HomeMy WebLinkAbout99-07426
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ROBERT J. HOFMANN t/d/b/a
MARHOFF DESIGNER HOMES,
Plaintiff
V.
THOMAS AND KY COLESTOCK,
Defendants
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 9- 7y.? (o CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
NOTICE TO DEFEND
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, order and
notice are served, by entering a written appearance personally or by attorney and by tiling 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
Cumberland County Courthouse
1 Courthouse Square
Carlisle, Pennsylvania 17013
(717) 240-6200
Americans with Disabilities
Act of 1990
The Court of Common Pleas of Cumberland County is required by law to comply with
the Americans with Disabilities Act of 1990. For information about accessible facilities and
reasonable accommodations available to disabled individuals having business before the court,
please contact our office. All arrangements must be made at least 72 hours prior to any hearing
or business before the court. You must attend the scheduled conference or hearing.
ROBERT J. HOFMANN t/d/b/a
MARHOFF DESIGNER HOMES,
Plaintiff
V.
THOMAS AND KY COLESTOCK,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. g9. ,j .26 CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
COMPLAINT
AND NOW COMES the Plaintiff, Robert J. Hofmann, by and through his attorneys,
Irwin, McKnight & Hughes, to make the following Complaint, and in support thereof avers as
follows:
1. Plaintiff, Robert J. Hofmann t/d/b/a MarHoff Designer Homes (hereinafter
sometimes referred to as "Hofmann") is a Sole Proprietorship, with its principal place of business
located at 621 Wildwood Road, Carlisle, Cumberland County, Pennsylvania 17013.
2. Defendant, Thomas and Ky Colestock (hereinafter sometimes referred to as
"Colestock") are adult individuals currently residing at 15 Downing Street, Carlisle, Cumberland
County, Pennsylvania 17013.
3. On or about April 25, 1998, a construction agreement (hereinafter referred to as
"Agreement") was entered into by the parties for the construction of a new home located at 15
Downing Street, Carlisle, Cumberland County, Pennsylvania, (hereinafter referred to as
"Property") in exchange for payment in the amount of Two Hundred Thirty-Two Thousand Two
d. I
Hundred Ninety-Four and 80/100ths ($232,294.80) Dollars. A copy of said Agreement is
attached hereto as Exhibit "A" and incorporated herein by this reference.
4. Pursuant to paragraph 3, the Agreement was subject to the allowances provided in
Schedule "C" which was attached to and incorporated by reference thereto into the Agreement.
5. The above mentioned allowances were estimates of the costs (labor and materials)
to be incurred in order to install and/or construct these particular items in the Defendants' home.
Items which the labor costs were considered part of the base contract price were clearly marked
as such. Otherwise, these estimates were for both labor and materials.
6. The essential terms of the Agreement provided that in exchange for labor and
materials provided by Plaintiff, Defendant would remit payment for said services and materials
on the basis of labor and materials used, wherein labor would accrue on an hourly basis.
Plaintiff's hourly charge for a two-man crew is Sixty-One and 00/100ths ($61.00) Dollars per
hour.
7. Plaintiff and Defendant further agreed that during the progress of the construction,
Plaintiff would forward invoices to the Defendant on a regular basis for labor and materials used.
Defendant agreed to make payment pursuant to such invoices as evidenced by his payment of
same.
8. Plaintiff, Bobby Hofmann, began work on said construction on or about June
1998 pursuant to the terms and conditions agreed upon by the parties.
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9. During the course of construction the Defendant, orally requested numerous
changes in design and materials to the items for which allotments were made in the Agreement
and likewise requested numerous extras which were not contemplated in the original Agreement.
In each instance, Plaintiff kept records of the requested changes and extras and of the additional
time and materials spent at request of Defendant in accordance with the numerous changes and
alterations to the original design and plans of the home.
10. Throughout the construction process Plaintiff repeatedly informed the Defendant
that the changes requested and upgraded materials would result in additional costs. Dr.
Colestock was aware of this fact and repeatedly instructed Plaintiff to do whatever work was
necessary to facilitate the requested changes and alterations without regard to increased costs.
11. It was understood between the parties that the Defendant would be responsible for
any additional charges relating to labor and materials used in connection with the above
referenced changes.
12. During the course of construction of the home, Plaintiff forwarded to Defendant
progress invoices for the draws as outlined in Payment Schedule-B of the agreement and for
labor and materials expended in the construction of the allotment and extra items.
13. During the month of June 1998, Plaintiff requested and Defendant paid the initial
draw in the amount of $24,628.17. The second draw in the amount of $57,591.73 was requested
and paid during the month of August 1998.
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14. Subsequently, Plaintiff sent numerous periodic invoices which included billings
for draws as well as time and materials charges for allotment items and extras. Pursuant to these
invoices Defendant made the following payments:
10106198 $43,170.98
11/02/98 $30,025.18
12/31/98 $18,406.72
1/14/99 $51,576.01
1/30/99 $17,243.34
Copies of said invoices are attached hereto as Exhibit "B" and are incorporated herein by
reference thereto.
15. Plaintiff continued its work at the subject property pursuant to the terms of the
Agreement between the parties, and further continued to forward to Defendant invoices for all
labor and materials expended.
16. The invoices forwarded to Defendant by Plaintiff reflected all labor and materials
expended by Plaintiff on the subject property pursuant to the Agreement between the parties.
17. Despite the numerous requested changes by Defendant which necessarily delays
the proposed finish date, work was completed on Defendants' home in early 1999 just two weeks
after the set "move-in" date pursuant to the Agreement.
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18. Plaintiff permitted Defendants to move into the home even before work was
completed or his bill was paid.
19. A bill was sent in late February or early March of 1999 which totaled an
additional Twenty-Seven Thousand One Hundred Fifty-Six and 53/100ths ($27,156.53) Dollars
owing to Plaintiff for services rendered. A copy of said invoice is attached hereto as Exhibit "C"
and incorporated herein by reference thereto.
20. When Plaintiff inquired about payment of the invoice indicated in paragraph 21
above, Defendant notified Plaintiff that this invoice would not be paid until all work was
completed on said property.
21. Even though Defendant was refusing to pay said invoice, Plaintiff agreed to
uphold his word and finish the remaining two items necessary to complete the construction
project.
22. The job was completed by the Plaintiff and requests for payment were made.
23. Despite these repeated requests by Plaintiff for payment pursuant to the parties'
Contract, Defendant has refused payment.
24. As of June 1999, the then current principal amount due and owing by Defendant
to Plaintiff was in the amount of Twenty-Nine Thousand Five Hundred Twenty-Three and
55/100ths ($29,523.55) Dollars this included the final invoice for $2,315.18 which was
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forwarded to Defendant on or about June 7, 1999 which is attached hereto as Exhibit "D" and
incorporated herein by reference thereto.
J COUNT 1- BREACH OF CONTRACT
25. Paragraphs one (1) through twenty-four (24) are hereby incorporated by reference
as though the same were more fully set forth herein.
