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HomeMy WebLinkAbout07-6265LYNN SNYDER AND ELENA SNYDER, Husband and Wife, Plaintiffs, vs. CUSTOM PATIO ROOMS OF CENTRAL PA, Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. b?- 1o,%5 a ivi I `Terra CIVIL ACTION - LAW NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 Phone: 717-249-3166 or 800-990-9108 AVISO LISTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mds 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 reclamac16n 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. LISTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 Phone: 717-249-3166 or 800-990-9108 2 LYNN SNYDER AND ELENA SNYDER, Husband and Wife, vs. Plaintiffs, CUSTOM PATIO ROOMS OF CENTRAL PA, Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. 67'/- CIVIL cr?-1 ?` `"" ACTION - LAW COMPLAINT AND NOW the Plaintiffs, Lynn Snyder and Elena Snyder, husband and wife, by and through their attorneys, Ira H. Weinstock, P.C., file this Complaint as follows: 1. The Plaintiffs, Lynn and Elena Snyder, are adult individuals, who own the property known as 1326 Furnace Road, Brogue, York County, Pennsylvania, 17209. 2. The Defendant, Custom Patio Rooms of Central PA, is a Pennsylvania business with an address of 2500 Bumble Bee Hollow Road, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. It is alleged and believed that the Defendant is in the business of selling and constricting home additions to residents, including patio enclosures and sunrooms. 4. On or about May 18, 2005, the Plaintiffs met with Michael S. Walker, a sales representative and agent of Defendant, to discuss the construction of a patio addition to the aforementioned home. During this discussion, the Plaintiffs made it clear that they did not want any interior beams in the ceiling and they wanted a completely glass enclosure with no unnecessary structural elements on the walls. 5. After discussing the matter with the Plaintiffs, Mr. Walker proceeded to fill out Defendant's form contract for the erection of a 17-foot deep by 30-foot wide sunroom for the Plaintiffs' home. A copy of this contract is attached hereto and marked as Exhibit "A". 6. The total price for the proposed room was $33,867.00. 7. The Plaintiffs made an initial payment of $11,289.00 as a deposit on this construction. 8. The Plaintiffs were provided with the drawing, attached hereto and marked as Exhibit "B", showing the exterior of the proposed room. 9. Pursuant to the contract, the Plaintiff, Lynn Snyder, was required to have the foundation area excavated; this was completed at the cost of $850.00. 10. The contract in question also called for the Plaintiffs to obtain a building permit. Plaintiff, Lynn Snyder, provided Exhibit "B" to the Dennis Ness, the Codes Enforcement Officer for Chanceford Township; however, Mr. Ness could not issue a permit based on the drawings. 11. Plaintiff, Lynn Snyder, contacted the Defendant, through its employee/representa- tive/agent, Michael Byrnes, and notified Mr. Byrnes that the Codes Enforcement Officer would not issue the permit based on the provided plans. Mr. Byrnes notified Plaintiff, Lynn Synder, that the problem would be corrected. 12. After the aforementioned conversation, Plaintiff, Lynn Snyder, received notice from the Codes Enforcement Officer that he had received a new set of plans from the Defendant; however, those plans were also unacceptable. A copy of those plans were obtained by Plaintiff, Lynn Snyder, and those plans did not conform to the Plaintiffs' requirements set forth in the original meeting with Defendant's agent, Michael S. Walker. 2 13. Plaintiff, Lynn Snyder, once again contact Michael Byrnes and notified Mr. Byrnes that the plans were not acceptable and a permit would not be issued. Plaintiff also indicated that the plan did not conform to the Plaintiffs' original requirements. Mr. Byrnes once again indicated that the problems could be fixed and they would prepare conforming plans. 14. On August 3, 2005, Mr. Ness provided a letter to the Defendant indicating the reasons why the plan could not be approved as submitted. See Exhibit "C" attached hereto. 15. On or about September 28, 2005, Plaintiffs received a new set of plans to be submitted to the Codes Enforcement Officer. Once again, the Plans did not conform to the specifications required by the Plaintiffs. 16. The plans were submitted to Codes Enforcement Officer by Defendants and in October 2005, the plans were once again rejected. Plaintiff, Lynn Snyder, requested a letter from Mr. Ness detailing the reasons why the plans were not approved. A copy of that letter is attached hereto and marked Exhibit "D". 