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PATRICIA A. SHANKLE and IN THE COURT OF COMMON PLEAS OF
GERALD C. SHANKLE, JR., :CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
CIVIL ACTION -LAW
vs. N0. 2001- o~~~d CIVIL TERM
NORTHEASTERN HOME IMPROVEMENTS OF HARRISBURG, :
INC., IN ASSUMPSIT
Defendant :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 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
SAIDIS
SHUFF, TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN & LINDSAY
ATrORNEYS•AT•UW
~6 w. Sigh street GET LEGAL HELP.
Carlisle, PA
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
~117~ 249-3166
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PATRICIA A. SHANKL
~ E and . ERALD C. SHANKLE ~ IN THE COURT OF C
JR., C OMMON PLEgS OF ' UMBERLAND COUN
Plaintiffs ~ PENNSYLVANIA
: CIVIL ACTION - L,qy~ vs. N0. 2
001 ~2 yob
NORTHEAST CIVIL TERM ERN HOME '
IMPROVEMENTS OF HARRISBURG, ; INC.,
IN ASSUMpSIT
Defendant :JURY
TRIAL DEMANDED
COMp~AINT
NOW COMES Patr' ' icia A. Shankle and G
erald C. Shankle Jr. t ~ , by and
hrough their attorn eys, SAIDIS, SNUFF F
LOWER & LINDS AY, and states as
follows:
1 • Plaintiffs are ~ • '
adult individuals who ' reside at 1915 Lenox S
treet, Camp Hill, Cumberland Co
unty, Pennsylvania.
2~ Defendant is a Pennsylvania Cor ' poration, with a rinci a
p plplaceof business at 125 En
ola Drive, Suite 106 Enola, Penns Ivani
Y a.
3• On or about May 24, 1999 the '
parties hereto entered ' into a certain
written contract for the • construction of two additio
ns to Plaintiffs' residenc • e, comprised
of a second sto ad ' ' rY dition and an additio
n to the back of Plainti ffs residence. A co
of the A reem pY SAIDIS 9 ent is attached heret
~o~ o as Exhibit "A".
& LINDSAY
?„~R„~,~,~T,~ 4. The contract ' w price was $69,437.00.
6 W. High Street Carlisle, PA 5 At t
he time of the mak' ing of the contract, Plainti
fFs advised Defends '
agent an nts d Defendant knew that the prima
ry purpose of the additio ns was to
accommodate Plaintiff Patr' ' icia A. Shankle's elder)
Y parents who were movi '
ng into
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Plaintiffs' residen
ce, and m particular to accommodate Patricia
A. Shankle's fath who uses a wheel er
chair.
6. pn Ma 6 Y , 1999, Defendant'
s agents, Mark Kerlin a
ad ' nd ramie Walsh vised Plaintiffs that th ' e additions contracte
d for would be co mpleted by Labor D
1999. aY~
7• Althou h t
g he work on the contract was to com
mence "ASAp~~ b the contract terms w Y
ork did not comme nce until November 15
1999. Further d continued an elays
d by April 2000 a fter numerous wa '
rn~ngs, Plaintiffs advise
that d Defendant they considered p efendant to have b
reached the contract.
8. Prior to A . pril 2000, Plaintiffs
had paid to Def endant, pursuant to
terms o f the the original contract t
hirty-five 35% ~ ~ percent
of the contract ' $24,290.00. pace,
9• In order to ' avoid I~tigat~on, the a . p roes entered into a
Workout A reem
on Au ust 1 9 ent 9 8, 2000, a co of pY which is attached h
ereto as Exhibit "B",
1 Para ra h 9 p 2 of the Work
out Agreement call ed for Defendant
recommence w to ork on August 21
2000, and Para r g aph 6 of the Worko
called ut Agreement SAIDIS for completion "o
UHF nor before the 45~ c FLOWER alendar day follow' .
~ LINDSAY ing the date of this Agreement. If No
YS~AT~L~yy rtheastern fails to complete the pro'ect
w. High Street J within the fort -five Carlisle, pq penod r Y (45) day
p ovided for herein Sh ankles shall be entit
led to $1, 000.00
damn per day as delay ges, beginning with the _ ~ n, forty sixth (46 d .
ay, until the ro' ' p sect is complete."
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11~ Para rah
9 p 14 of the Worko ut Agreement calle
d for the parties t their own attome ~ ° pay
Ys fees and costs wi ~ . th this exce ton: "
p However, if ~t is d . etermined by a panel of arbitrators '
' a ~urY °r a judge that a pa~Y has breached '
A r this Workout g Bement, the breachin g party shall be ordere
d to pay the othe . r parties reasonable
attorney's fees incu rred to enforce the W
orkout Agreement."
12. Inco orate '
rp d into the Worko ut Agreement was
an Escrow ggreeme according to w ~ nt,
hich the parties agreed to escrow the
balance owed to ~ . accordin Plaintiff
9 to the terms of th e contract, and to a
p y $35,147.00 u o . p n issuance of an
occupancy permit b Y Camp Hill Boro
ugh, leaven $10 . g ,000.00 m escr
completion of ow upon the project. The o
ccupancy permit was iss Ued on Qctober 3 2
$35,147. ~ 000 and 00 was paid out of
escrow to Plaintiff accor ' Jingly.
13• Defendant has not fulfilled t he provisions of
the Workout A re . many antic 9 ement in
p ulars Set out on E ~ ~ „ xhibit B ,attache
d hereto, and inc . orporated here1n, In
particular, Defendant has failed or refu sed to comply with P
aragraph 9 which cal
for the new addi ' Is ton to be level and
match with the existin g home so that a
enter and exit person can the addition from t
he original hoUSe ' ~n a wheelchair without '
assistance. SAIDIS 14. Defendant
has performed t UFF, FLOWER he contract in
~ LINDSAY a poor, improper or u workmanlike manner n
~~1'S•AT•LAW asset forth on Exhibit "C"
~ W. High Street ' Carlisle, PA 15. Des '
pate reasonable ext ensions o f time b the p ' .
Y la~ntiffs, Defenda
failed or refused nt has to cure the aforesai
d breaches of the Workout A reeme 9 nt.
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16. The reasonab
le costs actual) inc Y urred or to be incurred ~ '
by the Plamtif fs
in remedying the breaches described are in exc
ess of $25,000.00, the s tatutory limit
for mandato arbitr ' ry anon, and include a
ttorneys fees reason ' ably incurred to enfo
the terms rce of the UVorkout A r
g Bement, penalties for del ay the costs to com le
. p to the project and the costs to re
medy poor, impro er o - p ~ r un workmanlike con
struction. WHEREFORE Plai
ntiffs pray this Honor able Court to enter '
judgment against
Defendant and for ~ ' Plaintiffs in an am . ount in excess of $25
,000.00 with costs
interes and t.
SAIDIS, SHUFF, FLO WER & LINDSAY P.C
Attorneys for Plain ' ' tiff
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By~ , .
Ca of J. Lin ~ ~ ' dsay Esquire
I D 44693
West High reet
Carlisle, PA 17013
(717) 243-6222
SAIDIS HUFF, FLp~VFR
& LINDSAY
AT~'~R~:YS•AT•LAW
t6 W. High Street
Carlisle, pA
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VERIFICATION
I, the undersigned, hereb veri that th Y fY a statements made herein are
true and
correct. I understand that false statements h ' erein are made subject to the penalties
of 18 Pa. C.S. § 4904, relatin to unsw g orn falsification to authorities.
r ~ w
Patricia . Sl~nkle~
r / f+'f; 1 . ~
G~ ald C. Sh nkle, Jr.
. I ~ 0 I
Date.
SAIDIS
SNUFF, FLOWER
& LINDSAY
~~o~rs•~T•r~w
Z6 W. High Street Carlisle, PA
I
APR 1 9 2001
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MEMBER
STERN ~ j J> > i~ ~ ~ J 1 ~ j PENNSYLYI~NIA ~ ~
~ A~coA BIIREI~11 125 North Enola S
treet Suite 106
Enola, PA 17025
717 - ( ) 732 3600
TO .
-.~L Job No. Date _
The un hone# ,~ZZ _ ~ f ders~gned, hereinafter call the Contragor ~ ' Improvements described herein, accords ~ propose to furnish all materials
rig to the follows s , , and labor to install . rig pecifications, orYin butlding located et abov ' constn~ct and place the
~ ~ 08TAIN All APPROPRIATE PERMIT a address. SAND INSURANCES,
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~ s ' ~ - y ~ ~ Less Discount
ou 3 • ~ s " TOTAL ~ ~ ~ ? ~ DO NOT D0: ~
DIP Received ~~G 7~v . ~
BALANCE 4W f~ ° u ED - ~ ~ Co ~ ~rc+ow. ~ Bal, to be finance ~
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The ~ 4 ~ 6 , Contragor shall be permuted iti ' to proceed with thi CTv C~k ~ ~ the Contragor, wig, sub' s work on or about h ~'rF ~
lect to unforeseen vontingenc(es, cortuner~ work on ~ ~ ~ and u a or about said date. Payment of the abov ~ ~Ptance by you and ~
e work to be made as follows: Cash upon Gomple~•
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This agreement shall become bind. ~ v . ~n9 ply upon written acceptance by the Contractor sub aaeptan~ or canmenoement of performance ~
or upon the contractor commencing performance and covenants, this shah constitute the entire contraq and be bin ' + promises, warranties or agreements, written or oral din u upon
Contragor has authority to alter the to ~ expressed or implied. Exce t as g ~ ~ parts hereto, there bein rms of this agreement in any particular. It is further a rep herein set forth. No Sales Represenlativ g no ~ (A) ANY alteration or deviation from above s '
g ed that: a of the i extra age over and above the original agreemen ~s ~v~~ eta °DSts, wiU be executed
1~) The Contragor shah not be res only ~ written orders, and will become an control, including, but not limited to, a~peod+'~sible for damage, delay or defat~t where occasi
production facilities or transeerfal:~~. Conflict ore tined by any cases or env kind a,~e.,a _ conomiC dlSkxation ra~„~~~.,..
