HomeMy WebLinkAbout99-07168H
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NOTICE OF APPEAL
-COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS FROM
JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT -
COMMON PLEAS Na 99-
OF APPEAL
NOTICE
Notke is given that the appellant ass filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the
date in the case men,'/ed !
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l / S SIGNATURE p APPfaAM f6 ALt NEY OR AGENT
Cv 19.
IT 19
If appellant was CLAIMANT (See Pa. R.C.P.J.P. 0.
This bock will be signed ONLY when this notation is required under Po. R.C.P.J.P. No.
10081 1001(6) in action before District Justice, he MUST
This Notice of Appeal, when received by the District Justice, will operate as ° FILE ACOMPLAINT within twenty (20) days after
SUPERSEDEAS to the judgment far possession in this case
filing his NOTICE of APPEAL.
Signature o Rnftwnotary a Deputy
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
of appeal to a DEFENDANT NDAN upon a(sifPaJ R.C.P.JP. No. 1001(7) in action before District Justice-
(This section K NOT USED, form 10 be sed ONLY, when
IF
To Prothonotary
I / I e S ?f C -?? f f , appellee(s), to file a complaint in this appeal
Enter rule uponn j7 n r- at apaeleMs)
(Common Pksas Nn 9 7? ` l f' I, f ) within twenty (20) days after service of rule or suffer entry f ju t of non Pros.
a Srpaere or appenanl a fus attorney a spent
RULE: To (1 (`i e S " t C ?ib 'r f 'n . oppellee(s).
Nartlc of aPP'Ws)
(1) You am notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of
service of this rule upon you by personal service or by certified a registered mail
(2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of mailing.
9 Qi? Q e ?,, l l d,"?,
Daro ?q,
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taPC e12•e. COURT FILE TO BE FILED WITH PROTHONOTARY
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of service MUST BE FILED WITHIN TEN (101 DAYS AFTER filing the notice of appeal. Check applicable boxes)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ;31
AFFIDAVIT: I hereby swear or affirm that I served
? a copy of the Notice of Appeal, Common Pleas No. , upon the District Justice designated therein on
(data of service) , ? by personal service ? by (certified) (registered) mail, senders
receipt attached hereto. and upon the appellee. Alamo) , on
19 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto.
? and furtherthat l served the Ruleto Filea Complaintaccompanying the above Noticeof Appeal upon theappelleo(s) to whom
the Rule was addressed on . 19_. ? by personal service ? by (certified) (registered)
mail, sender's receipt attached hereto.
SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS DAY OF
19_
Signature of
$iyfatWC or otLc?rl balmo rvlmm.JLOfaf was mdn??
TWO of official
My commisvon e.plws on
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COMMONWEALTH OF PENNSYLVANIA
r.nl INTV nG• CUMBERLAND
No:
09-1-01
DJ Name: Nan.
CHARLES A. CLEMENT, JR.
Add.... 1106 CARLISLE ROAD
CAMP HILL', PA
Talepeone:.(717') 761-4940 17011
NOTICE OF JUDGMENT/TRANSCRIPT
PLAINTIFF: CIVIL. (VASE
NAMEaMADDRESS
FWINTERS ROOFING/STEVE WINTERS
6235 HAYDON CODRT
MECHANICSBORG, PA 17055
L J
VS.
DEFENDANT: NAME ana ADDRES§
rHINES, VICTORIA 1
138 WESLEY DRIVE
MECHANICSBURG, PA 17055
WINTERS ROOFING/STEVE WINTERS L J
6235 HAYDON COURT DocketNo.: CV-0000407-99
MECHANICSBURG, PA 17055 Date Filed: 9116199
THIS IS TO NOTIFY YOU THAT:
Judgment. FOR--Dt?BEND Nm • ..-- -
a Judgment was entered for: (Name) ATNFS VTr'TngTA
X? Judgment was entered against: (Name) WINTERS RIMPINGISTEVE WINTERS
in the amount of $ nn on
Defendants are jointly and severally liable.
Damages will be assessed on:
El This case dismissed without prejudice.
Amount of Judgment Subject to
Attachment/Act 5 of 1996 $
Levy is stayed for days or R generally stayed.