17. Defendants have been unable to provide plans that are adequate and conforming to Plaintiffs' requirements and that can be approved by the Codes Enforcement Officer. 18. These proposed additions are not acceptable to the Plaintiffs and are in direct opposition to standards specifically set forth by the Plaintiffs to the Defendant's representative at the inception of the contract. COUNT ONE - BREACH OF CONTRACT 19. Plaintiffs incorporate by reference Paragraphs 1 through 18 as though set forth at length herein. 3 20. The Plaintiffs had a contract with Defendant for the erection of the 17-foot deep by 30-foot wide sunroom in the Plaintiffs' home which was to be completed to Plaintiffs' specifications. 21. Plaintiffs paid to the Defendant consideration in the amount of $11,289.00 which constituted valid consideration. 22. The Defendant has not fulfilled the terms of the agreement by failing to provide plans that reflected Plaintiffs' specifications as set forth herein. 23. Defendant has also failed to fulfill the provisions of the agreement by failing to provide a construction plan that could be approved by the Codes Enforcement Officer thereby making it impossible for Defendant to construct the building in question. 24. Plaintiffs have notified Defendant of their breach and Defendant has refused to return the initial deposit of $11,289.00. WHEREFORE, the Plaintiffs respectfully request that judgment be entered against the Defendant in the amount of $11,289.00 plus costs, expenses and such other relief that is deemed to be just and appropriate. COUNT TWO - BREACH OF THE UNFAIR TRADE PRACTICES AND THE CONSUMER PROTECTION LAW 25. Plaintiffs incorporate by reference Paragraphs 1 through 24 as though set forth at length herein. 26. The conduct of the Defendant as set forth herein constitutes unfair or deceptive acts or practices within the meaning of the Pennsylvania Unfair Trade Practices and the Consumer Protection Law, 73 Pa.C.S. § 201.-2(4). 4 27. The unfair deceptive acts or practices engaged in by the Defendant include the following: (a) Causing a likelihood of confusion or misunderstanding as to the certification of services; (b) Representing that services have approval, characteristics or qualities that they do not have; (c) Representing that goods and services are of a particular standard, quality or grade or that goods are of a particular style or model; (d) Advertising goods and services with intent not to sell them as advertised; (e) Failing to comply with the terms of any written guarantee or warranty given to the buyer at, prior to or after a contract for the purchase of goods and services; (f) Engaging in other fraudulent or receptive conduct which creates the likelihood of confusion or of misunderstanding as set forth herein; (g) Failure to honor a valid notice of cancellation of the contract as a result of Defendant's inability to perform the terms of the contract as set forth in 73 P.S. § 201-7. WHEREFORE, Plaintiffs demand judgment against the Defendant in the amount of $11,289.00 plus costs, treble damages, reasonable attorneys fees and such other relief the Court deems just and appropriate. 5 Respectfully Submitted IRA H. WEINSTOCK, P.C. 800 North Second Street Harrisburg, PA 17102 Phone: 717-238-1657 9?? /? Z....47 JOHN B. DOUG RTY Attorney I.D. No. 70680 6 COMMONWEALTH OF PENNSYLVANIA ) ss: COUNTY OF DAUPHIN ) We verify that the statements made in the attached pleading are true and correct. We understand that false statements herein are made subject to the penalties set forth in 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. DATED: 10/7 DATED: / ,0 7 2 9 p LY?ffl SNYDER a6AAD-, ELENA SNYDER r tOM JOBS V + ?O t?I?? PATIO ROOli W HATE L Patio Rooms of Central, PA • 2500 Bumble Bee Hollow Rd., Mechanicsburg, PA 17055 Phone: (717) 973-9291 • FAX: (717) 975-9292 AGREEMENT Customer, intending to be legally bound, hereby employs Custom Patio Rooms of Central, PA to furnish all labor and materiels reasonably required to perform the work described bel w, in ac ante ith the specifications indicated: 16 t `lion 7 _ 7 9l AaM' one (Hame)]1( Work) State tip DATE SOLD Appmi.arII Da(e aac /J3 deyunt it I receked. to lei. A? 4#z 7L/ C-U COLOR OF ROOM: White 0 Bronze a enamrre O sendstoue U ?i FOUNDATION jecdon Width O Build Deck For Room Only O Build Additional Deck Width_ Length- O Railing Height Wood_ Vinyl_ O Reinforce Deck rl.w 0 Insulated Floor 0 Non-Insulated Floor Only O Aluminum Capping Color' erLeKI O Footed Slab 0 Cut Concrete, Add Pouters Height Of Deck A Dick WALL SYSTEM O Sensors Room 0 Single Pane (3les Insulated Glass O