26. On or about April 25, 1998, a construction agreement was entered into by the
parties for the construction of a new home located at 15 Downing Street, Carlisle, Cumberland
County, Pennsylvania.
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27. Pursuant to paragraph 3, the Agreement was subject to the allowances provided in
Schedule "C" which was attached to and incorporated by reference thereto into the Agreement.
28. The above mentioned allowances were estimates of the costs (labor and materials)
to be incurred in order to install and/or construct these particular items in the Defendants' home.
Items which the labor costs were considered part of the base contract price were clearly marked
as such. Otherwise, these estimates were for both labor and materials.
29. The essential terms of the Agreement provided that in exchange for labor and
materials provided by Plaintiff, Defendant would remit payment for said services and materials
on the basis of labor and materials used, wherein labor would accrue on an hourly basis.
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30. Plaintiff and Defendant further agreed that during the progress of the construction,
Plaintiff would forward invoices to the Defendant on a regular basis for labor and materials used.
Defendant agreed to make payment pursuant to such invoices.
31. As of June 1999, Plaintiff had submitted invoices to Defendant totaling a then
outstanding amount due of Twenty-Nine Thousand Five Hundred Twenty-Three and 55/100ths
($29,523.55) Dollars which remain unpaid. Furthermore, Defendant has continued to be
delinquent to the present date by failing to remit any further payment pursuant to invoices
submitted to Defendant by Plaintiff.
32. Defendant has breached said Agreement by refusing to make payments pursuant
to the terms of the Contract between the parties, and owing an outstanding overdue principal
balance due of Twenty-Nine Thousand Five Hundred Twenty-Three and 55/100ths ($29,523.55)
Dollars plus applicable interest.
33. At all times prior to June 1999, Plaintiff timely and satisfactorily provided labor
and materials in compliance with the terms and conditions of the Contract between the parties.
34. By failing to make payment to the Plaintiff, the Defendant has breached its
fiduciary, contractual and statutory obligations to the Plaintiff.
35. The current principal balance outstanding is Twenty-Nine Thousand Five
Hundred Twenty-Three and 55/100ths ($29,523.55) Dollars.
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36. As a result of the aforementioned breach and Defendant's refusal to compensate
Plaintiff under the payment terms of the Contract, Plaintiff has suffered actual damages in the
amount of Twenty-Nine Thousand Five Hundred Twenty-Three and 55/100ths ($29,523.55)
Dollars, plus applicable interest.
WHEREFORE, Plaintiff, Robert J. Hofmann, demands judgment against Defendants,
Thomas and Ky Colestock, pursuant to the aforementioned Contract between the parties in the
amount of $29,523.55, together with interest, court costs, attorney's fees and such other relief as
this Court deems fair, just and proper.
COUNT II - UNJUST ENRICHMENT
37. Paragraphs one (1) through thirty-six (36) are hereby incorporated by reference as
though fully set forth herein.
38. Plaintiff conferred a benefit upon the Defendant in the form of constructing a
home on that property located at 15 Downing Street, Carlisle, Cumberland County, Pennsylvania
for the general use and ownership by said Defendant.
39. Defendant requested and orally contracted with the Plaintiff for the constructing a
home on said property and, at all times during Plaintiffs endeavors, Defendant knew and was
aware of such work being undertaken by the Plaintiff.
40. Defendant has failed to timely and satisfactorily remit full payment to Plaintiff for
services and materials rendered in the constructing a home on said property.
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41. Defendant received the full benefit of those services and materials rendered by the
Plaintiff and currently continues to use and enjoy the benefits of the work completed by the
Plaintiff in the course of its business activities.
42. Defendant has been unjustly enriched by receiving the full benefit of the work
completed by the Plaintiff, by having the use and enjoyment of such work completed, and by
failing to remit to the Plaintiff full payment for such services rendered.
WHEREFORE, Plaintiff, Robert J. Hofmann, demands judgment against Defendant,
Thomas and Ky Colestock, in the amount of $29,523.55, together with interest, court costs,
attorney's fees, and such other relief as this Court deems fair, just and proper.
Respectfully submitted,
IRWIN, cKNIG & HUGHES
By:
Mark D. Schwartz, Esquire
Supreme Court I.D. No. 70216
60 West Pomfret Street
Carlisle, Pennsylvania 17013
(717) 249-2353
Attorney for the Plaintiff,
Robert J. Hofmann
Date: December L? 1999
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VERIFICATION
I have read the statements made in the foregoing document and they are true and correct
to the best of my knowledge, information and belief. I understand that false statements herein
made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unswom falsification
to authorities.
ROBERT I
Date: December 16 , 1999
,.w!°:MA
EXHIBIT "A"
CONSTRUCTION AGREEMENT
THIS AGREEMENT, entered into zh-
A-yO 1996, by and net'- 203E J-
Homes, MarHoff Jesigrer Homes, of 621 Roa'
HOFMAN't1, t/d;-'b/
ed " r and
Carlisle, 2ennsylvar:ia, hereinafter 'all Cca_ra
-rf; tit k Y e o - s-r?'
PA -
3-
of - ;2,4
hereinafter ,Owner
'•e Contractor and owner, for the
idITNESScTH, t'na= '•
c as fol_o.:
considerate-On•s hereinafter stated, covenant and a_
_ contract-r• shall erect or. 0'+rner's land, said 'and rein=
WT l 3 i`Jtt ?NC(1JLr?( EST6Pf?S - (cIVCo)1 it_?. a???
located at - -
0 pF ? in accorda::..:e wits
a ?10'
Schedule "A" a :d , ncorcc:';.•
t:: as
Spec if:_tations attached here
herein by ='eference thereto.
Owner .. --s to
2, ?. consideration of said corstruction, .
Z
pay L2gt{ . ? said sum to be paid
CortYectoy the snT of S 23
set forth on Schedule "B" attaci:ed lne='etc and
_?r=meats as
.,
incorporated kerein by reference thereto.
I _ tf:E llcwances a2.
B. .:..3 4?-Yee Tent 5}:a:1. FJe = 9! YJC._
and ?':-or-;::rat''d [n,
Provide 1n Schedule "r" attached beret"
?reference thereto.
