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HomeMy WebLinkAbout10-1364v C011AMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS MBER LA N0 CoQmi\1 JUDICIAL DISTRICT MAG. DIST. NO. OR NAME OF D.J. c,,dr? M V s A 146h, SLASAn K DAy M p7' NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Dis- trict Justice on the date and in the case mentioned below. NAME OF APPELLANT kQ v, 13',\krs D A ADDRESS OF APPELLANT I y s S' I e ?' C ?'rcl ? J DATE OF JUDGMENT IN TF al, /10 NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. ?O - ! 3Lq , U C 1 ??Yyj CITY STATE ZIP CODE MoC. kC'hlCAVrf PA 1705 :ASE OF (PLAINTIFF) CLAIM NO. CV YEAR O d d o Lil?- O ?1 LT YEAR ?i vs. I?P W tI ?IS ??? SIGNATURE OF APPELLANT OR HIS ATTORNEY OR AGENT C4" rlz?? This block will be signed ONLY when this notation is required under PA. R.C.P.J.P. No. 1008B. This notice of Appeal, when received by the District Justice, will operate as A SUPERSEDEAS to the Judgment for possession in this case. a ry or Us" If appellant was Claimant (see PA R.C.P.J.P. No. 1001(6)) in action before district Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see PA R.C.P.J.P. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon 13A r Z ez S mo I, 15 a 41 , appellee(s), to file a complaint in this appeal Name of appelldVM (Common Pleas No. within twenty (20) days after service of rule or suffer entry of judgment of non pros. ;?^ fA-1e14 Signature of appellant or his attorney or agent RULE: To l?G r- 6 C Ole, h VILA 4 r ?l , appellee(s) Name of appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty(20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not fie a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED r?hrru t 0u UPON PRAECIPE. (3) The date- or.service of this rule if service was by mail is the date of the mailing. Date: Year Signature of Prothonotary or -Deputy White - Prothonotary Copy Green - Court File Copy Yellow - Appelant's Copy Pink - Appellee Copy Gold - D. J. Copy rha, U S'A Proth. - 76 ;i ; I ?L I. 2010 FEB 25 M-1 9: 5' 76' EL ALI etc.- Arx?K / PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN' TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby swear or affirm that I served ? a copy of the Notice of Appeal, Common Pleas No. , upon the District Justice designated therein on (date of service) , year 0 by personal service I__t"y (oertified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name , on , year , ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. ? and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellea(s) to whom the Rule was addressed on , year , ? by personal service ?by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF , YEAR Signature &AA9ad Signshn of otr<dat botm whom alOdavk was made TO of oA'rdat My commission expires on , year COMMONWEALTH OF PENNSYLVANIA s '. COUNTY OF: CUMBERLAND Mag. Dist. No.: 09-3-03 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS rHOUGGATI, BARBARA 1953 HOLLY PIKE CARLISLE, PA 17015 MDJ Name: Hon. SUSAN K. DAY Address: 229 MILL ST, BOX 167 MT. HOLLY SPRINGS, PA Telephone: (7 17 ) 486-7672 17065 KEN WILLIS, DBA HANDYMAN USA 145 SALEM CHURCH RD MECHANICSBURG, PA 17055 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF L J VS. DEFENDANT: NAME and ADDRESS Fl-KEN WILLIS, DBA HANDYMAN USA 145 SALEM CHURCH RD MECHANICSBURG, PA 17055 L J Docket No.: CV- 0000412 - 09 Date Filed: 10/08/09 (Date of Judgment) 2/01/10 ® Judgment was entered for: (Name) HOUGGATI, BARBARA ® Judgment was entered against: (Name) KEN WILLIS, DBA HANDYMAN USA in the amount of $ 5,043.07 1-1 Defendants are jointly and severally liable. ? Damages will be assessed on Date & Timi 1-1 This case dismissed without prejudice. F] Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Portion of Judgment for physical damages arising out of residential lease S Amount of Judgment $ 4,884.32 Judgment Costs $ 158.75 Interest on Judgment $ .00 Attorney Fees $ Total $ 5,043.07 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME-PROM THE"COURT OF'C'OMMON"PLEAS'AND NO FURTHER PROCESS`MAY BE ISSUED BY-THE MAGISTERIAL DISTRICT JUDGE _ UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. Date certify that this is a true Date My commission expires first Monday of January, 2016 Magis`terial District Jud e copy of the reco? d of U , proceedings containing the.judgment. ' Magisterial District Judge SEAL AOPC 315-07 DATE PRINTED: 2/02/10 10:32:00 AM Er (Domestic Mail Only; No Insurance Coverage Providee. C3 M For delivery information visit our website at www.usps.com- M tr $fr, ?f Postage $ I Sr- Fee $2(ts certified y Return Receipt Fee Post. i?