
Camp Hill, PA 17011„
RESTHAPER CONSTRUCTION,
INC.,
Plaintiff
V.
JOHN T. LEWIS and
CLAUDIA R. OIRRBACK,
Defendants
i IN THE COURT OF COMMON PLEAS OF
i CUMBERLAND COUNTY, PENNSYLVANIA
s
s CASE NOS 99-6418 KID TERM
s
i
s
s CIVIL ACTION - LAX
I, the undersigned, hereby certify that on this date, a true
and correct copy of the foregoing document was served upon the
opposing parties by way of United States First Class Mail, postage
prepaid, addressed as follows:
Theodore A. Adler, Esquire
REAGER, ADLER & COGNETTI, P.C.
2331 Market Street
Camp Hill, PA 17011-4642
Attorney for Defendants
LAW OFFICES OF CRAIG A. DIEHL
It,
Date: S By:
a A. Moo e, Legal Secretary
3464 Trindle Road
Camp Hill, PA 17011
(717) 763-7613
WESTEAFER CONSTRUCTION,
INC.,,
Plaintiff
V.
JOHN T. LEWIS and
CLAUDIA R. OIRRBACKv
Defendants
s IN THE COURT OF COMMON PLEAS OF
s CUMBERLAND COUNTY) PENNSYLVANIA
s
S
S CASE NOS 99-6418 MLD TERM
s
i
i
s CIVIL ACTION - LAW
AND NOW, this _ day of , 2000, it
is hereby ORDERED and DECREED that the preliminary objections of
Plaintiff, Westhafer Construction, Inc., are hereby granted, and
Defendants' Answer with New Matter and counterclaim is hereby
dismissed with prejudice.
BY THE COURT:
J.
WESTHAFER CONSTRUCTION, IN THE COURT OF COMMON PLEAS OF
INC., : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V. CASE NO: 99-6410 MLD TERM
JOHN T. LEWIS and
CLAUDIA R. 4IRRBACR,
Defendants CIVIL ACTION - LAW
ORDER
AND NOW, this day of , 2000, it
is hereby ORDERED and DECREED that the preliminary objections of
Plaintiff, Westhafer Construction, Inc., are hereby granted, and
Defendants' Answer with New Matter and Counterclaim is hereby
dismissed with prejudice.
BY THE COURT:
WESTHAFER CONSTRUCTION,
INC.,
Plaintiff
V.
JOHN T. LEWIS and
CLAUDIA R. OIRRBACK,
Defendants
. IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CASE NO: 99-6418 MLD TERM
CIVIL ACTION - LAW
ORDER
AND NOW, this day of , 2000, it
is hereby ORDERED and DECREED that the preliminary objections of
Plaintiff, Westhafer Construction, Inc., are hereby granted, and
Defendants' Answer with New Matter and Counterclaim is hereby
dismissed with prejudice.
BY THE COURT:
WESTRAFER CONSTRUCTION,
INC.,
Plaintiff
V.
JOHN T. LEWIS and
CLAUDIA R. OIRRBACR,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CASE NO: 99-6418 HLD TERM
. CIVIL ACTION - LAW
ORDER
AND NOW, this day of , 2000, it
is hereby ORDERED and DECREED that the preliminary objections of
Plaintiff, Westhafer Construction, inc., are hereby granted, and
Defendants' Answer with New Matter and Counterclaim is hereby
dismissed with prejudice.
BY THE COURT:
PRAECIPE FOR LISTING CASE FOR TRIAL
(Must be typewritten and submitted In duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY
Please list the following case:
(Check one) ( ? for JURY trial at the next tern of civil court.
(XXX) for trial without a jury.
........ . . . . . ... . . . ........................................ .? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
CAPTION OF CASE
(entire caption must be slated In lull)
WESTHAFER CONSTRUCTION, INC.
(Plaintiff)
VS.
JOHN T. LEWIS and
CLAUDIA R. GIRRBACK
(Defendant)
VS.
(check one)
( ) Assumpsit
( 1 Trespass
( ) Trespass (Motor Vehicle)
*X) o laint in Mechanics' Lien
(other)
The trial list will be called on August 1i5 2000
and _
Trials commence on SeP-tember 11, 2000
Pretrials will be held on August 23, 2000 _
(Briefs are due 5 days belore pretrials.)