E] Objection to levy has been filed and hearing will be held:
(Date of Judgment) 11I no/Qo
(Date & Time)
Amount of Judgment
Judgment Costs
Interest on Judgment
Attorney Fees
Post Judgment Credits
Post Judgment Costs
Certified Judgment Total
Date: Place:
Time:
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE
OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU
MUST INCLUDE A COPY OF Tx- IIS NOTICE OF JUDGMENj• FIANSCRIPT FORM WITH YOUR NOTICE OF APPEAL.
11/9/1999 Date
District Justice
I certify that this is a true and correct copy of the record of the proceedings c,??(aining the judgment.
Date District Justice
My commission expires first Monday of January, 2002 SEAL
AOPC 315.99
COMMONWIALTN OF PENNSYLVANIA. '
COURT OF COMMON PLEAS
JUDICIAL DISTRICT
NOTICE OF APPEAL
Notice is giver) that the
dalg,ynd in the ease Im
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS Nn
9- '7/1? P Cl
has filed in the above Court of Comnan Pleas an appeal from the judgment rendered by the District Justice on the
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1. C Caw JQ.
PJ L/?/ I '?- 0 1/.S K ?/ C'?
cv iU1E APPEIIANr
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T 19
This bock will be signed ONLY when this natation is required under Pa R.C.PJP. Na
1008& If appellant was CLAIMANT (see Pa. R.C.P.J.P. No
This Notice of Appeal, when received
by the District Justice, will operate as a 1001(6) inaction before District Justice,, he MUST r
' SUPERSEDEAS to the judgment far possession in this case
FILE A COMPLAINT within twenty (20) days after
ignature or Rottanotary a oepury filing his NOTICE of APPEAL.
PRAECIPE. TO ENTER RULE' TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.CP.J.P. No. 1001(7) In action before District Justice.
.. IF NOT USED, detach from copy of notice of appeal to be served upon appellee).
PRAECIPE: To Frotlwrwtor/y
Enter rub upon - ?'1 1 /) e S V// If 4G t t G? . .
n n . Nana a aHaeEaH'sl , oppellee(s), to file a complaint in this appeal
(Common Pleas Na 9 - 7/l Y ?l ri f ) within twenty (20) days aft" service of rule or suffer entry f
11d9 t of non pros
RULE: To L?/ V) P 4-, ? t C 16 Y I Ilk Sana ae a ap eFent ar I5 alftymy ar egant
Nara a eaaerleasl , appellee(s).
(1) You are nolilf 6-d
service of thi Nar uponthat a rule u hereby entered upon you to file a complaint in this appeal within twenty (20) days q*3he date of
by personalservice or by certified or registered mail -you (2) If you do nofi led complaint within ft lime, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU.
...?..? s
(3) The date bf sservae of this rule if servke was by mail is the date of mailing.
'Daro:y, 191, ', ? ?•
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(ROME
AOPC:12-M
COURT FILE
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT`
. (This proof of service MUST BE FILED WITHIN TEN (10) DA YS AFTER filing the notice of appeal. Check applicable boxes)
COMMONWEALTH OF PENNSYLVANIA
-???? ; es
i COUNTY OF
I
AFFIDAVIT: I hereby swear or affirm that I served
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? a copy of the Notice of Appeal, Common Pleas No. C1?I
_/ , upon the District Justice designated therein on
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-
1 c V%6V CrIt
(date of service)
? by persq al service G3'6y (certified) (registered) mail, senders
qq
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n eS on
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the appellee, (name)
receipt attached hereto, and F '
s receipt attached hereto.
e
Y1l:V tg? ? by personal service %y (certified) (registered) mail, sender
? and further that Iserved the Rule to File aComplaint a cconipanyin t above Notice of Appeal upon the appellee(s) to whom
1
- the Rule was addressed on .n0? ?( by (certified) (registered)
, tg ? by personal service [?
C attached hereto.
mall, s'r
CRIBED BEFORE ME
S
SWORN (AFFIRMED) ) AND AND SUBS C
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NOV ?
DAY OF
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THIS f
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VICTORIA HINES, : IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
WINTERS ROOFING and STEVE
WINTERS.,
Defendant
No.: 99-7168 Civil
Civil Action at Law
Compulsory Arbitration
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set
forth in the following pages, you must take action within twenty (20) days after this Complaint
and Notice are served, by entering a written appearance personally or by attorney and filing in
writing with the Court your defenses or objections to the claims set forth against you. You are
warned that if you fail to do so the case may proceed without you and a judgment may be entered
against you by the Court without further notice for any money claimed in the Complaint or for
any other claim or relief requested by the Plaintiff. You may lose money or property or other
rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Court Administrator
4" Floor, Cumberland County Courthouse
Carlisle, PA 17013-3387
(717) 240-6200
VICTORIA HINES. : IN THE COURT Of COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY. PENNSYLVANIA
V.
