HomeMy WebLinkAbout11-1900REAGER & ADLER, P.C.
By: Wayne S. Martin, Esquire
Attorney I.D. No. 208078
Email: WMartinkReagerAdlerPC.com
By: Thomas O. Williams, Esquire
Attorney I.D. No. 67987
Email: TWilliamskRea erAdlerPC.com
2331 Market Street
Camp Hill, PA 17011
Telephone: (717) 763-1383
Facsimile: (717) 730-7366
Attorneys for Plaintiff
ALI FARAHANI,
Plaintiff
vs.
ILKEM MARBLE & GRANITE, INC.,
Defendant
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Docket No. M Y1JO 1 `l v
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
(717-249-3166)
??e# 55 36
AVISO
USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas
que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los
proximos veinte (20) dias despues de a notificacion de esta Demanda y Aviso radicando
personalmente o por medio de un abogado una comparecencia escrita y radicando en la Code por
escrito sus defensas de, y objecciones a, las demandas presentadas aqua en contra suya. Se le
advierte de que si usted falla de tomar accion como se describe antenormente, el caso puede
proceder sin usted y un fallo por cualquier suma de dinero reciamada en la demanda o cualquier
otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la
Code sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos
importantes para usted.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI
USTED NO TIENE UN ABOGADO, LLAME 0 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
DUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS CUE
OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS DUE
CUALIFICAN.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717-249-3166)
REAGER & ADLER, P.C.
By: Wayne S. Martin, Esquire
Attorney I.D. No. 208078
Email: WMartijigReagerAdlerPC.com
By: Thomas O. Williams, Esquire
Attorney I.D. No. 67987
Email: TWilliams(2ReagerAdlerPC.com
2331 Market Street
Camp Hill, PA 17011
Telephone: (717) 763-1383
Facsimile: (717) 730-7366
Attorneys for Plaintiff
ALI FARAHANI, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS.
Docket No.
ILKEM MARBLE & GRANITE, INC.,
Defendant
COMPLAINT
Plaintiff, Ali Farahani, by his undersigned attorneys brings this Complaint against
Defendant, Ilkem Marble & Granite, Inc. and in support thereof avers as follows:
PARTIES
1. Plaintiff, Ali Farahani ("Farahani") is an adult individual whose current address is
5039 Pelligham Circle, Enola, Pennsylvania.
2. Defendant, Ilkem Marble & Granite, Inc. ("Ilkem") is a Pennsylvania corporation
with a business address of 1905 Olde Homestead Lane #102, Lancaster, Pennsylvania.
FACTUAL BACKGROUND
3. In August 2010, Ilkem entered into a contract with Farahani, whereby Ilkem
agreed to furnish and install granite countertops in Farahani's house for a total price of Three
Thousand Five Hundred and 00/100 Dollars ($3,500.00).
4. At the time of the contract, Farahani gave Ilkem the sum of One Thousand Seven
Hundred Fifty and 00/100 Dollars ($1,750.00) as a deposit on the purchase price.
5. Ilkem installed granite countertops at Farahani's house on or about August 19,
2010.
6. At the time of the installation Ilkem invoiced Farahani One Thousand Seven
Hundred Fifty and 00/100 Dollars ($1,750.00) and Farahani paid Ilkem the sum of One
Thousand Seven Hundred Fifty and 00/100 Dollars ($1,750.00) in Cash. A true and correct copy
of the August 19, 2010 invoice is attached hereto and incorporated herein as Exhibit A.
7. Thereafter, Farahani noticed several cracks in the granite countertops and damage
on a corner of the countertop caused by improper installation.
8. Farahani contacted Ilkem regarding the cracks and Ilkem took the position that the
cracks are a natural characteristic: of granite.
9. By letter dated September 29, 2010, Farahani through its undersigned attorneys
demanded that Ilkem either remove the defective product and refund the amount paid or replace
the defective countertop with a countertop of equal quality approved by Farahani. A true and
correct copy of the September 29, 2010 letter is attached hereto and incorporated herein as
Exhibit B.
10. Ilkem has never responded to the September 29, 2010 letter.
11. By letter dated December 8, 2010, Farahani through its undersigned attorneys sent
another notice to Farahani that he; would commence legal action to recover the expense of
replacing the defective granite countertop. A true and correct copy of the December 8, 2010
letter is attached hereto and incorporated herein as Exhibit C.
12. Ilkem has never responded to the December 8, 2010 letter,
2
JURISDICTION / VENUE
13. This Court has jurisdiction and venue over this matter because:
(a) Defendant, Ilkem directed its offer at Plaintiff, Farahani, a resident of
Cumberland County, Pennsylvania;
(b) Farahani accepted Ilkem's offer and the contract was formed in Cumberland
County, Pennsylvania;
(c) Performance of the contract occurred in Cumberland County, Pennsylvania; and
(d) The injury arising; out of Ilkem's failure to perform occurred in Cumberland
County, Pennsylvania.