(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. __f 418 _ Civil .,. MLD. Term _ 19 99
Indicate the attorney who will try case for the party who files this praecipe:
ThnnAnrn A. Adler, _Esquire, Reager_,__Adler_& C?netti, P .C.
Indicate trial counsel for other parties If known:
Crain A. Diehl, Esquire
This case Is ready for trial.
Signed:.
Print Name:. Theodore A. Adler
Date: 5/30/00 Attorney tor: Defendants
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WESTHAFER CONSTRUCTION, INC., :IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V. : NO. 99-6418 MLD TERM
JOHN T. LEWIS and
CLAUDIA R. GIRRBACK,
CIVIL ACTION - LAW
Defendants
DEFEND NTS' ANSWER TO
PLAINTIFF'S PRELIMINARY OBIS TIONS
I . Admitted.
2. Admitted.
3. Admitted with clarification. Whereas the Defendants believe and, therefore, aver that
a written agreement between the parties does exist, the Defendants actually alleged in their Answer
with New Matter and Counterclaim at paragraph 4 the following: "Denied. Plaintiff did not enter
into an oral contract with the Defendants. To the contrary, a handwritten agreement dated April 22,
1999, was prepared by Plaintiff for Defendants' review. The handwritten agreement was
subsequently retyped and signed by Defendants. A signed copy was never returned to the
Defendants."
1. PRELIMINARY OBJECTION FOR FAILURE
TO CONFORM TO RULE OF COURT
4. No response required.
5. Denied. At Exhibit A of their Answer with New Matter and Counterclaim, the
Defendants attached a handwritten document prepared by the Plaintiff which set forth the scope of
the Plaintiffs work and the consideration which was to be given by the Defendants in return for the
Plaintiff's completion of said work. Byway of further response, at paragraph 4 of their Answer with
New Matter and Counterclaim, the Defendants stated that while they signed a typed contract, the
Plaintiff never provided the Defendants with a copy of that contract.
6. Denied. The avcmients of paragraph G constitute conclusions of law to which no
responsive pleading is required. In the event that an answer is judicially deemed required, the
Defendants were prevented from attaching a copy of the written contract between the parties because
the Plaintiff failed to give the Defendants a copy of the written contract.
7. Denied. The avemrcnts of paragraph 7 constitute conclusions of law to which no
responsive pleading is required. By way of further response, it is specifically denied that the
Defendants failed to plead that the written contract was inaccessible to them at the time they filed
their counterclaim. On the contrary, paragraph 4 of the Answer with New Matter and Counterclaim
clearly states that a signed copy of the contract was never given to the Defendants.
8. Denied. The averments of paragraph 8 constitute conclusions of law to which no
responsive pleading is required.
WHEREFORE, the Defendants respectfully request this Honorable Court to overrule the
Plaintiffs' Preliminary Objections.
1)
If. PRELIMINARY OBJECTION FOR THE LEGAL
INSUFFICIENCY OF A PLEADING (DEMURRER)
9. No response required.
10. Admitted in part; denied in part. It is admitted that the Defendants' Counterclaim
alleges that the Plaintiff has breached the contract. To the extent that the Plaintiff alleges or implies
that the Defendants failed to properly plead the elements of a breach of contract, said averments are
denied as legal conclusions.
It. Denied. The averments of paragraph I 1 constitute conclusions of law to which no
responsive pleading is required.
12. Denied. The avemrents of paragraph 12 constitute conclusions of law to which no
responsive pleading is required.
WHEREFORE, the Defendants respectfully request this Honorable Court to overrule the
Plaintiffs' Preliminary Objections.
Respectfully
REAGER, ADLER XOGNETTI, P.C.
Date: April 13, 2000 / - '
Theodore A. Adler, Esquire
Attorney I.D. No. 16267
Thomas 0. Williams, Esquire
Attorney I.D. No. 67987
2331 Market Street
Camp Hill, PA 17011-4642
(717) 763-1383
Attorneys for Defendants
3
1, JOHN T. LEWIS hereby verify that the averments of the foregoing pleading are true
and correct to my personal knowledge, information and belief. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn
falsification to authorities.