V Any changes in this Agreement or the specifications of
construction shall not be valid except upon written order signed
by the Owner and Contractor,
5. The Contractor shall be considered as an independent
contractor in respect to that part of the work in said
construction which he has undertaken to do and perfc_•:r, and that
he shall be answerable only for any loss or damage caused by the
Contractor or his subcontractors, agents or employees, and he
agrees to fully defend, indemnify and hold the Owner harmless
from all claims for bodily injury and property damage (other than
to the work itself) to the extent of the negligence attributed to
such acts or omissions by the Contractor, his subcontractors,
agents or employees. The Contractor shall not be required to
defend, indemnify or hold harmless the owner for any acts,
omissions or negligence of the owner, Owner's employees or
agents, or separate contractors. OVf F
W F.,e fzoAra)
C Ns' "LTCo&J Lblt(OL-42i
6. Construction shall commence by 1 I!?-- ?F rocay
'f'P?,M `T 5 ? SS LA.Ir- 11
and Contractor shall, unless prevented by acts of Cod or
extraordinary weather conditions, complete construction on or
before / I got -n4 S F(ZO M bATr FK GAyAT t h-) OF I {7TtisE
ee-6-L NS
7. Contractor shall warrant the work done by Contractor and
his subcontractors; agents and employees for a period of one (1)
year from cor.,5_etion of the contract, provided, however, that
nothing herein shall limit the man--facturers warranties
pertaining to appliances, equipment and materials used in
construction. The Contractor's warranty excludes remedy for
damage or defect caused by abuse, improper or insufficient
maintenance, improper operation, or normal wear and tear under
normal usage.
c• Possession of the completed structure shall not be
delivered to Owner until it is totally complete and until Owner
has paid Contractor his full contract price plus any additional
compensation for additions to the contract, and minus deductions
from the contract price for deletions or substitutions agreed to
by the parties hereto.
9. Owner shall purchase and maintain all risk property
insurance upon the entire work at the site to full insurable
value thereof. The policy shall include the interests of the
Owner, the Contractor, and his subcontractors in the work and
shall insure against the perils of fire and extended coverage and
physical loss or damage including theft, vandalism and malicious
mischief. The Owner shall file a copy of each policy with the
Contractor before an exposure or loss may occur. Each pol'_cy
shall contain a provision that the policy will not be canceled or
allowed to expire until at least thirty (30) days' prior written
notice has been given to the Contractor. The owner shall
purchase and maintain the Owner's usual liability insurance.
The Contractor and his subcontractors shall purchase and
maintain workmen' compensation insurance and general liability
insurance with limits acceptable to the Owner and in accordance
with all applicable laws and statutes of the Commonwealth of
Pennsylvania.
N -1
10. Contractor will pay the expense of securing temporary
electrical service to be used during construction and shall be
responsible for the costs of electrical usage during
construction.
11. Owner agrees to pay any additional costs for eauipment
time and blasting for the removal of rock during excavation and
ditching above and beyond the allowance as provided in Schedule
"C" hereof.
12. Contractor shall not be responsible for delays in
construction because of extraordinary weather or unanticipated
work stoppages in suppliers of materials, or other extraordinary
circumstances to the extent any of the foregoing are beyond his
control. In the event that any specified material, fixture or
service (other than allowanced items) becomes unavailable, it is
agreed t!.at a substitution or deletion of the specified material
or fixture with a corresponding increase or decrease in contract
price may be made.
13. Any delay caused by the owner or agents of the Owner for
more than a total sixty (60) days without the written consent of
the Contractor shall constitute a breach of this Agreement, and
the owner shall then be liable for services rendered and
materials furnished which shall be payable upon demand.
14. If tl:e Contractor defaults or persistently fails or
neglects to carry out the work in accordance with this Agreement,
the Owner may, after ten (10) days' written notice to the
Contractor and without prejudice to any other remedy the Owner
may have, make good such deficiencies and may deduct the costs
thereof from the payment then or thereafter due the Contractor.
Alternatively, at the Owner's option, the Owner may terminate the
contract and take possession of the site, and may finish the work
by whatever method the Owner may deem expedient. If the unpaid
balance of the contract price exceeds costs of finishing the
work, such excess shall be paid to the Contractor, but if such
costs exceed such unpaid balance, the Contractor shall pay the
difference to the Owner.
15. The Contractor shall permit and facilitate inspection of
the work by the Owner and public authorities at all reasonable
times.
16. -he Owner shall secure and pay for necessary approval,
permits, easements, assessments and charges required for the
construction, use or occupancy of permanent structures or
permanent changes in existing facilities, except for the building
permit, which will be paid for by the Contractor.
17. :f required as a condition for construction financing by
Owner's lender, Contractor agrees to execute a stipulation
against mechanics' liens.
18. This Agreement shall be binding upon the parties hereto,
their heirs, executors, administra=ors and assign.
IN WITNESS WHEREOF, the parties hereby exec-ice this
Agreement the day and year first above written.
MARHOFF DESIGNER HOMES
4/ZCr?
4U13. /
By:
Robert J. fmann
CONTRACTOR
OWNER
Bobby Hofmann
Margo Hofmann
NApHOFF D¦VWM HOMES
621 Wildwood"
Carlisle, PA 17013
Phone and Fax
1.717-249.3222
TO: TOM RNO KY COLESTOCK
R.E. PROPOSAL ON 2108 SO. FT. HOME IN BUCKINGHRM ESTATES.
SPECIFICATIONS- SCHEDULE-R
FOUNDATION
1. TO BE 18' SUPERIOR WALL WITH ONE DOOR OPEN TO DRY LIGHT.
2. CRAWL SPACES TO BE 18" BLOCK WITH 6" SOLID CRP.
3. ALL WALLS SILL PLATED WITH P.T. LUMBER FULL BEARING
SURFACE.
4. FILL BRACING ACCORDING TO SUPERIOR WALLS OF AMERICA.
FARMING
1. ALL FLOOR JOISTS 2H1B WITH 3/4 I.N. T/G PLYWOOD SUB-FLOOR,
GLUED AND RINGSHRNKED.
2. BASEMENT INTERIOR WALL ROUGH FARMED ONLY.
3. BERMS AND POSTS AS PER PLAN.
4. ALL OUTER WALLS 2146 AND INTERIOR WALLS 2H6 AS PER PLRN,
OR AS NECESSARY FOR PLUMBING. ALL OTHERS M.
5. URULTED FRMILY ROOM RAFTERS 2H12, 12" O.C. ALL OTHERS AS
PER PLAN.
6. TRUSSES ON MAIN SECOND FLOOR ROOF 16" O.C.
7. SECOND FLOOR 9' CEILING, FIRST FLOORS 8' OR AS PER PLRN.
8. RCCOMOORTIONS MADE TO CARRY 2 SPIRAL STAIR CASES.
EXTERIOR
1. SOFFITS AND FRSCIRTO BE ALUMINUM
2. WINDOWS AND DOORS ANDERSEN, EXCEPT KITCHEN EXIT AND
BASEMENT DOOR EXIT. STANDARD STEEL FIRE PROOF, PREHUNG.
3. EXTERIOR CODERS, SEE ALLOWANCE
4. NO GUTTERS OR DOWNSPOUTS.
5. DECK INCLUDED AS PER PLAN. STAINLESS STEEL FASTENERS
AND HTG USED AS APPROPRIATE. ALL JOIST 2H10. DECK BOARDS
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AgAnHOFF Dwauif* HOMES
621 Wildwood.RQad
Carlisle, PA 17013
Bobby Hofmann
Margo Hofmann
Phone and Fax
1.717-249-3222
2X6 RLL POSTS 6H6. RLL P.T. LUMBER #2 JOIST. DECK LUMBER
#1.