Conservatory O Knee wait Olns O Left 0 Right O Front O Transom Oka O Left U Right 0 Front Wall Panel Interior O Stucco - 0 Wood Grain O Pecan Oak 13 Oyster Pearl Wall Panel Exterior Cl Stucco 0 Wood Grain O Pecan Oak O Oyster Pearl O Wall Panel Color Interior 0 Wall Panel Color Exterior Custom Color Knee Wall O huide U Outside Customer To Provide Color) Widows Left Wall Windows Front Wall Windows Right Wall_ If System Wall Height High Low Projection Left Right Width 1 1'rewire F N S Roof S stem ROOFSYSTEM O Gable Ingle Pitch 0 Existing 0 CA Style 0 Glass Polycarbon Projectic Wid Roof Pitch 0 Wedge Fixed Skylights ? a...A Operable Skyli ts_ 0 Shingle 0 Fan Prewive 0 Outside PrcW'ue R- a 0 Facia Mount 0 Remove Overhang Size of Overhung DOORS r Doors Left Wall Qty Stu SPD -- elumview_ Location_ Has Walt Front_ Operation 4 Doors Front Wall Qty Size SPDatuneview_? l,oeation_ line Wall Front_ Operstion ILmn Ri.ht Wdldv Size SPD // Naturcview Location_ Hass Wall_ Front Operation 45 Degree Angles Qty, - . , _ n J- n Owners Association Regiiifed _ Custom Patio Rooms' employee ate covered by Workers Compensation Policy M 05054985 io t?s of Central. PA as set forth below. Q? Customer agrees to pay Cns 107"--k _zlo LCost of Improvement S 1 1110 7 4. Initial Invesbneot $ , " / 7• Pori WY t $ 2.Sales Tax $ 5. Needed to Start Job $ 8. Due upon completion $ 3.761al Investment SJ 6. Start of Installation S CMM)M PATIO ROOMS WILL PROVIDE FREE SERVICE FOR ONE YEAR FROM THE DATE OF INSTALLATIOM THE DOWN PAYMENT [SAND SHALL EE A NON-REFUNDABLE DZPOSff AFTRR THE LEGAL CANCRUATION PERIOD HAS EXPIRED. THIS AGREEMENT' CONS7RVIFS THE ENTIRE UNDERSTANDING OF THE PARTIES. SEE REVERSE SIDE FOR ADDITIONAL INFORMATION. The buyer(s) by signing, acknowledge(s) receipt of a copy of this contract, with all blanks suitably filled. IN WIMF )V I?REOF the parties intending e I gaily bound execute this a t this d' ` der of 20 -S By Signsture A CWrore M linens of Ceev.l, PA varhal YAW and Approved by Date Signaturo '"You. the buyer may cancel this purchase any time prior to midnight of the third business day after the purchase. See attached notice of cancellation form for an explanation of this right' NOTICE OF CANCELLATION You may caned this transaction, without any penalty or obligation, within three boalnen days from the above date. If you cancel, any property traded In, any psymestta made by you under the contract or sale, and any negotiable Instrument executed by you will be returned within tan bueloem days following receipt by the seller of your cancellation notice, and soy security Interest arising out of the transaction will be cancalled. If you cancel, you must make available to the seller at your resistance In substantially as geed condition sm when received, my goods delivered to you under this contract or sale; or you may, If you wish, comply with the Insurrection of the seller regarding the return shipment of the goods at Use seder's expense and risk. If you do make the goods available to the seller and the seller don not pick them asp within twenty days of the date of your notice of cancellad"4 you may rWalo or dispose of the goods without further ebllgallon. If you fall to make the goods available to the miler, or If you agree to return the goods to molter and fail to do so, then you remain liable for performance of all obligations under the contraeL To cancel till transaction, mug or deliver a signed and did copy of this cancellation nodca or any other written notice, or send a telegram, to Custom Patio Room of Central. PA, 2500 Bumble Bee Hollow Rd., Mechanicsburg, PA 17055 not later than midnight of Date Buyer's Signature Date Of Transaction Subject to terms and conditions on the FACE and on the REVERSE side of this contract White - Office Copy - Cuuomer EXHIBIT " BUYER WARRANTS that this contract is signed without any reliance upon any representation of promise of the contractor or his agents except as is specifically written on the face of this contract, and that no such?promise or representations have been offered as an inducement for signing, it being the intent and agreement of the parties that this contract a constitutes the entire agreement and understanding of their parties. Any subsequent additions or modifications will be incorporated by reference and signed by both parties. 2 LIMITATIONS AND DISCLAIMER OF IMPLIED WARRANTIES. There are no warranties, expressed or implied, of merchantability or fitness for a particular purpose or otherwise, which extend beyond the description on the face hereof given time of sale. 3. DAMAGES FOR BREACH OF CONTRACT. Because the products purchased are custom made, If the buyer cancels this order after the time allowed by law and the products purchased hereunder have been produced, buyer agrees contractor shall be entitled to 33% of the contract price, plus attorney fees of 15% if attorney is used for collection. 