•~'•~1aw'j'F umicultiss; civil disorders of an i --avolu ue °na its
31 an Y tires, floods and accidents. The Contractor any kind action of i civil or embargoes; shortages of labor, raw materials, carries W m lrtary authorities Y aracter under this contract other than covered b s urkman's Compensation and Public Uabili (including priorities and (C) The proposal is limited to by insurance, h insurance, but does not assume risks
(D) The Purchaser is dealing with the C tract days acceptance from date hereof.
mY person, firm or corporation or as principal and that the Contractor is not acting hereunder as the agent or representative of E) Deposits are non-refundable, if cash deal and/or tm '
andng is obtained. ~
ACC - x 19 _Z4
x Signature
Signature )11l I I ~C)~~)1~~)~;
Deposit / Amount J
0 CASH U CHECK # _
RBPT"ntative .e=.yr„ ~;yg 3~.. 1
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workout A re
Thi meat s Agreement ma
between Np de this ~
RT~STERN H day of Pe~sYZvania OME IMPROVE August, 200
1 corPoratio ~ MEN'I'S OF 0' by and 25 North E n, with It ~ KARRISBURG
nOla Drive, S s Princi al INC. , a (hereinafte uite 106 ~ of flCe to r referred to Enola Penn sated at
S~~E, JR . as "North Sylvania
, and pATRICIA eastern„) and lrsdlviduals A• S GERAL
residin HANKIE, his D C. Pe~sylvania g at 191S Leno wife, adult
(hereinafte x Street, Ca r referred to mp Hi11,
y~HER as Shankl eS„ EAS , on or ) .
agreed u about Ma 24 Pon and cont Y 1999 Nor
various im ratted to et theastern a provements g her to hav nd Shankle
dwelling to and struCtur a N°rtheaste s ca t ed a t 191 aI addi t i o rn per form
COUntY, Penn 5 Lenox Str ns to the Sh
Sylvania ~ eet , Camp Hi ankles , 11, Cur~erl
and ~EREAS~ the
performed b materials Were Y Northeaster to be su 1.
o $69,437.Op. n In exChan I PP 1ed and the
ge for a abor payment by Sha
nkles WHEREAS Nor
than an thedstern be
Y °f the parti gars work on s ~ , es antlCi ate aid pr07eCt m P d% uch later
~EREAS~ num
Northeaste er°us other di rn and Sha fferenCeS h
ShankleS a nkles, such ave arisen lleged that that in th between
Northeastern the COntrac a spring of 2 from doin t was breach 000,
g any further ed and Prohi work on th tilted
WHEREAS, Nor a PrO~ ect; an differ theastern a d
enCes be res nd Shankles
the olved and t desire that Project, hat Northe their
astern pro tl ~ Y complete
NOW THEREFOR
corssi~~ E, intersdin ration of the g to be legall
here1n, the mutual prom Y bound here part1es he lSeS and co by and in
reto agree as versants contai follows; ned
1) Shankle s shall Permit
subCOntracto NOrtheaster
rs, to return n' its emplo e reCOmmence wor to the 'ob Y es and
on k and Nort ~ site and Monday, Au heastern s
gust 21, 20 hall reCOmme 0 0 , nCe work
2) Northea
stern acknowle $24,290.00 dges the r. from ghankle P for reCei t o
contract s which has P f Price for the been a 1,
said Pro~ec Pp led to the t. u.
..fit ,s~~! r '.~Ya'
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3) Shankles have, contemporaneously with the execution of
this agreement, placed the sum of $45,147.00 in escrow
with Carol J. Lindsay, Esquire and Gregory R. Reed,
Esquire, to be paid to Northeastern upon the
completion of this project, in accordance with the
Escrow Agreement, a copy of which is attached hereto,
marked Exhibit "1' and incorporated herein by
reference as though fully set forth herein.
4) Northeastern has, contemporaneously with the execution
of this agreement, and as consideration for this
agreement, marked the mechanic's lien claim filed on
or about May 11, 2000 to a number 2948 of 2000 in the
Prothonotary's office of the Cumberland County
Courthouse, "settled, satisfied and discontinued.,
5) Northeastern shall, contemporaneously herewith and as
consideration for this agreement, file in the
Prothonotary's office of the Cumberland County
Courthouse, a Stipulation against Mechanic's Lien
signed by itself as the general contractor for all
work to be done subsequent to the date of this
agreement. Furthermore, Northeastern shall file with
the Prothonotary of Cumberland County a Release of
Liens signed by it and all other independent
contractors, subcontractors and material men, (except
Rick Long and Tim Wentzel) of all mechanics liens
past, present and future. The Release of Liens shall
be filed within five (5) days of the date of this
Agreement. Northeastern shall indemnify and hold the
Shankles harmless against all claims by any
independent contractor, subcontractor, or material men
and from any attorney's costs incurred to defend such
claims. By August 23, 2000, Northeastern shall
provide to Shankles proof that it paid Rick Long and
Tim Wentzel for their work on the Shankles' property.
6) Northeastern will complete the project on or before
the forty-fifth (45th) calendar day following the date
of this Agreement. If Northeastern fails to complete
the project within the forty-five (45) day period
provided for herein, Shankles shall be entitled to
$1,000.00 per day as delay damages, beginning with the
forty-sixth (46`h) day, until the project is complete.
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7) Northeastern will work diligently to complete the
project on a Monday through Friday basis, although the
very nature of the project may involve lulls in the
work to allow spackling compound to "set up" or for
other similar reasons.
8) Northeastern shall complete the project in accordance
with the specifications set forth in the original
contract, a copy of which is attached hereto, marked
Exhibit "2" and incorporated herein by reference.
9) In addition, Northeastern's work shall include the
following:
a) Reinstallation of a waterline in the rear of the
house which was removed during construction;
b) The caulking and flashing around the chimney will be
completed and/or repaired as well as the entire
offset around the second floor addition shall be
made watertight;
c) The soffit to be installed on the front porch
ceiling shall be almond in color;
d) A front porch with a marquis roof with shingles to
match. The porch itself will include ballasters,
tongue and groove flooring, a finished porch ceiling
and all overhangs of the front porch roof in vinyl
with almond color. Furthermore, Northeastern will
remove portions of the pad installed so that the
porch floor does not extend beyond its roof.
e) All downspouts installed by Northeastern shall
comply with and conform to the water run-off plan
submitted to the Camp Hill Borough;
f) Installation of steps, which shall be at least as
wide as the back doorway, in the rear of the house
so that occupants can enter and exit in the rear of
the house;
g) The front door to the home shall be made wheel chair
accessible;
h) Grade and seed those portions of the front and rear
yard which were disturbed or disrupted as a result
of the project;
i) No hot and/or cold water lines in the addition will
touch each other;
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j) The new addition shall be level and match with the
existing home so that a person can enter and exit
the addition from the original house in a wheelchair
without assistance.
k) The design of the kitchen layout is attached as
Exhibit "3°. Northeastern shall install two
recessed lighting fixtures, one over the sink and
one over the bar. The existing lighting fixture in
the present kitchen shall remain. Northeastern
shall install a fixture of mid-range quality to be
selected by Shankles over the eating area.
Electrical outlets shall be pursuant to Building
Code. Northeastern shall provide wiring, the floor
coverings for the kitchen as set out on Exhibit "7"
attached hereto. Cabinets will be in accordance
with the plan attached as Exhibit "30. Northeastern
shall provide necessary plumbing so that sink and
appliances are in good working order.
1) A design of the support posts for the installation
of the laminated beams between the existing kitchen
and the new addition is attached hereto, marked
Exhibit 44" and incorporated herein by reference as
though fully set forth herein.
m) Before new flooring is laid, recheck the floors in
the addition and re-nail, where necessary, to help
prevent squeaking and loose joints.
n) Check ceiling and wall plates where ducts were cut
in order to guarantee straightness.
o) The drawings and plans for the master bath are
attached hereto, marked Exhibit 45" and incorporated
herein by reference as though fully set forth
herein.
p) All construction, including but not limited to,
electrical wiring, which shall be upgraded to 200
AMP service, and plumbing, shall be in compliance
with local building codes and meet the approval of
the local municipal building inspector.
q) All windows installed in the addition shall be in
compliance with the applicable local building codes.
r) All damaged window screens shall be replaced.
s) The front door screen and frame shall be replaced.
t) Any holes in the living room and two bedroom
ceilings shall be repaired and repaired with similar
paint but Northeastern shall not be required to
repaint the entire ceiling.
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u) The door handle and screens shall be installed on
the new French patio doors and keys supplied.
v) Runoff from cement work shall be removed from the
siding and brickwork of the house.
w) Basement stairway recessed light to be replaced.
x) Siding loosened as a result of work done by
Northeastern shall be reattached.
y) Fascia damaged by Northeastern's workmen shall be
replaced.
10) Northeastern shall perform work in accordance with a
schedule mutually agreed upon by the parties after the
inspection referred to in paragraph 1 hereof.
11) All allowances for fixtures, bathrooms, bedrooms and
second floor hallway are set forth in Exhibit "6",
attached hereto and incorporated herein by reference
as though fully set forth herein.
12) Although Shankles may, at their cost, hire a
contractor to inspect Northeastern's work, said
contractor shall not harass or interfere with
Northeastern's employees and subcontractors or
otherwise interfere with their work nor shall
Northeastern's workmen harass or interfere with the
contractor that Shankles hire.
13) Neither Northeastern nor Shankles shall threaten or
attempt to influence any building inspector but shall
accept his or her determinations and findings and
honor them.
14) Northeastern shall be solely responsible for its legal
fees and costs and Shankles shall be solely
responsible for their legal fees and costs, as well as
the costs of any contractor other than Northeastern.
However, if it is determined by a panel of
arbitrators, a jury or a judge that a party has
breached this Workout Agreement, the breaching party
shall be ordered to pay the other parties reasonable
attorney's fees incurred to enforce the Workout
Agreement.
15) This Agreement shall be governed by and construed in
accordance with the laws of the Commonwealth of
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Pennsylvania, including its
without regard to its rules
law.
statutes of limitation but
concerning conflicts of
16) Any invalidity, in whole or in part, of any provision
of this Agreement shall not affect the validity or
enforceability of any other of its provisions.
17) This Agreement shall be binding on and shall inure to
the benefit of the parties hereto, their successors,
heirs and assigns.
18) The headings contained in this Agreement are for
convenience of reference only and shall not control
the interpretation of any term or condition hereof.
19) The recitals appearing before Paragraph 1 of this
Agreement constitute a material part of this Agreement
and are expressly incorporated herein by reference.
20) The enforcement provision of the promissory note of
June 14, 1999 are null and void to the extent that
they call for the payment of attorney's fees.
IN WITNESS WHEREOF, the parties hereto have hereunto set
their hands and seals the day and year first above written.
Attest:
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Mark Kerlin, President of
Northeastern Home
Improvements of Harrisburg,
Inc.
b ..?
Gerald C. Shankl Jr.
P tricia A. Shankle
et'S `?
Witness
THIS ESCROW AGREEMENT (the "Escrow Agreement") is made this
?o day of August, 2000, by, between and among NORTHEASTERN
HOME IMPROVEMENTS OF HARRISBURG, INC., a Pennsylvania
corporation, with its principal office located at 125 North
Enola Drive, Suite 106, Enola, Pennsylvania (hereinafter
referred to as "Northeastern") and
GERALD C. SHANKLE, JR., and PATRICIA A. SHANKLE, his wife,
adult individuals residing at 1915 Lenox Street, Camp Hill,
Pennsylvania (hereinafter referred to as "Shankles") and
CAROL J. LINDSAY, ESQUIRE and GREGORY R. REED, ESQUIRE,
(hereinafter referred to as "Escrow Agents").
WHEREAS, Northeastern and Shankles entered into a Workout
Agreement dated August 18, 2000, pursuant to which Northeastern
has agreed to complete an addition and remodeling project at the
residence of Shankles; and
WHEREAS, Shankles have agreed to place the sum of Forty-
five Thousand One Hundred Forty-seven and 00/100 ($45,147.00)
Dollars (hereinafter referred to as "Escrow Funds") in escrow
pending the completion of the project.
WITNESSETH:
NOW THEREOFRE, intending to be legally bound hereby and in
consideration of mutual promises hereafter set forth, the
parties hereto agree as follows:
1. Escrow Agents shall hold the Escrow Funds in an
interest bearing account, and when they disburse the
final monies to Northeastern, pay all interest to the
Shankles or, if monies are paid into court pursuant to
paragraph 3 hereof, pay the interest into court.
2. Escrow Agents shall, upon receipt from any party of an
occupancy permit issued by an officer of the Camp Hill
Borough for the addition and improvements at 1915
Lenox Street, Camp Hill, Pennsylvania, disburse to
Northeastern $35,147.00 within three (3) business days
of receipt of such permit. It is specifically
understood and acknowledged that the copy of the
permit from the Camp Hill Borough shall, in and of
itself, be sufficient to cause the Escrow Agents to
disburse funds to Northeastern, even over the
objection of Shankles. The balance of the escrow
monies shall be paid to Northeastern upon Shankle's
written authorization or when a contractor approved by
Shankles and Northeastern certifies that the work has
been done in a workmanlike manner and in accordance
with the workout agreement of even date herewith. All
fees incurred for the said contractor shall be shared
equally by the parties. Contractor shall be chosen by
Shankles from a list of three submitted by
Northeastern.
3. In the event Escrow Agents do not receive, within
sixty (60) days from the date hereof, a copy of an
occupancy permit signed by an officer of the Camp Hill
Borough and in the event Northeastern and Shankles
cannot agree upon the disposition of the Escrow Funds,
Escrow Agents shall be entitled to pay the Escrow
Funds into a court of competent jurisdiction whereupon
Escrow Agents shall have discharged all of their
obligations pursuant to this Escrow Agreement.
4. Any fees charged by Gregory R. Reed, Esquire for his
services as an Escrow Agent shall be paid by
Northeastern and any fees charged by Carol J. Lindsay,
Esquire, for her services as an Escrow Agent shall be
paid by Shankles, except that Northeastern shall pay
the first $300.00 of Carol J. Lindsay's fees actually
incurred for services as an Escrow Agent.
S. The Escrow Agents acting or refraining from acting
reasonably and in good faith (A) shall not be liable
for any mistake of fact or error of judgment be it or
for any acts or omissions by them of any kind unless
caused by willful misconduct or gross negligence, and
shall be entitled to rely and shall be protected in
doing so, upon (i) any written notice, instrument or
signature believed by it to be genuine and to have
been signed or presented by the proper party or
parties duly authorized to do so and (ii) the advice
of counsel (which counsel may be of the Escrow Agents'
own choosing), and (B) shall have the responsibility
for the identity, authority or rights of any person
herein or entity executing or delivering or purporting
to execute or deliver this Escrow Agreement or for the
contents of any writing submitted to it hereunder and
shall be entitled reasonable and in good faith to rely
without any liability upon the contents thereof and
may assume that any person purporting to give any such
writing in connection with the provisions of this
Escrow Agreement has been duly authorized to do so.
The Escrow Agents make no representations as to the
validity, value, genuineness or the collectability of
any security or other document or instrument held by
or delivered to them.
6. Northeastern and Shankles agree to indemnify the
Escrow Agents and hold them harmless from and against
any and all losses, liabilities and expenses incurred
by the Escrow Agents arising out of or in connection
with the performance of their duties hereunder or any
dispute between the parties hereto, except those
resulting from willful misconduct or gross negligence.
7. The parties agree that all notices hereunder shall be
in writing, shall be given by personal service, or by
registered or certified mail, addressed to
Northeastern, Shankles, or Escrow Agents at the
addresses appearing below:
Northeastern Home Improvements of Harrisburg, Inc.
145 North Enola Street
Suite 106
Enola, PA 17025
Mr. and Mrs. Gerald C. Shankle
1915 Lenox Street
Camp Hill, PA 17011
Escrow Agent: Carol J. Lindsay, Esquire
26 West High Street
Carlisle, PA 17013-3016
Escrow Agent. Gregory R. Reed, Esquire
2423 N. Third Street
Harrisburg, PA 17110
Such addresses may be changed from time to time by any
party as to itself by serving notice as above
provided. Such notice shall be deemed given on the
date of personal service, or on the third (3=d)
business day after mailing by certified or registered
mail, as the case may be.
S. Except with respect to the indemnity provided in
paragraph 5, which indemnity shall survive the
expiration of this Agreement, this Agreement shall
expire upon the final disposition of the Escrow Funds
pursuant to the Workout Agreement or this Agreement.
9. The Escrow Agents shall not permit the release of
Escrowed Property, except as permitted under this
Escrow Agreement.
10. The duties and obligations of the Escrow Agents shall
only be such as are specifically set forth in this
Escrow Agreement, as it may be amended from time to
time, and no implied duties or obligations of Escrow
Agents shall be read into this Agreement. Without
limiting the generality of the foregoing, the Escrow
Agents shall have no duty to ascertain whether
Northeastern or Shankles have complied with their
respective obligations hereunder or under the Workout
Agreement.
11. This Agreement may be executed in counterparts, each
of which shall constitute an original Agreement, but
together shall constitute the same instrument.
12. This Escrow Agreement shall be governed by and
construed in accordance with the laws of the
Commonwealth of Pennsylvania, including its statutes
of limitation but without regard to its rules
concerning conflicts of law.
13. Any invalidity, in whole or in part, of any provision
of this Escrow Agreement shall not affect the validity
or enforceability of any other of its provisions.
14. This Escrow Agreement shall be binding on and shall
inure to the benefit of the parties hereto, their
successors, heirs and assigns.
15. The Escrow Agents may not assign their rights and
obligations under this Escrow Agreement without the
prior written consent of Northeastern and Shankles.
16. The recitals appearing before Paragraph 1 of this
Escrow Agreement constitute a material part of this
Escrow Agreement and are expressly incorporated herein
by reference.
IN WITNESS WHEREOF, intending to be legally bound hereby,
the parties hereto have executed this Escrow Agreement on and as
of the day and year first above written.
ATTEST:
WITNESS:
Mark Kerlin, President
of Northeastern Home
Improvements of
Harrisburg, Inc. ^
Shankle, Jr.
Patricia A. Shankle
WITNESS/ATTEST:
WITNESS/ATTEST:
THE ESCROW AGENT:
THE ESCROW AGENT:
FROM ' FLOWER FL
a' 8 L f NpSgy . ......................... .
FAX N0. : 2436510 ..................... .
...............
( 1 ( Jul. 21 2000 10:56Rhi P7
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125 North Enola Strrsel
rite
Enola, PA 17025 106
(717) 732-3600
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...............................F? .....,..................................................................................
FROM FL04ER FLOWER & LINDSgy
- • 2436510
Ju I . 21 2WO 10: 54AM p5
NORTHEASTERN .HOME IMPROVEMENT OF
HARRISBURG:
PROPOSAL FOR GERALD AND PATRICIA SHANKLE;
2ND STORY ADDITION
1 • REMOVE EXISTING ROOF FROM THE HOME AND DECK EXISTING RAFTERS
PLYWOOD.
WITH INCH
2 FRAME OUT SIDEWALLS WITH 2X4 CONSTRUCTION 16 INCHES ON
3. SET AND LEVEL NEW SIDEWALLS AND TIE INTO NEW FLOOR CENTER
4. INSTALL NEW ROOF FRAMING WITH 2X6 CONSTRUCTION AND % 5, INSTALL NEW FELT AND SHINGLES TO NEWLY CONSTRUCTED ROOF. H PLYWOOD.
6. CLOSE IN EXTERIOR WALLS WITH ?/, INCA TONGUE AND GROOVE POLYSTYRENE AND
INSTALL PLYWOOD IN ALL CORNERS AND OPENINGS FOR ADDED SUPPORT,
7. INSTALL SIDING TO ENCLOSE THE NEW 2ND FLOOR ADDITION, COLOR TO BE CHOSEN BY
CUSTOMER.
8. INSTALL NEW SOFFIT AND FASCIA IN COLOR OF CUSTOMERS CHOICE TO ALL
OVERHANGS,
9. INSTALL ELECTRIC RACEWAY THROUGHOUT THE ENTIRE 2ND POOR AND RUN NEW
HEATING DUCTS AND TIE IN WITH EXISTING FURNACE.