6. SKYLIGHTS RS PER PLRN UNI-BODY CRESTLINE.
INTERIOR
1. R19 INSULRTION IN EHTERIRR WRLLS AND UP TO R38 RS
NECESSRRY ON CEILINGS RNO URULTED RRERS.
2. 1/2 I.N. DRYWALL RLL WRLLS RND CEILINGS.
3. PRINT I PRIMER CORT WRLLS RNO TRIM. TOP COAT FLRT ON
WRLLS RND SEMI-GLOSS ON TRIM RS LONG RS SHROE
DIFFERENCE IS RCCEPTRBLE. IF SHRDE DIFFERENCE BETWEEN
WRLL RND TRIM REQUIRES SECOND CORT, THIS IS CONSIDERED
RN UP CHRRGE.
4. TRIM IS FILL CLERK STOCK, PRINTRBLE POPULRR.
5. FLOOR COUERINGS, SEE RLLOWRNCE.
SPECIRLS
1. FORCED RIR TO R I R HERT PUMP WITH 12 SEER R.C. RLL DUCT
WORK HRS BEEN ENGINEERED TO MEET LORD DEMRNDS
RS PER PLRN.
2. 288 RMP ELECTRICRI. SERUICE PRNEL, WITH ALL 28 AMP RECP.
32RECESSED CRNS INCLUDED. RLL WIRING RNO LRYOUT
RCCORDING TO NEC. SPECS. INSPECTION DONE BY MIDDLE
RGENCY.
3. SEPTIC SYSTEM INCLUDED RS PER DER RND ENGINEERED DESIGN.
4. WELL, UP TO 200 FT. DRILLING, RLL EQUIPMENT RS NECESSRRY,
TO RCCOMODRTE GRL PER MINUTE USRGE.
NOTE: RLL WORK TO BE DONE RS PER PLRN OR RS
NECESSRRY CHRNGES TO MRRHOFF DESIGNER HOME SPECS, WHICH
EITHER MEET OR EHCEED B.O.C.R.
MAnHoFF Daetam a HOMES
621 Wildwo04Jt{2gc?
Carlisle, PA 17013;'
Bobby Hofmann Phone and Fax
Margo Hofmann 1-717-249.3222
R.E. TOM RND KY COLESTOCK DETACHED GRRRGE
32' W H 36' DEEP
SPEC IF I CRTI DNS- SCHEDULE-fl
1. 22' H 36'- GRRRGE IS TWO BRY, WITH TWO
SINGLE GRRRGE DOORS WITH 10' H 36' COVERED
PRTI 0.
2. 10" BLOCK WITH 6" SOLID CAPS WITH STRRPS
OR RNGLE BOLTS 6' O.C. WITH CONTINUOUS
FOOTER AND WALL UNDER DOOR OPENINGS.
3. FLOOR WILL BE 4000PS I CONCRETE WITH
RT MIN. 4" 2B STONE BRSE WITH #10 WIRE
MESH THROUGHOUT.
4. WALLS WILL BE 2H4 CONSTRUCTION 16" O.C.
WITH 1/2" OSB ENTER I OR. 10' HEIGHT
5. GRRRGE DOORS 9' H 8' WRYNE ORLTON T36
I NSULRTED WITH RUTOMRTI C DOOR OPENERS,
WITH OUERHERD TORSION BRRS.
6. 1 9-LITE FIRE DOOR EHIT 36"
7. WINDOWS BY TOM AND KY
8. 60 AMP PANEL, LINE BURIED IN CONDUIT FROM
MRIN HOUSE. 8 RECESSED CANS OVER PATIO.
UP TO 8 RECEPTICLES, GFI CIRCUIT. 2LIGHTS
MARHOFF Dirt mash HOMES
621 Wildwood Road
Carlisle, PA 17013
Bobby Hofmann
Margo Hofmann
Phonc and Fax
1-717-249-3222
OUER GARAGE DOORS, 1 LIGHT OVER FIRE EXIT
DOOR. 3 LIGHTS IN EACH BAY INSIDE GARAGE
1 BOX FOR MOTION LIGHT BETWEEN GARAGE DOORS
EXTERIOR. LIGHT FIXTURES TO BE PRID BY
CUSTOMERS.
9. ROOF W ILL TRUSSED WITH 16" OUERHANGS
24" O.C. WITH CLIPPED 1/2 " SHEATHING.
# 30 FELT WITH 25YR ARCH. ELK SHINGLESRND 2"
DR I P EDGE.
10. SOFF ITS FIND FRS I A ALUM I NUM. COLOR BY
CUSTOMER.
11. HERDER OVER DOORS IS DOUBLE LUL 1 3/4"
CONTIUOUS 329
.
12. SIDING AND TRIM WORK TO BE CEDAR.
DOES NOT INCLUDE SPECIAL `TA I N 1 NG OR TREAT-
MENT OF CEDAR. WILL BE SEPERRTE BID.
13. PRICE INCLUDES EXCRURTION, RNO PERMITS.
IMARHOFF Damtomi A HOMES
621 Wildwood Road
Carlisle, PA 17013
F by Hofmann Phone and Fax
1.717-249-3222
P .rgo Hofmann PRYMENT SCHEDULE-13
1. PRYMENT WILL BE RCCORDING TO BRNK DRAW
SCHEDULE IF THERE IS A CONSTRUCTION LOAN.
2. IF THERE IS NO BANK LOAN, DRAWS WILL BE RS
FOLLOWS.
DRRW # 1 $34,844.22-15%-SUB-FLOOR
DRRW # 2 $81,303.18-35%-UNDER ROOF
DRAW # 3 $58v873.70- 25%- DRYWRL LED
DRAW # 4 $5$,873.70-25%-FINISHED
3. PRRTIRL DRAWS, CRN BE MADE ON AGREEMENT
BETWEEN OWNER AND CONTRACTOR.
.
MARHoFF D woup HOMES
621 Wildwood Road
Carlisle. PA 17,113
Bobby Hofmann Phor.:: ::.x
Alargo Hofmann 1-7 1 . 'a',..;2'.
RLLOWRNCES- SCHEDULE-C
STONE RLLOWRNCES:
1. 20 FOR SUPERIOR WRLL BRCK FILL- "N'S
MRR. RNY OUERRGE WILL BE CHRRGED TO
OWNERS.
BUILDING RLLOWRNCES
1. SPIRRL-$81808
2. KITCHEN CABINETS AND TOPS-$6,888
3. URN ITYS AND TOPS411860
4. WINDOW SEAT/BOOKSHEULES-$2,588
5. FIREPLACE MANTEL ETC.-$3,880
6. CARPET AND PADDING 144YUS $24 PER SCE V0- 5456 LRBUR
FOR LRYING INCLUDED IN BASE PRICE
7. UINYL 76 SO YOS AT $17-$1,198 LABOR AND NIOTCFiiAt; S F t 8
LAYING OF UINYL INCLUDED IN BASE PRICE.