4. COLLECTIONS COST. The entire balance is due and payable upon installation unless otherwise specified in the body of the contract. A finance charge of 1-1/2% per month will be added to any outstanding balance. The finance charge begins from the date of installation. In the event that Custom Patio Rooms of Baltimore should retain counsel and/ or institute any suit against customer for the collection of amounts due under this contract and or addendums, the customer agrees that Custom Patio Rooms of Baltimore shall be entitles to all its cost, expenses and reasonable fees to it's attorney (s) in connection therewith. 5. VENUE, The county of Cumberland County in the Commonwealth of Pennsylvania is hereby designated as the place of trial for any action or proceeding arising out of or in connection with this contract. 6. PAYMENT, if payment is not made as agreed in full upon installation, all warranties on materials and workmanship are void. 7. CONDENSATION is a natural result of moisture in the home and may vary with changes in temperature or humidity and does not indicate a defective or faulty installation or product. No warranties can be made that this will not occur. Additional information is available upon request. & ADDITIONAL WORK DISCLAIMER. Unless otherwise specified in this contract, no painting or staining of any kind will be included, and no electrical box or service connections, plumbing, heating, air conditioning or any other items not stated in this contract. If any governmental agency or building official requires additional work other that what is stated in the contract, it will be the Buyer's responsibility to have said work performed at Buyer's expense. Buyer agrees that the contract price shall be adjusted to equitably cover any additional costs for work performed by Custom Patio Rooms of Central PA said adjustments, if performed by Custom Patio Rooms of Central PA shall be reflected in a addendum or change order to be executed by the Buyer has the opinion to do this work, contract with another party or have Custom Patio Rooms of Central PA perform the work at any additional cost to Buyer. 9. CONCEALED CONDITIONS. The contract price does not include actual expenses incurred by Custom Patio Rooms of Central PA as a result of concealed, unusual or unknown conditions affecting the performance of the work to install the ! 11 1 q' 7' i CON- W ?°. Su ®S? g o' Chard are In-SVez-tions Im.. FAN' NO. :717'244-G_?E73 Pug. M X V3W Pi e Guardian Inspection Services, inc. fta""emoe ewe* &mom,„ ft 0 2rrr " U , PA 17$18 Hammm Sere, Now Jersey mm 717-Z"13 TO: John Humphd= FROM. Dermy Ness M l yrm Saylor Wn sttuadon in C if Towuswp 1. In *A admiaist iwe seMan of tht VC.C, SU s, Swum 403.21 ft s=w "*bwm* ouxti'm peoviiot ovem" T61& r 6 to applicability and use Of fs. 2. 1Rq C apfo r 1, AdrnWz0mgvn, 5ecdon R102.5,,Appand ms, s -gha l nm apply rn hm s Shy refixa med". As t polatW olt, ward Towadkip ctid I*t adopt any &"Ckmld` w"Ificm 3. Yow own dacm ms reftrmw MC 2003, Appftdix L The code has a siasbeo w,.a Pduted ire the . CoStdk g MM*dMky*. C TIT S- s- list a opm %of 17 fccL The d erft you prrvided list a tam spsm up to 14 feet 10 inches: A *Mwem of app exl ly 2 L The do ms trot provide fbr a of 17 finet. 5. Tba enter has listed MC Table 1604.3 dafk*foa Itoit of 1/180. MC Table 1+604.3N to h Iimfts the ds oo to 11120 or VW. ' 6. You neod to povide a bet w pan, ,more galls cad follow the adm nishative sectim of the UCC. I will not appme the plans for thb consnndtm Until tvttw infannadon is provided to this ofoc. Thank ym4 Dexw;is Ness v EXHIBIT "C" TO Lynn Snyder FROM: Denny Ness $CO #1205 RE Custom Patio prints 1. I numbered all the sheets (12) in order from Custom Patio so you tit follow MY logic. ' 2. 1 underlined the necessary information provided and will provide n y +6pinibn on what fty have provided. 3. Two 4X4 support posts - See sheet # 4 and # 10. There is no engineer stap on these sheets. Sheet l4, in ??y 4? ©a, is a prt?duction drawing used at Three Rivers Edon ee =tom extrusion. (I am a machinist.) Sheet # 4: labels the steel boat as $" prodi x". Which-are they using? The print also calls for "2" 4 X 4 aluminum posts. posts, The pAnt s .4of describe how the steel beam is secured to the aluminum nor does it dose be how it is secured to the floor. Sheet # 4 not stamtW by the , e?eer. 4. The lateral support -beam with no support past is on Sheet # 3. W 10 X 22 means 10e depth of bean and 22 pounds per foot of beams length. Sheet # 3 has been altered. A note has-been scratched out and the engineer did not initial that change. 