WINTERS ROOFING and STEVE
WINTERS,
Defendant
No.: 99-7168 Civil
Civil Action at Law
Compulsory Arbitration
NOTICIA
USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las
demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de
los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando
personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por
escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le
advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede
proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier
otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la
Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos
importantes para usted.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO
INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A
UNO, LLAME 0 VAYA A LA SIGUIENTE OFICINA PARA AVERIGUAR DONDE PUEDE
ENCONTRAR ASISTENCIA LEGAL.
Court Administrator
4"' Floor, Cumberland County Courthouse
Carlisle. PA 17013-3387
(717) 240-6200
VICTORIA HINES,
Plaintiff
V.
WINTERS ROOFING and STEVE
WINTERS,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No.: 99-7168 Civil
Civil Action at Law
Compulsory Arbitration
COMPLAINT
Comes now, Plaintiff, Victoria [lines, by and through her attorneys, the offices of
Shumaker Williams, P.C., and respectfully files this Complaint and in furtherance thereof states
as follows:
Plaintiff is Victoria Hines, an adult individual, residing at 138 Wesley Drive,
Mechanicsburg, Pennsylvania 17055.
2. Defendant is Steve Winters, t/d/b/a Winters Roofing with an address at 6235
Hayden Court, Mechanicsburg, Pennsylvania 17055.
On or about May 8, 1999, Defendant submitted a proposal to Plaintiff for roofing
work at Plaintiffs residence. A true and correct copy of said proposal is attached hereto and
incorporated herein as Exhibit "A".
4. On or about June 8, 1999, Plaintiff accepted the proposal with work to begin
either the first or second weekend in July of 1999.
5. On or about July 10, 1999, Plaintiff contacted the Defendant and inquired when
the roofing job would commence.
6. At that time Defendant stated that the work would commence within a couple of
weeks.
On or about July 15, 1999, Defendant received a check from the Plaintiff in the
amount of $1,221.50 for the commencement of the work. A true and correct copy of said check
is attached hereto and incorporated herein as Exhibit "B".
8. On or about September 1, 1999, Plaintiff contacted Defendant and left a message
with the Defendant that if the work was not going to be commenced soon, Plaintiff requested a
return of the monies provided Defendant on July 15, 1999.
9. On or about September 2, 1999, Defendant called Plaintiff and stated that he
would check with his supplier to determine whether a return of the monies paid on July 15, 1999
could be obtained and the job cancelled.
10. On or about September 2, 1999, Defendant called Plaintiff and stated that he
could not get the money back from the supplier and that he would be at Plaintiffs residence to
begin the roofing job at 6:30 a.m. on September 4, 1999.
11. On or about September 4, 1999, at approximately 9:20 a.m., Defendant arrived at
Plaintiffs residence to begin work pursuant to the proposal.
12. Shortly after the time Defendant commenced work on the roof, materials were
delivered to Plaintiffs residence by R.F. Pagers and Co.
13. Defendant and his crew worked on Plaintiff's roof until approximately 10:30 a.m.
when Defendant informed Plaintiff that an additional seven (7) to nine (9) sheets of plywood
would be needed for the roofing and that he and his crew would return after it stopped raining.
However, at the time there was no rain.
14. Defendant did not return later that day.
15. At 4:50 p.m, on September 4, 1999, Plaintiff contacted Defendant and left a
n r.Al
message inquiring whether Defendant intended to complete the roofingjob or whether another
contractor should be retained to complete the project.
16. Within an hour of said message, Defendant and an associate went to Plaintiffs
residence and retrieved numerous roofing materials, supplies and tools from Plaintiff's backyard
and left the premises.
17. Defendant did not secure or did not adequately secure the roof to keep the
elements out from the interior of the property before he left Plaintiffs residence. Photographs of
the exposed roof are attached hereto and incorporated herein as Exhibit "C".
] 8. On or about September 16, 1999, hurricane Floyd caused heavy rain to seep
through the roof which was left exposed by Defendant causing damage to the kitchen [ceiling
and attic] Floor of Plaintiffs residence.
