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HomeMy WebLinkAbout00-05094MCGRAW-LOCK BUILDERS Plaintiff vs. M. JOSEPH GILL Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.©0 b7S9yr,(01 CIVIL ACTION - LAW NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR CUMBERLAND COUNTY COURTH( ONE COURTHOUSE SQUARE CARLISLE, PA 17013 (717) 240-6200 McGRAW-LOCK BUILDERS Plaintiff VS. M. JOSEPH GILL Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. Gv J-6 4 `f 6 Cj.; Q -r, u,- CIVIL ACTION - LAW COMPLAINT AND NOW, comes Plaintiff McGraw-Lock Builders, by its attorney, Herschel Lock, Esquire, and files its Complaint as follows, to wit: 1. Plaintiff McGraw-Lock Builders is a general partnership having as its principal place of business 301 Market Street, Lemoyne, Cumberland County, Pennsylvania. 2. Defendant M. Joseph Gill is an adult individual residing at 104 Fairway Drive, Dillsburg, York County, Pennsylvania. 3. At all times relevant hereto, Plaintiff was engaged in the business of constructing, inter alia, single family dwellings. 4. On or about October 18, 1999, Plaintiff and Defendant entered into a Construction Agreement which called for Plaintiff to erect and construct a single family dwelling on Defendant's lot located at Lot No. 7 of Irish Glen, Deihl Road, Upper Allen Township, Cumberland County, Pennsylvania (see Exhibit "A" attached hereto). 5. In Paragraph 6 of their aforesaid Construction Agreement, Plaintiff and Defendant agreed, inter alia, that Defendant would pay Plaintiff the sum of Eighty-eight Thousand Three Hundred Fifty ($88,350.00) Dollars in consideration for Plaintiff's construction of a single family home for him, per his plans and specifications, payments to be made periodically and as specified by the Draw Schedule (see Exhibit "B" attached hereto) agreed upon by and between them. 6. Plaintiff completed the construction of Defendant's dwelling in a good and workmanlike fashion and substantially in accordance with Defendant's plans, specifications, and oral instructions and as a result was owed its final draw Eight Thousand Eight Hundred Thirty-five ($8,835.00) Dollars Defendant. 7. Despite repeated requests therefore by Plaintiff, Defendant has refused to pay it the aforesaid final draw monies due. , Plaintiff prays your Honorable Court to enter judgment in its favor and against Defendant Eight Thousand Eight Hundred Thirty-five ($8,835.00) Dollars. DATED: Respectfully submitted: C?,J RIJI, HERSCHEL LOCK, ESQUIRE Attorney for Plaintiff 3107 North Front Street Harrisburg, PA 17110 (717) 238-6661 WITNESSETH, that the_parties, -for the-consideration __, -- - hereinafter set forth, agree as follows:_,_. 1. Contractor-shall furnish the material and.perform._the-_,-: , work required to -erect -and construct a single family residence, _,.-- hereinafter -called "StructureR,_ at -the.-location, jcwwn, and-._ numbered as-Lot -71 Diehl-Road, Upper Allen Township, Cumberland. County, Pennsylvania hereinaafter-=called "Premises"_ .: 2. The structure shall_he_erected in.accordance with the plans and specifications which are -attached -hereto and made a,_,, part hereof. The exact method of construction and the structural configuration shall-be-that-which the Contractor deems necessary for the proper execution and completion of the-work.- The. Contractor shall have the unilateral.right_to make ._such. adjustments to structural components during construction as the.. Contractor may find necessary in-the:course_of--,gonstruction.or which are required by government regulations.-and- to -make substitutions of materials of substantially_eduai__quality to °,- EXHIBIT "A" or -expedient tractorshallx at _itsFexpen e, take,-out_the=_ - - 3 The -Con foundation_on.the premises_and shall obtain Owner's=apprgYal placement-of the structure-:thereon prior to -the- commencement construction;-shall -excavate :and erect.- a four,dation;_.shall-,,_ ___ machine backfill.-the - foundation =with materials excavated from the site and rough -grade „-the.,site, and;-shall-complete the-;structure-_ within one-hundred. twenty (120) days from the date _.of _tha stakeout of -the-foundation __.