5. 1 eaMo? "' ` 'may °sgoqific load specifications on the 4 4 post drawing, Sheet # 10 410k1-I leutat'drawing ig a?iuction drawing. 6. The hanging del is shown on sheet # 7 # 8 & ## 9, They are not stamped by, the engrir.:. 7. There are 2 calculations. for the bewn. Which one will we use? 8. Gaston Patio d'd not answer my original point on deflection. TBC Table 1604. Note h has a deflection limit of 1/120 or 1/60.. Their shoets list it at 1/1$0 Bch 1 say is incorrect: 9. Their cut sheets are too. small to read `corny' 10. On sheet #12 there is a note I have underlined. Where am the calculations? There have been no changes or improvements. Dennis Ness #1205 EXHIBIT "D" 00 ? a _ b U D 4 4 r hJ tJ C" Ci 7 CD O -n ~r?C{ CLA LYNN SNYDER AND ELENA SNYDER, Husband and Wife. Plantiffs, Vs. CUSTOM PATIO ROOMS OF CENTRAL PA. Defendents. IN THE COURT OF COMMON PLEASE NO. 07-6265 Civil Term CIVIL ACTION - LAW ANSWER TO COMPLAINT AND NOW the Defendant, Robert H Black, President of Custom Patio Room of Central Pa. will respond to complaint. 1. Agreed 2. Agreed 3. Agreed 4. Agreed: that Mike Walker met with the Plaintiffs and discussed a patio room on the back of their home. What was discussed I do not know and the signed agreement under the signature of the plaintiff, clearly states NO VERBAL AGREEMENTS RECOGNIZED. There is nothing written on the agreement that states anything about Having or not having interior beams in the ceiling. 5. Agreed 6. Agreed 7. Agreed 8. Agreed 9. Agreed: Foundation was the responsibility of the Plaintiff's. I have no knowledge of the cost. 10. Agreed: 11. Agreed 12. Disagree: We have discussed this situation with another attorney that the plaintiffs retained in September of 2005. The correspondence between the plantiffs and their attorney clearly informs the plaintiffs of the attempts to satisfy building requirements. See Exhibit "A". 13. Disagree: The Company has met the terms of the agreement and building code requirements. 14. Agreed: Refer to Exhibit "A". 15. Disagree: Refer to Exhibit "A". 16. Disagree: We have no record of any correspondence from the Code Enforcement Officer. There is no date on the letter on Exhibit "D". This matter could have been taken care of very simply. 17. Disagree: I could have engineered stamped drawings with in a week. That will meet all the requirements needed to full fill this agreement. 18. Disagree: According to the agreement that the Plaintiffs signed. There is no wording that explains that the room design has to be approved by the Plaintiffs or the plaintiffs can cancel at any time. COUNT ONE - BREACH OF CONTRACT 19. Disagree 20. Agreed: But, no specification is written on the agreement. 21. Agreed 22. Disagree: Specifications are available and will be submitted. 23. Disagree: I can provide detailed engineered drawing that will be stamped and sealed by the engineer and meet all requirements necessary. 24. Agreed: WHEREFORE, the defendant respectfully request the judgment be entered against the Plaintiffs, for breach of contract. COUNT TWO - BREACH OF THE UNFAIR TRADE PRACTICES AND THE CONSUMER PROTECTION LAW 25. Disagree 26. Disagree 27. Disagree a. Disagree b. Disagree c. Disagree d. Disagree e. Disagree f. Disagree g. Disagree WHEREFORE, Defendant demands judgment against the Plaintiffs. Respectfully Submitted Custom Patio Rooms of Central Pa. 2250 Bumble Bee Hollow Rd. Mechanicsburg, PA 17055 Phone: 717-975-9291 By: Robert H Black President Anstine & 7) 846- Sparler TELEPHONE 2-89 511 FAX(71(7)185 ATTORNEYS AT L.AW www.anstinesparler.com 117 EAST MARKET STREET YORK, PA 17401 September 26, 2005 Mr. Michael J. Byrnes General Sales Manager Custom Patio Rooms 2250-Bumble Bee Hollow Road Mechanicsburg, PA 17055 RE: Lvnn Snyder Dear Mr. Byrnes: Please be advised that this office represents Lynn Snyder. Mr. Snyder contacted me concerning the sunroom he had contracted with your organization to build. As you are aware. Mr. Snyder has many concerns regarding this construction. He was originally given a plan which shows a sunroom completely made .up of sliding glass doors on,all three sides. Subsequently that plan was rejected by Chanceford Township. Your organization then submitted an engineer's drawing which did not depict Mr. Snyder's sunroom and which had a structural notation that the roof span could go up to 14 feet 10 inches. Mr. Snyder's roof span was 17 feet. After rejection, apparently this same plan was resubmitted with new numbers drawn over top of the existing plan. This process is illegal and can be considered fraud. Apparently someone, not the engineer, modified the plan and resubmitted it. Nevertheless, this plan was also rejected. At this point you have now proposed to build the structure with a 10 inch square steel beam across the center of the room. Again, the many pl<3ns submitted how this 1,0 inch beam being held up by a two inch jack support. Obviously, the support fora -beam of that size and weight will have to be much greeter. In addition:, even cur own engineer, George Akens, notes on his plan that there still m«y have to be a center sutmort nee(?led in the sLunroom. At this point the character of the room proposed by your company has changed completely from that which was contracted for. Your original drawing shows a room with walls that are virtually all glass. At this point, at the very least, there will be a large support beam at each end of the building and there may have to be a support beam in the center of the room. In addition, instead of having a smooth open ceiling, as proposed, this new structure will have a 10 inch beam hanging down. f would also note that your plans call for a steel beam as opposed to aluminum stricture which ,vould be sub;ect to rust. if the building cannot be constn?cted as depicter, in the original glens, then Mr. Sn?,dei does not avant 't: WILLIAM B. ANSTINE, JR. • KENNETH J. SPARLER • JOHN R. ELLIOTT k • ANDREW B. BROWN JEFFREY R. BELLOMO • W, BURG ANSTINE (1910-1991) `Also Admitted in Maryland Mr. Michael J. Byrnes Page 2 September 26, 2005 I have had an opportunity to review your contract (provided by you) in conjunction with the original drawing. It clearly establishes the parameters of the type of room which was to be constructed. Your latest proposal goes far beyond that, and has changed character completely. It is obvious that whoever drew the original plan had no concept of load bearing or span weights. At this point, unless you can provide a sunroom as per the original plans and specifications with no hanging beams and no center support posts, my client must be refunded his original deposit and the deal cancelled. I would suggest you review this matter with your counsel concerning the character and nature of the building contracted for versus the building currently proposed. I would be happy to speak with you or with your attorney further on this matter. Very truly yours, o R. Elliott JRE:sg cc: Mr. Lynn Snyder SPICE 1983 cV?r1'O?M PATIO ROOMS" Corporate Office 2250 Bumble Bee Hollow Rd. Mechanicsburg, Pa. 17055 Phone: 717-975-9291 Fax: 717-975-9292 September 28, 2005 Lynn Snyder 1326 Furnace Rd Brogue, pa. 17309 Dear Mr. Snyder, I have enclosed the details and specifications you asked for during our last telephone conversation. There is a new drawing resulting from the addition of two 4 x 4 support posts which will hold the lateral support beam thus eliminating any need for interior support posts. Our Pittsburgh manufacturing facility sent specific load specifications regarding these 4x4 posts. Our standard roof drawing detail the hanging channel and it's relationship to the existing house wall / overhang and how our roof attaches. Once again I included the calculations for the structural steel beam used to support your roof panels. Hopefully this is the remaining pieces needed to satisfy both you and the township. Please call me with any questions or when you may have an idea when you will be ready for us to commence construction. Sincerely, Michael J. Byrnes General Sales Manager Custom Patio Rooms Corporate Office 2250 Bumble Bee Hollow Rd. Mechanicsburg, Pa. 17055 Phone: 717-975-9291 Fax: 717-975-9292 October 5, 2005 Anstine & Sparler clo John Elliot 117 E. Market St. York, Pa. 17401 Dear Mr. Elliot, I am in receipt of your letter dated Sept. 26, concerning your client Lynn Snyder and I am writing in response to your inquirery. I have also enclosed a copy of my most recent letter to Mr. Snyder for your review. Mr. Snyder's roof design and overall size require a structural beam support. After a job is sold and the general layout and conceptual idea is transferred to our installation department it is there we make the necessary alterations needed to meet building code as well as aesthetic requirements. It is always our goal to keep the original design, including size and materials, as near as possible. The room that was sold to Mr. Snyder has never changed in size or original concept. The doubt arose when the solarium beam shown on the original drawing was in question. It was not proven that this beam