The URL can be used to link to this page

Home My WebLink About04-1744ROBERT B. COLLINS d/b/a COLLINS CONTRACTING GROUP, PLAINTIFF LEE A. WOODALL d/b/a LEE WOODALL'S ESCAPE FITNESS and/or LEE WOODALL ENTERPRISES, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 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 fights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 ROBERT B. COLLINS d/b/a COLLINS CONTRACTING GROUP, PLAINTIFF LEE A. WOODALL d/b/a LEE WOODALL'S ESCAPE FITNESS and/or LEE WOODALL ENTERPRISES, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMPLAINT 1. Plaintiff is Robert B. Collins, d/b/a Collins Contracting Group, who resides at 1101 Lindham Court, Building 502, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant is Lee A. Woodall, an adult individual who does business as Lee Woodall's Escape Fitness and/or Lee Woodall Enterprises, and who resides at 21 West Mulberry Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. Pursuant to an oral agreement between Plaintiff and Defendant, Plaintiffprovided certain services at a property leased by Defendant from Gateway Square Association, LLC, at Gateway Drive, Hampden Township, Cumberland County, Pennsylvania, which services included certain demolition and preparation work in anticipation of the construction of Defendant's health club at that location. 4. Pursuant to an oral agreement between the parties, said services were to be furnished and Plaintiff was to be paid for time and materials furnished by Plaintiff and Plaintiff's subcontractors at their standard rates and the prices paid by them for the materials plus a reasonable percentage. 5. The services rendered which are the subject of this Complaint were completed on the 19th day of February, 2004. The total amount due from Defendant to Plaintiffpursuant to the agreement of the parties was the sum of $22,796.97. 6. As of the date of this Complaint, Defendant has paid to Plaintiffthe sum of $4,106.27, leaving an outstanding balance remaining due from Defendant to Plaintiff in the amount of $18,690.70. Despite repeated requests, Defendant has failed to pay Plaintiff the amount due and owing. 8. Plaintiff will incur attorneys fees and court costs in pursuing the collection of these unpaid sums. WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in his favor and against Defendant in the amount of $18,690.70, plus reasonable attorneys fees and costs of suit. COUNT II 9. The allegations contained in Paragraphs I through 8 are incorporated herein as if set forth in full. 10. For a period of time commencing in January, 2004, and continuing through February, 2004, Defendant consulted with Plaintiff regarding the construction of improvements at his leasehold premises located at Gateway Drive, Hampden Township, Cumberland County, Pennsylvania. 11. On repeated occasions during the period of time from the beginning of January, 2004, through the end of February, 2004, Defendant repeatedly requested of and promised to Plaintiff certain services involved in the construction of the improvements at the subject premises, including assistance in the design and specifications for the premises, and specifically including all of the services needed for the installation and construction of the improvements to the leasehold premises. 12. In furtherance of his repeated promises to Plaintiff, Defendant requested that Plaintiff take certain actions in furtherance of the completion of the project, including, but not limited to, obtaining certain permits from the appropriate authorities at Hampden Township, including building permits, making arrangements with and scheduling of subcontractors, etc.. 13. The total amount of the services anticipated to be performed by Plaintiff, based upon the promises and representations of Defendant, the requests of Defendant that Plaintiff act in furtherance of those promises and requests, and the action taken by Defendant in furtherance of those promises, on the basis of time and materials to be furnished by Plaintiff and his subcontractors at their standard rates and the prices paid by them for the anticipated materials plus a reasonable percentage for profit was the sum of $759,000.00. 