T ? ?l
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JOHN T. LEWIS
Date: y I oloo
AND NOW, this L day of April, 2000, 1 hereby verify that I have caused a true and
correct copy of the DEFENDANTS' ANSWER TO PLAINTIFF'S PRELIMINARY OBJECTIONS
to be placed in the U.S. mail, first class, postage prepaid and addressed as follows:
Craig A. Diehl, Esquire
Linda A. Clotfeltcr, Esquire
LAW OFFICES OF CRAIG A. DIEHL
3464 Trindlc Road
Camp Hill, PA 17011
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Theodore A. Adler, Esquire
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WESTHAFER CONSTRUCTION,
INC.,
Plaintiff
V.
JOHN T. LEWIS and
CLAUDIA R. GIRRBACK,
Defendants
s IN THE COURT OF COMMON PLEAS OF
s CUMBERLAND COUNTY, PENNSYLVANIA
s CASE NO: 99-6418 MLD TERM
s
s
s CIVIL ACTION - LAW
PRAECIPE TO WITHDRAW PRELIMINARY OBJECTIONS
TO THE PROTHONOTARY:
Kindly withdraw the preliminary objections filed in the above-
referenced matter.
Respectfully Submitted,
LAW OFFICES OF CRAIG A. DIEHL
n. 11 n A
By
nda A. Clotfelter,
k torney I.D. No. 72
3 64 Trindle Road
.amp Hill, PA 17011
(717) 763-7613
WESTHAFER CONSTRUCTION,
INC.,
Plaintiff
V.
JOHN T. LEWIS and
CLAUDIA R. GIRRBACR,
Defendants
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
s CASE NO: 99-6418 MLD TERM
s
s
s CIVIL ACTION - LAW
CERTIFICATE OF SERVICE
AND NOW, the undersigned hereby certifies that on the date
hereof, a copy of the foregoing PRAECIPE TO WITHDRAW PRELIMINARY
OBJECTIONS was served upon the opposing parties by United States
First Class mail, postage prepaid, addressed as follows:
Thomas O. Williams
REAGER, ADLER & COGNETTI, PC
2331 Market Street
Camp Hill, PA 17011-4642
LAW OFFICES OF CRAIG A. DIEHL
Dated: Steph nie A. Moore,
Legal Secretary
3464 Trindle Road
Camp Hill, PA 17011
(717) 763-7613
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WESTRAFER CONSTRUCTION,
INC.,
Plaintiff
V.
JOHN T. LEWIS and
CLAUDIA R. GIRRBACR,
Defendants
s IN THE COURT OF COMMON PLEAS OF
s CUMBERLAND COUNTY, PENNSYLVANIA
s
CASE NO: 99-6418 MLD TERM
s
s
CIVIL ACTION - LAW
PLAINTIFF'S ANSWER TO DEFENDANTS' NEW MATTER
AND COUNTERCLAIM IN THE NATURE OF A SET-OFF
AND NOW comes Plaintiff, Westhafer Construction, Inc., by and
through its attorney, Law Offices of Craig A. Diehl, and files this
Answer to Defendants' New Matter and counterclaim in the Nature of
a Set-off, as follows:
NEW MATTER
19. Admitted in part and denied in part. It is admitted only
that Exhibit "A" attached to Defendants' Answer with New Matter was
prepared by Ed Barnes. The remaining allegations of this paragraph
are specifically denied by Plaintiff. In further answer hereof, it
is specifically denied that the parties entered into a written
contract on or about April 22, 1999, as it was an oral contract and
not a written contract that existed between the parties. In
addition, the document attached to Defendants' Answer includes the
scope of work discussed by the parties. Same is not a written
contract nor does it indicate the specific terms of the oral
contract between the parties. Therefore, strict proof of the
allegations of this paragraph are demanded at the trial in this
matter.
20. Denied. After reasonable investigation, Plaintiff lacks
sufficient knowledge or information to determine the truth of the
averments of this paragraph regarding the origination of the
alleged Schedule of Completion attached to Defendants' Answer as
Exhibit "B". Plaintiff further denies that a Schedule of
Completion was agreed to by the parties and denies that a project
completion date existed. By way of further answer, at no time did
Plaintiff approve a set completion date. Therefore, strict proof
the allegations of this paragraph are demanded at trial in this
matter.