- r $2 3 O (Endorsement Required) He f` Restricted Delivery Fee C3 (Endorsement Required)(1 • i r L( ? On Total Postage & Fees $ L12/25/2010 C3 To o. - ----?c3?? a -----------------------. PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF 4?717VP&A) ; ss AFFIDAVIT: I hereby swear or affirm that I served fdl a copy of the Notice of Appeal, Co?mon Pleas No. upon the District Justice designated therein on J? (date of service) -?/ a /p year , []by persJ/onal service 21by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name AI?G ?'4 cr9 ?(e?%? 4 C f. on le'4 zf- year .20/ 1, ? by personal service Oby (certified) (registered) mail, sender's receipt attached hereto. and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on year c'l v , ? by personal service,?dpy (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS s DAY OF /7C• aL YEAR aZ o,10 sin re o/ofi5cia lore wham affidavit was made Title of official My commission expires on IZAt- year Signature o/Afflant COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL KELLY P. ROBERTS, Notary Pubic Paxtang Boro., Dauphin County Commission Expires Jan 27.2013 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JJJDGMENT COMMON PLEAS No. 1_1(( 10-- t NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Dis- trict Justice on the date and in the case mentioned below. NAME OF APPELLANT MAG. DIST. NO. pOR NAME OF D.J. ?/ f)AA i c,r? Ho I,) SvcSc, V K Or, h 57 ADDRESS OF APPELLANT tt CITY STATE Z(P CODE x SF !? ln, hi ( 'i. l? v1 ilC t\G N 1 t S - bVr C r H ! DATE OF JUDGMENT IN THE CASE OF (PLAINTIFF) (DEFENDANT) d. 1 1 1 1 0 1 15G r h c,rc, i"1 o f CLAIM NO. CV YEAR 0 (J ()C-) N11- o Cl LT YEAR <' c vs. F I I A G n d r c- V S 1? SIGNATURE OF APPELLANT OR HIS ATTORNEY OR AGENT This block will be signed ONLY when this notation is required under PA. If appellant was Claimant (see PA R.C.P.J.P. R.C.P.J.P. No. 1008B. This notice of Appeal, when received by the District Justice, will operate as No. 1001(6)) in action before district Justice, he A SUPERSEDEAS to the Judgment for possession in this case. MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. Signature o re on ary or Lvputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see PA R.C.P.J.P. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon 13 c, 1-4 c f el- )q o c; g ? G 41 , appellee(s), to file a complaint in this appeal Name of appelleetaf (Common Pleas No. / within twenty (20) days after service of rule or suffer entry of judgment of non pros. r) 1) Signature of appellant or his attorney or agent RULE: To Rc b c rC? h O L C ? I' , appellee(s) Name of appellee(s) -1 -1 (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty(20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINS YOIt UPON PRAECIPE. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: Year White - Prothonotary Copy Green - Court File Copy Yellow - Appelant's Copy Pink - Appellee Copy Gold - D. J. Copy Z-1 Imo ' ig uFe o ho ary o uty Proth. - 76 complete items 1, Item 4 if Restrict ed D- , and 3. Also com IN Print your name and eiivety is desired, a Si ' so that w address on the 9" Lure • Attach this can return the card reverse x t or on the f card space to the back Of t p permit's he mailpiecq, B. Revel Agent You. Article Addressed to: bx (Pin Name) `' Add^t Th C. Da of e D• Honorabl Is derive e ryadd 2 2 3i S t erS S an ?f Yes. ear dltfe,t C. ? Da er derive >rum item t . ? Yes g Mill-'al D l S t y ?Y address below: Mt. Fioll Street z1C?t Judg No y' PA 17065 °x 16 3, Type eqXess 2. Artie egisteredWl v R Mail 1e Number Insured Mail m Revel (7ranster 4 Rest C.O.D. Pt for Mhandise --I Se vere rab?j '?? Dellve,rA ? ?esJ PS Form 3811, 7??