--_These_.obligations -of-the Contractor shall be limited :as =-follows -._--- .. a. Should additional-fill.be required to.adequately-_ backf ill thefoundation of -the structure and rough grade --the, site, the Contractor shall supply equipment, labor-,and materials so required, with the cost ofsuch -equipment, labor and materials, to be borne by the Owner and payable by them to_the Contractor immediately upon the completion of the backfiill of the foundation and rough grading of the site. . b. In the event the Contractor encounters either; solid or machine rock, quicksand, sinkholes, water,_springs or other unusual conditions during the course of construction and-in-__,, Contractor's sole judgment it is necessary-to remove said rack by _, t ]L 1 2 v: ?'^?-J-`blasting, drillingor 3pecial_`excavation, ar?a?stall-sper?al footings, sub-base;-=foundation walls,:_or drainage systems, =and such work is=not-now set?fortii -in the_glans--and spe_ci_£icati:ons, or to._take-any-other-easures.;not--set _fortU.,;in-;;;he?lans nd _-specifications necessary--to.mJnJmize_,or elimnate_udh-iniusua3. v.,.-_ . conditions,,-or-to perform any other work as may, in the judgment,- of required.by-the law or regulations of.-any local, state-or_federal_government unit_pr:agency, the Owner _ shall have the option of ordering such :work_done_by_the. Contractor,-with the-expense of such equipment, labor and-- wBu P materials necessary-to complete such work to be borne by the , owner, or of-terminating this.Contract. The.-Owner shall-furnish.,.--- the-Contractor_wit1n_written notice of their. e-lect-i on -within .(10) =r:: days afters-Contractor-notifies them of tbe-need-of__such-work In the event owner--elect to terminate the Contract, Owners shall,pay the Contractor within ten (10) days of such election Contractor'.s- cost of-equipment, labor and materials furnished to the date -of. delivery of such written notice of such electionto Contractor and this Contract shall thereafter be null and void-- C. If the Contractor is delayed-at-anytime in the progress of construction-on account of anyact ar neglect,4fthe .- owner or their_.agents, any separate Contractor employed by Owner, changes ordered in-the construction, labor disputes, fire unusual delay in transportation, adverse weather .conditions, unusual- S zY X4'1 '^+Ts ' Tq-R= k"X` -x .F 7 12y Z7 W f i } S i- l ?--° S w 4 F ?s.$ , t -G uc-.e."Zy6l: -<v.-i--+..•?° s,? _ ter-: .., -.. s - mac- r • ? «. _ ? __ y`x i _ - ?'s grauncl canditzanss set Earth--in'the?recediag; subparagraph, unavoidable-casuaitzes, rhitration,_or_any cause_?_b eyond -the 4: Contractor-Is -control, the_Ume of completion shall be extended=---;,- --,- -. accordingly-= .._ - _-;- -- - - 4. The'Contractor -shall execute a stipulation against liens, executed as.a_waiver =of-=its rights to file a mechanics' lien, which shall _be `filed by the Owner-in=the Prothonotary`s Office-prior-to commencement of -construction. 5. The Contractor shall purchase and maintain -insurance - for protection from-the claims set forth-:herein which may arise _ out of-or-result from the Contractor's operations-under-this Agreement: a. Claims under workers' compensation, disability or similar employees benefits-acts; b. Claims for damages for bodily injury, occupational sickness or disease, or -death -of contractor's employees; C. Claims for damages insured by personal injury liability coverage which are sustained by any person as the result of an offense directly or indirectly related to the employment of such person by the Contractor or by any other -_- person; d. Claims for damages, other than to the structure -_- itself because of injury to or destruction of tangible property,' and specifications. Such payments shall be made at times listed . -7--, - in the specifications but_in_no event, _.shall -be made. later .than five-j5) days after--written request by-_th-e-=-Contractor therefore:-- a. Changes, alterations