21. Admitted in part and denied in part. It is admitted only
that Defendants' were provided with a first invoice for work
performed for the project and that the amount of said invoice was
Ninety-Five Thousand One Hundred Eighty and 80/100 ($95,180.80)
Dollars. The remaining allegations of this paragraph are denied by
Plaintiff as, after reasonable investigation, Plaintiff lacks
sufficient knowledge or information to determine the date upon
which Defendants' received said invoice. Therefore, strict proof
thereof is demanded at trial.
22. Denied. Plaintiff specifically denies that the contract
provided for payment within thirty (30) days and/or permitted
Defendants to hold a ten percent (10%) retainage. By way of
further answer, Plaintiff never agreed to a retainage and the
parties did not include in their oral contract specific payment
terms. Therefore, strict proof thereof is demanded at trial.
23. Admitted.
24. Admitted.
25. Admitted.
26. Denied. Plaintiff specifically denies that the
percentages of work shown on the August 24, 1999 invoice do not
reflect the actual progress of the project. By way of further
answer, said percentages of work as designated therein accurately
reflect the progress of said project. Therefore, strict proof of
the allegations of this paragraph are demanded at the trial in this
matter.
27. (a) - (e) Denied.
(a) Denied. Plaintiff specifically denies the
allegations of this subsection to the extent that same implies that
the dates Plaintiff was obligated to complete the work were between
August 24 and August 26, 1999, and/or that Plaintiff had at any
time heretofore, alleged that Plaintiff had completed work during
that time, and/or that Plaintiff had charged Defendants for any
work completed during that time. Therefore, strict proof thereof
is demanded at trial.
(b) Denied. Plaintiff specifically denies that the work
claimed to be one hundred percent (100%) complete is not. By way
of further answer, the invoice dated August 26, 1999, accurately
reflected the work Plaintiff had completed to one hundred percent
(100%). Therefore, strict proof of the allegations of this
subparagraph are demanded at trial.
(c) Denied. Plaintiff specifically denies that "extra
concrete costs" were never authorized. In further answer hereof, j
Defendants had authorized Plaintiff to take the steps necessary to
meet Defendants' requests for the project. Therefore, strict proof
of the allegations of this paragraph are hereby demanded at the
trial in this matter.
(d) Denied. Plaintiff specifically denies that the
contract between the parties provided for any type of retainage and
further denies that said retainage was to be released at the
conclusion of the project. By way of further answer, at no time
did Plaintiff authorize Defendant to hold a retainage and
therefore, strict proof of the allegations of this paragraph are
demanded at trial in this matter.
(e) Denied. It is specifically denied that "OH&P 5k of
Scheduled Value includes Supervision Wages" is meaningless and not
authorized by contract. In further answer hereof, the oral
contract between the parties specifically provided for "OH&P 5t of
Scheduled Value includes Supervision Wages". Therefore, strict
proof of the allegations of this paragraph is demanded at the trial
in this matter.
28. (a) - (c) Denied.
(a) Denied. Plaintiff specifically denies that it
failed to complete the project in accordance with the approved
schedule as no such schedule was approved by the parties. At no
time did the parties agree upon a completion date and any failure
of Plaintiff to perform under the terms of the contract was due
solely to the conduct of the Defendants, which prevented Plaintiff
from performing. Therefore, strict proof of these allegations is
demanded at trial.
(b) Denied. Plaintiff specifically denies that it
invoiced Defendants for any items of work that were not completed
or not supplied, and it is further denied that Plaintiff had any
obligation to complete any work regarding the kitchen or supply any
items for same as Defendants contracted the kitchen separately and
did not involve Plaintiff in same. Therefore, Plaintiff demands
strict proof of the allegations of this paragraph at trial.
(c) Denied. Plaintiff specifically denies that it
abandoned the project. In further answer hereof, Defendants hired
another contractor to complete the project. Therefore, strict
proof of the allegations of this paragraph are demanded at trial.
29. Denied. The allegations of this paragraph are denied as
same state a conclusion of law to which no responsive pleading is
required.
30. Denied. Plaintiff specifically denies that Defendants
have paid to Plaintiff all sums due Plaintiff. In further answer
hereof, as alleged in Plaintiff's Complaint, there are certain sums
that remain due and owing to Plaintiff pursuant to the terms of the
contract between the parties. Therefore, strict proof of the
allegations of this paragraph are demanded at the trial in this
matter.
31. Denied. The allegations of this paragraph are denied as
same state a conclusion of law to which no responsive pleading is
required.
32. Denied. Plaintiff specifically denies that it breached
the contract between the parties in any way and specifically denies
the remaining allegations of this paragraph. Therefore, strict
proof thereof is demanded at the trial in this matter.
33. Denied. The allegations of this paragraph are denied as
same state a conclusion of law to which no responsive pleading is
required.
COUNTERCLAIM IN THE NATURE OF A SET-OFF
34. No response to this paragraph is required.
35. Denied. Plaintiff specifically denies that it in anyway
breached the contract between the parties and further denies that
any schedule was approved by the parties in this matter. Plaintiff
further denies the remaining allegations of this paragraph as after
reasonable investigation, Plaintiff lacks sufficient knowledge or
information to determine the truth of same. Therefore, strict
proof thereof is demanded at trial.
36. Denied. Plaintiff specifically denies any implication in
the allegations of this paragraph that Plaintiff breached the
contract between the parties in any way, that Plaintiff's work was
in any way defective, and that Plaintiff's work was incomplete due
to any fault of the Plaintiff. In further answer hereof, any
incomplete work on the project was due solely to Defendants'
conduct and not due to any conduct on the part of Plaintiff.
Moreover, Plaintiff denies the remaining allegations of this
paragraph as, after reasonable investigation, Plaintiff lacks
sufficient knowledge or information to determine the truth of the
remaining averments. Therefore, strict proof thereof is demanded
at trial.
37. Denied. Plaintiff specifically denies that Defendants
are entitled to any damages in this matter. In further answer
hereof, it is Defendants who owe Plaintiff certain sums pursuant to
the contract between the parties. Therefore, Plaintiff demands
strict proof of the allegations of this paragraph at the time of
the trial in this matter.
WHEREFORE, Plaintiff, Westhafer Construction, Inc.,
respectfully requests that this Honorable Court enter judgment in
its favor and against Defendants for the sum of Sixty-Six Thousand
Nine Hundred Sixty-Six and 28/100 ($66,966.28) Dollars, award
interest to Plaintiff pursuant to 73 P.S. § 505(d), award
attorney's fees, costs, and expenses pursuant to 73 P. S. S 512(b),
and grant such other relief as may be just and equitable.
Respectfully submitted,
LAW OFFICES OF CRAIG A. DIEHL
By:
Crai A. Diehl, Esquire
Attorney I.D. No. 52801
3464 Trindle Road
Camp Hill, PA 17011
(717) 763-7613
Attorney for Plaintiff
WESTHAPER CONSTRUCTION, s IN THE COURT OF COMMON PLEAS OF
INC., s CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff s
V. s CASE NOs 99-6418 MLD TERM
s
JOHN T. LEWIS and s
CLAUDIA R. GIRRBACR, s
Defendants s CIVIL ACTION - LAW
I, the undersigned, hereby certify that on this date, a true
and correct copy of the foregoing document was served upon the
opposing parties by way of United States First Class Mail, postage
prepaid, addressed as follows:
Theodore A. Adler, Esquire
REALER, ADLER & COGNETTI, P.C.
2331 Market Street
Camp Hill, PA 17011-4642
LAW OFFICES OF CRAIG A. DIEHL
Date: By: i--tw" 4 /-rtt-i
Steph nie A. M o , Legal Secretary
3464 Trindle Road
Camp Hill, PA 17011
(717) 763-7613
copy
WESTHAFER CONSTRUCTION,
INC.,
Plaintiff
V.
JOHN T. LEWIS and
CLAUDIA R. GIRRBACH,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-6418 CIVIL TERM
JOHN T. LEWIS and : IN THE COURT OF COMMON PLEAS OF
CLAUDIA R. GIRRBACH, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
V.
WESTHAFER CONSTRUCTION, NO. 2000-4794 CIVIL TERM
INC.,
Defendants
: CIVIL ACTION LAW
AND NOW, this 3RD day of APRIL, 2001, at the request of defendant and
defendant's counsel the hearing scheduled for April 2, 2001, at 8:15 a.m. on the above
captioned matter is CONTINUED. The next scheduled date and time will be Monday.