$ 05p Fe?ary 20p4 ? cOLiCI 9695 3326 lw? Domestic %tum Receipt ti112595-p2.1N-t54p UNITED STATES POSTAL SERVICE LISPS • Sender: Please print your name, address,..qrld ZIP+4 in this box • Charles E. Petrie Attorney at Law 3528 &lsbts Feet Harrisburg, PA 17111 First-Class Mail Postage & Fees Paid Permit No. G-10 }1111 ?ii}j;;}??}}}??}llr?lif7??li?tlliiii3??3fi?f111}1}?}}}?i BARBARA HOUGGATI : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. :NO av1o -OI 36q CIVIL KEN WILLIS d/b/a HANDYMAN USA Defendant 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 J +t}i 35 SOUTH BEDFORD STREET -'" CARLISLE, PA 17013 717-249-3166 "' BARBARA HOUGGATI : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. CIVIL KEN WILLIS d/b/a HANDYMAN USA Defendant COMPLAINT 1. BARBARA HOUGGATI is an individual residing at 1953 Holly Pike, Carlisle, Cumberland County, Pennsylvania 2. Defendant KEN WILLIS, is a sui juris individual doing business as Handyman USA with an address of 145 Salem Church Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Plaintiff and Defendant entered into a verbal agreement for a bathroom remodel to be performed by Defendant at the home of Barbara Houggati located at 1953 Holly Pike, Carlisle, Cumberland County, Pennsylvania in the amount of $3,200.00. 4. The scope of the remodel was the removal and replacement of tub, sink and window; tile the bathtub walls and floor, install a vanity, mirror, lighting fixtures and bathroom hardware; paint the entire room. The homeowner agreed to purchase all materials needed for the project. 5. The work on the project was commenced on or about July 20, 2009. 6. Plaintiff paid Defendant $1,200.00 on or about July 20, 2009. 7. Plaintiff paid Defendant an additional $452.77 to reimburse miscellaneous costs. 8. As the work progressed, Plaintiff became increasingly dissatisfied with the quality of Defendant's workmanship in that: a. dings and scratches on the tub; b. tile work uneven c. plumbing fixtures not lined up d. tile grout lines cracked e. caulking instead of grout f. sloppy painting g. Defendant discarded Plaintiff's old fixtures without her permission h. Defendant tracked construction dirt throughout the upstairs hallway and damaged the hallway walls and ceiling i. Defendant failed to replace certain items of hardware instead of replacing with new items 9. Plaintiff gave Defendant the opportunity to correct the problems. 10. The Defendant finished the job on or about July 29, 2009. It was at that time that he presented a contract for Plaintiff s signature. 11. Plaintiff refused to signed the contract, which was $500 more than the original quote and failed to include costs of replacement of the bathroom window. A copy of the unsigned contact is incorporated herein and attached hereto as Exhibit "A". 12. Defendant left the job without installing knobs on the medicine cabinet and doors, left the ceiling light incompletely installed, failed to stain the underside of the medicine cabinet where bare wood was visible, failed to remove excess grout from tiles, failed to paint bathroom ceiling. 13. On August 2, 2009, Plaintiff sent a letter to Defendant, a copy of which is incorporated herein and attached hereto as Exhibit "B". 14. Plaintiff hired F&L Construction to repair the damage to the floor. In order to keep the quality of the work consistent, Plaintiff also had F&L Construction remove the tiles from the tub. 15. During the course of F&L Construction's work it was revealed that: a. the tile was grouted before the adhesive was allowed to dry (It was still wet after 30 days) b. Defendant used an improper subfloor c. bullnose tile was caulked on the wall near the baseboard instead of grouted 16. F&L Construction also found that the main electric wire leading into the bathroom was cut and tiled over by Defendant. Defendant, in doing so, willfully disregarded the safety of Plaintiff's family and property. 17. Plaintiff hired All for Him Painting to re-do the walls and door which were improperly painted by Defendant and to paint the ceiling which had not been painted by Defendant. 