8. APPLIANCES FOR KITCHEN-$2,888 MRRHOFF WILL GIIIE
CONTRRCTOR PRICING RTTIME OF PURCHASE.
9. PLUMBING FIHTURES-$2,488 TUBS, SHOWERS, FAUCETS, Elf..
18. LIGHTING FIHTURES-$700
11. ERTERIOR SIDING $99388
GRRRGE RLLOWRNCE FOR SIDING ONLY - °,4500.0€1
EXHIBIT "B'
MARMoFF I mamER Hows
621 Wildwood Road
Carlisle, PA 17013
Bobby Hofmann
Margo Hofmann
R.E. PAYMENTS ON HOUSE RND GRRRGE
1. PRRTIRL 3 RD ORRUJM ON HOUSE=============
2. UNDER ROOF DRRUJ GRRRGE
3. STRRTUP PRYMENTON SPIRAL
4. EHCRURTION FOR TRRNSFORMER,
MOUING OF BRUSH,
4 TONS OF DUST FOR TRRNSFORMER
HOLE
RND TO FINISH BRCK FILLING.==============
I
Phone and Fax
1-717-249-3222
$20,568.48"
$18,000.00 L/
$ 4,000.00
$ 602.50 --'
TOTRL
Z% 6
?I
?s
C?
THANK YOU !
AlARHOFF DESIGNER HOh1ES
621 Wildwood Road
Carlisle, PA 17013
Bobby Hofmann
Margo Hofmann
TOM RND KY COLESTOCK
R.E. CHRRGES EITHER FOR RLLOTTED ITEMS OR EHTRRS
1. RORD PERMIT
2. WINDOW CHRNGES DOES NOT INCLUDE C. WOODCRRFT
3. ROOF OUERHRNG RT FRONT DOOR
4. FIREPLRCE MRTERIRLS RND INSTRLL,
EHTRR FRRMING ETC. DOES NOT INCLUDE CONCRETE
BORRD OR DRYUIT
5. SOFFITS RND FRSCIR
6. INSULRTION
7. PLUMBING FIXTURES
HOUSE
GRRRGE
BRSEMENT WRLLS
MOEL2352
MOEL2353
RLS435EPK
RLS3801CPK
RLS4950ST69PK
ROU326032RRW
RLS4923PK
TRH
TOTRL
8. MOUE UPSTRIRS BRTHROOM WRLL RND
INCRERSE DOOR OPENING
9. ROUGH FRRMING EHTRR BRSEMENT WRLL
RND TO PREPRRE FOR ORYWRLL
10. CLIMBING WRLL GRRRGE ROUGH FRRME
RND RDDITIONRL iMRTERIRL RND LRBOR
11. UPPER FLOORING IN GRRRGE
12. CUSTOM STEEL STRNDS FOR HRNORRIL
13. FLOOR UNDER ENTERTRINMENT CENTER
14. POCKET DOOR KIT INSTRLL RND EHTRR
FRRMING
TOTRL
? tv
Phone and Fax
1-717-249-3222
$ 10.00
$ 791.89 LI
$ 743.85 L/
62
187
$
$ .
2
1666.93
$ 88
600
.
0
$ 350.4
$ 65.80
$ 75.54
$ 25.23
$ 8.77
$ 22.76
$ 283.65
$ 23.26
$ 30.30
$ 535.31 ?
150.00
291.30
1403.63
369.8 ??0 /
i 26.7
78.32 /
150.00 y
%456.71
k k MARHOFF DESIGNER HOMES
621 Wildwood Road
Carlisle, PA 17013
Bobby Hofmann
Margo Hofmann
Phone and Fax
1-717-249-3222
R.E. TOM RND KY COLESTOCK 2ND HRLF OF 3RD
DRRW
TOITRL -------------------- $20,568.47
THHNK YOU!
r ?
MAnHoirF DESIGNER HOMES
621 Wildwood Road
Carlisle, PA 17013
Bobby Hofmann
Margo Hofmann
R.E. BILLING FOR 15 DOWNING ST. 12/7/98
and Fax
49-3222
1. CEDRR MRTERIRLS ONLY--------$1 3,850.96
"
2. PRYMENT IN FULL FOR SPIRRL---$ 39482.70 v
THIS DOES NOT INCLUDE INSTRLL,
OR LRNDING RRILING.
41
2
?
3. GLRSS BLOCK SHOWER, ---------$ .
G
49
MRTERIRLS ONLY
4. MRSTER DOOR HRNGING BRR RND
POWDER CORT PRINT, MRTERIRLS
ONLY. NOT INSTRLLRTION------- $ 272.48 ?
5. TO UPGRRDE TO SOLID CORE
DOORS. ----------$ 199.28
6. BRSEMENT DOUBLE DOOR RND /
SINGLE DOOR TO STORRGE. ------$ 376.01
7. CREDIT FOR CUSTOMER BOUGHT
DOORS. MRTERIRLS ONLY------- -267.12 '
TOTRL= ----------
$ 18,406.72
r'
`CA
MARHOFF DESIGNER HOMES
621 Wildwood Road
Carlisle, PA 17013
Bobby Hofmann
Margo Hofmann
R.E. BILLING 15 DOWNING ST. OM D KY
COLESTOCK 1 /6/99
Phone and Fax
1-717-249-3222
1.PRRT1 RL LRST DRRW---------- $35,000.00
2.DRYUIT EXTERIOR RND INTERIOR
FIREPLRCE-------------------- $
3.CEMENT BORRD MATER I RLS
RND LRBOR-FJ P":-?- =------- $
4.GRRRGE CONCRETE RPRON
LRBOR RND MRTERI RLS--------- $
5.UPGRRDE TO STRMPCRETE
3 RRERS 150 SQ FT RPPROX.----- $
6.CUMBERLRND WOODCRRFT
LRBOR AND MRTERI RLS RLL
WINDOWS, DOOR GRRRGE
MRSTER SWEET DOOR
FRONT DOOR, RND TR I M
MRTCHED PICKETTS TO OLD GRTE- $
7.JRCUZZI PROAND PREP------- $
8,828.40
468.40
1,056.00
i
770.00 ?
5011.08
f
442.13
TOTRL THIS BILL--------------- $ 512576.01
Bobby Hofmann
Margo Hofmann
BILLING TO TOM FIND KY COLESTOCK
NEW HOME:
DESCRIPTION: PRICE:
ITEM:
PRINTING EHTRRS UPCHRRGE FOR COLORS 1406628-000
BU IILT IN MRSTER
BRSEMENT 648.00
STRIR TRERDS DBULLNOSE 150.09
PORCH CEILING 40.00
2
COBBLES, TOWEL RRCKS 186.00
2754.00
70TRL
PLUMBING Fill.
N10EL2352
77.18
MRSTER BRTH
KOHK161024RO H2
82
,
572
2
KOUK342258 .8
242
KOHK4653-58 52.01
2ND FLOOR BRTH
MOE2353 88.61
8.38
1
38
KEE64W
MOE457OW 218.