19. As a direct and proximate cause of the Defendant's negligence in not securing
Plaintiff's roof from the elements, damages in the amount of $250.00 were sustained to
Plaintiff's kitchen. A true and correct copy of the work order to repair the damage to Plaintiffs
kitchen is attached hereto and incorporated herein as Exhibit "D".
20. The Plaintiff and Defendant entered into a contract to complete roofing work at
Plaintiffs residence in accordance with the proposal attached hereto and incorporated as Exhibit
"A"
21. Plaintiff provided the down payment of $1,221.50 pursuant to the proposal.
22. Defendant breached the aforesaid proposal by not commencing, completing or
securing the project with due diligence, competence, or in a good and workmanlike manner.
21 Plaintiff was forced to obtain a substitute contractor at a cost of $2,800.00 as
detailed in Exhibit "E" attached hereto and incorporated herein.
24. On or about September 15, 1999, Defendant initiated a civil complaint with
District Justice Charles Clement's office for the balance of the aforesaid contract of $1,221.50.
25. On September 28, 1999, Plaintiff counter sued Defendant at the District Justice
level.
26. On September 16, 1999, Judgment was entered for Plaintiff on her counter claim
and against Defendant on his claim.
27. On November 29, 1999, Defendant appealed the District Justice judgment and
issued a rule on Plaintiff to file a Complaint in this matter.
28. As a direct and proximate result of Defendant's breach of the aforesaid proposal
and Defendant's negligence, Plaintiff has incurred damages as follows:
A. Repair to Plaintiffs kitchen due to Defendant leaving the roof in a state
which would allow the elements of weather to enter Plaintiffs residence.
Said amount of $250.00 is detailed on Exhibit "D" attached hereto and
incorporated herein.
B. Plaintiff paid Defendant the amount of $1,221.50 as a deposit on a total
contract price with the Defendant of $2,443.00. Plaintiff was forced to
obtain the services of an additional contractor as provided on Exhibit "E"
attached hereto and incorporated herein. Said contractor charged Plaintiff
the amount of $2,800.00. Plaintiff is entitled to the return of the deposit
paid to Defendant in the amount of $1.221.50 together with the difference
in cost between Defendant's contract and Plaintiffs substitute contract
($2,800.00 - $2,443.00 = $357.00) for a total of $1,578.50.
C. Plaintiff is entitled to the cost associated with the District Justice counter
claim in the amount of $25.00.
WHEREFORE, Plaintiff demandsjudgment against the Defendant in the amount of
$1,853.50 together with any additional amounts this court deems proper.
Respectfully submitted,
WILLIAMS, P.C.
Dated: I ?' I (J7" CI By. , l: ( P.
nihnh .. . c '_ .D. 455895
P. O. Box 88
Harrisburg, PA 17108
(717) 763-1121
Attorneys for Plaintiff
rrcuru5aL jo
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We hereby propose to
PROPOSAL NO.
SHEET NO.
DATE (:q ,j
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and perform the labor necessary for the completion of to be
the
cified, and
as sp
work to be All materriabmit?tedrfor above work andecompleted in a sb bove stant al workman) ke man neraforothensum fh the drawings
.-r iii! I .-! ..,IrLl1:C.?c' ?_j i._'. ?/? •r.(..l
with payments to be made as follows.
:..\`t`
_? ?? Aespectfully submittf
/(1) 1 t _ y
alle'ration/l_ or tlei ? rt2ImIm abov2 specifications involving extra costs P
2y
will be executed only upon written order, and will become an extra charge
over and above the estimate. All agreements contingent upon strikes, ac-
cidents. or delays beyond our control.
Note-This proposal may be withdrawn
by us if not accepted within days.
P. t+^ NC 3818-50 Proposal
MACE IN USA
EXHIBIT "A"
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Check 000000000 Routing 03130142 Acct 00000361979058 Amount 1221.50
EXHIBIT "B"
Gv,??,pM.S?wn/ GFFI? 7?7)?Y7-7t't?/
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PROPOSAL
PROPOSAL NO.
SHEET NO, f
DATE 6d /q?
we Here y propose to furnish the atenala and perform the labor necessary for the completion of
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All material is guaranteed to be as specified, and the above work to be Par iod In nccordonco with the drawings
and specifications submitted for above work and cc ted in a substantial workmanlike manner for the sum of
Uallnre 1$ z?? )
with paym n s to be made as Iollo ?