14. Plaintiff relied upon the repeated oral promises of Defendant to his detriment. As a result of the repeated oral promises of Defendant, Plaintiff invested a significant amount of his own personal time in furtherance of Defendant's project and turned away work from other potential customers in order to make himself available for Defendant's project. 15. On or about February 23, 2004, despite the fact that Plaintiff had relied upon the promises of the Defendant and had taken action at the request of Defendant in furtherance of Defendant's project, as described above, Plaintiff was advised by an agent for Defendant, and without reasonable explanation whatsoever, that a different contractor would be retained to complete the services involved in the construction of the premises at the subject leasehold premises. 16. As a result of Defendant's breach of his oral promises to Plaintiff, Plaintiff has suffered, to his detriment, the loss of income in the amount of $759,000.00. WHEREFORE, Plaintiff respectfully requests that this Honorable Court grant judgment in his favor and against Defendant in the amount of $759,000.00, plus reasonable attorneys fees and costs of suit. DATE Respectfully submitted, ROBERT P. KLINE, ESQUIRE 714 Bridge Street Post Office Box 461 New Cumberland, PA 17070-0461 (717) 770-2540 Attorney for Robert B. Collins d/b/a Collins Contracting Group COLLINS CONTRACTING GROUP 1101 Lindham Court Bldg. #502 Mechanicsburg, PA. 17055 Lee Woodall Lee Woodalls' Escape Fitness 21 West Mulberry Hill Road Carlisle, Pa. 17013 Final Invoice 02/26/2004 Roll-off and debris Equipment Materials Labor Labor - Rob TOTAL Received 01/08/04 Received 02/10/04 Total due Net 10 days $ 6486.10 $ 2204.53 $ 251.34 $ 5575.00 $ 8280.00 $ 22796.97 $ 2076.27 $ 2030.00 $18690.70 CC:RPK, Esq. EXHIBIT "A" VERIFICATION I verify that the statemems made in the foregoing Complaim are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date ROBERT B. COLLINS SHERIFF'S RETUR~ - REGULAR CASE NO: 2004-01744 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COLLINS ROBERT B DBA COLLINS VS WOODALL LEE A DBA LEE WOODALLS CHIEF DEPUTY RONNY ANDERSON , Cumberland County, Pennsylvania, says, the within COMPLAINT & NOTICE was served upon WOODALL LEE A DBA LEE WOODALLS ESCAPE FITNESS/LEE WOODALL EN the DEFENDANT at 1546:00 HOURS, on the 26th day of April , 2004 at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 by handing to LEE A WOODALL a true and attested copy of COMPLAINT & NOTICE together with Sheriff or Deputy Sheriff of who being duly sworn according to law, and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service .00 Affidavit .00 Surcharge 10.00 .00 28.00 Sworn and Subscribed to before me this ~ ~ day of ~7~W3 W A.D. -;l~rothonotary ~' ~ ' So Answers: R. Thomas Kline 04/27/2004 ROBERT PETER KLINE By: _ ROBERT B. COLLINS d/b/a COLLINS CONTRACTING GROUP, PLAINTIFF LEE A. WOODALL d/b/a LEE : WOODALL'S ESCAPE FITNESS and/or : LEE WOODALL ENTERPRISES, : DEFENDANT : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1744 CIVIL S~TIPULATION OF SETTLEMENt' The parties, Robert B. Collins, d/b/a Collins Contracting Group, Plaintiff, and Lee A. Woodall, d/b/a Lee Woodall's Escape Fitness and/or Lee Woodall Enterprises, Defendant, do hereby stipulate that they have agreed to a settlement of the above-captioned matter, as follows: Lee A. Woodall shall pay the sum of Twenty Thousand Forty-Five and 20/100 ($20,045.20) Dollars, in certified or cashier's funds, to be received at counsel for Plaintiff, Kline Law Office, 714 Bridge Street, New Cumberland, Pennsylvania, on or before 3:00 PM on Monday, June 28, 2004. Said sum includes the amount due