COUNTI
Breach of Contract
14. Farahani incorporates herein by reference the averments of paragraphs 1 through
13 as if set forth fully herein.
15. Ilkem offered to furnish and install granite countertops in Faraham's house for a
total price of Three Thousand Five Hundred and 00/100 Dollars ($3,500.00).
16. Farahani accepted Ilkem's offer and paid Ilkem a total price of Three Thousand
Five Hundred and 00/100 Dollars ($3,500.00).
17. The countertop installed by Ilkem was cracked and installed improperly.
18. Ilkem breached its duty under the contract by installing a defective countertop and
by failing to properly install the granite countertop.
19. Ilkem failed to furnish an acceptable granite countertop.
20. Ilkem failed to perform the installation in accordance with acceptable
workmanship standards.
3
21. As a result of Ilkem's breach of contract, Farahani has suffered damages in the
principal amount of Three Thousand Five Hundred and 00/100 Dollars ($3,500.00).
22. All conditions precedent for the bringing of this action have occurred and/or have
been performed.
WHEREFORE, Plaintiff, Ali Farahani demands judgment in his favor and against
Defendant, Ilkem Marble & Granite, Inc. under Count I in the amount of $3,500.00 plus interest,
costs, and such other relief as the: Court deems appropriate.
COUNT II
Violation of the Home Improvement Consumer
Protection Act, 73 P.S. & 517.1, et seq.
23. Farahani incorporates herein by reference the averments of paragraphs 1 through
22 as if set forth fully herein.
24. The Home Improvement Consumer Protection Act, 73 P.S. § 517.1, et seq.
(hereafter the "Act") applies to the contract between Farahani and Ilkem because it was a
contract for a home improvement having a total cash price of more than five hundred dollars
($500.00).
25. Ilkem is a "contractor" as that term is defined in the Act.
26. Farahani is an "owner" as that term is defined in the Act.
27. Section 517.7 of the Act provides that no home improvement contract shall be
valid or enforceable against an owner unless it is in writing and signed by the owner or his agent
and by the contractor.
28. Section 517.7 of the Act sets forth specific clauses and requirements of the written
home improvement contract between the contractor and the owner.
4
29. In this case, there was no written contract for the countertop work and none of the
requirements of Section 517.7 of the Act have been met.
30. Ilkem's failure to prepare a written contract for the countertop work and include
the language required by the Act constitutes violations of the Act.
31. Section 517.9(10) of the Act prohibits a contractor from receiving a deposit in
excess of one-third of the home improvement contract price.
32. In this case, Ilkern demanded and received a deposit of $1,750.00, which exceeds
one-third of the value of the home improvement contract which had a total price of Three
Thousand Five Hundred and 00/100 Dollars ($3,500.00).
33. Ilkem's demand and acceptance of a deposit exceeding one-third of the value of
the home improvement contract constitutes a violation of the Act.
34. As a result of Ilkem's violation of the Act, Farahani has suffered damages in the
amount of Three Thousand Five Hundred and 00/100 Dollars ($3,500.00).
WHEREFORE, Plaintiff, Ali Farahani, respectfully requests this Honorable Court to
enter judgment in its favor and against Defendant Ilkem Marble & Granite, Inc., for damages and
enter an order declaring Defendant, Ilkem Marble & Granite, Inc. in violation of the Home
Improvement Consumer Protection Act, 73 P. S. § 517. 1, et seq.
COUNT III
Violation of the Unfair Trade Practices and Consumer
Protection Act, 73 Pa.C.S.A. & 201-1, et seq.
35. Farahani incorporates herein by reference the averments of paragraphs 1 through
34 as if set forth fully herein.
36. Section 517.910 of the Home Improvement Consumer Protection Act states that a
"violation of any of the provisions of this act shall be deemed a violation of the act of December
17, 1968 (P.L. 1224, No. 387), known as the Unfair Trade Practices and Consumer Protection
Law.
37. Ilkem's violation of the Home Improvement Consumer Protection Act is deemed
a violation of the Unfair Trade Practices and Consumer Protection Law.
38. As a result of Ilkem's violation of the Home Improvement Consumer Protection
Law, Farahani has suffered damages in the amount of Three Thousand Five Hundred and 00/100
Dollars ($3,500.00).
39. Farahani is entitled to treble damages, costs and attorney's fees as provided for in
§ 201-9.2 of the Unfair Trade Practices and Consumer Protection Law.
WHEREFORE, Plaintiff, Ali Farahani, respectfully requests this Honorable Court to
enter judgment in its favor and against Defendant Ilkem Marble & Granite, Inc., for treble
damages in an amount of Ten Thousand Five Hundred and 00/100 Dollars ($10,500.00), plus
costs, interest and attorneys' fees.
REAGER & ADLER, P.C.
Dated: February 15, 2011 By:
Wayne S. Martin, Esquire
Attorney I.D. No. 208078
Thomas O. Williams, Esquire
Attorney I.D. No. 67987
2331 Market Street
Camp Hill, PA 17011-4642
(717) 763-1383
Attorneys for Plaintiff
6
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--Ikem Marble & Granite, Inc.
1905 Olde Homestead Ln # 102
Lancaster, PA 17601
HIC #PA031742
Bill To
Ali Farahani
5039 Pellingham Circle
Enola, PA 17025
Invoice
Date Invoice #
8/19/2010 2074
•
Terms
Qty Description Rate Amount
Spectra Brown Countertops 3,500.00 3,500.00
Half Bullnose Edge
Less Deposit $-1,750.00
Balance Due I / ' $1,750.00
j 117Z
D I
Theodore A. Adler* Susan H. Confair
David W. Reager Wayne S. Martin, P.E.**
Linus E. Fenicle Neely E. Meals
ATTORNEYS AND COUNSELORS AT LAW Thomas 0. Williams •Certitied Civil Trial speciaiist
Peter R. Wilson -• Licensed to Practice in N.J.
September 29, 2010
Ersan Dundar
Ilkem Marble & Granite
1905 Olde Homestead Lane, Suite 102
Lancaster, PA 17601
RE: 5039 PELLINGHAM CIRCLE, ENOLA, PA
Ladies and Gentlemen:
Writer's Email Address:
DWReager@ReagerAdlerPC.com
This letter is written on behalf of our clients, Ali and Shahin Farahani, who own the referenced
property, and purchased from your :firm a granite application which you furnished and installed and for
which they paid a total contract price of $3,500. Our client has provided us with photographs of the granite
which show several cracks and also damage on a corner which is the result of an improper installation. As I
believe you are aware through various discussions with our clients, they have had three people who are
knowledgeable in the construction industry and familiar with granite applications examine the installation.
It is their opinion that this is an unacceptable installation.
It is also my understanding that your firm has indicated that you are of the opinion that these cracks
are to be expected as they are a natural characteristic of granite. We take issue with that position and,
therefore, hereby make demand that your firm either remove the product and refund our clients the amount
paid or replace it with another installation of equal quality with an approved selection by our clients.
In the event I do not hear from you prior to October 11, 2010, we will proceed with appropriate
action to recover our clients' damages without further notice. I trust this will be unnecessary given what I
understand to be the reputation of your firm for maintaining customer satisfaction and remedying any
problems in your product.
Very truly yours,
David . Reager
DWR/dlb
c: Mr. & Mrs. Ali Farahani
R O V
O U R C
2331 Market Street, Camp Hill, Pennsylvania 17011-4642 T: 717 763-1383 F: 717 730-7366 www.reageradlerpc.com
G/
ATTORNEYS AND COUNSELORS AT LAW
December 8, 2010
Ersan Dundar
Ilkem Marble & Granite
1905 Olde Homestead Lane, Suite 102
Lancaster, PA 17601
RE: 5039 PELLINGHAM CIRCLE, ENOLA, PA
Dear Mr. Dundar:
Theodore A. Adler* Susan H. Confair
David W. Reager Wayne S. Martin, RE.**
Linus E. Fenicle Neely E. Meals
Thomas O. Williams *Catified Civil Trial Specialist
Peter R. Wilson **Licensed to Practice in N.J.
Writer's Email Address:
DWReager@ReagerAdlerPC.com
. This letter is a follow-up to my previous correspondence to you dated September 29, 2010 (copy
attached), regarding the defective granite installation provided to our clients, Ali and Shahin Farahani, at the
referenced property. In speaking with our clients, I have confirmed that neither they nor this office have
received any response, so this letter is written for the purpose of advising you that unless we hear from you
with your stated position on or before December 17, 2010, without further notice, we shall file a claim to
recover the expense of replacing the defective granite and installation.
Very truly urs,
David W. Reager
DWR/dlb
Attachment
U.S. POSTAL SERVICE CERTIFICATE OF MAILING
MAY 8E USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT
PROVIDE FOR INSURANCE-POSTMASTER
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SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
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Chief Deputy - f .
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Richard W Stewart
IDN 2:I
SolicitorF 4 $$ 8 p g
Ali Farahani
vs. Case Number
.
Ilkem Marble & Granite, Inc. 1 2011-1900
SHER FF'S RETURN OF SERVICE
02/22/2011 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search
and inquiry for the within named defendant, to wit: Ilkem Marble & Granite, Inc., but was unable to locate
them in his bailiwick. He therefo a deputized the Sheriff of Lancaster County, Pennsylvania to serve the
within Complaint and Notice according to law.
03/01/2011 09:08 AM - Lancaster County Return: And now March 1, 2011 at 0908 hours I, Terry A. Bergman, Sheriff
of Lancaster County, Pennsylvania, do herby certify and return that I served a true copy of the within
Complaint and Notice, upon the within named defendant, to wit: Ilkem Marble & Granite, Inc. by making
known unto Amanda Burton, General Manager at Ilkem Marble & Granite, Inc. at 1905 Olde Homestead
Lane, #102, Lancaster, Pennsylvania 17601 its contents and at the same time handing to her personally
the said true and correct copy of the same.
SHERIFF COST: $37.00
March 09, 2011
SO ANSWERS,]j
RON R ANDERSON, SHERIFF
c ceuntySulte vne!;+f. f e asacft. Inc.
SHERIFF'S OFFICE I?
50 NORTH DUKE STREET, P.O. BO X 83480, LANCASTER, PENNSYLVANIA, 17608-3480 - ( 17) 299-8200 0
SHERIFF SE
PROCESS RECEIPT, and AF VICE
(DAVIT of RETURN za
1. PLAINTIFF/S/ 2. COURT DOCKET NUMBER
ALI FARAHANI 2011-1900
3. DEFENDANT/S/ 4. TYPE OF DOCUMENT TO BE SERVED Ip
ILKEM MARBLE &GRANITE, INC.
.......... CIVIL COMPLAINT
SERVE 5. NAME OF INDIVIDUAL, CO PANY, CORPORATION, ETC., TO BE SERVED
ILKEM MARBLE & GRANITE, INC.
it
6. ADDRESS (Street or RFD, Apart ent No., City, Boro, Tw ., State and ZIP Code)
AT 1OLDE HOMESTEAD LANE, #102, LAN ASTER, PA 17601
Now, 20 .1 SHERIFF
County to execute the F LANCASTER COUNTY, PA., do hereby deputize the Sheriff of
Writ and make return thereof accurding to law. This deputation being made at the
request ana nsK of the plaintiff
eriff of LanractPr C'nii
8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE:
From Cumberland County
NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER O 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, wit
sale thereof. out liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before sheriffs
9. SIGNATU E OF TTORNEY OR OTHER ORIGINAT OR print Name 10. TELEPHONE NUMBER 11. DATE
WAYNE S. MARTIN 717-763-1383 Feb 15, 2011
F
12. SEND NOTICE OF SERVICE COPY TO NAME A D ADDRESS BELOW:(This area must be completed if notice is to be mailed)
IWAYNE S. MARTIN, REAGER & ADLER, PC, 2331 M ARKET STREET, CAMP HILL, PA 17011
13.1 acknowledge receipt of the writ NAME f authorized LCSO Deputy or Clerk 14. Date Received 15. Expiration/Hearing Date
or complaint as indicated above Yvette
- co 717 7234519 02/23/2011 03/21/2011
16.1 Hereby CERTIFY
and RETURN that I have person Ily served, ave legal evidence o service ass own in "Remar s", . ave execute as
shown in "Remarks", the writ or complaint described on the in ividual, company, orporation, etc., at the address shown above or on the individual,
com n cor
ration tc. at h address inserted below b
9-
ndin a TR and ATTESTED COPY hereof.
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17, ere certl an return a NOT eC use a nu na e to OCate t e individual, Om an , cor oration, etc., name above.
18. Name and title of individual Served(if not shown ab ve) (Relationship to Defe dant)
r'
19. r: No Service See Remarks Below
20. Address of where served (Complete on I I eren than show above)(S • t of r D, Apartment No., City, 21. Date of Service 22. Tim A` At PM
Boro, TWP, State and ZIP Code)
3 1 .T/ .D.s.7
23. Attempts
ate
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134 1
Miles
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Dep. Int
NVIL-7,711
Date
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Date
Miles
Dep. Int
Date
Miles
Dep. Int
Date
Miles
Dep. Int
24. Advance Costs 25. Service Costs 26. Notary C osts 27. Mileage/Postage/N.F 28. Total Costs 29. COST DUE OR REFUND
R#184810 $150.00 $36.50
30. Remarks:
S.T.A..
31. AFFIRM and subscribed to before me this SO ANSWER
.
34. day of ' 20
37 31n re of D n
"0 C 3 t
rothonotary/Deputy/Norary Public 35. Signa ure of S r
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MY COMMISSION EXPIRES MAR . EESE, ACTING SHERIFF OF LANCASTER COUNTY PA