10. RUN ALL NEW PLUMBING TO THE NEW % BATH AND MASTER BATH.
11. INSTALL ALL TOILETS, VANITIES, SINKS, TUBS AND SHOWERS THROUGHOUT THE
BATHROOMS.
12. PLUMBING INCLUDES HOT AND COLD WATER, 4 INCH WASTELINE, VENT STACKS, AND
SHUTOFF VALVES.
13. 2U° STORY WILL CONSIST OF
BATH, 2ND BEDROOM, STAIRWTAYY, FAND HALLWAY TER BEDROOM WITH MASTER BATH, i5
14. INSTALL ALL NEW WOWS A TOTAL OF 9 WINDOWS ON 2ND FLOOR. INSTALL ALL
INTERIOR DOOR AND THEY WILL BE UNFINISHED OW'
EITHER A LIGHT OR DARK STAIN DOORS THAT WILL BE STAINED IN
15. INSTALL NEW % INCH DRYWALL„ SPACKLE, SAND AND PAINT INTERIOR IN COLOR OF
CUSTOMERS CHOICE SEMI GLOSS.
16. INSTALL NEW BASE TRIM AND WINDOW AND
DOOR 17. STAIN OR PAINT TRIM ACCORDING TO CUSTOMER TRIM (CLAMSHELL PINE STYLE),
18. INSTALL NEW FLOORING THROUGHOUT THE NEW ADDITION CUSTOMER TO CHOOSE
FROM COMPANY STOCKED MATERIALS.
19. INSTALL ALL OUTLET AND SWITCH COVERS IN EITHER ALMOND OR WHITE TO ALL
OUTLETS AND SWITCHES.
20. INSTALL OUTSIDE CENTRAL AIR CONDITIONING UNIT DUCTWORK IS ALREADY RUN,
2 L INSTALL A FRONT PORCH WITH A MARQUIS ROOF WITH SHINGLES TO MATCH. IT WILL
CONSIST OF PICKETS, TONGUE AND GROOVE FLOORING, FBVISHED PORCH CEILING IN
r WHITE VINYI, AND ALL OVERHANGS IN WHITE VINYL.
22, HAUL, AWAY ALL JOB RELATED DEBRIS FROM THE 108 SITE AND ISSUE WARR AMrma
UPON COMPLETION.
........................................................................................
FL01.)ER R-MER & LINDSAY FAX NO.
2436510
Jul- 21 2600 10:53FVI p3
NORTHEASTERN HOME
IMPROVEMENT OF HARRISBURG:
PROPOSAL FOR GERALD AND PATRICIA SHANKLE
ADDITION 14'X 16'.
i • EXCAVATE 10 X 24 AREA
2 STEMMING FROM THE KITCHEN AREA.
. DIG FOO TER TRENCHES 8-12 INCHES AROUND THE PERIMETER OF THE
OUTSIDE WALLS.
3 WE WILL SET EACH AND EVERY FORM INSIDE OF THE TRENCHES SO WE ARE
PREPARED TO POUR FOOTERS.
4. APPLY
TO CODE. APPROXIMATELY 4 INCIIES OF 2B
5• STONE SIZE INSIDE ALL FORMS, OR
SUSPEND ALL SUPPORT REINFORCEMENT BAR INSIDE FORMS THAT TIE IN
WITH EXISTING BLOCK OR STONE FOUNDATION.
6. WE WILL THEN POUR OUR FREEZE RESISTANT CONCRETE INTO ALL FORMS.
CONCRETE WILL BE 3500LB PER SQARE INCH FINISHED CONCRETE
FOUNDATION, AND WILL BE MIXED ON THE JOB SITE.
7. INSTALL THREE TO FOUR COURSES OF TEN INCH CONCRETE BLOCK.
8. STARTING AT THE CORNERS ALL BLOCK CORNERS WILL CONSIST OF
REINFORCEMENT BARS TIED INTO FOOTER EVERY FIVE FEET, ON A RUN.
9. BACK FILL THE REINFORCEMENT. BAR WITH CEMENT TO ENSURE A STRONG
AND STABLE FOUNDATION.
10. INSTALL A PRESSURE TREATED MUDSILL THAT WILL BOLT INTO THE
CONCRETE BLOCK.
11. AP CRgO MATE?M N TIM FN I7RE ADDITION AND DIG A FOOTER
12. ON TOP OF THIS FOOTER
SITE TO JOB SPECIFICATIONSL INSTALL A CONCRETE PIER FORMED ON
13. INSTALL ON TOP OF THE PIER A
GIRDER PRESSURE TREATED POST TO S UPPORT THE
14. INSTALL D WITH T A LAG GIRDER WIDTH WISE ON TOP OF THE POST AND SECURE AT EACH
Is. Wg .
WILL INSTALL A COMPLETE LEDGER BOARD INTO
EXISTING HOME THE RIM JOIST OF
16. INSTALL JOISTHANGERS MADE OF HEAVY GAUGE ALUMINUM OR
GALVANIZED STEEL.
17. INSTALL A 6 MI. THICK POLYURETHANE PLASTIC BARRIER AND A COATING
OF 28 STO 19 . INSTALL ANE T JOREVE OUND MOISTURE FROM RISING INTO ADDITION.
NAILED INTO MUDSILL WITH GALVANIZED 16D 16D NAILS NEW FOUNDATION
RIM 19, INSTALL FLOOR JOISTS 16 INCHES ON CENTER TO THE GIRDER THAT RUNS
DOWN THE CENTER OF THE FOUNDATION.
20. A BLOCKING IS FASTENED TO EACH AND EVERY FLOOR JOIST TO ENSURE THE
21. FLOOR IT O THE ADDITION.
HOME, WILL FASTEN TO THE RIM JOIST ON TIC OUT SIDS DT THE ?s?? ?seC??'rCt Y C 49 ?"'?V
jr
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,
................. .
.............
.
OWE R FLOl4:R 8 LIMDSgY ................. FAX .. .. NJ. .......243........65 .
FROM FL .......................................
10 ...
................
................
Jul. 21 200 10:54AM P4
22. WE WILL THEN INSTALL THE SUBFLOOR OF THE HOME.
23, INSTALL A 6 INCH FIBERGLASS INSULATION WITH
HEAT SOURCE TO PREVENT A MOISTURE BARRIER BETWEEN SOUR AND B THE PAPER FACING THE
24. THE SUBFLOOR WILL E ?/. INCH PL TEN THE
SPECIFICATIONS. FOOD NAILED TO BUILDING
25. INSTALL A STAGGERED SUBFL
FLOORS. OOR TO ELIMINATE UNSTABLE SQUEAKY
26. WALLS WILL BE ROUGH FRAMED O
DRIED LUMBER. N SITE WITH ALL HAND SELECTED
27. FRAMING CONSISTS OF SOLE PLATES DOUBLESTUD CORNER pOS KILN
INCHES OI NAC EENTER. MER STUDS, DOUBLE TOP PLATES STS, CRIPPLE
28. REMOVE EXISTING BRICK ,ALL STUDS 16
OUT WALL TO LINE UP N A
WHERE DDITION WALL
IES INTO HOME AND NOTCH
29. BUILD INTO EXISTING WALL A LINES UP.
AND CHALKING BLOCKS THREE STUD CORNER POST WITH
PLATE
30. STAND UP PRESET. WALLS AND ATTACH TO TIM TIIMEE CO TOP
31. INSTALL ONSIOHT 2X4 CONSTRUCTED SIDEWALLS OP
FLOOR ADDITION. ON TOPO CO
RNER POST.
32. INSTALL NEW 2 X 4 PLATES ON R
O OF TIM FIRST
33. INSTALL A NOTCHED AND INSTALLED F DECKING AND
ADDITION WITH A 1OOT OVE RIDGE BOARD X To THE 4 BLOCK. OF THE
RAFTERS LOCATED 16INCHES ON CEENTE UST FI HAND UT AND CRAFT ALL
RIDGEEOARD AND WALL PLATES. RAFTERS WILL NAIL INTO
34. ROOF ALSO INCLUDES CEILING JOISTS BUILT ON SITE NAILED INTO WALL
PLATES.
35. DECK ROOF WITH % INCH PLYWOOD FELT
COLOR CHOICE. AND SHEVGLE OF CUSTOMERS
36. INSTALL ALL SOFFIT, FASCIA, AND G
37. INSULATE ALL WALL CAVPPIES W1TH4"FIBERGLASS INS
38. INSTALL OUR ?T71:R TO THE NEW ADDITION, IN At-man p
39. SHEET THE EXTE OR WALLS RACEWAY THROUGHOUT THE ENTIRE ADDITION.
WINDOWS AND DOORS, THIS INCLUDES ES 8. WBOARDAND FRAME
INDOWS AND I DOORS ALL EXTERIOR
40. INSTALL 1/2-INCH POLYSTYRENE ?'R'OOWS AND .
41. INSTALL VINYL SIDING COLO INSULATION BOARD TO
42• INSTALL VINYL SIDING CO CUSTOMERS CHOICE TO NEW ADDITION. % INCH DRYWALL
ADDITION AND SPACKLE S THROUGHOUT THE ENTIRE INTERIOR OF THE NEW
43. ALL RECEPTACLES WILL BE B AND, AND PAINT ALL DRYWALL.
44• TRIM OUT ALL BUILT TO CODE.
PAINTED WINDOWS, DOORS, AND BASE MOLDINGS ErmeR STAINED OR
45. INSTALL PADDING AND CARPET THROUGHOUT THE ADDITION.
46. THIS ADDITION WILL BE BUILT TO FINAL FLOOR PLAN, TO CODE AND BE
READY FOR INSPECTION.
47. TIE IN WITH EXLSTINO HEAT AND RUN NEW BASEBOARD THROUGHOUT
ADDITION.
48. INSTALL ANEW KITCHEN CONSISTING OF CHADWOODCABINETS W
COUNTERTOP AND SINK. CUSTOMER WILL SUPPLY ANY APPLIANCES
(REFRIGERATOR, OVEN. MICROWAVE, WITH
DESIGN ON KITCHEN WITH CUSTOMEP, WE STILL HAVE TO FINALIZE
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$4NDS ALLOCs " FOR
MASTER BEDROOM
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CLOSETS LI
MASTER HATE $3,202.45
SECOND HATS $ 838.43
BATHROOM/BEDROOM/BALL CLOSET/LIGHTS $ 419.36
TOTAL $4,460.24
E MISIT 6
rA..