or variations in the accompanying plans and specification-may be=made-by-the Owner- after consultation with -the. Contractor- withaut-additional compensation being paidto the Contractor,--provided that such changes,--alterations-or variations do not-increase.the -labor_to- be expended by the Contractor and do not 'increase _the cost of materials. Changes alterations or_variations.which increase labor to be expended by the Contractor or--increase the cost of materials shall result in Owner paying the Contractor additional sum for-labor furnished by Contractor and the increase cost of materials. The cost for-such changes-shall=be paid by the Owner contemporaneously with the-execution of-the change order,- - otherwise no such changes shall be claimed by Contractor.- Any . such changes and the costs--thereof shall be set forth in writing and executed withthe same formality as this document prior to such work being done.----__ 8. The Owner=shall,-prior-to the-commencement.of. construction, procure-and-maintain--fire-insurance. with extended-- coverage and-coverage--for-theft,-malicious mischief and insurance- upon all materials in-or adjacent to-the-structure-and intended for user therein,=to-=the-full insurable=value-thereof, withloss - ` payable to the mortgagees banking institution, Contractor, or = otherwise all such-damage tosaid premisesand structure by fi.re,_ windstorm or other_?casualty, and liability to the_public=is-_- hereby assumed by the owners: 9. The Owner covenants, represents and warrants that their _ -- land conforms to all znn zg, planning, subdivision regulations and other building requirements applicable to the premises or will conform prior to the start of construction; thatthe _ premises is suitable for the construction proposed under this agreement; that they are the Owner of record of the premises; -_--- that there are no unrecorded deeds; that Owner has good and marketable title to the premises; that a perpetual right-of-way for utility service existsto the.parcel.and-that there-are.nc and warrant that the-construction site-is-accessible by a roadway and the owner's land surrounding the construction..`site_is._ sufficient in_size -to-permittrouble-free m vement_of Contractor's vehicles, machinery and equipment incidental to construction. - 1Q. -Should Owner; without.ause, withhold-any payment or delay in approving _payments_which_such _payments-,are due according to the schedule of payments hereinafter set-forth, Contractor shall have the option of stopping construction, and if-such option is elected, shall notify owners of such stoppage in - writing which shall set forth Contractor'.s reasons for such _ stoppage. Contractor shad-thereafter be under no obligation to resume construction until owner has rectified their withholding or delay in authorization of payments. The-rights of the- / Contractor in this paragraph shall remain a continuing until receipt by the Contractor of full and final payment in -- accordance with this.Agreement. _Contractor.shall.in no way be, liable for any loss or damages whatsoever suffered.by the Owner 11. The -Owner_shali-have-reasonable_acccess__to -the site-at --his s-risk-provided.-specifically, however, that owner shall -not--'in - - any fashion-interfere-with the performance -of-work at-- the -site -by the:Contractor_or his subcontractors-_ The owner shall not give orders-directly-.to-subcontractors, but will deal only with the Contractor------Contractor -will not be responsible for any changes . _-. made by subcontractors at-the direct request of .the Owner. 12. The owner shall have no right to occupy the structure prior to the-completion.of specified construction and payment in full-by the owner, unless an-permission is-given inwriting by the Contractor = ------ The parties particularly understand-:and agree that each covenant, representation, and warranty herein contained is severally of the essence ofthis Agreement and the breach or violation of any one by as party shall excuse performance by the other party, upon notice of such violation or breach. The violation party shall have ten (10) days to rectify such condition, and their or its failure to take such actions shall at. the other party's option cause this Agreement to terminate. 