could not meet the local load requirements. However, after meeting personally with Mr. Snyder, and satisfying his concerns for adequate support, I employed an engineer to redesign the room using a S" steel beam. Those drawings, sent by mistake prior to my approval, showed a interior support column. Mr. Snyder was not in favor of this inside beam and thus believed the original design had changed. I assured him that this was sent in error. Shortly afterward we mailed Mr. Synder the correct set of drawings. He had his engineer reconfirm the data was accurate and told me so in a phone conversation. He then asked for a new set of drawings, structural support information on what the beam was going to rest on and criteria on how we are attaching the roof to his existing structure. All was sent out along with the letter I am enclosing. Mr. Snyder's materials are in our warehouse and ready to be installed. I asked Mr. Snyder to give us a 3 to 4 week window once his foundation work was completed. If there are remaining question or, if you need my assistance with anything additionally, please feel free to call at the number listed above. Respectfully, Michael J. Byrnes, General Sales Manager r Anstine & Sparler ATTORNEYS AT LAW TELEPHONE (717) 846-8811 FAX (717) 852-8915 www.anstinesparter.com 117 EAST MARKET STREET YORK, PA 17401 November 16, 2005 Michael J. Byrnes Custom Patio Rooms Corporate Office 2250 Bwnble Bee Hollow Rd Mechanicsburg. PA 17055 RE: My Client: Lynn Snyder Dear Mr. Byrnes: Previously I had written to you October 18, 2005 concerning my client, Lynn Snyder. I have not heard back from you or your attorney regarding reimbursement of Mr. Snyder's deposit. If we do not have a response from you within the next seven (7) days, we will have no choice but to proceed with legal action in this matter. I look forward to hearing from you. Very truly yours, J04- R. Elliott J RE/amen WILLIAM B. ANSTINE, JR. • KENNETH J. SPARLER • JOHN R. ELLIOTT " • ANDREW B. BROWN " JEFFREY R. BELLOMO • W. BURG ANSTINE (1910-1991) 'Also Admitted in Maryland SINCE 1983 ?r cdslio" PATIO ROOMS' Corporate Office 2250 Bumble Bee Hollow Rd. Mechanicsburg, Pa. 17055 Phone: 717-975-9291 Fax: 717-975-9292 November 21, 2005 Anstine and Sparler c/o John Elliott V, 117 East Market St. York, Pa. 17401 Dear Mr. Elliott, I am in receipt of your letter dated 11/16/05 on behalf of your client Lynn Snyder. As mentioned in my previous letters to both you and Mr. Snyder, Custom Patio Rooms has a legally binding contract with Mr. Snyder. We have acted in good faith and in accordance with our agreement. We have provided both the township and Mr. Snyder with the necessary required information. We contend that there were some minor modification made to both meet local building code requirements and to appease Mr. Snyder. Other than raising the rear wall height one foot (advantage to Mr. Snyder at no additional cost) the original footprint, outline, materials and finished product never changed from what our contract details. I have reviewed the agreement and all corresponding letters with our legal representative and it is their contention that we have performed within the scope of our agreement. After personally meeting with Mr. Snyder and speaking with him over the telephone it is my "gut feeling" he now desires the room to be "stick built" therefore creating excuses not to proceed with our agreement. Our position remains steadfast. Mr. Snyder can continue to employ your services and take this to a higher level. The language of our sales agreement is clear. If the courts find favor in our behalf, and we are confident they will, Mr. Snyder will be responsible for your fees, our attorney fees, all court costs and our sales agreement. We are prepared to defend our position and our actions to date. Mr. Snyder can have his Patio Room built as contracted or, he can forfeit his one-third deposit and we will release him form any further obligations with Custom Patio Rooms. We are apologetic our differences have got to this level. It is our hope we can amicably work out the details. We are confident that, giving the opportunity to fulfill our contract, Mr. Snyder will be pleased with the finished product and the added value to his home. Respectfully, Michael J. Byrnes, Regional Sales manager Custom Patio Rooms ro cn SHERIFF'S RETURN - REGULAR CASE NO: 2007-06265 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SNYDER LYNN ET AL VS CUSTOM PATIO ROOMS OF CENTRAL MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon nTTerrnM 'DATTn T?nnMq nP r''F.TTTPAT. PA the DEFENDANT , at 0936:00 HOURS, on the 29th day of October , 2007 