Aug-15-00 08:42A Psychiatric Assoc/Cent PA
P.O1
8/15/00
TO: Carol Undsay
Fax # .2 ?3 4 4Sly
From: Pat Shankle
The kitchen flooring information.
Armstrong - Item #24812
h J.
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The following are areas that need to be completed along with the workout agreement items.
Kitchen
The original kitchen ceiling above the cabinets is unacceptable and needs to be redone and painted
The space between the microwave and cabinets needs to be completed
The outlets near washer/dryer closet in the kitchen are not working
The kitchen plumbing under sink - holes need to be filled in per Camp Hill Borough Inspector
The kitchen stove is not level and the outlet needs to be relocated so that the stove will fit back
against wall
The kitchen cabinet doors - one needs to be replaced due to being damaged during installation or it
may have be received that way and the two doors were installed that were not the same
pattern
Some kitchen cabinets still need handles installed
The bi-fold doors on washer/dryer room need to be adjusted
The Refrigerator needs to be leveled
All of the counters need to be caulked
Some of the floor tiles in the kitchen are coming up
The kitchen floor is marked with glue and needs solvent to remove and the floor needs to be cleaned.
The kitchen needs cable/phone jacks installed
The French doors in the kitchen need another bolt in the door handle, and the keys need to be turned
over to us
The screen doors need to be installed, and new weather strip/seal and base needs to be installed
The outside siding needs to be leveled
The recessed light above the kitchen sink needs to be installed
The paint needs to be removed from all trim work
The kitchen needs a second coat of paint.
Livin Ro m
The baseboards need to be installed
The walls need to be patched, sanded and painted
The marks/gashes in the hardwood floors caused by the construction workers need to be repaired
Old Dining Room
The new wall between the old dining room and the kitchen is unacceptable. It is not straight or
level as well as the trim work around it
The floor entrance from the old dining room into new addition needs to be redone
Per the contract, the floor is to be level
The brass floor strip from the old dining
Basement
room into the new addition is sticking up.
The new ceiling wall going downstairs needs to be sanded and painted
Stairwa t stairs
Install new carpet due to stains/paint spots
Walls need to be integrated (from old wall into new), sanded and painted
0
UDstairs Hallway
New carpet, due to stains/paint spots, needs to be installed
The carpet near the steps needs to be finished as the carpet was pulled out whenever the railing was
installed
Master Bedroom
New carpet, due to stains/paint spots, needs to be installed
The screen needs to be reinstall
The fan/light switch for the second fanlight needs to be installed
The fan needs to be balanced
The drywall and paint around outlets needs to be touched up
The Master bedroom door is not closing tightly against doorstop and needs to be fixed
Master Bathroom
New fixtures in shower and jacuai need to be installed
The plumbing holes under sink need to be filled in per Camp Hill Borough Inspector
Stainless steel screws need to be installed in the shower and the drywall screws need to be removed
The shower door needs to be fixed so that it will shut per instructions of Camp Hill Borough Inspector
The I
g ue needs to be removed from the floor and the floor needs to be cleaned
The drywall and paint around outlets need to be touched up
The toilet tank lid needs to be replaced due to the comer being broken off
3oare Bedroom
The new piece of trim outside of the bedroom door needs to be replaced and then primed and
painted
The new carpet, due to stain/paint spots, needs to be installed
The cover with the screws to hide the pipes in the closet and heat/air conditioner unit n d
installed
ee s to be
The ceiling where the smoke detector is installed needs to be redone
The drywall and paint around the outlets need to be touched up
Jordan's Bedroom
The walls where the mud line is showing needs to be redone
The holes in the wall need to be fixed.
The bi-fold doors need to be fixed, and new hardware on the right door needs to be installed
The cover with screws to hide the pipes in the closet needs to be installed
The drywall and paint out the outlets need to be touched up
The fan needs to be balanced.
Jordan's Bathroom
The correct hardware in the shower needs to be installed
They need to be sure that the cold and hot are correct
The sink needs to be fastened to the vanity
The glue needs to be removed from the floor and the floor needs to be cleaned
The bathroom door needs to be fixed so the same will close properly
The carpeting is fraying at the bathroom entrance due to the problem with the door and needs to be
fixed
The cabinetry over the toilet needs to be installed
A new light fixture needs to be installed
The hardware on the vanity needs to be installed
All Rooms
The phone/cable lines (upstairs/downstairs) need to be connected so that they all work
Outside
The down spouting on the front porch needs to be installed
The new cap around all of the first floor windows, some need installed on top and front and back
windows need completely redone due to construction damage
The new screens on the first floor windows were damaged by construction and needs to be replaced
The screens that have cement stains need to be replaced
The front door needs to be fixed so that it shuts completely, and the front door screen and frame
need to be replaced due to being damaged by construction workers
The sides and front of the front porch need to be fastened to soffit
The front yard needs to be leveled and seeded
The backyard needs to be seeded
All of the dirt must be away from the house per Camp Hill Borough Inspector
The drain line for the down spouts so that water runs away from house needs to be installed
Need to install a trap door on addition for outside access
The gutters near the back door need to be fixed as the water runs straight down in the comer
The spouting in the back left corner near the door needs to be nailed down
The front siding near the Master Bedroom window needs to be nailed down
The siding on the front porch near "J" needs to be nailed down
Front porch: switch board around near swing; the loose board needs to be nailed down; the pose and
bowed board needs to be replaced
The back porch light needs to be removed and installed properly per discussion with Mark Kerlin
The electrical outlet needs to be installed on the back of the house
The dumpster needs to be removed and Lenox Street needs to be cleaned of debris and mud from
the dirt pile
The house needs to be washed down, including the brickwork, siding and front porch
Three feet of the shingles need to be removed, as well as a watershield installed and new shingles
installed along with gutters, pipe collars and drip-edge extensions.
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PATRICIA A. SHANKLE and
GERALD C. SHANKLE, JR.,
Plaintiffs
vs.
NORTHEASTERN HOME
IMPROVEMENTS OF
HARRISBURG, INC.,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
01-2430 CIVIL
IN RE: PRETRIAL CONFERENCE
Present at a pretrial conference held this date were Joseph L. Hitchings. Esquire, attorney
for the plaintiffs, and Richard Rupp. Esquire, attorney for the defendant.
Counsel have agreed to set a discovery deadline for the end of October and to proceed to
a nonjury trial on December 11 s'. An order has been entered of even date herewith reflecting this
understanding.
August 21, 2002
Joseph L. Hitchings, Esquire
For the Plaintiffs
Richard Rupp, Esquire
For the Defendant
Court Administrator
KeA . Hess, J.
Arn
hC:1i?y ?loily?o
Pit-
PATRICIA A. SHANKLE and IN THE COURT OF COMMON PLEAS OF
GERALD C. SHANKLE, JR., CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
CIVIL ACTION - LAW
Vs. NO. 2001 - of ?t3o CIVIL TERM
NORTHEASTERN HOME
IMPROVEMENTS OF HARRISBURG,
INC., : IN ASSUMPSIT
Defendant : JURY TRIAL DEMANDED
PRAECIPE
TO THE PROTHONOTARY:
Please reinstate the Complaint in the captioned case.
SAIDIS, SHUFF, FLOWER & LINDSAY, P.C.
Attorneys for Plaintiff
By:
I J. indsay, ire
1 44693
26 West High Street
Carlisle, PA 17013
(717) 243-6222
SAIDIS
SHUFF, FLOWER
& LINDSAY
Artnturers.Anuw
26 W. High Street
Carlisle, PA
1? )
SHERIFF'S RETURN - REGULAR
CASE NO: 2001-02430 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SHANKLE PATRICIA A ET AL
VS
NORTHEASTERN HOME IMPROVEMENTS
RICHARD SMITH Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
NORTHEASTERN HOME IMPROVEMENTS OF HARRISBURG INC the
DEFENDANT , at 1310:00 HOURS, on the 30th day of May 2001
at 125 ENOLA DRIVE SUITE 106
ENOLA, PA 17025 by handing to
CINDY BLOOD, CORP COORDINATOR
a true and attested copy of COMPLAINT & NOTICE together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 9.30
Affidavit .00
Surcharge 10.00
.00
37.30
Sworn and Subscribed to before
menthis 214L day of
` - :l&V/ A.D.
C ?. -
TP othonotary
So Answers:
R. Thomas Kline
05/31/2001
SAIDIS SHUFF LO R? LINDSEY
By: e ??h/
PATRICIA A. SHANKLE and : IN THE COURT OF COMMON PLEAS OF
GERALD C. SHANKLE, JR., : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
: CIVIL ACTION - LAW
Vs. : NO. 2001 - 2430 CIVIL TERM
NORTHEASTERN HOME
IMPROVEMENTS OF HARRISBURG,
INC., : IN ASSUMPSIT
Defendant : JURY TRIAL DEMANDED
IMPORTANT NOTICE ?' -
TO: Northeastern Home Improvements of Harrisburg, Inc.
c% Richard C. Rupp, Esquire
RUPP AND MEIKLE -
355 North 21" Street, Suite 205
Camp Hill, PA 17011
SAIDIS
SNUFF, FLOWER
& LINDSAY
ATrMMAW
26 W. High Street
Carlisle, PA
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE
ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10)
DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED
AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR
OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER
AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO
OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET
LEGAL HELP:
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
SAIDIS, SHUFF, FLOWER & LINDSAY, P.C.
Attomeys for Plaintiff
26 West High Street
Carlisle, PA 17013
(717) 243-6222
PATRICIA A. SHANKLE and
GERALD C. SHANKLE, JR.,
Plaintiffs
VS.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 2001 - 2430 CIVIL TERM
NORTHEASTERN HOME
IMPROVEMENTS OF HARRISBURG,
INC., : IN ASSUMPSIT
Defendant : JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I, Carol J. Lindsay, do hereby certify that in accordance with Pa.R.C.P.
SAIDIS
SHUFF, FLOWER
& LINDSAY
ATFURNE S.ANAW
26 W. High SUM
Carlisle. PA
Section 237.1, 1 have this date mailed to the Defendant in the above captioned action,
Notice that unless they take action within ten (10) days, a default judgment will be
entered against them.
SAIDIS, SHUFF, FLOWER 8 LINDSAY, P.C.
Attorneys for Plaintiff
?_;
c:_ ._
?:
..,?,._
r'
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•'?
J
Rupp & Meikle
BY. Richard C. Rupp, Esquire
Attorney I.D. No. 34832
355 N. 21" St., Suite 205
Camp Hill, PA 17011
Telephone: (717) 761-3459
Attorney for Defendant
PATRICIA A. SHANKLE and : IN THE COURT OF COMMON PLEAS OF
GERALD C. SHANKLE, JR., : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
VS.
: CIVIL ACTION - LAW
: NO. 2001-2430 CIVIL TERM
NORTHEASTERN HOME
IMPROVEMENTS OF HARRISBURG,
INC.
Defendant
IN ASSUMPSIT
JURY TRIAL DEMANDED
NOTICE TO PLEAD
TO: PATRICIA A. SHANKLE AND GERALD C. SHANKLE, JR., PLAINTIFFS
c/o CAROL LINDSAY, ESQUIRE
SAIDIS SHUFF FLOWER & LINDSAY
26 WEST HIGH STREET
CARLISLE, PA 17033
You are hereby notified to file a written response to the enclosed Answer and new
Matter and Counterclaim of Defendant within twenty (20) days from service hereof or
a default judgment may be entered against you.
(
Dated: July 16, 2001
Attorney for Defendant
PATRICIA A. SHANKLE and
GERALD C. SHANKLE, JR.,
Plaintiffs
Vs.
NORTHEASTERN HOME
IMPROVEMENTS OF HARRISBURG,
INC.
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2001-2430 CIVIL TERM
: IN ASSUMPSIT
: JURY TRIAL DEMANDED
ANSWER. NEW MATTER AND COUNTERCLAIM
AND NOW comes Northeastern Home Improvements of Harrisburg, Inc., by
and through their attorneys, Rupp and Meikle and Richard C. Rupp, and avers as
follows:
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Denied. It is denied that Plaintiffs advised Defendant's agent that the
primary purpose of the addition was to accomodate the Plaintiff Patricia
Shankle's elderly parents who were moving into Plaintiffs' residence
1
and in particular to accomodate Patricia Shankle's father who uses a
wheelchair. To the contrary, it is believed that the addition was
primarily to accomodate the Plaintiffs as the parents were intended to
occupy the previously existing portion of the Plaintiffs' residence.
6. Denied. It is denied that on May 6, 1999 the Defendant's agents Mark
Kerlin and Jamie Walsh advised Plaintiffs that the additions contracted
for would be completed by Labor Day, 1999. To the contrary, the
original contract dated May 24, 1999 does not specify any completion
date. Further, the Defendant's agents may have attempted to give an
approximate or ballpark date of completion, but it assumed no
problems or delays.
7. No answer is required as the contract speaks for itself. To the extent
the averments in Paragraph 7 of Plaintiffs' Complaint require an
answer, it is denied that further delays continued and by April 2000
after numerous warnings Plaintiffs advised Defendant that they
considered Defendant to have breached the contract. To the contrary,
the Plaintiffs could not, initially, obtain a building permit for this project.
The Plaintiffs, therefore, had to seek a variance from the Camp Hill
Zoning Hearing Board. After the Zoning Hearing Board granted the
Zoning relief to the Plaintiffs, the Plaintiffs could obtain their necessary
2
building permit. The Defendants assisted the Plaintiffs in obtaining this
necessary zoning relief to allow the Plaintiffs' project to proceed. Other
delays were attributable to winter weather and to the Plaintiffs who did
not want Defendant's workers on the site at various times including the
holiday period. It is Admitted that Plaintiffs advised Defendant they
(Plaintiffs) considered Defendant to have breached the contract.
8. Admitted.
9. Admitted.
10. No answer is required as the Agreement speaks for itself.
11. No answer is required as the Agreement speaks for itself.
12. Admitted.
13. Denied. It is denied that Defendant has not fulfilled the provisions of
the workout agreement and may particulars set out on Exhibit "B"
attached hereto and incorporated herein. To the contrary, Defendant
has fulfilled the provisions of the workout agreement. Defendant has
fulfilled all of the provisions of the workout agreement. Defendant
3
conducted a final inspection with the homeowner and the Camp Hill
Borough Codes Inspector at which time all unfinished items were
finished in order for the Plaintiffs to obtain an occupancy permit from
the Camp Hill Borough. Further, Defendant offered to come back but it
was Plaintiffs who prevented Defendants from returning to finish any
minor items. It is denied that there are any uncompleted items to be
completed by Defendant except for some touch up items which
Defendant offered to complete but was prevented from doing so by
Plaintiffs. It is denied that in particular Defendant has failed or refused
to comply with Paragraph 94 which calls for the new addition to be
level and match with the existing home so that a person can enter and
exit the addition from the original house in a wheelchair without
assistance. To the contrary, the Defendant worked meticulously to tie
the addition on the first level into the existing home despite a seriously
askew floor in the existing dwelling. A person in a wheelchair can enter
the addition from the existing dwelling.
14. Denied. It is denied that Defendants performed the contract in a poor
improper unworkmanlike manner as set forth in Exhibit "C". To the
contrary, the Defendant completed the contract and the workout
agreement in a proper, good and workmanlike manner and conducted
a final inspection of the house with the homeowner and the Camp Hill
4
Borough Codes Officer with no further items to complete at that time
except for possibly some touch up items which Defendant offered to
complete but was prevented from doing so by Plaintiffs.
15. Denied. It is denied that despite reasonable extensions of time by the
Plaintiff, the Defendant has failed or refused to cure the aforesaid
breaches of the workout agreement. To the contrary, the Defendant is
unaware of any extensions of time to cure the alleged breaches of the
workout agreement. The Plaintiffs did not want the Defendant's
workers on the job for any possible touch ups that might have been
needed. Further the Defendant did want some items which were not
contracted for as if they were to be provided under the contract. Further,
the Defendant is unaware of any breaches by Defendant of the workout
agreement.
16. Denied. It is denied that the reasonable costs actually incurred are or
to be incurred by Plaintiffs in remedying the alleged breaches described
are in excess of $25,000, the statutory limit for arbitration including
attorneys fees to reasonably enforce the terms of the workout
agreement, Penalties for delay, the cost to complete the project and
the cost to remedy poor, improper unworkmanlike construction. To the
contrary, the Defendants have not breached its workout agreement.
5
The Defendant conducted a final inspection with the homeowner and
the Camp Hill Borough Codes Inspector where all final issues were
raised and corrected in order for the Borough to issue the occupancy
permit to the Plaintiffs. Furthermore, in the alternative, it was the
Plaintiffs who breached the workout agreement by preventing
Defendants from complying with the terms of the workout agreement.
As such, Defendant is not be responsible for any further costs, any
penalties, any delay, costs, any attorneys' fees or any payment for any
alleged remedies.
WHEREFORE, Defendants pray this Honorable Court to enter judgment against
Plaintiffs in favor of Defendant by dismissing said Complaint with prejudice.
NEW MATTER
Northeastern Home Improvements of Harrisburg Inc v Patricia A Shankle and
Gerald C. Shankle. Jr.
AND NOW comes Northeastern Home Improvements of Harrisburg, Inc.,
through its attorneys who avers the following New Matter:
6
COUNT I - BREACH OF CONTRACT
17. The Defendants averments in its foregoing paragraphs in its Answer ,
paragraphs 1 - 16, to Plaintiffs' Complaint are incorporated herein by
reference as if set forth in full.
18. The keys were lost to the French Doors. Although Defendant believes
the keys were delivered to Plaintiff, the Defendant caused a locksmith to
come out to the Plaintiffs' home three times to try to re-key the lock but
the Plaintiffs prevented the locksmith from performing this work,
19. The Plaintiffs prevented the Defendant from performing its work under
the workout agreement by preventing the Defendant's workmen from
being able to work in the mornings when they arrived to work.
20. After executing the workout agreement the Plaintiffs changed the terms
of the cabinets and appliances to be installed because Plaintiffs' original
selection exceeded their contract allowance. The Plaintiffs' change in
cabinets and appliances caused downtime to Defendants, thereby
further delaying Defendant in performance of the workout agreement.
7
21. Plaintiffs would not allow Defendant's workmen in to work on certain
days.
22. There was a final inspection with the Plaintiffs and the Camp Hill Code
Inspector where many issues or questions were raised.
23. Defendant completed any issues raised by Plaintiffs or the Camp Hill
Borough Codes Inspector required to cause the occupancy permit to be
issued.
24. There were no final issues remaining after this meeting with the Camp
Hill Borough Codes Inspector except for possibly some touch ups.
25. Defendant is entitled to payment of the final escrow sum of $ 10,000 by
reason of Defendant's completion of its work under both the original
contract and the workout agreement.
26. Despite the completion of its work under the original contract and the
workout agreement, the Plaintiffs have not authorized the final release
from the escrow agreement of the final $ 10,000 payment to
Defendant.
8
27. For the aforesaid reasons, the Plaintiffs have breached the workout
agreement with Defendant.
28. For the aforesaid reasons, the Defendant is entitled to reasonable
attorneys fees from Plaintiffs.
29. By reason of Plaintiffs' breach of the said workout agreement dated
August 18, 2000 Defendant is not responsible for any remedying costs,
attorneys' fees, delay costs or penalties or any other damages.
WHEREFORE, Defendants pray this Honorable Court to enter judgment
against Plaintiffs for the sum of $ 10,000.00 in favor of Defendant, ordering the
disbursement of said sum from the escrow fund in this matter plus attorneys fees
and by dismissing Plaintiff's Complaint with prejudice.
COUNT II -ESTOPPEL
30. The Defendants averments in its foregoing paragraphs 1 - 29 in its
Answer and New Matter to Plaintiffs' Complaint are incorporated herein
by reference as if set forth in full.
9
31. For the aforesaid reasons, the Plaintiffs are estopped from claiming
damages, attorneys fees, delay damages, penalties or any other form
of damages from Defendant.
WHEREFORE, Defendants pray this Honorable Court to enter
judgment against Plaintiffs for the sum of $ 10,000.00 in favor of Defendant,
ordering the disbursement of said sum from the escrow fund in this matter plus
attorneys fees and by dismissing Plaintiff's Complaint with prejudice.
COUNTERCLAIM - BREACH OF CONTRACT
Northeastern Home Imorovements of Harrisburg Inc III. Patricia A Shankle
and Gerald C. Shankle Jr.
32. The Defendants averments in its foregoing paragraphs in its Answer to
Plaintiffs' Complaint and New Matter, paragraphs 1 - 31, are
incorporated herein by reference as if set forth in full.
33. For the aforesaid reasons, Plaintiffs breached the workout agreement
with Defendant.
10
34. By reason of Plaintiff's breach of the said workout agreement dated
August 18, 2000, Defendants are not responsible for any remedying
costs, attorneys' fees, delay costs or penalties or any other damages.
35. Plaintiffs incurred additional charges by items not covered by the
original contract or by items which exceeded their allowances in the
total sum of $ 2,717.46 which have not been paid by Plaintiffs to
Defendant. A copy of Defendant's invoice to Plaintiffs is incorporated
herein as Exhibit " A " and made a part hereof as if set forth in full.
36. By reason of Plaintiffs' failure or refusal to make payment of the
aforesaid charges, Defendant has suffered damages in the sum of $2,717.46.
37. Defendant is entitled to payment of the final escrow sum of $ 10,000 by
reason of Defendant's completion of its work under both the original
contract and the workout agreement and the escrow agreement.
38. Despite the completion of its work under the original contract and the
workout agreement, the Plaintiffs have not authorized the final release
11
from the escrow agreement of the final $ 10,000 payment to
Defendant.
39. For the aforesaid reasons, the Plaintiffs have breached the workout
agreement with Defendant.
40. For the aforesaid reasons, the Defendant has suffered damages in the
sum of $ 10,000.00.
41. For the aforesaid reasons, the Defendant is entitled to reasonable
attorneys fees from Plaintiffs in accordance with the workout
agreement.
WHEREFORE, Defendants pray this Honorable Court to enter judgment
against Plaintiffs for the sum of $ 12,717.46 in favor of Defendant, ordering the
disbursement of said sum from the escrow fund in this matter plus attorneys fees
and by dismissing Plaintiff's Complaint with prejudice.
12
Richard C. Rupp
Attorney for Defendant
Attorney I.D. #34832
355 North 21 st Street, Suite 205
Camp Hill, PA 17011
(717) 761-3459
13
RUPP AND MEIKLE
VERIFICATION
I, Mark Kerlin, verify that the facts set forth in the foregoing Pleading are true
and correct to the best of my knowledge, information and belief.
I am authorized to make this Verification as President of the Defendant on
behalf of the Defendant.
The undersigned understands that false statements herein are made subject to
the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities.
Date: I G v
Mark Kerlin, President
Northeastern Home Improvements of
Harrisburg, Inc.
"HEA WMIIOMf/MPROYEMEN750FMW45NYRG, /NC.
125 NORTH ENOLA DRIVE, SUITE 106
ENOL1, PA 17025
PHONE: (717) 732-3600 FAX: (717) 732-3627
September 12, 2000
Patricia & Gerald Shankle
1915 Lenox Street
Camp Hil , PA 17011
The amount due for the colon a' spindles, rails and posts for the front deck
is as fo lows: $1,286.00
Thank you,
Northeastern Home Improvements
C XK(V3 LT A
NORTHEASTENNHOME/MPRO*NENISOFMRR/SBUAG; INC
125 NORTH ENOLA DFUE, 5UITE 106
ENOLA,PA 17025
PHONE: (717) 732-3600 FAX: (717) 732-3627
September 27, 2000
Patricia & Gerald Shankle
1915 Lenox Street
Camp Hill, PA 17011
As per the workout agreement, total funds allocated for the Master Bath, 2ndary Bath ar d
Bathroom/Bedroom/Hall closet lights were: $4,460,24.
Total of hems selected and installed equals: $5,891,70.
Balance due Northeastern Home Improvements is: $1,431.46.
'Z
I, Richard C. Rupp, Esquire, do hereby certify that I am serving a true and correct copy
of the foregoing Answer, New Matter and Counterclaim upon the person(s) named below by
placing the same in the United States Mail, First Class, Postage Prepaid on the date stated below.
Carol Lindsay, Esquire
Saidis, Shuff, Flower & Lindsay
26 West High Street
Carlisle, Pa/ 17033-?
ichard C. Opp, Esquirof
Attorney I.D.# 34832
355 North 21st Street, Suite 303
Camp Hill, Pennsylvania 17011
(717) 761-3459
Dated: l l I b( D(
APR 19 2004
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Patricia A. Shankle and Gerald C. Shankle, Jr. (Case No.: No. 2001-2430
Plaintiffs Iln Assumpsit- Jury Trial Demanded
vs.
Northeastern Home Improvements of
Harrisburg, Inc.
Defendant
Action - Law
ORDER
AND NOW, this j2f,3j'_ day of 2004, upon consideration of the
attached Petition, a hearing on said Petition is hereby scheduled for the o? r/ day of
at / I 4 in Courtroom #
of the Cumberland County Courthouse,
Carlisle, Pennsylvania.
By the Court:
d e--.
%`.. ? ? .. ? ,1
;?. --?.ii ??_
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Patricia A. Shankle and Gerald C. Shankle, Jr. se No.: No. 2001-2430
Plaintiffs In Assumpsit- Jury Trial Demanded
vs.
Northeastern Home Improvements of Ivll Action - Law
Harrisburg, Inc.
Defendant
PETITION TO ENFORCE SETTLEMENT AGREEMENT
AND NOW, this 4m.Lsr day of ??? 2004 comes the Plaintiffs, Patricia A.
Shankle and Gerald C. Shankle, Jr., and petitions this Honorable Court to enforce the
Settlement Agreement between the parties and avers in support thereof as follows:
1 • This action arises out of a construction project that was undertaken by the
Defendant, Northeastern Home Improvements of Harrisburg, Inc. on behalf of the
Plaintiffs at their residence located at 1915 Lennox Street, Camp Hill, Pennsylvania
17011.
2. This case proceeded through litigation and was scheduled for trial before the
Honorable Kevin Hess on December 11, 2002.
3. On December 10, 2002, the parties reached a Settlement Agreement where, in
exchange for Plaintiffs Release of all claims, Defendant would pay to Plaintiff the
sum of thirteen thousand five hundred dollars ($13,500). Four thousand five hundred
dollars ($4,500) of which was to be paid directly by the Defendant, with the balance
coming from an escrow account that was being held by Attorneys Carol Lindsey and
Gregory Reed per an Escrow Agreement dated August 18, 2001.
4. After agreeing to the terms of the Settlement Agreement, counsel for the parties
notified the Court of the settlement and requested that the trial be cancelled.
5. Defendant's counsel, Richard C. Rupp, Esquire, drafted a Stipulation memorializing
the terms of the Settlement Agreement between the parties and forwarded the same
to counsel for the undersigned via facsimile dated January 22, 2003. A true and
correct copy of the transmittal letter from Attorney Rupp along with the Stipulation is
attached hereto, incorporated herein by reference and marked as Exhibit "A.'
6. Immediately upon receipt of the Stipulation, the Plaintiffs executed the same and
returned a signed original to Defendant's counsel, Richard C. Rupp, Esquire.
7. Defendant's counsel, Richard C. Rupp, Esquire, has advised that his client will not
execute the Stipulation nor will he make the payment to the Plaintiffs as agreed
upon.
8. The escrowed funds cannot be release to Plaintiffs without a signed Agreement by
the Defendant or a Court Order.
WHEREFORE, Plaintiffs, Patricia A. Shankle and Gerald C.
Shankle, Jr., hereby respectfully request that this Honorable Court enter an Order directing the
Defendant to comply with the terms and conditions of the Settlement Agreement as
memorialized in the Stipulation, and further that the Stipulation be entered as an Order of Court.
Respectfully Submitted,
THE LAW OFFICE OF
/ 4SEPH L. HITCHINr;c
glttomey for Plaintiffs v3_-
-Supreme Court ID# 65551
4708 Jonestown Road
Suite 242
Harrisburg, Pennsylvania 17112
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Patricia A. Shankle and Gerald C. Shankle, Jr. (Case No.: No. 2001-2430
Plaintiffs Iln Assumpsit- Jury Trial Demanded
vs.
Northeastern Home Improvements of
Harrisburg, Inc.
Defendant
Action - Law
CERTIFICATE OF SERVICE
I, Joseph L. Hitchings of The Law Office of Joseph L. Hitchings, Attorney for the
Plaintiff, Patricia A. Shankle and Gerald C. Shankle, Jr., do hereby certify that I served a
true and correct copy of the attached Petition to Enforce Settlement Agreement by
United States Mail, First Class, postage prepaid upon the counsel listed below:
Attorney Richard C. Rupp
Rupp and Meikle
355 N. 21" Street
Camp Hill, PA 17011
Respectfully Submitted,
THE LAW OFFICE OF
J EPH L. HITG I IGS
seph L. Hit rags, Es 're
ttomey for Plaintiffs
Supreme Court ID# 65551
4P07Jonestown Road
Suite 242
Harrisburg, Pennsylvania 17112
FROM :- Rupp 8 Melkle
FAX No. : 730 0214 Jan. 22 2003 12:47PM P2
HERBERT G Burr. JR.
RICHARD C. RVPr
ANN MERKLE R11DK5RON (1854.54)
LAW OFFICES
RUPP AND MEIKLE
A PROFESSIONAL(MRPORATION
$65 NORTH 21ST STREET. SUITE to
CAMP HILL, PA 17011
(7ll) 751.8868
EMAIL: ROPPLAWIWAOL.CON
January 22, 2003
Joseph L. Hitchings, Esquire
203 West Caracas Avenue
Suite 201
Hershey, PA 17033
MARINO ADDRESS
P.0 Sox 855
CAMP HIL4 PA 17p51-0m
TELErwx: (917) 790.5714
Re: ankle v Nertheasfern FIe.56e
No. 2001-2430 I Ima a rents
Settlement
Dear Joe:
Please find enclosed a proposed Stipulation in draft form.