18. Because of Defendant's failure to properly perform the remodel, Plaintiff paid an additional $3, 732.67 to repair/redo the work performed by Defendant. 19. Defendant is in violation of the Pennsylvania Home Improvement Consumer Protection Act, 73 P.S. sections 517.1-517.19, thereby making the oral contract invalid and unenforceable against the Plaintiff. Return of the $1,200.00 previously paid to Defendant is demanded. 20. The amount claimed in damages does not exceed $50,000.00. NOW THEREFORE, Plaintiff prays the Court award Plaintiff damages in excess of $4,900.00 plus interest, attorney's fees and costs in the above-mentioned matter. Respectfully submitted, Dated: 7Na,.-, 1, ( i , aog) Supreme Court ID 65184 1 Irvine Row, Carlisle, PA 17013 717-249-7780 717-249-7800 fax VERIFICATION The undersigned, having read the attached Complaint, hereby verifies that the facts set forth therein are true and correct to the best of her knowledge, information and belief. This verification is made subject to the penalties of 18 Pa. C.S. section 4904 pertaining to unsworn falsification to authorities. Z? BARBARA HOUGGATI Dated: // /')')Q,w. d-OJ-0 Handyman pp, USAk CUSTOMER INFORMATION NAME A lop HOME PHONE //G/!!? ?!/ 0 PHONE CELL PHONE ADDRES8 7,7 (//? f (/ CITY 7 E ESTIAATOR TRADEMAN APPT DATE AND TIME OW" M ACCEPTANCE OF CONTRACT/ PROPOSAL By signing name below, customer agrees that the terms specifications and conditions are satisfactory and the terms of the reverse are accepted. Customer further agrees that the proposal is limited to visual observa- tions made at time of proposal. Any latent or concealed problems or ,,damage may incur additional charges. ter agrees to pay for or furnish all materials separate from labor, HUSH states on contract that they will purchase material. LABOR AGREEMENT / CONTRACT - PROPOSAL 145 Salem Church Street Mechanicsburg, PA 17050 (717) 795-7100 VISA- MASTERCARD INFORMATION By acceptance of ContracVProposel. I auMafize Handyman USA to Charge My VISA ( ) MasterCard ( ) # ExpDate _1_/ into LAbUH l`HL)FUSAL LABOR PROPOSAL Due to the urgent nature of this work and or my desire to have 4 started (ROSS AMOUNT immediately. I hereby wave the 3 day recession period. *miure Date AUPON JOB TOT F,/ DATE NET PRICE LESS DEPOSIT f APPROX. COMPLETION r ,vr Payments are to be made to Handyman USA, only. Failure to do so will CUSTOMER HASINSPE void warranty. t ACCEPTED BY DATE DATE 1953 Holly Pike Carlisle, PA 17015 2 August 2009 Handyman USA 145 Salem Church Rd. Mechanicsburg,. PA 17050 Dear Ken, It's been four days since you completed the bathroom remodeling project on 29 July, and with each passing day, I am becoming more upset with the poor quality of my finished bathroom. I hired you in good faith to complete an entire remodeling project - to remove and replace the tub, sink and window, the the bathtub walls and floor, install a vanity, mirror, lighting fixtures and bathroom hardware, and paint the entire room. I distinctly recall on the night that you gave me the $3200 quote that I was asking for an estimate for a complete remodeling of my bathroom; I was not having it done piecemeal. Your initial quote of $3200 for labor was the basis for your being selected in the first place over other contractors. I agreed to purchase all the items needed, and to reimburse you for any of your expenses. Imagine my surprise to hear you say on the last day that I would have to pay you $500 more in order to have a window installed (cost + labor). This was supposed to be part of the original quote. I do not know why you would think that the project wouldn't include the window - it was the first thing that I showed you that night. On day one you told me that you hadn't anticipated that the file work would be as difficult or time consuming and that you would need $500 more for labor. As unusual as this was, I reluctantly agreed to this. During the project you noticed that the floor tile was lifting in places causing the grout to crack. You had to do rework, removing and reinstalling several tiles. You finished the project on 29 July knowing