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HomeMy WebLinkAbout04-2295RANDALL WATTS and LAURA WATTS, husband and wife Plaintiffs, VS. BEAM'S CARPET, INC., Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NC~TIC. I: SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 RANDALL WATTS and LAURA WATTS, husband and wife Plaintiffs, VS. BEAM'S CARPET, INC., Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ' I :NO. SAIDIS SItUFF, FLOWER & LINDSAY 26 W. High Slreet Carlisle, PA CCtMPI AINT COUNT I. NEGLIGENCE AND NOW come Plaintiff, by and through their attorneys, SAIDIS, SHUFF, FLOWER AND LINDSAY, and aver as follows: 1. Plaintiffs are RANDALL WATTS and LAURA WATTS, husband and wife, adults, residing at 116 Hope Drive, Boiling Springs, Cumberland County, Pennsylvania 17007. 2. Defendant is BEAM'S CARPET, INC., believed to be a Pennsylvania corporation, with their place of business at 1464 Trindle Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff's purchased a newly constructed home at 116 Hope Drive, Boiling Springs, Pennsylvania, from Yanek Custom Homes, on or about December 28, 2000. Yanek Custom Homes subcontracted the installation of carpet and installation of shower and tile in the bathroom to Defendant, BEAM'S CARPET, INC. 4. On August 26, 2003, Plaintiff's noticed water staining on the ceiling of their family room in the area of the ceiling under the master bedroom. Upon 2 SAIDI$ SHUFF, FLOWER & LINDSAY Carlisle, PA investigating, they observed water on the inside framing of the shower wall/tub deck flowing under the floor and onto the ceiling below. They promptly dried the area and ventilated it and discontinued the use of the shower until replacement was completed. 5. Employees of BEAM'S CARPET, INC. installed the shower and tile in the master bathroom in a negligent and defective manner such that various joints between tiles deteriorated prematurely, no waterproof membrane was installed, and the shower area was not water tight, but leaked water under the floor. 6. On January 24, 2003, Plaintiffs met with employees of Defendant BEAM'S CARPET, INC. who observed that water would "pump" from under the floor when it was walked on. 7. It was agreed at that time by Defendant BEAM'S CARPET, INC. that the shower floor would be replaced to remedy the defective work, and in April of 2003, BEAM'S CARPET, INC. replaced the shower floor. 8. Within two days after the replacement, the caulking in the joint between the floor and the wall in the shower had again dissolved and the shower was no longer water tight. Other defects included two different color tiles in the shower, grout that did not match the grout in the original shower, areas where the old and new tiles were not flush and the floor of the shower was installed in such a way as it was rough and uneven. 9. The carpet in the master bedroom was also improperly installed and stretched by Defendant BEAM'S CARPET, INC., such that a heaving in the carpet resulted and the surface was marred with carpet ridges in several areas. 3 SA1DI$ :HUFF, FLOWER & LINDSAY ~6 W. High Street Carlisle, PA 10. Defendant BEAM'S CARPET, INC. having attempted to repair the defective shower area and having failed, Plaintiffs no longer had confidence in Defendants ability to repair the defective work in a good and workmanlike manner. Consequently, Plaintiffs contracted with Fluss Flooring, Inc. to repair the shower area, to re-stretch the carpet in the master bedroom and the hall. Fluss Flooring, Inc. utilized H2,LLC to reinstall the shower door. 11. Invoices were attached for the tile work for Two Thousand Seven Hundred Seventy-seven and 40/100 ($2,777.40) Dollars for reinstalling the shower door for One Hundred Thirty-one end 25/100 ($131.25) Dollars, and for re-stretching the in master bedroom and hall for Two Hundred Eighty-five ($285.00) Dollars, all of which work was reasonable in cost and necessary to correct the defective workmanship of Defendant BEAM'S CARPET, INC. Defendant's employees were acting within the scope of their employment in performing the original defective installation of the shower area and tile and carpet, and in performing the defective repair work on the shower area and tile. 12. Plaintiff's damages were caused solely by the negligence of Defendant's employees acting within the scope of their employment. WHEREFORE, Plaintiffs demand judgment against Defendants in the amount of Three Thousand One Hundred Ninety-three 65/100 ($3,195.65) Dollars, plus costs and interest. 4 COUNT II. BREACH OF CONTRACT 13. Plaintiff incorporates herein paragraphs 1 through 12. 14. The defective work which was set forth above was a breach of Defendant's obligation to perform its work in a good and workmanlike manner, and constituted a breach of contract. WHEREFORE, Plaintiffs demand judgment against Defendants in the amount of Three Thousand One Hundred Ninety-three 65/100 ($3,195.65) Dollars, plus costs and interest. SAIDiS, SHUFF, FLOWER & LINDSAY Attorneys for Petitioners James D. Flower, Jr, Es~ui~ 26 tree, Carlisle, PA 17013 (717) 243-6222 I.D. #27742 SAIDIS ~FF, FLOWER ! LINDSAY W. High Street Carlisle, PA 5 VERIFICATION We, RANDALL WATTS and LAURA WATTS, Petitioners herein, hereby verify that the statements made in the within instrument are true and correct to the best of our knowledge, information and belief. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorities. Randall Watts SHERIFF'S RETURN - REGULJ~R CASE NO: 2004-02295 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WATTS RANDALL ET AL VS BEAM'S CARPET INC VALERIE WEARY Cumberland County,Pennsylvania, says, the within COMPLAINT & NOTICE was BEAM'S CARPET INC DEFENDANT at 1447:00 HOURS, on the 21st at 1464 TRINDLE ROAD CARLISLE, PA 17013 TERRY BEAM, SON OF OWNER, a true and attested copy of COMPLAINT & NOTICE Sheriff or Deputy Sheriff of who being duly sworn according to law, served upon the day of May , 2004 by handing to ADULT IN CHARGE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 31.45 Sworn and Subscribed to before me this ~L ~ day of ¥ A.D. ~rbthonotary So Answers: R. Thomas Kline 05/24/2004 SAIDIS SHUFF FLOWER LINDSAY eputy S~iff