MOE97372W 28.22
KDHK342200 16
88.98
.98
CS0380TLWH 6
POWDER ROOM MOE4570
26
15125.
6
2
MOE97372 .
KOHK342396 160,86
ES03HOTLB 27.27
KITCHEN
BLR507701 378.25
81
13
JRM645663ST .
GRO33737008 390.15
BLA518/871 361,25
1-29-1999 15 DOWNING ST.
MARHOFF DESIGNER HOMES
/
621 Wildwood Road
Carlislele,, PA PA 17013 013 r' / _ I
' (? Phone and Fax
i„/ 1-717-249.3222
t
?i
7
MARHOFF DESIGNER HOMES
621 Wildwood Road
Carlisle, PA 17013
Bobby Hofmann
Margo Hofmann
COUNTER TOP RND
SINK
TRH
TOTRL
3,501.51 L/
RRILING MRIN
BRLCONY MRTERIRL 296.80
SPIRRL INSTRLL INCLUDES COMPLETE
SPIRRL, FIRMING BRLCONY
BULLNOSE RND FILL TRIMWORK
44HRS @ 61.00 PER 21684.00
GRRRGE DOOR WINDOW UPGRRDE 280.00
TOTRL
PLUMBING
ORRIN LINE FOR
GEO
TOTRL THIS INVOICE
WH/WH MRTTE/0URL 300.00
198.20
UPGRROES,SEE
INUOICES
BY MRRHOFF
3,260.80
Phone and Fax
1-717-249-3222
7,169.73 ?
/
557.30 v
$17,243.34
EXHIBIT "C"9
MARHOFF DESIGNER HOMES
621 Wildwood Road
Carlisle, PA 17013
Bobby Hofmann Phone and Fax
Margo Hofmann 1-717-249-3222
R.E. FINRL BILLING 15 DOWING ST. TOM RND KY COLESTOCK:
DESCRIPTION MRTERIRLS LRBOR TOTRL
GRID FOR DRYWALL /
DROP CEILING BASEMENT 220.49 305.80 $ 525.49
DRYWALL BASEMENT 443.94 738.62 $1182.56 v
DECK UPGRADE TO TREH 1018.35 $1018.35
SHELUES, WAIL PLYWOOD
PREP FOR DRYWALL IN
MECH. ROOM 282.38 366.00 $ 648.38
PHILA. FENCED SOFFIT 173.25 427.00 $ 680.25 t/
MASTER CLOSET SHEUING 333.48 457.50 $ 798.98
GARAGE BENCHES 164.86 213.50 $ 378.36 V
EXT. SHOWER DRRIN 25.08 30.50 $ 55.50 V
GLASS , GLAZING -GflRRGE 94.50 $ 94.50
LIGHTING FIXTURES 2189.33 $2189.33 v
RAISE URNITY FRAM /
AND LABOR ONLY 97.83 $ 97.83 V
CEDAR SIDING LRBOR,BRTTEN,
SCROLL WORK, WINDOW TRIM
BERM, WRAP, SOFFIT,GRRRGE
ETC. 5673.00 $5673.00
GUTTERS FIND DOWN SPOUTS 795.34 $ 795.34 V/
SOUND SYSTEM LABOR RND MAT. 1608.00 $1688.00
EXTERIOR AND INT. CAULKING 1820.00 $1820.00
EXTRA LORDER AND HOE TIME 242.50 $ 242.58
GLASS BLOCK INSTALL 202.50 $ 202.50
MARHOFF DESIGNER HouES
621 Wildwood Road
Carlisle, PA 17013
Bobby Hofmann
Margo Hofmann
PPL BILL FINAL
INSULATION GARAGE WALLS
IRON WORK FOR GATE
CASING AND TRIM WORK IN
BASEMENT 284.46
REPAIR OLD DOORS, CUT TO
SIZE,MAKE JAMS, HANG
REPAIBINST. CORBLES,
BARN DOOR INSTALL
FINAL DRAW BALANCE
GARAGE FINAL PAY
TOTAL
CREDITS
BUILDING WRAP
/ GARAGE DOWNSIZE $3080
% ALLOWANCE -600
$2400
PANTRY SHELUES
FLOORING LABOR DIFFERRNCE
LURN,UINYL,"CRRPET
TOTAL
AMOUNT DUE THIS INUMCE
EXTRA CLOSET RACKS UPSTAIRS
AND BASEMENT
`14411411114
Phone and Fax
1-717-249-3222
100.00 S 100.00 ?
210.00 $ 210.00 I
129.60 $ 129.60 V
411.75 S 616.21
19.94 1098.00 $1898.00
6136.95 $61336.95 -
4981.00 $4901.00 ?-
$31,106.63
$ 305.10
$2400.00
$ 400.00
S 845.00
$3950.10
rp„
li $27156.53
-
e
N/C
-r nr[K 7
wrJr-.
)GPYHrn _..
APIA
EXHIBIT 6`D"
MAnHoFF DESIGNER HGMES
621 Wildwood Road
Carlisle, PA 17013
Bobby Hofmann
Margo Hofmann
ROGER IRWIN;RE: COLESTOCK FINAL BILL
MATERIALS
1 RUNWAY DECK $1231.15
?i .?. UPI
Phone and Fax
1-717-249-3222
LABOR
$610.00
2. ENTERTAINMENT
CENTER INSTALL $244.00
3. SCREENED
PORCH $ 171.72 $915.00
TOTAL $1402.87 $1769
CREDITS
1. LATTICE WORK
FRONT PORCH
ORIGINAL -$152.64 -$244.00
2. MATERIAL,
LUMBER ETC. -$310.05
3. FADERS REDONE
BY OTHERS -$150.00
TOTAL $940.18 $1375
BALANCE DUE
THIS BILL
$2315.18
s'
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Monday, June 07, 1999
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ROBERT J. HOFMANN t/d/b/a
MARHOFF DESIGNER HOMES,
Plaintiffs
V.
THOMAS and KY COLESTOCK
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
CIVIL ACTION - LAW
NO. 99-7426 CIVIL TERM
JURY TRIAL DEMANDED
TO: Robert J. Hofmann t/d/b/a Marhoff Designer Homes
c/o Mark D. Schwartz, Esq.
60 W Pomfret Street
Carlisle, PA 17013
YOU ARE HEREBY NOTIFIED to file a written response to the
enclosed New Matter within twenty (20) days from service hereof
or a judgment may be entered against you.
Respectfully submitted, .
ANDREWS & JOHNSON
Date: - (o- 6tD By:
Tamer. Andrews, Esq.