14. The Contractor guarantees allwork performed by it against structural defects for a period of two (2) years from the date of completion of and against all other defect for a period of one (1) year therefrom. Additionally, Contractor warrants that the structure shall meet or exceed minimum insulation requirements for such a structure current at the time of the execution of this Agreement. 15. This Agreement, which includes the plans and specifications referred to herein, constitutes the entire Agreement between the parties. No change therein and no alteration, variation, or so-called "extras" shall be asserted by either party unless a supplemental written agreement or memorandum is executed by both parties, setting forth in substance, the nature thereof and the extra cost or deduction, as the case may be, resulting therefrom. It is expressly agreed that neither party will ever assert any waiver of this requirement or assert that any change, alteration, variation, or "extra" has been agreed to orally or other than in writing. Both parties hereby agree that no claim or defense of so-called "waiver" may or shall be used by either in any action upon this Agreement. The parties intend that any claim, defense, allegation, or assertion or either party must always be supported by a writing, duly signed by both parties hereto. 16. This Agreement shall not be assignable by either party 17. This Agreement shall extend -to -the -executors, administrators-and assigns of the Owne=anc_the -Ccntractor; .-Any other _written-agreement . between-the.parties sequired_by_any_ _- -, financing institution hereafter-shall be supplemental hereto. IN WITNESS-WHEREOF, the owner-and the,Contractor have executed and delivered this Agreement the day and year first. above written. --_ Signed, seal and delivered.- _ in the presence of OWNER `h, ?"r CONTRA TCR by /!3/?? 07/14/2000 16:23 7179751626 JOS MCGRAW INC. PAGE 01 Specifications - Um 0 11 miadl meet LID" s of r M-4441tiad, at instead of, the a`ws spoeifiaatidns, the follewisg changes paw been Lpaoed to by the undersigned buyers am{ mildest 1. Corp" 431011404 (amteriaa): $12.95 agaard rand, Plus $3.00 per square Yard tog Padding, Piue $2.00 tar installation. 11.,6o 2. V1aY1 floerimg allownoa (rite""), $12.95 sgaare yard, plus $3.00 tar installation. kf*% sl 3. Lighting tlsture aliowaemn $a00.?jMS a 0 . 4. milt sateen to be maintained by builder until gross is aetablimmd. 5. muildmr agrees to maw the prnpsrty in alaan add mmme-in condition Prior to eettlaeaut. 6. A final walk-tbrwgh ine5aotion will take plane at iris ey arak Prior to sostloomet, at which tun a -pn ob liet" will be People". gyl ?poneh list- items will be oorreotad prior to settlemeat. 7. duildar warrants all work against dozens for a varied of ate (1) roar tr'aY the date of aettieaeht. In sdditica. the boudir watraats the stvacture against aefiaatd for a vesiod of two (2) years trod the date of settlement. rAilOIR dCf5IDOL1t 1. before work edmmemees 10% $8,835.00 1n 2. roundatwa snotalled w/peeging. iY add aarbait ccatu q la time 19% 313,252.00 3. Roof is eoepiataly lostallad 444 doors and windows are Lsatalled i. Public water sad ewwar hookups installed, rough wiring, rough Plumbing and rough heating lastallod, interior studding arset.d, siding installed sad basement eanaretsd S. Iaenlation, drywall, tYim, cabinets, vaniti", eataride brickwork, qutterm and downspouts ors Completely installed 20% 6. When all rua&U V loads, both interior and estaiier ass loft completed. This immladea 411 interior and anterior p"Atihq, floor cowringr, setviMlrslks, driveway, cladding, add fSeal. grade coke and seeding 10% TotAls: loot 0 10 1 S17,VO.00 $17,670.00 q1 Sit + Sd,835.00 $da.350.00 I w #LWI - H I> f+ x'11 t.? 25•$22,058.00 p+°'°' 1?pj* Srlr?.,? 