Arty ellerelbnaaeWtian lmm etww epetllratlane lmdwna e.tre cosh Respectfully submit G'?
ted_
will" e.aptw anh a wnttena ,. erW will Cecome an extra U ,a
Over am z( N eetnnete. All agwmpnte cwt.n m 1 et„ke,
ac<W
ennft, a 0 Wp o Yr our caatr
Per _
??? Note - This proposal may be withdrawn
by us if not accepted within days
ACCEPTANCE OF PROPOSAL
The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified.
Payments will be made as outlined above.
Signature
ERIIIRIT 111)11
PROPOSAL SUBMITTED TO:
WORK TO BE PERFORMED AT:
E/l/TZ 6C- ,' 1, PROPOSAL
//?/ PROPOSAL
W NO ? :.
20?P . /?lf}IlG?i7- r I > , a
/-r SHEET NO.
W III ?Y"CS I W y ?d ?/ Cj DATE 7
PROPOSAL SUBMITTED TO: WORK TO BE PERFORMED AT:
NAME
f4ij'&- ADDRESS
-
AD /? A R ?O ^• CITY, STATE -'
CITYY, , STA STAT/E ?/
PHONE NO. y?5/? ARCHITECT
We hereI b??ggropose to furnish the materials and perform the labor necessary for the completion of
All material Is guaranteed to be as specified, and the above work to be performed In accordance with the drawings
and specifications submitted for above work and completed in a bstantial workmanlfk manner for the sum of
7-pad ?''°Q s v r
it
yments to be made as i follows ?.,r? .% _I f$ 2 ado
Arty alteration or dedalgn from ebave apadKalipns lmolvirlp axlm mats Respectfully submitted
will be Oxemled only upon written Order, Bnd will bete" an extra a rae
" end abe"a lbe ealiteete. All eeraemenb cpntlnaenl Open eMMpe,
accidents, w delays beyond our central Per
Note - This proposal may be withdrawn
by us if not accepted within davs
The above prices, specifications and conditions are satisfactory and arehee hereby
F
accepted. You are authorized to do the work as specified.
Payments will be made as outlined above.
Signature
EXHIBIT ^E"
VERIFICATION
COMMONWEALTH OF PENNSYLVANIA
f : SS.
COUNTY OF &vL%6 P/A4
I hereby verify that the statements of fact made in the foregoing Complaint are true and
correct to the best of my knowledge, information and heliel'. I understand that any false
statements therein are subject to the penalties contained in 18 Pa. C.S. 0 4904, relating to
unsworn falsification to authorities.
Victoria Hines
:102618
CERTIFICATE OF SERVICE
I, Anthony J. Foschi, Esquire, of the law firm of Shumaker Williams, P.C., hereby certify
that I served a true and correct copy of the foregoing Complaint on this date by depositing a copy
of the same in the possession of the United States mail, first-class, postage prepaid, addressed as
follows:
Winters Roofing and
Steven Winters
6235 Haydon Court
Mechanicsburg, PA 17055
Dated: O-UO- 111 By:
P. 0. Box 88
Harrisburg, PA 17108
(717) 763-1121
VICTORIA HINES,
Plaintiff
V.
WINTERS ROOFING and
STEVE WINTERS,
Defendant
ANSWER TO COMPLAINT AND COUNTERCLAIM
ANSWER TO COMPLAINT
AND NOW, this 4th day of January, 2000, comes Defendant Steve Winters t/d/b/a Winters
Roofing and Answers the Complaint as follows:
Admitted.
2. Admitted.
3. Admitted.
4. Admitted in part and denied in part.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-7168 CIVIL
CIVIL ACTION AT LAW
Admitted that Plaintiff accepted the proposal.
Denied that work was to begin the first or second weekend in July of 1999. On the contrary work
5. Denied. It is denied that on or about July 10,1999 Plaintiff contacted the Defendant
and inquired when the roofing job would commence. On the contrary Plaintiff canceled the starting
was to commence on July 19, 1999.
date of July 19, 1999 because she was afraid the work would disturb her dog.
6. Denied. It is denied that at that time Defendant stated that the work would commence
within a couple of weeks. On the contrary Defendant never made said statement, Plaintiff canceled
h_1
the starting date of July 19, 1999.
7. Admitted.
8. Admitted in part and denied in part. Denied that Plaintiff indicated that she wanted
the work to be commenced soon. On the contrary she indicated she wanted it commenced on Labor
Day Weekend. Admitted that Plaintiff left a message indicating that if the work was not
commenced by Labor Day Weekend, she wanted her money back.