8 est Pomfret Street
Carlisle, PA 17013
(717) 243-0123
Supreme Court ID No. 15641
ROBERT J. HOFMANN t/d/b/a : IN THE COURT OF COMMON PLEAS OF
MARHOFF DESIGNER HOMES. : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
: CIVIL ACTION - LAW
V. : NO. 99-7426 CIVIL TERM
THOMAS and KY COLESTOCK
Defendants ;JURY TRIAL DEMANDED
ANSWER
TO
PLAINTIFF'S COMPLAINT
Defendants TOM AND CLARE COLESTOCK, by their attorneys, Andrews & Johnson
by Taylor P. Andrews, Esquire, respectfully answer file Plaintiff's Complaint in the above
captioned action as follows:
Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Denied as stated. The allowances expressed the material costs and third party
services that were included in the calculation of the contract price. There was never any
agreement that the allowances included the cost of Plaintiff's own labor.
6. Denied. The essential terms of the agreement were that the Plaintiff would build a
house of certain specifications for a certain price. There was no agreement by Defendants to pay
Plaintiff on the basis of labor and materials used.
7. Denied as stated. Defendants agreed to make payment during the progress of the
construction. Defendants did not agree that such payments would be on the basis of Plaintiffs
labor and materials.
8. It is admitted that Plaintiff began work on or about June 1998. In light of
Plaintiff's contention that he was working on the basis of collecting for time and materials used, it
is denied that he commenced construction pursuant to the terms and conditions agreed upon by the
parties.
It is admitted that there were changes made to the specifications for construction
after the execution of the original construction agreement. It is further admitted that these changes
were made orally and were not in writing as required by paragraph 4 of the construction
agreement. Defendant is without knowledge as to Plaintiff's allegation that Plaintiff kept records
of requested changes and extras and of additional time and materials, and proof thereof is therefor
demanded.
10. Denied as stated. Defendants admit that Plaintiff referenced increased costs for
some changes, but in many instances there was no such notice from the Plaintiff, and in other
instances Plaintiff referenced decreased costs. It is denied that Dr. Colestock gave an instruction
to Plaintiff to do whatever work was necessary to facilitate the requested changes and alterations
without regard to increased costs. Dr. Colestock expected to be explicitly informed of cost
increases relative to requested changes.
11. Denied. Defendants only agreed to pay for such additional charges related to labor
and materials about which they were informed. Defendants did not agree to convert the
construction agreement to an agreement whereby Plaintiff would be paid on the basis of time and
materials.
12. Admitted.
13. Denied as stated. The first payment by the Defendants to the Plaintiff' was made on
July 13, 1998 in the amount of $24,682.17 not $24,628.17 as alleged. The amount of the second
payment is admitted.
14. Admitted.
15. It is admitted that Plaintiff continued work. In light of Plaintiff's contention that he
was working on the basis of collecting for time and materials used, it is denied that he continued
construction pursuant to the terms and conditions agreed upon by the parties.
16. Defendant is without knowledge as to Plaintiff's allegation that Plaintiff's invoices
reflected all labor and materials expended by Plaintiff, and proof thereof is therefor demanded.
17. Immaterial and contradicted by paragraphs 20 and 21 of Plaintiff's complaint.
18. Admitted.
19. It is admitted that the referenced bill was sent. It is denied that the amount shown
on the bill was due and owing to the Plaintiff. Defendant is without knowledge as to the date of
the invoice, and proof thereof is therefore demanded.
20. Denied. Defendant, Thomas Colestock, requested an explanation as to the amount
claimed due by the Plaintiff.
21. Defendant's Admit that Plaintiff completed his duties under the contract in March
or April 1999.
22. Admitted.
23. Defendants admit that they have not paid the amount claimed by the Plaintiff.
Defendants deny that the amount claimed by the Plaintiff is due pursuant to the parties' contract.
24. Defendants admit the Plaintiff claims that $29.523.55 remains due. Defendants
deny that $29,523.55 is due and owing to the Plaintiff.
COUNT 1 BREACH Or CONTRACT
25. Answers (1) through (24) are incorporated herein by reference.
26. Admitted.
27. Admitted.
28. Answer at paragraph five (5) is incorporated herein by reference.
29. Answer at paragraph six (6) is incorporated herein by reference.
30. Answer at paragraph seven (7) is incorporated herein by reference.
31. Answers at paragraphs twenty-three (23) and twenty-four (24) are incorporated
herein by reference.
32. This is a conclusion of law requiring no answer. By way of further answer,
Defendants deny that the amount claimed by the Plaintiff is due, and it is therefore not a breach of
the contract for Defendants to refuse payment.
33. It is admitted that Plaintiff provided labor and materials for the construction of a
house and garage. In light of Plaintiff's contention that he was working on the basis of collecting
for time and materials used, it is denied that he performed pursuant to the terms and conditions
agreed upon by the parties.
34. This is a conclusion of law requiring no answer. By way of further answer,
Defendants deny that the amount claimed by the Plaintiff is due, and it is therefore not a breach of
any duty for Defendants to refuse payment.
35. Denied.
36. Denied.
37. Answers one (1) through thirty-six (36) are hereby incorporated by reference.
38. Admitted.
39. It is admitted that Defendants contracted with the Plaintiff for the construction of a
house, and it is admitted that Defendants knew that Plaintiff was performing the work. It is
denied that the contract was oral, though it is admitted that there were changes to the design and
specifications that were made orally.
40. Denied.
41. Admitted.
42. This is a legal conclusion requiring no answer. By way of further answer,
Defendants are not unjustly enriched because they have paid Plaintiff in accordance with the
contract between the parties.
NEW MATTER
43. By a written Construction Contract provided by the Plaintiff, Defendants agreed to
pay $232,294.80 to Plaintiff, and Plaintiff agreed to construct a house and garage of certain design
and specifications. The written contract was dated April 25, 1998, and is attached to Plaintiff's
complaint as Exhibit A.
44. Paragraph 4 ofthe aforesaid contract provided:
Any changes in this Agreement or the specifications of construction
shall not be valid except upon written order signed by the Owner and
the Contractor.
45. As of the time of Plaintiff's complaint, Defendants had paid $242,696.13 to
Plaintiff for work performed under the construction contract.
46. In addition to the amount that has been paid directly to Plaintiff, Defendants have
made the following payments directly to subcontractors that Plaintiff was responsible to pay, or to
vendors of fixtures or materials that were covered by allowances that were part of the contract
construction:
S. A. Davis (electrical subcontractor)
Steve Mackey (carpet)
Solitex (countertop)
Premium Distributors (K appliances)
John's cabinets
$4,185.80
$3,418.00
$ 824.75
$2,000.00 [amount of allowance]
$8.000.00 [amount of allowance]
$16,428.55
47. There were changes made to the specified design and/or specifications of the house
to be constructed that reduced the cost of construction, and Plaintiff told Defendant that the
changes would reduce Defendants' costs. These changes were made by the Plaintiff, but Plaintiff
has not given Defendants credit for the cost reduction.
48. Defendants have already paid $273,841.80 to Plaintiff, or paid to others to the
benefit of Plaintiff .
49. The specific charges by Plaintiff that are disputed by Defendants are set forth on
Exhibit 1, attached hereto.
50. In addition to the disputed charges referenced on Exhibit 1, Defendants are entitled
to credit for an amount equal to the savings referenced in paragraph 47 above.