that there was already one tile whose seam was cracking and you stated that you'd be back in about a week to inspect and do any further repair work. As of today (2 August) nearly every seam has cracked. This is totally unsatisfactory. The floor problems coupled with the unsatisfactory paint job (there are numerous spots on walls where primer can still be seen, dirt/grass/hair was painted over on the door, trim is not neat, there are numerous drips throughout, the wall seams/nail holes were not sanded down properly prior to painting, there are spots on the ceiling, painting is thin/uneven in some areas) had led me to decide that I will have a professional painter and floor installer to come in to rectify the problems. I no longer want you to come in to do any "rework." I'm holding back the remaining balance to pay to fix the floor and paint problems and any additional costs to me for materials. Labor Additional Labor for tile Misc costs TOTAL DUE Labor paid in cash Misc costs check # 6173 Remaining Balance $ 3,200.00 $ 500.00 $ 452.77 $ 4,152.77 1,200.00 20/21 Jul 2009 452.77 8/ i /2009 2,500.00 Additionally, you've marked my hallway walls and tracked something on my hallway carpet. I've spent the last four days scraping up spilled grout and paint off the tiles and cleaning up behind you. This is not my idea of quality workmanship. I invite you to come back so you can inspect and document for yourself the condition of the floor and walls. Please call for an appointment if you want to discuss the matter further. Please note that I will be calling the Attorney General's Office and the Better Business Bureau on Monday to inquire about my rights in this matter. Sincerely, x 7 Barbara Houggati z; BARBARA HOUGGATI : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA ' rte.. rv vs. :NO. 2010-01364 CIVIL a r. KEN WILLIS d/b/a r7.:r7 HANDYMAN USA Defendant f J g.: 1 CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the COMPLAINT by depositing same in the United States Mail, first class, postage pre-paid, certified, return receipt requested on the 12th day of March, 2010 addressed as follows: Charles E. Petrie, Esquire 3528 Brisban Street Harrisburg, PA 17111 DUNCAN & HARTMAN, P.C. usan J. Hart squire Attorney for Plaintiff I Irvine Row, Carlisle, Pennsylvania 17013 717.249-7780 BARBARA HOUGGATI IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANL4 vs. NO 2010 -01364 20 KEN WILLIS d/b/a HANDYMAN USA ~ n o Defendant ~ ,~ =ri GA `, + ~~r RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially'~'~fie ~ ' "~ ~A~-. Following form: ~` °~ ~' c~ ~: ~, = a PETITION FOR APPOINTMENT OF ARBITRATORS ~' ^'` TO THE HONORABLE, THE JUDGES OF SAID COURT: ~~n Susan J. Hartman counsel for the plaintiff/1,1i~5~li~Ft in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ 4, 932.67 The counterclaim of the defendant in the action is $2, 500.00 The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Charles E, Petrie WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to say,©~ whom the case shall be submitted. t°~~r ~ ~aa.~3 S Respectfully submitted, ~a2.y33// ~,~°~ ~ Susan J. Hart Esquire ORDER OF COURT w AND NOW, petition, ~ v ~~ Esq., and ~.1~ captioned action (vr actions) as praye, d f~+ar. XI'r~V~J~~ I~~ ~~',' \'~C IFFY ~. "~". 1 ~ 1~u77~i •111 ~y.f ~, 20/ U , in consideration of the foregoing L,~ ~1•, and ~ -vrt~~ Esq., are appointed arbitrators in the above By the Court, `, ~~ ~~-''' 1 /~u.rtea n ~ ~aRTma n OM ~ ~,u~TU~Is Jason P. Kutulal:is, Esquire Attomey LD. #80411 Melissa P. Tanguay, Esquire Attomey I.D. #: 307155 2 West High Street Cazlisle, PA 17013 (717) 249-0900 BARBARA HOUGGATI Plaina"ff v. KEN WILLIS d/b/a HANDYMAN, USA, Defendant FIt~EO-OFFICE ~c T>"4F PFtO1~~i0t~OTARY 2GE~ CEP 22 P!~ ~+~ 19 ClJMBERI_fi~~dD COUNT`S ~~~~~C~~~V~~~{{~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2010-01364 CNIL ACTION -LAW Please enter the appearance of the undersigned as counsel -for Plaintiff, Barbara Houggati, in the above-captioned matter. Respectfully submitted, ABOM SUTULAKIS, LLP ,~-~L~ DA'1~ Jaso P. us, squire 2 W t High Street Carlisle, PA 17013 (717) 249-0900 ID No. 80411 Respectfully submitted, ABOM ~ KU7"ULAKIS, T I P DATE ~` ~ ' ~ ~1.