9. Admitted.
10. Admitted in part and denied in part. Denied that Defendant stated that he would be
at Plaintiff's residence to begin the roofing job at 6:30 A.M. on September 4, 1999. On the contrary
Defendant never indicated a starting time for the work to commence on September 4,1999.
Admitted that on or about September 2,1999, Defendant called Plaintiff and stated that he could not
get the money back from the supplier and that he would be at Plaintiffs residence to begin the
roofing job on September 4, 1999.
11. Denied that on or about September 4, 1999 at approximately 9:20 A.M. Defendant
arrived at Plaintiffs residence to begin work pursuant to the proposal. On the contrary Defendant
arrived at Plaintiffs residence at approximately 9:00 A.M. to commence work.
12. Admitted.
13. Denied. It is denied that Defendant and his crew worked on Plaintiffs roof until
approximately 10:30 A.M. when Defendant informed Plaintiff that an additional seven (7) to nine
(9) sheets of plywood would be needed for the roofing and that he and his crew would return after
1)
it stopped raining. On the contrary Defendant and his crew worked until 2:30 P.M. on September
4, 1999. Defendant never stated that an additional seven (7) to nine (9) sheets of plywood would
be needed for the roofing. On the contrary Defendant indicated that he and his crew would be back
the next day to resheet the roof with one-half inch plywood. Defendant never indicated that he and
his crew would return after it stopped raining. On the contrary he indicated that he and his crew
would return the following day.
14. Admitted. Admitted that Defendant and his crew did not return after leaving the job
site at 2:30 P.M. on that date.
15. Denied. It is denied that at 4:50 P.M. on September 4, 1999, Plaintiff contacted
Defendant and left a message inquiring whether Defendant intended to complete the roofing job or
whether another contractor should be retained to complete the project. On the contrary Plaintiff left
a message with Defendant on that date indicating that another contractor would complete the work
and he was to pick up his equipment and materials from the job site. By this message Plaintiff
breached the agreement between the parties.
16. Admitted in part and denied in part. Admitted that on September 4,1999 Defendant
and an associate went to Plaintiff's residence and retrieved numerous roofing materials and tools
from Plaintiff's backyard and left the premises. Denied that Defendant retrieved his materials from
the backyard; Plaintiff had placed them inside her house.
17. Denied. It is denied that Defendant did not adequately secure the roof to keep the
elements out from the interior of the property before he left Plaintiffs residence. It is denied that
Exhibit C accurately depicts the condition of the roof as it existed when Defendant left it. On the
contrary Defendant dried the roof in with felt paper on September 4, 1999. Defendant left the roof
in a condition with shingles on it, felt paper and nails and a drip edge. Defendant did no work on
the shingles on the roof above the kitchen. This area of the roof was left in the condition which
existed prior to September 4,1999. Defendant did adequately secure the roof to keep the elements
out from the interior of the property, when he left it, in the area where he performed work.
Plaintiff's photographs do not accurately depict the condition of the roof as Defendant left it.
18. Denied. It is denied that on or about September 16,1999, Hurricane Floyd caused
heavy rain to seep through the roof which was left exposed by Defendant causing damage to the
kitchen [ceiling and attic] floor of Plaintiffs residence. On the contrary defendant has no
knowledge as to the damage caused to Plaintiff's house by Hurricane Floyd and strict proof thereof
is demanded at trial. Further, Defendant did not leave any part of Plaintiffs roof exposed to the
elements when he left on September 4, 1999.
19. Denied. It is denied that as a direct and proximate cause of Defendant's negligence
in not securing Plaintiffs roof from the elements, damages in the amount of $250.00 were sustained
to Plaintiffs kitchen. Denied that a true and correct copy of the work order to repair the damage
to Plaintiffs kitchen is attached hereto and incorporated herein as Exhibit "D". Defendant has no
knowledge as to the damage caused to Plaintiffs house by Hurricane Floyd and strict proof thereof
is demanded at trial. Further, Defendant did secure Plaintiff's roof from the elements and was not
negligent in this regard. Further, Defendant has no knowledge as to whether Exhibit "D" accurately
4
Al
shows work performed on Plaintiffs property and strict proof thereof is demanded at trial. Said
alleged work order is unsigned.