41 ?? doh ±41 `wiifu* frrf.G gsrrc 3o? 20% J:ntsi Td Wd97:t0 0022 70 'adH : 'ORS 9NCMd WRISAS X.J *1L4S*L*d : WON-1 EXHIBIT "B" VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: 7/20/00 r .._ 22 c?_ AMES X cGRAW ? n ? _.,.z ?l ?' '' (V ?? j y ?. C u?, c ? _ ' p J G - _ ~? ?, ?. ? r L y: "' , :} l7? --c O 4rx d t't vfs ? !V JJ In the Court of Common Pleas of Cumberland County, Pennsylvania No. Ob -(] qy Civil. 19 To Prothonotary W&quJi wo(/( Attomey for Plaintiff No. vs. Term, 19 PRAECIPE 19 Atty. ?u .J COUNTY OF YORK 4 OFFICE OF THE SHERIFF S(7 117)771 96 1L 28 FAST MARKET ST_ YORK PA 17401 SHERIFF SERVICE INSTRUCTIONS PROCESS RECEIPT, and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LINE 7 TO 12 DO NOT DETACH ANY COPIES 1. PLAINTIFF/S/ 2. COURT NUMBER McGraw-Lock Builders 20-5094 Civil 3. DEFENDANT/S/ 4. TYPE OF WRIT OR COMPLAINT M. Joseph Gill Notice & Complaint SERVE 5. NAME OF INDIVIDUAL COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD. M. Joseph Gill 6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APL NO., CITY, BORO, TWP., STATE AND ZIP CODE AT 104 Fairway Drive, Dillsbur , PA 17019 7. INDICATE SERVICE: ? PERSONAL - ? PERSON IN CHARGE EPUTIZF;U ula fd1- ? 1ST CLASS MAIL ? POSTED O OTHER NOW 9 / 5 / 00 20_ [,SHERIFF OFD COUNTY, Ph, do hereby d e the sheriff of York COUNTY to execut no re eF according to law. This deputation being made at the request and risk of the plaintiff. OUT OF COUNTY CUMBERLAND ADVANCE FEE PAID BY CUMBERLAND COUNTY SHERIFF NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for am, loss. destruction, or removal of any, Drooerw before sheriff's sale thereof. 3107 N. FRONT ST., HARRISBURG, PA 17110-1310 'ND NOTICE OF SERVICE COPY NAME AND ADDRESS BELOW: (This area must be cc CUMBERLAND COUNTY SHERIFF (717) 238-6661 9/5/00 13. 1 acknowledge receipt of the writ 14- DATER EIVED 15. Expimtion/Hearing Date or complaint as indicated above. J. LUDWIG 6/00 10/5/00 16. HOW SERVED: PERSONAL- RESIDENCE ( ) POSTED( ) POE( ) SHERIFF'S OFF OTHER( ) SEE REMARKS 17. p 1 hereby certify and return a NO FOUND because I am unable to locate the individual, company, etc. named above. (See remarks below.) And AND TF OF I?ypI?ID AL ERVED / LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19. Date of Service 20. Time of Service Y\\, ?4v Yal R 7TO S6P# O //_ 9- /S°OD GG ? ?25',Zf^ 21. TTE PT D I Tim Miles 1 t. Date Time Miles Int. Date Time Miles Int. Date Time Miles Int. Date Time Miles Int. Date Time Miles Int. 9 (So ee. nemnnna 18.010 1 115.60 1 1 33.60 1 12. 34. 21St 44. Signature of l 41. AFFIRMED and subscribed to before me this Dep. Sheriff - - - v Gf ?? Si PTE1,1BER= 00 42 Signature of York -. , day of county Sheriff -rJo,,na'saai TARP ' ILLIAM M. HOSE r J arnes V. Va ioree-. Notary Public _ YOric, Yolk Crum h,. PA Signature of Foreign 46. r My comrniasiod Expires. Jan. 22. 200 County Sheriff 35.60 1 64. or 0 1.-WHITE- lssuirid Apthdrity' 2. PINK - Attorney 3.CANARY -Sheriff's Office 4. BLUE - Sheriffs Office CF OF SN;t'e 00 6 a -i:.an x.uY Y -" W13Ya4+-t°`"'A'.!R?},1'Nop1k?kt tlfi+533-.Ilp@R?yx nK2.AG9?t-5.NW.'?.F•9A969'kffiN&Ni??vi?T`.5ft?;lia: s"rv-Yp?? '!?M4'3'H SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2000-05094 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MCGRAW-LOCK BUILDERS VS GILL M JOSEPH R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: GILL M JOSEPH but was unable to locate Him - deputized the sheriff of YORK in his bailiwick. He therefore serve the within COMPLAINT & NOTICE County, Pennsylvania, to On September 27th , 2000 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep. York Co 35.60 .00 72.60 09/27/2000 HARSCHEL LOCK So answers:. R.'Thomas Kli e Sheriff of Cumberland County Sworn and subscribed t"o? before me this day of 06 ? ..20wy A. D. Prothonotary McGRAW-LOCK BUILDERS Plaintiff VS. M. JOSEPH GILL Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. AZEEXT?t CIVIL CIVIoACTIONOW - LAW ANSWER TO NEW MATTER 8. The averments of Paragraphs 1 through 7 hereof are incorporated herein by reference thereto. 