~ Melissa P. Tanguay, Esquire 2 West High Street Carlisle, PA 17013 (717) 249-0900 ID No. 307155 AND NOW, this 22°d day of September, 2010, I, Shannon Freeman, of ABOM & KUTULAKIS, LLP, hereby certify that I did serve a true and correct copy of the foregoing Pxaecipe to Enter Appearance via by depositing, or causing to be deposited, same in the United States Mail, postage prepaid addressed to the following: Charles E. Petrie, Esquire 3528 Brisban Street Harrisburg, PA 17111 Attorney for Plaintiff D~T'E ~ -oZo1 ' 1 ~ 1 ~- ahnon Freeman BARBARA HOUGGATI Plaintiff V. KEN WILLIS, d/b/a HANDYMAN USA Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO.: 2010-01364 CIVIL TO THE HONORABLE MEMBERS OF THE ARBITRATION PANEL: Submitted by: Jason P. Kutulakis, Esquire Counsel for: Barbara Houggati, Plaintiff 1. BRIEF SUMMARY OF CASE: C-) c rv o _? =m c-) rnF= -<> N <? -i 0 s-n - -- 4.J C :)C ) rn On May 26, 2009, Handyman USA registered its business with the Pennsylvania Attorney General's Office pursuant to a new law called the Home Improvement Consumer Protection Act (HICPA), 73 P.S. §§ 517.1 - 517.19. Its HICPA number is PA011339. On July 1, 2009, HICPA became effective law. HICPA provides that, "No home improvement contract shall be valid or enforceable against an owner unless [the written contract complies with 73 P.S. §517.7]." In July 2009, plaintiff entered into an oral contract for defendant to remodel plaintiff's bathroom. Defendant generally violated 73 P.S. §517.7 as he failed to provide a written contract prior to the commencement of work. The scope of the remodel was the removal and replacement of the bathtub, sink and window; tiling of the bathtub walls and bathroom floor; installation of a vanity, mirror, lighting fixtures and bathroom hardware; painting of entire bathroom. Plaintiff agreed to purchase all the materials required for the remodeling project herself. On July 20, 2009, Defendant commenced work on plaintiff's remodeling project and on that same date plaintiff paid defendant $1,200. Plaintiff also paid defendant $452.77 for miscellaneous costs which arose during the project. During the progression of the remodeling project, plaintiff expressed concerns she had to defendant regarding the poor workmanship of the project. On July 29, 2009, defendant completed the remodeling of plaintiff's bathroom. At that time, defendant presented plaintiff a one page document which required her signature to it. This is attached to the Complaint as Exhibit A. This document was presented by defendant as the "contract." Defendant violated 73 P.S. §517.7(a)(4) which mandates that the contract contain a date of the transaction, as he failed to date what he purported to be a "contract." Defendant violated 73 P.S. §517.7(a)(6) which mandates that the written contract contain the approximate starting date and completion date, as he failed to provide either to plaintiff. To the contrary, defendant's document which he purports to be a "contract" does provide designated locations for a start date and "approx. completion" date, but they were left completely blank. Defendant violated 73 P.S. §517.7(a)(9) which mandates defendant to set forth with specificity down payments made and advances for special order materials. Defendant failed to comply as he did not provide any writing in advance of the commencement of the work. He also violated this section as he noted a materials expense of $478.22 without any more details. During the pendency of the remodeling project plaintiff informed defendant about specific concerns about the work being done. On August 2, 2009, plaintiff wrote to defendant demanding that defendant contact plaintiff to repair the poor work done by defendant. Plaintiff specifically invited defendant to inspect the cracked grout joints and other issues, but defendant failed to promptly do so. In early August 2009, plaintiff sought estimates from contractors to correct defendant's poor workmanship. Plaintiff hired F&L Construction, specifically Frank Leaper. On August 14, 2009, Frank