20. Admitted.
21. Admitted.
22. Denied. It is denied that Defendant breached the aforesaid proposal by not
commencing, completing or securing the project with due diligence, competence, or in a good and
workmanlike manner. On the contrary Defendant did not breach the contract but Plaintiff breached
he contract by informing Defendant that another contractor would complete the work and ordering
Defendant to remove his equipment and materials from the premises. Defendant secured the
property as stated in Paragraph 17 of this Answer. Defendant commenced the project on September
4, 1999, by tearing off three-quarters of the shingles from the roof. Defendant performed this work
in a good and workmanlike manner. Defendant did not complete the work because he was ordered
to stop work.
23. Denied. It is denied that Plaintiff was forced to obtain a substitute contractorat a cost
of $2800.00, as detailed in Exhibit "E" attached hereto and incorporated herein. On the contrary
Plaintiff breached the contract by ordering the Defendant to stop work. Defendant has no
knowledge as to why Plaintiff obtained a substitute contractor and strict proof thereof is demanded
at trial. Defendant has no knowledge as to the cost of the substitute contractor and strict proof
thereof is demanded at trial. Defendant has no knowledge of the accuracy of Exhibit "E" and strict
proof thereof is demanded at trial. Exhibit "E" is unsigned.
5
24. Admitted.
25. Admitted.
26. Admitted. Judgement was entered because Defendant failed to appear for the
scheduled hearing.
27, Admitted.
28, Denied. It is denied that Defendant has breached said contract. On the contrary
Plaintiff breached the contract by informing Defendant that she intended to have someone else
complete the job and ordering Defendant to retrieve his material and equipment from the premises
on September 4, 1999.
28 A. Denied. It is denied that Plaintiff has incurred damages for repair to the kitchen due
to Defendant leaving the roof in a state which would allow the elements of weather to enter
Plaintiffs residence. Denied that said damages are $250.00. On the contrary said averments are
denied for the reasons stated in Paragraph 19 of this Answer.
28 B. Admitted in part and denied in part. Admitted that Plaintiff paid Defendant the
amount of $1221.50 as a deposit on a total contract price with the Defendant of $2443.00. All of
the remaining averments of Paragraph 28 B are denied for the reasons stated in paragraph 23 of this
Answer. Further, Plaintiff is not entitled to any money damages since Plaintiff breached the contract
by indicating that she intended to hire another contractor and that Defendant was to retrieve his
equipment and materials. Because of Plaintiff's breach Defendant is entitled to the full amount of
the contract, $2443.00. Because of the breach Plaintiff is not entitled to a return of the deposit.
6
28 C. Denied. Plaintiff is not entitled to the cost of the District Justice Counterclaim
because Plaintiff breached the contract between the parties as previously indicated in this Answer.
WHEREFORE, Defendant requests that Plaintiffs Complaint be dismissed and judgment
entered in favor of the Defendant for $2443.00, plus costs.
DEFENDANT'S COUNTERCLAIM
AND NOW, this 4th day ofJanuary, 2000, comes the Defendant and files this Counterclaim
and, in support thereof, avers as follows:
29. Defendant incorporates by reference Paragraphs I through 28 of the preceding
Answer to Counterclaim as if said averments were fully set forth at length herein.
30. On or about June 8, 1999 the parties entered into an agreement for roofing work to
be performed by Defendant at Plaintiffs home. Said agreement is attached to the Complaint as
Exhibit "A".
31. On or about July 15, 1999 Plaintiff paid Defendant $1221.50 towards said work.
32. On September 4,1999, Defendant and his crew commenced the agreed-upon roofing
work by working for 5'/e hours on Plaintiffs roof.
33. At said time Defendant's crew tore off three-quarters of the shingles from the roof
and dried in the roof with felt paper.
34. At 2:30 P.M. on said date Defendant and his crew left said premises because it was
raining to return the following day and left their tools and materials on the premises.
35. At approximately 4:30 P.M. on September 4, 1999, Plaintiff telephoned Defendant
and left a message informing him that another crew was to complete the roofing work and he was
to return to the site and retrieve his tools and materials.
36. Following the receipt of said message, Defendant and an associate went to the job
site and retrieved their tools and materials.
37. By said telephone message to Defendant on September 4, 1999, Plaintiff breached
said contract by unjustly canceling it and Defendant is entitled to the balance of the contract monies,
$1221.50, for said breach.
38. On September 15, 1999, Defendant instituted a Breach of Contract action before
District Justice Clement for $1221.50, as indicated.
39. Defendant appealed the District Justice's decision which resulted in the instant civil
action.