9. Admitted and, by way of further answer, it is averred that Defendant ordered those plans and provided them to Plaintiff. 10. Admitted 11. Admitted but, by way of further answer, it is averred that while Defendant relied upon Plaintiff's advice before deciding to reverse his plans and that Plaintiff indicated it would not need a new set of plans, Defendant alone made the final decision to do so after considering the topography and grading of his lot, his plans and the location of the sewer system on the rear of his lot, all of which necessitated the reversal of the plans as to better allow proper sewage drainage from the house and the less steep driveway Defendant desired. 12. Denied and, by way of further answer, it is averred that Plaintiff built Defendant's house properly and in accordance with the plans and specifications therefore and in a good and workmanlike manner. 13. Denied and, by way of further answer, it is averred that the change of the placement of the garage door was Defendant's F MuM N s4sssi C -. decision. 14. Denied and, by way of further answer, it is averred that Defendant made his own decision to change the placement of the garage door, from the front of his house to its side, that there is sufficient room with which to be able to back out of the garage and turn to go down driveway and that the backup area's length meets the minimum standard for the residential construction industry and goes to the boundary lien of Defendant's property. 15. Admitted and, by way of further answer, it is averred that Defendant began to construct Defendant's house only after Defendant first viewed and approved its stakeout. 16. Denied for reasons more fully set forth in Paragraphs 14 hereof. 17. Admitted in part and denied in part. By way of further answer, while it is admitted there is a slope at the western side of the driveway approximately twenty-four (24') feet from the entrance of the garage, this caused by the topography and grade of Defendant's lot and his construction plans and demand for a side opening garage, it is denied the slope is four (4') feet, that it is dangerous or that it cannot be easily remedied with minimal effort and expense if it presents some small problem. 18. Denied and, by way of further answer, it is averred that Defendant's plans and the specifications for his house fail to set a depth for its foundation and its depth was in fact dictated by Defendants' need to have a sewer hookup from his house to the sewer main, already on his lot, that slopes downwards. 19. Denied for reasons more fully set forth in Paragraphs 17 and 18 hereof and, by way of further answer, it is averred that Defendant was aware of and approved the depth of his house's foundation before it was constructed, that the depth was dictated by the topography and grading of Defendant's lot as well as his plans and the location of the sewer main on the rear of his lot and that the depth necessitated merely one additional step from the garage to the living area of the house. 20. Denied and, by way of further answer, it is averred that the windows in the garage are at a correct height and do not create an odd appearance nor impact negatively upon the marketability of the house. 21. Denied and, by way of further answer, it is averred that Defendant's plans and specifications call for thirty-eight (38") inch wide hallways. 22. Denied and, by way of further answer, it is averred that Plaintiff constructed thirty-six (36") inch wide hallways in Defendant's house but instead constructed them the width Defendant approved of and, if the hallways are less than the width called for in the plans and specifications, they are less only by the width of the wallboard making up their walls. 23. Admitted in part and denied in part. By way of further answer, it is admitted that Defendant's plans and specifications call for a thirty-two (32") inch wide rear door out the back of the garage, a thirty-two (32") inch wide door from the kitchen to the landing in the garage and a thirty-six (36") inch wide door from the landing to the basement but it is denied that Plaintiff did not install door of such widths. Additionally, it is denied that a thirty-six (36") inch door was called for between the master bedroom and the master bath and, even if it was, it would not have been possible to install due to the insufficient wall length present. 