WHEREFORE, Defendants request that the Court enter judgment in favor of Defendants
and against the Plaintiffs.
Respectfully
ANDREWS
By:
Taylor P. Andrews, Esq.
78 West Pomfret Street
Carlisle, PA 17013
(717) 243-0123
Supreme Court ID No. 15641
I verify that the statements trade in the foregoing Answer are true and correct. I understand that
false statements herein are made subject to the penalties of Pa. C.S. § 4904, relating to unworn
falsification to authorities.
DATE: / - / O - 66
?tock -
Hoffman v. Colestock
Disputed Charges:
Changes to windows
Fireplace - unit framing
Cedar materials
Cement board - fireplace
Painting extras
Plumbing fixtures - faucets, toilets
Install spiral staircase
Plumbing upgrades
Phila Fenced soffit zarafs
Custom shelving MBR
All cedar siding - beam wrap noth
Exterior & interior caulking
Repair old doors, install
$792 No notice that change increased cost
$2,188 No notice of extra Gaming costs, part of budder obligation
$191 This amount not corroborated with invoices
$234 Eshmeta ofcontractoes tabor, part ofbudders obligation
$531 This amount not corroborated with invoices
$1,102 This amount not corroborated with invoices
$2,684 Contractors taWpart ofbuWersobegation
$650 outside showar and add? K sink hot water not extra
$600 No notice that change increased cost
$396 Fomgme work must be offset no tnvotce
$5,673 conhaatorsteborpart ofbuMersobfigatton
$1,820 conuwtoestaborpartofbuaursob598tun
$98 This amount not cwoborated with invoices
$16,959
A
EXHIBIT 1
ROBERT J. HOFMANN t/d/b/a
MARHOFF DESIGNER HOMES,
Plaintiffs
V.
THOMAS and KY COLESTOCK
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 99-7426 CIVIL TERM
JURY TRIAL DEMANDED
nMIEXATF (1F SF.RV
I hereby certify that on this date, January I1, 2000, 1 personally delivered a copy of
Defendants Tom Colestock and Clare Colestock's Answer to Plaintiff's Complaint to the following
persons at the following addresses by U.S. Mail, postage prepaid:
Mark D. Schwartz, Esq.
Counsel for Plaintiff
60 West Pomfret Street
Carlisle, PA 17013
. AndMws, Esq.
for Defendants Tom and Clare Colestock
ROBERT J. HOFMANN t/d/b/a
MARIiOFF DESIGNER HOMES,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V ; NO. G y?(o CIVIL TERM
THOMAS AND KY COLESTOCK, CIVIL ACTION - LAW
Defendants
JURY TRIAL DEMANDED
ACCEPTANCE OF SERV/CE
I, Taylor P. Andrews, Esquire, attorney for the defendant, Thomas and Ky Colestock , in
the above-captioned civil action, hereby agree to accept service of the Complaint in Equity tiled
on December 10, 1999.
Date: December 2! , 1999
ANDREWS & JOHNSON
I'ayl Andrews, Esquire
Att ey for defendant
7r' est Pomfret Street
Carlisle, PA 17013-3216
(717)243-0123
G r? ?;
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ROBERT J. HOFMANN t/d/b/a
MARHOFF DESIGNER HOMES,
Plaintiff
V.
THOMAS and KY COLESTOCK,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
99-7426 CIVIL TERM
JURY TRIAL DEMANDED
ANSWER TO NEW MATTER
Plaintiff, ROBERT J. HOFMANN T/DB/A MARHOFF DESIGNER HOMES, by his
attorneys, IRWIN, McKNIGHT & HUGHES, respectfully submit this reply to the Defendants'
New Matter:
43. Admitted in part, denied in part. It is admitted that Plaintiff and Defendants
entered into a construction contract dated April 25, 1998, in which the Defendants agreed to pay
$232,294.80 to Plaintiff to construct a house and garage. It is denied that at the time of the
signing of the contract that the design and specifications for said house and garage were
completely decided upon by Defendants.
44. Admitted. By way of further answer, it is alleged that there were numerous
changes and additions to the design of the Defendants' home and that these requests for changes
and alterations were made by oral agreement of the parties.
45. Admitted in part, denied in part. It is admitted that Defendants have paid
$242,696.13 to Plaintiff. It is denied that Plaintiff has been paid in full for all work billed under
the Contract and by agreement of the parties.
46. Plaintiff is without sufficient knowledge to form a belief about the truth or falsity
of this allegation and strict proof is therefor demanded. By way of further answer, Plaintiff is
aware that Defendants made some payments directly to sub-contractors for work that was done
on the property in question. By way of further answer, Plaintiff permitted Defendants to deal
with these subcontractors directly so that costs for these services would be reduced for the
Defendants in that Plaintiff would not be charging a standard general contractor mark-up for
these goods and services.
47. Denied as stated. It is specifically denied that Plaintiff has failed to give
Defendants credit for cost reduction on work that was done.
48. Plaintiff is without sufficient knowledge to form a belief about the truth or falsity
of this allegation and strict proof is therefor demanded.
49. Admitted in part, denied in part. It is admitted that Defendants have attached as
Exhibit "1" a list of "disputed charges." It is denied that the Plaintiff is not entitled to payment
for said charges.
50. Denied as stated. It is specifically denied that the Plaintiff has failed to give
Defendants credit for cost reduction on work that was done.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment
in his favor and against the Defendants.
Date: -Z/tt'2apt,
Respectfully submitted,
UGH
IRWfN, cKNIGHT & H i
By: 'P>'
Mark D. Schwartz, Esquire
60 West Pomfret Street
Carlisle, Pennsylvania 17013
717-249-2353
Supreme Court I.D. No: 70216
Attorney for the Plaintiff,
Robert J. Hofmann t/d/b/a
Marhoff Designer Homes
VERIFICATION
I have read the statements made in the foregoing document and they are true and correct
to the best of my knowledge, information and belief. I understand that false statements herein
made are subject to the penalties of 13 Pa.C.S.A. Section 4904, relating to unsworn falsification
to authorities.
ROBERTJ FMA
Date: February l , 2000
ROBERT J. HOFMANN t/d/b/a
MARHOFF DESIGNER HOMES,
Plaintiff
V.
THOMAS and KY COLESTOCK,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
99-7426 CIVIL TERM
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I, Mark D. Schwartz, Esquire, hereby certify that on this date a true and correct copy of
the foregoing document was served upon the attorney for Defendants by first-class United States
Mail, postage prepaid in Carlisle, Pennsylvania 17013, addressed as follows:
Taylor P. Andrews, Esquire
Andrews & Johnson
78 West Pomfret Street
Carlisle, PA 17013
W.MarD ?j/JSchwartz
60 West Pomfret Street
Carlisle, Pennsylvania 17013
717-249-2353
Supreme Court I.D. No: 70216
Attorney for the Plaintiffs,
Robert J. Hofmann t/d/b/a
Marhoff Designer Homes
Date: February k ? . 2000
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