JUNE 11, 2001 nt 8.15 n m in Courtroom # 5.
Edward E.
Craig A. Diehl, Esquire
Theodore A. Adler, Esquire
Court Administrator
4!3pnY
01 MAY -1 AIM: ne
MUM
PENNSYLMN A
WESTHAFER CONSTRUCTION, INC,:
Plaintiff
V.
JOHN T. LEWIS and
CLAUDIA R. GIRRBACH,
Defendants +
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
99-6418 CIVIL TERM
JOHN T. LEWIS and IN THE COURT OF COMMON PLEAS OF
CLAUDIA R. GIRRBACH, CUMBERLAND COUNTY,
Plaintiffs
V.
WESTHAFER CONSTRUCTION, INC,:
Defendant 00-4794 CIVIL TERM
IN RE: SETTLEMENT AGREEMENT
AND NOW, this 11th day of June, 2001, it
appearing to the Court that the parties have reached a settlement
in this matter, and they wish to make a settlement of record. The
terms of the settlement are as follows:
1. Lewis and Girrbach shall pay to Westhafer the sum
of $15,000.00 in full satisfaction of all claims at these terms
and numbers.
2. Said $15,000.00 shall be paid forthwith from an
escrow account containing proceeds from the sale of the subject
property. The balance of all escrow sums shall then be released
to Lewis and Girrbach.
3. Each party shall file a praecipe to discontinue
the action commenced by it or them.
4. The parties shall execute mutual releases setting
forth the terms of this settlement agreement.
4
WESTHAFER CONSTRUCTION, INC,:
Plaintiff
V.
JOHN T. LEWIS and
CLAUDIA R. GIRRBACH,
Defendants +
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
99-6418 CIVIL TERM
JOHN T. LEWIS and IN THE COURT OF COMMON PLEAS OF
CLAUDIA R. GIRRBACH, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
V.
WESTHAFER CONSTRUCTION, INC,:
Defendant 00-4794 CIVIL TERM
IN RE: SETTLEMENT AGREEMENT
AND NOW, this 11th day of June, 2001, it
appearing to the Court that the parties have reached a settlement
in this matter, and they wish to make a settlement of record. The
terms of the settlement are as follows:
1. Lewis and Girrbach shall pay to Westhafer the sum
of $15,000.00 in full satisfaction of all claims at these terms
and numbers.
2. Said $15,000.00 shall be paid forthwith from an
escrow account containing proceeds from the sale of the subject
property. The balance of all escrow sums shall then be released
to Lewis and Girrbach.
3. Each party shall file a praecipe to discontinue
the action commenced by it or them.
4. The parties shall execute mutual releases setting
forth the terms of this settlement agreement.
5. The parties have agreed that the exhibits may be
discarded by the court reporter.
Theodore A. Adler, Esquire
For the Plaintiffs/Defendants
Craig A. Diehl, Esquire
For the Defendant/Plaintiff
It
By the Court,
Edward E. Guido, J.
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PRAECIPE FOR LISTING CASE FOR ARGUMENT
(Must be typewritten and subnsitted in duplicate)
TO THE PROTHONOTARY/OF CUMBERLAND COUNTY:
Please list the within matter for the next:
--------------------------------
CAPTION OF CASE
(entire caption must be stated in full)
Westhafer Construction, Inc.
(Plaintiff)
VS.
John T. Lewis
Claudia R. Girrback
(Defendant)
VS.
Pre-Trial Argument Court
Argument Court
No. 6418 Civil Action Law 1999 MLD Term
I. State matter to be argued (i. e., plaintiffs motion for new trial,
defendant's demurrer to complaint, etc.):
Plaintiff's Preliminary Objections
2. Identify counsel who will argue case:
(a) forplaintiff: Thomas 0. Williams, Reager, Adler b Cognetti, P.C.,
2331 Harker Street, Camp Hill, PA 17011
(b) for defendant: Craig A. Diehl, Esquire, Law Offices of Craig A. Diehl,
3464 Trindle Road, Camp Hill, PA 17011
3. 1 will notify all parties in writing within two days that this case has been
listed for argument. _
(Attorney fur Defendants )
Dated: 4/24/00
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