24. Denied and, by way of further answer, it is averred the Defendant reversed the sliding glass door from the living room to the back patio when it and Defendant reversed the plans for the house. 25. Denied and, by way of further answer, it is averred that when Defendant requested Plaintiff reverse has sliding door for a second time, Plaintiff agreed to do so as a change order which Defendant decided he did not wish to spend the money for. 26. Admitted and, by way of further answer, it is averred that the such block concrete was to be made up of cinder block with concrete poured into the open spaces on their inside, this in accordance with the township code. 27. Admitted 28. Admitted 29. Admitted in part and denied in part. By way of further answer, while it is admitted that Defendant desired to change the foundation wall of his house to poured concrete so as to make them more watertight and signed a change order prior to that work being done, it is denied that Plaintiff convinced him or for that matter needed to convince him to do so. 30. Denied and, by way of further answer, it is averred that Plaintiff did not misrepresent to Defendant the additional cost for the poured concrete walls since the cost thereof was clearly marked on the change order signed by Defendant before that work was started. 31. Denied and, by way of further answer, it is averred that the house's vinyl siding was properly installed but, if there were any problems with it, they would have been dealt with at the time of the final inspection which Defendant unilaterally canceled. 32. Denied for reasons more fully set forth in Paragraph 31 hereof. 33. Denied for reasons more fully set forth in Paragraph 31 hereof. 34. Admitted and, by way of further answer, it is averred that even though Defendant's plans did not call for such drywall in the garage the specifications did and thus, except for the stairwell to the small storage area above the garage, the interior walls of the garage are to be drywalled. This matter would have been dealt with at the time of the final inspection which Defendant unilaterally canceled. 35. Denied for reasons more fully set forth in Paragraph 34 hereof. 36. Denied and, by way of further answer, it is averred that Defendant's plans and specifications did not call for a walk in storage area above the garage but did call for the trusses of the garage upon which an attic floor would have been laid to be of a strength less than needed to support the weight of person, a fact made known to Defendant before their installation and which he did not wish to remedy by the installation of stronger, greater weight bearing and more expensive trusses which would also have allowed for the headroom needed for a person to stand up. 37. Denied and, by way of further answer, it is averred that while Defendant did not wish a dropdown ladder for access to the small storage area above the garage and wished a stairway thereto instead this did not create a hazardous condition inasmuch as it would be obvious to a person using it that the small storage area was only for light storage that the "attic area" was of a height that prevents a person from easily standing up and that, in any event, a full attic would not be possible due to the size of the trusses used in the construction of Defendant's garage and called for by his plans and specifications, which he did not wish to spend the money to alter. 