WHEREFORE, Defendant requests judgment against Plaintiff in the amount of $1221.50,
plus costs.
January 4, 2000 Me
Peter B. Foster
Attorney for Defendant
Pinskey & Foster
121 South Street
Harrisburg, PA 17101
(717)234-9231
VERIFICATION
1, Steve Winters, verify that the statements made in the foregoing Defendant's Answer
to Complaint and Counterclaim are true and correct to the best of my information, knowledge
and belief. I understand that false statements made herein are made subject to
Pa.C.S.A.§4904 relating to unswom falsification to authorities.
Date:L-Y.JO_oU
Steve Winters
CERTIFICATE OF SERVICE
I hereby certify that on this date, January 5, 2000, 1 served a copy of the foregoing Answer
to Complaint and Counterclaim on the Plaintiff by mailing said copy by U.S. Mail at Harrisburg,
PA to the Attorney for the Plaintiff at the following address:
Anthony J. Foschi, Esquire
Shumaker Williams, P.C.
PO Box 88
Harrisburg, PA 17108
January 5, 2000
Peter B. Foster
Attorney for Defendant
i ,
il_l
WINTERS ROOFING and STEVE
WINTERS, Plaintiff on District Justice
Complaint and Defendant on Cross
Complaint
V.
VICTORIA HINES, Defendant on
IN TIME COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No.: 99-7168 Civil
Civil Action at Law
District Justice Complaint and Plaintiff on Compulsory Arbitration
Cross Complaint
ANSWER TO COUNTERCLAIM
29. This is a paragraph of incorporation, thus, no responsive pleading is required. To
the extent a responsive pleading is required and are hereby denied pursuant to PA R.C.P.
§1029(d).
30. Admitted.
31. Admitted.
32. Admitted in part and denied in part. It is admitted that Plaintiff Defendant
commenced work on Plaintiffs roof on September 4, 1999. It is specifically denied that
Defendant and his crew worked 5 % hours on Plaintiffs roof.
33. Denied. It is specifically denied that Defendant's crew tore off three quarters of
the shingles from the roof and dried in the roof with felt paper.
34. Denied. It is specifically denied that Defendant and his crew left at 2:30 p.m. and
that it was raining at the time they left the premises. By way of further answer, Defendant and
his crew left at approximately 11:30 a.m. and it was not raining at the time Defendant and his
crew left the premises.
35. Denied. It is specifically denied that Plaintiff telephoned Defendant and left a
message informing him that another crew was to complete the rooting work and that he was to
return to the site and retrieve his tools and materials. Plaintiff hereby incorporated Paragraphs 15
and 16 of her Complaint.
36. Admitted.
37. Denied. This paragraph is a conclusion of law to which no responsive pleading is
required. To the extent a responsive pleading is required, the same is specifically denied.
38. Admitted.
39. Admitted in part and denied in part. It is admitted that Defendant appealed the
Plaintiffs Counterclaim in the District Justice action. It is specifically denied that Defendant
appealed his action from the District Justice which was decided in favor of the Plaintiff in his
Complaint.
WHEREFORE, Plaintiff, Victoria Hines, respectfully requests that this I lonorable Court
enter judgment in her favor and against Defendant, Winter's Roofing and Steve Winter, in the
amount of $1,853.50 together with interest and costs and any other relief that this Court deems to
be appropriate.
Respectfully submitted,
Dated: 1/26/2000 By:
Attorneys for Plaintiff
Anthony J. Foschi, I.D. #55895
P. O. Box 88
Harrisburg, PA 17108
(717) 763-1121
VERIFICATION
COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF
I hereby verify that the statements of fact made in the foregoing Answer to
Counterclaim are true and correct to the best of my knowledge, information and belief. I
understand that any false statements therein are subject to the penalties contained in 18 Pa.
C.S. § 4904, relating to unsworn falsification to authorities.
Victoria Hines
:104079
CERTIFICATE OF SERVICE
I, Anthony J. Foschi, Esquire, of the law firm of Shumaker Williams, P.C., hereby certify
that I served a true and correct copy of the foregoing Complaint on this date by depositing a copy
of the same in the possession of the United States mail, first-class, postage prepaid, addressed as
follows:
Peter B. Foster, Esquire
PINSKY & FOSTER
121 South Street
Harrisburg, PA 17101
Dated: 1/26/2000 By:
P. O. Box 88
Harrisburg, PA 17108
(717) 763-1121
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