at 2500 BUMBLE BEE HOLLLOW ROAD MECHANICSBURG, PA 17055 BOB BLACK, OWNER by handing to ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Postage Surcharge jtk/0 7 18.00 10.56 .58 10.00 .00 39.14 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 10/30/2007 IRA WEINSTOCK By: Deputy Sh i of A. D. John B. Dougherty, Esquire Supreme Court I.D. No. 70680 IRA H. WEINSTOCK, P.C. 800 North Second Street Harrisburg, PA 17102 Telephone: 717-238-1657 Facsimile: 717-238-6691 Attorneys for: PLAINTIFFS LYNN SNYDER AND ELENA SNYDER, Husband and Wife, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. Plaintiffs, vs. ; CUSTOM PATIO ROOMS OF CENTRAL PA, NO. 07-6265 Civil Term Defendants CIVIL ACTION - LAW PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: John B. Dougherty, Esquire, counsel for the Plaintiffs in the above action, respectfully represents that: I . The above-captioned action is at issue. 2. The claim of the Plaintiff in the action is more than $11,289.00 but less than $50,000.00. 3. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: None. WHEREFORE, your Petitioner prays your Honorable Court to appoint three arbitrators to whom the case shall be submitted. Respectfully Submitted IRA H. WEINSTOCK, P.C. 800 North Second Street Harrisburg, PA 17102 Phone: 717-238-1657 By: JOHN B. DOUG RTY Attorney I.D. No. 70680 . , a CERTIFICATE OF SERVICE AND NOW, this .010 day of , 2009, I, John B. Dougherty, Esquire, attorney for the Plaintiffs, hereby certify that I served the within PETITION FOR APPOINTMENT OF ARBITRATORS this day by depositing the same in the United States mail, postage prepaid, in the post office at Harrisburg, Pennsylvania, addressed to: By First Class Mail: Custom Patio Rooms 2250 Bumble Bee Hollow Road Mechanicsburg, PA 17055 By: JOHN B. DOUGHE TY 44- 94 Sv W © .'" of A? W 4 LYNN SNYDER AND ELENA SNYDER, IN THE COURT OF COMMON PLEAS Husband and Wife, CUMBERLAND COUNTY, PENNA. Plaintiffs, VS. NO. 07-6265 Civil Term CUSTOM PATIO ROOMS OF CENTRAL PA, ; Defendants. : CIVIL ACTION - LAW ORDER AND NOW this _Aay of , 2009, in consideration of the x 0 foregoing Petition, , quire, , Esquire, and ?,_AVIA , Esquire, are appointed Arbitrators in the above-captioned action as prayed for. B EC UtL_ J. )ISTRIBUTION: John B. Dougherty, Esquire, 800 North Second Street, Harrisburg, PA, 17102 (Phone: 717-238-1657) ? Custom Patio Rooms, 2250 Bumble Bee Hollow Road, Mechanicsburg, PA 17055 126-pt ES inf. c,LCL ?1.3 6/07 i1F wn?f 1?..... (1J wnr? ?.+cQ+4C k aA no`, In The Court of Common Pleas of Cumberland Plaintiff Defendant County, Pennsylvania No.07 (nat? Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the uties your office with fidelity. 1 /n / Signature WI L Name -ax's LAaak" nRR cR Law Firm Address Q6????a city, zip Wmitko,Wd Law Firm o C LAX J . 4;;,-% 1`r1 Name Law Firm s? 3oo I HN e,, S, Address uju? X-?; Address a %U. r,%rbvi Aq MOM 1108 -1 J 11 City, Zip City, zip /2 S'3 ? l ?. Award 36 [3 We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) Date of Hearing: !::j _ Qn _ (D9 Date of Award: L+ - aQ - O 9 (Chairman) Notice of Entry of Award Now, the pc ,y of 2001 , at 4!,6 Q , ? M., the above award was entered upon the ket and notice th eof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $e16 W 06 By: Prothonotary Deputy . Arbitrator, disseqts. (Insert name if applicable. FiLEID-0411" E OF - E L, ; 7F, tOLTAP 2009 APR 22 Pik ?: 09! e 40 P ? es en Z, 9 zrcL cc; 20/4 /&j Plaintiff Defendant { In The Court of Common Pleas of Cumberland County, Pennsylvania Na._ Civil Action - Law. Oath We do solemnly swear (or affirm) that we will su o obey and defend States and the Constitution of this Commonwealth and that we will dihar eConstitu . on of the United with fide g the duties spur office Law Firm Address ' 4a, Zip - ?! ? 6vwr, P. C. Law Firm Address 5 a + 4 Name w,?, LP Law Fil 306? M?? Sr Address G-ozrfb?+l ?? . f 71c?Y City, Zip 7 f City, np We the undersigned arbitrators, haviig been d and following award, ( y appointed and sworn (or affirmed) make the Note: If damages for delay ari-awarded' they shall be' separately'stated ?? -? "' , ^ -'tom ...; ..?,? ?r i?cr.vti.. ,.? . ? + ? c ? ? ? 3 R. LONG y?PP?r rotary riand County PITNEY BOWES urthouse Square F11 E- r r1G? 02 iA $ 00.42° PA 17013 ? ?T * ? Y OF ?C I ?,,'+.??E-r' 3TAP: 0004631598 APR 23 2009 ?1J MAILED FROM ZIP CODE 17013 CUSTOM PATIO ROOMS 0 -2 2250 BUMBLE BEE HOLLOW ROAD MECHANICSBURG, PA 17055 NXXtE 1715 DE 1 00 O3,i15109 RETURN TO SENDER NOT DELZVERA BLE AS ADDRESSED UNABLE TO FORWARD HC: 17013339325 *0219-05008-2a-39 i ` Owl- -1 i,,,l1i,,,lll,,,,?,1l„11,?,11,,,11,,,1,1fill ,,1111111Milli