to Plaintiff, accrued attorneys fees through the date of this Stipulation, and costs incurred by the Plaintiff in prosecuting this action. Once the full amount is paid timely, Plaintiff agrees to file a praecipe to settle, discontinue, and withdraw this case. If'payment is not received ir~t a timely manner, Plaintiffmay make application to the court for judgment to be entered in the amount which remains outstanding, plus additional attorneys fees and costs accrued. If Plaintiff obtains a judgment against Defendant which is subsequently paid in full, Plaintiff agrees to mark the judgment entered in this case "satisfied". S, d/b/a Collins_ p ises ROBERT B. COLLINS d/b/a COLL1NS CONTRACTING GROUP, PLAINTIFF LEE A. WOODALL d/b/a LEE WOODALL'S ESCAPE FITNESS and/or LEE WOODALL ENTERPRISES, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1744 CIVIL PRAECIPE FOR ENTRY OF JUDGMENT TO THE PROTHONOTARY: Defendant, Lee A. Woodall, dfo/a Lee Woodall's Escape Fitness and/or Lee Woodall Enterprises, having failed to honor the Stipulation of Settlement entered into between the parties and filed of record on June 18, 2004, a copy of which is attached hereto, please enter judgment on behalf of Plaintiff and against Defendant as follows: Amount Due Pursuant to Stipulation Additional Attorneys Fees Pursuant to Stipulation Additional Costs Pursuant to Stipulation Total: $20,045.20 150.00 Respectfully submitted, DATE ROBERT P. KLINE, ESQUIRE 714 Bridge Street Post Office Box 461 New Cumberland, PA 17070-0461 (717) 770-2540 Attorney for Plaintiff ROBERT B. COLLINS d/b/a COLLINS CONTRACTING GROUP, PLAINTIFF LEE A. WOODALL d/b/a LEE WOODALL'S ESCAPE FITNESS and/or LEE WOODALL ENTERPRISES, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1744 CIVIL STIPULATION OF SETTLEMENT ."7 The parties, Robert B. Collins, d/b/a Collins Contracting Group, Plaintiff, and Lee A. Woodail, d/b/a Lee Woodall's Escape Fitness and/or Lee Woodall Enterprises, Defendant, do hereby stipulate that they have agreed to a settlement of the above-captioned matter, as follows: Lee A. Woodall shall pay the sum of Twenty Thousand Forty-Five and 20/100 ($20,045.20) Dollars, in certified or caskier's funds, to be received at counsel for Plaintiff, Kline Law Office, 714 Bridge Street, New Cumberland, Pennsylvania, on or before 3:00 PM on Monday, June 28, 2004. Said sum includes the amount due to Plaintiff, accrued attorneys fees through the date of this Stipulation, and costs incurred by the Plaintiff in prosecuting this action. Once the full amount is paid timely, Plaintiff agrees to file a praecipe to settle, discontinue, and withdraw this case. If payment is not received in a timely manner, Plaintiff may make application to the court for judgment to be entered in the amount which remains outstanding, plus additional attorneys fees and costs accrued. If Plaintiff obtains a judgment against Defendant which is subsequently paid in full, Plaintiff agrees to mark the judgment entered in this case "satisfied". Date Date ~cape Fitness and/or Lee Woodall Enterprises SHERIFF'S RETURN - REGULAR CASE NO: 2004-01744 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COLLINS ROBERT B DBA COLLINS VS WOODALL LEE A DBA LEE WOODALLS JASON VIORAL Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within POST JUDGEMENT REQUEST FO was served upon WOODALL LEE A DBA LEE WOODALLS ESCAPE FITNESS/LEE WOODALL EN the DEFENDANT , at 0938:00 HOURS, on the 3rd day of January 2005 at 21 WEST MULBERRY ROAD CARLISLE, PA 17013 by handing to CHARLENE WOODALL, MOTHER a true and attested copy of POST JUDGEMENT REQUEST FO together with PRODUCTION OF DOCUMENTS ADDRESSED TO DEFENDANT and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: r~~~ 18.00 3.70 .00 10.00 .00 31.70 R. Thomas Kline 01/05/2005 ROBERT P KLINE . e- me this IV day of , l Juc",,) JO{,j A.D. f ./ "\ . l i.~f~. () )MA!(',. ~ ' / rothonotary' ~ ~cy 'heriff Sworn and Subscribed to before By: