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HomeMy WebLinkAbout11-2516Joseph K. Goldberg, Esquire 2080 Linglestown Road, Suite 106 Harrisburg, PA 17110 (717) 703-3600 jgoldberg@ssbc-law.com PA ID #46782 PIPPA CALLAND, Plaintiff V. LESLIE D. PETRIE, CAROL PETRIE, and JOHN A. PETRIE, d/b/a Mother Hubbard's Custom Cabinetry Defendants FILED-OFFICE Cr- THE PROTHONOTARY 2311 FEB 2 9 PM 2= 2 4 CUMBIE-.RIAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL TERM (LAW) NO. 11- 051 (P 6V*(1 '10, r1NM JURY TRIAL DEMANDED 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 of 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 WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 1-800-990-9108 717-249-3166 (.> -- Ctrxk %c(r,?.CD Ok* 155(c VW P-5sSlIp Joseph K. Goldberg, Esquire 2080 Linglestown Road, Suite 106 Harrisburg, PA 17110 (717) 703-3600 j goldberg@ssbc-law.com PA ID #46782 PIPPA CALLAND, Plaintiff V. LESLIE D. PETRIE, CAROL PETRIE, and JOHN A. PETRIE, d/b/a Mother Hubbard's Custom Cabinetry Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL TERM (LAW) NO. 11- JURY TRIAL DEMANDED COMPLAINT NOW COMES Plaintiff, Pippa Calland, by and through her attorney, Joseph K. Goldberg, who sues Defendants Leslie D. Petrie, Carol Petrie and John A. Petrie, and in support thereof avers as follows: PARTIES AND VENUE 1. Plaintiff is Pippa Calland, an adult individual formerly of Cumberland County, Pennsylvania, who resides at 11339 Burnham Street, Los Angeles, CA 90049. 2. Defendant Leslie D. Petrie, is an adult individual who, upon information and belief, resides in either Camp Hill or Mechanicsburg, Cumberland County, PA. 3. Defendant Carol Petrie, is an adult individual who, upon information and belief, resides in either Camp Hill or Mechanicsburg, Cumberland County, PA. 4. Defendant John A. Petrie, is an adult individual who, upon information and belief, resides at 502 W. Keller Street, Mechanicsburg, Cumberland County, PA 17055. 5. Defendants jointly operate a home improvement business under the registered fictitious name Mother Hubbard's Custom Cabinetry, from a principal place of business at 5309 E. Trindle Road, Mechanicsburg, Cumberland County PA 17050. 6. The case involves defective improvements to a residence owned by Plaintiff located at 511 W. Main Street, Mechanicsburg, Cumberland County, Pennsylvania, and the acts and practices complained of occurred at that location. In addition, Defendants business is located in Cumberland County, thereby making this court the proper venue for this case. BACKGROUND AND FACTS 7. In 2009, Plaintiff became the owner of the single-family residence located at 511 W. Main Street in Mechanicsburg. 8. Plaintiff decided to make a number of improvements to the property and sought a contractor to perform that work. 9. In doing so, she spoke with Defendant John A. Petrie about the project and met with him several times at the residence. 10. As a result of Defendant John A. Petrie's contact with Plaintiff at the residence, on or about April 28, 2009, the parties entered into a contract by which Defendants were to perform renovations and make improvements to the residence in exchange for payment by Plaintiff in excess of $26,000. A copy of the parties' written contract is attached hereto as Exhibit A. 11. Among the renovations to be made were the installation of concrete countertops in the kitchen and construction of a built-in entertainment center in the family room. 12. Beginning in 2009, Defendants began work on the improvements and 2 renovations pursuant to the parties' written agreement. 13. Defendants installed concrete countertops in the kitchen. 14. The concrete countertops were not properly finished, and not installed in conformity with customary industry practices. 15. The concrete countertops stained and became etched almost immediately after installation. 16. Plaintiff notified Defendant John A. Petrie about the above-referenced defects on numerous occasions during the course of the project, but Defendants refused to correct those problems. 17. In late December, 2009, Plaintiff obtained a proposal from another contractor to attempt to correct the problem with the concrete countertops. Defendants agreed to pay the other contractor to make the corrections. That work was done in January, 2010. 18. The attempted corrections did not work. 19. Plaintiff contacted Defendant John A. Petrie on numerous occasions in the first half of 2010 to have him correct the defects in the concrete countertops. Finally, in June, 201, he agreed to make the required corrections. 20. Despite the promise to make the required corrections, however, Defendants failed to do so. 21. Defendants have ignored all subsequent demand to correct the problem. 22. The only way to correct the problems with the defective concrete countertops is to replace them. 23. Defendants also designed and constructed a built-in entertainment unit 3 that is disproportionate in size. 24. The design of the built-in entertainment unit is not in conformity with customary industry practices. 25. Despite repeated demand by Plaintiff, Defendants have failed to remedy the problem caused by the improper design of the built-in entertainment unit. 26. As set forth in Exhibit A, Defendants warranted the work performed for Plaintiff. 27. Despite repeated demand by Plaintiff, Defendants have failed to comply with the terms of that warranty. 28. The amounts sought herein by Plaintiff are within the limits for compulsory arbitration. COUNTI Violation of the Consumer Protection Law 29. The averments of paragraphs 1 through 28 are incorporated here by reference as if fully set forth. 30. The services which Plaintiff purchased from Defendants were for personal, family or household purposes. 31. At all times relevant hereto, Defendants were engaged in "trade" or "commerce" as defined by § 201-2(3) of the Pennsylvania Unfair Trade Practices and Consumer Protection Law, 73 P.S. § 201-1, et seq., (hereinafter the "Consumer Protection Law"). 32. By the terms of the written agreement between the parties, Defendants were obligated to perform the work on Plaintiff's property in conformity with customary 4 industry practices. 33. Defendants failed to perform the work on Plaintiffs property in conformity with customary industry practices. 34. According to the terms of the written agreement between the parties, Defendants warranted the work performed on Plaintiff's property for one year form the date of completion. 35. Defendants failed to honor the terms of the written warranty provided to Plaintiff. 36. Plaintiff reasonably relied upon Defendants' representations as to the standard of services and warranty contained in the parties' written agreement. 37. Defendants' acts were in violation of § 201-3 of the Consumer Protection Law, and were unfair or deceptive acts or practices as defined in the following subsections of § 201-2(4) of the Consumer Protection Law: (xiv) Failing to comply with the terms of any written guarantee or warranty given to the buyer at, prior to or after a contract for the purchase of goods or services is made; (xvi) Making repairs, improvements or replacements on tangible, real or personal property, of a nature or quality inferior to or below the standard of that agreed to in writing; 38. As a result of the aforesaid violations of the Consumer Protection Law, Plaintiff suffered an ascertainable loss of money. WHEREFORE, Plaintiff demands judgment in her favor and against the Defendants for the following relief: a) an award of three times Plaintiffs actual damages as proven at trial; b) costs and reasonable attorney's fees; and 5 c) such additional relief as the court deems necessary or proper. COUNT II Breach of Contract 39. The averments of paragraphs 1 through 28 are incorporated here by reference as if fully set forth. 40. According to the terms of the parties' written contract, Defendants were required to perform the improvements on Plaintiff's property in conformity with customary industry practices. 41. Defendants failed to perform the improvements on Plaintiff's property in conformity with customary industry practices, thereby breaching their contract with Plaintiff. 42. As a direct result of Defendants' breach of contract, Plaintiff has suffered actual damages in the form of the cost to correct the defective countertops and improperly sized entertainment center. WHEREFORE, Plaintiff demands judgment in her favor and against Defendants in the amount of the cost to correct the defective countertops and improperly sized entertainment center, as proven at trial, plus costs of this action. COUNT III Breach of Contract (Breach of Warranty) 43. The averments of paragraphs 1 through 28 are incorporated here by reference as if fully set forth. 44. Defendants provided Plaintiff with a written warranty, contained in the parties' agreement, which is Exhibit A to this Complaint. 6 45. By failing to correct the defective countertop and improperly sized entertainment center, Defendants breached the warranty provided to Plaintiff. 46. As a direct result of the aforesaid breach of warranty, Plaintiff suffered actual damages in the form of the cost to correct the defective countertops and improperly sized entertainment center. WHEREFORE, Plaintiff demands judgment in her favor and against Defendants in the amount of the cost to correct the defective countertops and improperly sized entertainment center, as proven at trial, plus costs of this action. Ily submitted, Date: - ? I/-// Jos Ii. 1 . nlefl5erg ney ID No. 4 080 Linglesto oc, Harrisburg, P 110 (717)703- Attorney for Plaintiff uire , Suite 106 7 91dot6er yfu66ard's Custom Ca6inetry CIRRIIETRY W evtnl a0lsetr 4 ror 4, Proposal 5309 East 7rindta Road Wec6anics6urg, (Pfl 17050 (717) 697-0949 (717) 697-2076 Emait infoomhrustom.com Proposal Number: 1 Pippa Calland 4/28/2009 511 West Main Street Mechanicsburg PA 17055 717-448-6137 Job Location: Job Description: KITCHEN Calland Job Number 904.036 This is a proposal provided by Mother Hubbard's Custom Cabinetry. Cabinetry: $13,963.00 Proposal to provide new kitchen cabinetry as per plan reviewed, using Mother Hubbard's Custom Cabinetry in oak wood, with a full overlay door and drawer style finished in an Espresso stain color. (Stain color to be selected). The wall cabinets will finish (trim out) at the ceiling. Countertops: $3,500.00 Provide custom concrete countertops for kitchen. Countertops will be 2" thick. Color to be selected. Allowance to provide ceramic tile backwall for kitchen. Price will vary with final selections. Tile: $2,995.00 Page 1 of 4 EXHIBIT A Calland Job Number 904.036 Plumbing Fixtures: $1,825.00 Allowance to provide large single bowl stainless steel sink, faucet, and garbage disposal. Price will vary with final selections. Installation: $4,063.00 Labor and materials to install kitchen cabinetry, countertops, appliances, tile backwall, sink, faucet. All mechanical rough-ins provided by GC, as per specifications provided by Mother Hubbard's. Total Contract Price: $26,346.00 Payment Terms: Terms of Sale: 50 % DEPOSIT UPON ORDER $13,173.00 40 % UPON START OF PROJECT $10,538.40 10 % UPON SUBSTANTIAL COMPLETION $2,634.60 The standard form of warranty shall apply to the service and equipment furnished (except where other warranties of purchased products apply). The warranty shall become effective when signed by the seller and delivered to the purchaser. All labor is warranted for one year from the date of completion. The delivery date when given, shall be deemed approximate and performance is subject to delays caused by strikes, acts of God or other reasons not under the control of the seller, as week as the availability of the product at the time of delivery. You will be notified by your designer of the factory acknowledged delivery date with is +/- 3 days. Due to the custom nature of this product the date cannot be changed unless we notify the factory five (5) weeks prior to this delivery date. If a hold is required after this time the cabinetry will be placed in a bonded storage facility and a net factory charge of 2% of the selling price per month will be added to your delivery invoice. The purchaser understands that the products described are specially designed and custom built and that the seller takes immediate steps upon execution of this agreement to design, order and construct those items set forth herein; should this agreement be cancelled for any reason, all costs associated with the project to that point are due and payable. Title to the item sold pursuant to this agreement shall not pass to the purchaser until the full price as set forth in this agreement is paid to the seller. The risk of loss, as to damage or Page 2 of 4 Calland Job Number 904.036 destruction, shall be upon the purchaser upon delivery of the product to the purchaser's premises. Delays in payment shall be subject to interest charges of 15% per annum, and in no event higher than the interest rate provided by law. If the seller is required to engage the services of a collection agency or an attorney, the purchaser agrees to reimburse the seller for any reasonable amounts expended in order to collect the unpaid balance. No installation, plumbing, electrical, flooring, decorating or other construction work is to be provided unless specifically set forth herein or in the attached specifications form. In the event the seller is to perform the installation, it is understood that the price agreed upon herein does not include possible expense entailed in coping with hidden or unknown contingencies found at the jobsite. In the event such contingencies arise and the seller is required to furnish labor and materials or otherwise perform work not provided for or contemplated by the seller, the actual costs plus 30% thereof will be paid for by the purchaser. Contingencies include but are not limited to: inability to reuse existing water, vent and waste pipes, air shafts, ducts, grilles, louvers, and registers; the relocation of concealed pipes, risers, wiring or conduits, the presence of which cannot be determined until the work has started; or imperfections, rotting or decay in the structure or parts thereof necessitating replacement. If any provisions of this agreement is declared invalid by any tribunal, the remaining provisions of the agreement shall not be affected thereby. This agreement sets forth the entire transaction between the parties; any and all prior agreements, warranties or representations made by either party are superseded by this agreement. All changes in this agreement shall be made by a separate document and executed with the same formalities. No agent of the seller, unless authorized in writing by the seller, has any authority to waive, alter or enlarge this contract, or to make any new or substituted or different contracts, representations or warranties. Permits: Most municipalities will require a building permit for any home modification over $ 500.00, especially if plumbing and electrical modifications are required. The permit application should be made/paid by you, the owner. Mother Hubbard's Custom Cabinetry will provide a set of plans relative to the permit application. Final inspections will be paid by Mother Hubbard's Custom Cabinetry and added to the final invoice at actual costs. The seller retains the right upon breach of this agreement by the purchaser to sell those items in the seller's possession. In effecting any resale on breach of this agreement by the purchaser, the seller shall be deemed to act in the capacity of agent for the purchaser. The purchaser shall be liable for any net deficiency on resale. The seller agrees that it will perform this contract in conformity with customary industry practices. The purchaser agrees that any claim for adjustment shall not be reason or cause for failure to make payment of the purchase price in full. Any unresolved controversy or claim arising from or under this contract shall be settled by arbitration and judgment upon the award rendered may be entered in any court of competent jurisdiction. The arbitration shall be held under the rules of the American Arbitration Association. Page 3 of 4 Calland Job Number 904.036 Although we consider the job complete when it becomes available for use as intended, and payment is due at that time, it is possible that a small piece of trim or a damaged item that is being replaced is not installed. The full retail value of that item, plus 10% may be with held until that item is complete. Granite, Marble and Ceramic Tile: The ceramic tile you have selected is of the highest quality, hand crafted tile. It is a statement of the artist, the craftsmen and your good taste. As such, slight color, texture and pattern variances are normal and should be expected. Granite and marble are natural products and will vary in color, veining and texture. This proposal is valid for 25 days from the date of offer. Authorized Agent: Date: Purchaser: Purchaser: Page 4 of 4 VERIFICATION I, Pippa Calland, hereby state that I have reviewed the foregoing Complaint, and verify that the facts set forth in the document are true and correct to the best of my knowledge, information and belief; and that this statement is made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Dated: GZ Li Z01 J PIPPA CALLAND Joseph K. Goldberg, Esquire 2080 Linglestown Road, Suite 106 Harrisburg, PA 17110 (717) 703-3600 jgoldberg@ssbc-law.com PA ID #46782 FILED-OFFICE 0'r-' THE PROTNONOTAR`f 2011 JUN 15 AM 10: 31 cUMBERLANO COUNTY PENNSYLVANIA PIPPA CALLAND, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. CIVIL TERM (LAW) LESLIE D. PETRIE, CAROL PETRIE, and JOHN A. PETRIE, d/b/a Mother NO. 11-2516 Hubbard's Custom Cabinetry Defendants JURY TRIAL DEMANDED PRAECIPE TO MARK CASE DISCONTINUED TO THE PROTHONOTARY: Please mark the above-captioned case as being Settled and Discontinued with Prejudice. itted, Date: oldberg, I Attorney ID No. 467 ' 2080 Linglestown Harrisburg, PA 10 (717)703-360 Attorney for aintiff uire , Suite 106 A, CERTIFICATE OF SERVICE Lo d I, the undersigned, hereby certify that on the day of 2011, served a copy of the foregoing Praecipe to Mark Case Discontinued, by first-class mail, postage prepaid, upon the following: Lauren E. Bogar, Esquire One West Main Street Shiremanstown, PA 17011 Attorney for Defendants