Leaper provided plaintiff a written contract to remove and replace the defective floor-which was installed by defendant. Plaintiff paid F&L Construction $1,050 for the tile floor replacement. Plaintiff purchased the replacement tile and other materials herself at a cost of $627.54. On August 22, 2009, plaintiff hired F&L Construction to reinstall her bathtub and surrounding wall tile. Again, Frank Leaper placed their contract in writing. Plaintiff paid F&L Construction $1,250 for the removal and reinstallation of the bathtub and tile. Plaintiff purchased the replacement materials herself. On August 30, 2009, plaintiff executed a Change Order with F&L Construction due to the discovery of a wiring contained in the wall cavity which had been damaged by defendant. Plaintiff paid F&L Construction $120.76 for this additional work which was necessary to correct a dangerous condition. Frank Leaper discovered that the floor file was installed with different adhesives: 1.) thin set mortar; and 2.) wall mastic adhesive. Upon removal of the tile, Mr. Leaper discovered that the wall mastic adhesive was still wet, even 3-4 weeks after defendant installed the tile. Mr. Leaper opines that the installation of the tile was not in a workmanlike manner. On September 2, 2009, F&L Construction provided miscellaneous items to complete his repairs and plaintiff paid him $220.00 for those items. Plaintiff also hired Jason R. Sparrow, All for Him Painting, to repair, patch and repaint her bathroom walls and ceiling due to the poor workmanship done by defendant. Plaintiff paid Mr. Sparrow $300. II. STATEMENT OF ISSUES EXPECTED TO ARISE DURING ARBITRATION: a. Is plaintiff entitled to damages for poor remodeling done by defendant? Suggested answer: In the affirmative b. Does the Home Improvement Consumer Protection Act (HIPCA) apply to the case sub judice? Suggested answer: In the affirmative c. Does the HICPA require a written contract with specific language to be included? Suggested answer: In the affirmative d. Does the HICPA provide for recovery of attorney's fees and treble damages to plaintiff if successful in proving a violation of HICPA? Suggested answer: In the affirmative e. Is defendant's counter-claim for breach of contract barred by HICPA as defendant's failure to comply with the Act renders the contract void? Suggested answer: In the affirmative III. ADMISSIONS FROM PLEADINGS TO BE MADE PART OF TIIE RECORD: a. Plaintiff and defendant entered into a "verbal agreement" for defendant to remodel plaintiff's bathroom for payment of $3,200. b. work on the project commenced on or about July 20, 2009 c. plaintiff paid defendant $1,200 on July 20, 2009 d. plaintiff paid defendant $452.77 e. tile work in plaintiffs bathroom was "uneven". It is noteworthy that defendant's grandson laid the tile in the tub. f. defendant caused a small cut in an electrical wire. This wire was not repaired but rather was later contained in the wall cavity covered by wall tile by defendant g. plaintiff hired All for Him Painting, a contractor who repaired and painted plaintiff's walls and ceiling h. defendant informed plaintiff not to walk on the floor tile while it was drying i. damages are within compulsory arbitration limits IV. STIPULATIONS OF THE PARTIES: To be provided at trial. V. WITNESSES TO BE CALLED: NAME ADDRESS 1. Barbara Houggati, 1953 Holly Pike, Carlisle Plaintiff 2. Ken Willis, Defendant 145 Salem Church Road, Mechanicsburg 3. Frank Leaper, P.O. Box 164, Mt. Holly F&L Construction springs (by report) 4. VI. Ken Willis, Defendant 145 Salem Church Road, Mechanicsburg Plaintiff reserves the right to call rebuttal witnesses, if necessary. Plaintiff reserves the right to supplement this memorandum. SUBJECT OF TESTIMONY Owner. As on cross-examination. Plaintiff hired F&L Construction to inspect and repair the defective work done by Defendant. Plaintiff intends to enter the reports and invoices of Mr. Leaper pursuant to 42 Pa.R.C.P. 1305. As on cross examination. STATUS OF EXPERT WITNESSES, REPORTS, EVALUATIONS AND STUDIES: F&L Construction and All for Him Painting inspected and repaired the