38. Denied and, by way of further answer, it is averred that while Defendant may have had an informal plan, not part of his plans, the specifications or the change order that called for a turnaround area for a front facing garage, Defendant in fact ultimately chose a side facing garage from which entrance a twenty-four (24') foot long backout and turnaround area was put. 39. Admitted 40. Denied and, by way of further answer, it is averred that the house's drywall was affixed by the use of both glue and screws. ANSWER TO COUNTERCLAIM 41. The averments of Plaintiff relating to Paragraphs 1 through 40 hereof are incorporated herein by reference thereto. 42. Denied and, by way of further answer, it is averred that except for the drywalling of the interior of the garage, the placement of shelving in one of the house's closets and any matters which would have been dealt with at the time of the final inspection that Defendant unilaterally canceled, Plaintiff constructed Defendant's house in accordance with his plans, the specifications and the oral and written modifications thereto. 43. Denied and, by way of further answer, it is averred that the cost of completing any work not done would be minimal. 44. Denied for reasons more fully set forth in, inter alia, Paragraphs 9, 17, 20, 36, 37 and 38 hereof. 45. Denied and, by way of further answer, it is averred that Plaintiff did build Defendant's house properly and in accordance with his plans and the specifications as modified and the alleged fair market value Defendant ascribes to his house is whimsical. 46. After reasonable investigation, Plaintiff is without knowledge as to the truth of the Plaintiff's averments and proof thereof is hereby demanded. 47. Denied and, by way of further answer, it is averred that Plaintiff built Defendant's house without defects but in the fashion dictated by Defendant's plans, the specifications, the modifications to both and also dictated by the topography and grading of Defendant's lot. As to Defendant's valuation of his house, after reasonable investigation, Plaintiff is without knowledge as to the truth of the Defendant's averments and proof thereof is hereby demanded. 48. Denied and, by way of further answer, it is averred that except for those items set forth in Paragraph 42 hereof Plaintiff did not breach his Construction Agreement with Defendant nor cause G him to suffer monetary harm. WHEREFORE Plaintiff prays your Honorable Court to deny Defendant his prayed for relief. Respectfully submitted: DATED: 11/21/00 (( HERSCHEL LOCK, ESQUIRE Attorney for Plaintiff 3107 North Front Street Harrisburg, PA 17110 (717) 238-6661 VERIFICATION I verify that the statements made in the foregoing Answer are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: 11/20/00 AMES D?d GRAW MoGRAW-LOCK BUILDERS Plaintiff Vs. M. JOSEPH GILL Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, HERSCHEL LOCK, Esquire, hereby certify that I have this 21st day of November, 2000, served the foregoing Answer by depositing same in the United States Post Office, Harrisburg, PA first class mail, postage prepaid, addressed as follows: R. Mark Thomas, Esq. 101 S. Market Street Mechanicsburg, PA 17055 i Vlv ,?? HERSCHEL LOCK, Esquire 3107 N. Front Street Harrisburg, PA 17110 (717) 238-6661 zsfiSlY:zg+n?xsil».a%?'®?a sr ???e w:. irx,-?;ase;ea,es,+?' __ j ?. } rt ' FQ T 'C McGRAW-LOCK BUILDERS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 00-.A94 Civil M. JOSEPH GILL, CIVIL ACTION -LAW Defendant JURY TRIAL DEMANDED PRAECIPE TO SETTLE. DISCONTINUE AND END TO THE PROTHONOTARY: Please mark the Counterclaim that was filed in the above captioned case as settled, discontinued and at end since the parties have reached an amicable resolution to this matter. Respectfully submitted, R. Mark Thomas, Esquire Attorney for Defendant 101 South Market Street Mechanicsburg, PA 17055 (717)796-2100 ID4 41301 r? Z C? ? C? G},3?. ? ??i,; +? G ? -,-r ??? A i G ?: „}, ? ?f MCGRAW-LOCK BUILDERS Plaintiff VS. M. JOSEPH GILL Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-5094 CIVIL CIVIL ACTION - LAW PRAECIPE Please mark the Complaint filed in the above referenced matter as being "settled and discontinued". DATED: ?/z7 0 HERSCHEL LOCK, ESQUIRE Attorney for Plaintiffs 3107 North Front Street Harrisburg, PA 17110 (717) 238-6661 Supreme Court No. 22691 c3 Z[ x? -' TI C_3