defective work of defendant. Plaintiff intends to admit these documents pursuant to Rule 1305. Plaintiff reserves the right to supplement this request prior to arbitration. VII. STATEMENT OF OBJECTIONS OR UNUSUAL EVIDENTIARY PROBLEMS EXPECTED TO ARISE AT ARBITRATION: Plaintiff does not anticipate any unusual evidentiary issues. Plaintiff's counsel provided copies of proposed exhibits more than 20 days prior to the arbitration pursuant to Rule 1305 and therefore the admissibility of those records should not be at issue. VIII. SPECIAL REQUESTS, UNCOMPLETED MATTERS: Plaintiff prays that this Board of Arbitrators will find for her and award actual, special and treble damages. IX. STATEMENT OF SETTLEMENT PROSPECTS: Not likely at the present time. X. ESTIMATED TIME NEEDED FOR ARBITRATION: 1 hour. Date: I,o-11 - 'Doyo Respectfully submitted, ABOM & NUTUILASIS, L.L.P. Ja on P. KuiuLkis, Es A orney ID #80411 2 est High Street Carlisle, PA 17013 (717) 249-0900 Attorney for the Plaintiff AND NOW, this 12`h day of October, 2010 I, Shannon Freeman, of ABOM& KUTULA"S, LLP, hereby certify that I did serve a true and correct copy of the foregoing ARBITRATION MEMORANDUM by depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the following: Thomas J. Williams, III, Esquire MARTSONLAW OFFICE 10 E. High Street Carlisle, PA 17013 Arbitration Chairman Linda A. Clotfelter, Esquire 5021 E. Trindle Road Suite 100 Mechanicsburg, PA 17050 Arbitrator Vincent Monfredo, Esquire ROMINGER & ASSOCIATES 155 S. Hanover Street Carlisle, PA 17013 Arbitrator Date j0?1?-1U Charles Petrie, Esquire 3528 Brisban Street Harrisburg, PA 17111 Counsel far Defendant annon ZFreeman BARBARA HOUGGATI Plaintiff KEN WILLIS d/b/a HANDYMAN USA Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No. 2010 - 01364 Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend t e Constitution of the United States and the Constitution of this Commonwealth and that we will discha ge the duties of our office with fidelity. ? ? +??,. ? ??-,moo Signature ?i S Thomas J. Williams Linda Clotfelter Name (Chairman) 'Name Martson Law Offices _ Law Firm Law Firm 10 East High Street Address 5021-East Trindle Rd Address _Carlisle, PA 17013 city, zip Mechanicsburg, PA 17055 City, Zip ? Signature Vincent Monfredo Name Rominge± & Ass6diatet Law Firm 155 South Hanover Street Address Carlisle, PA 17013 City, Zip Award We, the undersigned arbitrators, having been duly appointed and sworn ( r affirmed), make the following award: (Note: If damages for delay are awarded, they s all be separately stated.) ? ? '? i 1?3 ? 1 ? ?11t0 ? T 1. ? il?? ? ? ? a? '? ae L ?. 2- , Ca d Jd i w ® ?l'1 aV TIr : 1/ E . Arbitrator, di (Insert name if applicable. Date of Hearing: o ° s- io ? w er- T mas J. Wi iam (Chairman) -Date of Award:_ ?qftdd lotfel er 41nc'ent Monf redo N otice. of Entry (if A-ward at 1 Now, the day al`\ )66 - entered upon the docket and notes e trercol ??i vun by in?'il to the pa: Arbitrators' compe tion to be pal upon :appeal: S ., a. Gov By: a. M.' the above award was ies or heir attorneys. Deputy ? ? w ? , C 'ter _ t ? '' !^R L ? ? Sef /t ? \- 9 t ? ?^ ? > {" ? r (n° y Io N` -y' l fy?f'y ?_ L N I' BARBARA HOUGGATI IN THE COURT OF COMMON PLEASE Plaintiff _ CUMBERLAND COUNTY, PENNS Ngg Z . V. DOCKET NO.: 2010-01364 CIVIL (nr- oQ r-:e - !d KEN WILLIS, d/b/a 3 HANDYMAN USA y; p o Defendant TO THE PROTHONOTARY OF SAID COURT: Please mark this case settled, discontinued, and satisfied. Respectfully submitted, ABOM & KUTULARYS, L.L.P. Date: I , x, ) C) ason P. Kutulakis, Esquire Attorney ID #80411 2 West High Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff Date: 111d III // d Charles Petrie, Esquire 3528 Brisban Street Harrisburg, PA 17111 Attorney for Defendant AND NOW, this 29"' day of November, 2010 I, Sally Evans, of ABOM &. KUTULA)US, LLF, hereby certify that I did serve a trite d correct copy of the foregoing PRAECIPE TO DISCONTINUE AND MARK CASE SATISFIED by depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the following: Charles Petrie, Esquire 3528 Brisban Street Harrisburg, PA 17111 Cawn rel for Defendant Sally Evans