Please review it. If It Is acceptable, please let
have Mr. Kerlin execute the Stipulation and forward info you four execution by
the Shankles. Upon execution by the Shankles, obviously Attorneys Lindsay
and Reed would be allowed to release the full escrow funds to you as
attorney for Plaintiffs.
1 look forward to hearing from you. Thank you for your cooperation in
this matter.
Best regards.
ItClt/lin
Enclosure
CC: Carol Lindsay, Esquire
Gregory Reed, Esquire
FROM : RuPP 8 Meikle FAX NO. : 736 0214
Jan. 22 2003 12:47PM P3
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
PATRICIA A. SHANKLE AND GERALD C. ; CASE NO. 2001-2430
SHANKLE, JR.
Plaintiffs : JURY TRIAL DEMANDED
vs.
NORTHEASTERN HOME IMPROVEMENTS ;CIVIL ACTION -LAW
OF HARRISBURG, INC.
Defendant
finelaw-Im
WHEREAS, the Plaintiffs are adult individuals who reside a I IAST l y
St., Camp Hill, PA. Lenox
WHEREAS, the Defendant Is Northeastern Home Improvements of
Harrisburg, Inc., a Pennsylvania corporation doing construction and
remodeling work.
WHEREAS, the parties are litigants In a lawsuit Involving certain
construction and remodeling work by the Defendant at the Plaintiffs,
residence. (No. 2001-2430, Court of Common Pleas of Cumberland County,
PA)
WHEREAS, the lawsuit pertains to the application and interpretation of
a certain "Workout Agreement" and "Escrow Agreement', both dated
August 18, 2001, Involving the above-referenced construction and
remodeling work by the Defendant at the Plaintiffs residence.
WHEREAS, the parties have now reached an agreement to settle and
discontinue above referenced litigation and settle and resolve fully and
generally all claims either party may have against the other.
FROM : Rupp 8 Meikle
FAX N0. : 730 0214
Jan. 22 2003 12:48PM P4
AND NOW, this day of
intending to be legally bound hereby, have agreed and stipulated as parties
follows;
1 • The parties agree that all dollars in the said escrow account shall
belong to the Plaintiffs.
2. In order to pay the escrow dollars to Plaintiffs, the potties and
their respective counsel shall C99pera10 fully to cause the
remaining balance held in the escrow account of Afty. Carol
Lindsay and Atty. Gregory Reed, Per the Escrow Agreement
dated August 18, 2001 shall be immediately released and paid
to Atty. Joseph Hifchings as attorney for the plaintiffs"'.
3• In addition to the payment of the escrow dollars to plaintiffs,
Defendant shall Pay the sum of $4,500 on or before February 15,
2003, to the Plaintiffs. . -
4• The Shankles, individually and jointly, on behalf of themselves,
their heirs, executors, administrators ani$ assigns, hereby fully
releases and discharges Northeastern Hott}e,lmprovemenfs of
Harrisburg, Inc., its officers, directors, shayeholders, employees,
agents, attorneys, assigns and successors, from any all rights,
claims, actions, litigation, liabilities, damages or losses which the
Shankles jointly or individually now have or may hereafter have
against Northeastern Home Improvements of Harrisburg, Inc.,
whether known or unknown, whetter arising out of the original
contract or contracts for construction and remodeling services,
and/or the Workout Agreement and/or the Escrow Agreement
and/or the construction performed of the Shankles• residence,
and/or any other representation, agreement or warranty, and/or
FROM : pupP 8 Meikle
FAX N0. : 730 0214
Jan. 22 2003 12:48PM P5
the litigation brought by the Shankles to No. 2001-2430 in the
Court of Common Pleas of Cumberland County, Pennsylvania.
5. Northeastern Home Improvements of Harrisburg, Inc., its
officers, directors, shareholders, employees, agents, attorneys,
assigns and successors, hereby fully releases and discharges the
Shankles, their heirs, executors, administrators and assigns,
from any all rights, claims, actions, litigation, liabilities, damages
or losses which the Defendant now has or may hereafter have
against Plaintiffs or either of them, whether known or unknown,
Whether arising out of the original contract or contracts for
construction for construction and remodeling services, and/or the
Workout Agreement and/or the Escrow Agreement and/or the
construction performed at the Shankles• residence, and/or any
other representation, agreement or warranty, and/or the
litigation brought by the Shankles to No. 2001_2430 in the Court
of Common Pleas of Cumberland County, Pennsylvania.
6. Plaintiffs shall cause their legal counsel to mark this matter
satisfied, settled and discontinued within 30 days of the date of
this Agreement.
3
FROM : Rupp 8 Meikle
FAX N0. : 730 0214
Ian. 22 2003 12:49PM p6
AND NOW, on the date above recited, the parties having read the
foregoing Agreement of Stipulation, have set their hands and seals below.
WITNESSES:
NORTHEASTERN HOME IMPROVEMENT
OF HARRISBURG, INC., Defendant
Bra
MARK T. KERLIN, PRESIDENT
PATRICIA A. SHANKLE, Plaintiff
GERALD C. SHANKLE, JR., plaintiff
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PATRICIA A. SHANKLE and
GERALD C. SHANKLE, JR.,
Plaintiffs
VS.
NORTHEASTERN HOME
IMPROVEMENTS OF HARRISBURG,
INC.,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 2001 - 2430 CIVIL TERM
: IN ASSUMPSIT
: JURY TRIAL DEMANDED
REPLY TO NEW MATTER
AND ANSWER TO OUNTER CLAIM
NOW comes Patricia A. Shankle and Gerald C. Shankle, Jr., by and through their
counsel. SAIDIS, SHUFF, FLOWER & LINDSAY, and replies to the New Matter and
answers the Counter-claim of the Defendant as follows:
17. No answer required.
18. Admitted that the keys to the French doors were lost. By way of further
answer, Defendant's agents lost the keys. Admitted that Defendant caused the
locksmith to come to Plaintiffs' home. Denied the locksmith came three times. By way
of further answer, the locksmith came on one occasion and re-keyed the lock with
Plaintiffs' cooperation.
19. Denied. By way of further answer, during the period following Workout
SAIDIS
SHUFF, FLOWER
& LINDSAY
ATTOWRI&A11 AW
26 W. High Sired
Carlisle, PA
Agreement, Defendant's employees arrived at Plaintiffs' home to work as early as 6:30
or 6:45 a.m. and stayed as late as 8:00 or 9:00 p.m. without Plaintiffs' objection with
the exception of one morning, in late October 2000, when they arrived at 6:00 a.m.
and were asked to wait until the family had dressed. When Plaintiffs went to advise
the workmen that they could enter the house to begin work, they found that the
workmen had left the site and returned two hours later explaining that they had gone
to get breakfast.
20. Admitted in part and denied in part. Denied that Plaintiffs changed the
terms of the appliances to be installed. By way of further answer, all appliances had
been purchased previous to the Workout Agreement by Plaintiffs and had been on
hold with the local vender pending the time for installation. Admitted that Plaintiffs
changed some of the specifications for cabinets because the original choices did
exceed allotted amounts. By way of further answer, the final cabinet choices were
provided to Defendant within 24 hours of notice by Defendant that the original choices
exceeding the allowance. By way of further answer, all of the substitute cabinetry was
in stock. By way of still further answer, Defendants never ordered the original
cabinetry specified. Therefore, there was no further delay to the Defendant in the
performance of the Workout Agreement occasioned by Plaintiffs' choice of cabinetry.
21. Denied. By way of further answer, Plaintiffs permitted Defendants'
SAIDIS
SNUFF, FLOWER
& LINDSAY
ATMt8V -ATKAW
26 W. N16h Street
Carlide. PA
workmen to work on all days specified in the Workout Agreement, and even Saturdays
and Sundays which were not required by the Workout Agreement. By the way of still
further answer, on the weekend before the Borough inspection, Defendants requested
the opportunity of working on Saturday, which opportunity was provided them by
Plaintiffs, but Defendant's workers never appeared. On other weekends Plaintiffs
permitted Defendant's agents to work, although not required to by the work out
agreement.
22. Admitted. By way of further answer, Defendant's work did not pass
inspection initially, and the issues or questions raised were raised by the building
inspector.
23. Admitted in part. The requirements of the Building Code Officer were
met. However, the job was not complete, as the parties agreed at the time of the last
visit of the Code Officer.
24. Denied. Defendant's agents, Paul Caldwell and Mark Kerlin, met with
Plaintiffs and provided a "punch list" subsequent to the issuance of the occupancy
permit outlining those items which remained to be completed.
25. Denied that Defendant is entitled to payment of the final escrow sum of
$10,000.00. Byway of further answer, the escrowed sum is $9,000.00. By way of still
further answer, Defendants did not complete its work nor have Defendants paid the
delay damages set out in the Workout Agreement.
26. Admitted that the Plaintiffs have not authorized a release from the
escrow account of any monies.
27. The averment in Paragraph 27 is a conclusion of law to which no
SAIDIS
SHUFF, FLOWER
& LINDSAY
ATHMHWyAKAW
26 W. High Street
Gribie, PA
answer is required. If an answer is required, Plaintiffs deny that they have breached
the Workout Agreement with Defendant.
28. The averment in Paragraph 28 is a conclusion of law to which no
answer is required. If an answer is required, Plaintiffs deny that attomey's' fees are
owed to Defendant.
29. The averment in Paragraph 29 is a conclusion of law to which no
answer is required. If an answer is required, Defendant is responsible for remedying
costs, attomeys' fees, delay costs, penalties and any other damages.
WHEREFORE, Plaintiffs pray this Honorable Court to enter judgment for
Plaintiffs and against Defendant.
30. No answer required.
31. The averments in Paragraph 31 are conclusions of law to which no
answer is required. If an answer is required, Plaintiffs are not estopped from claiming
damages, attorneys' fees, delay damages, penalties, or any other form of damage
from Defendant.
WHEREFORE, Plaintiffs pray this Honorable Court to enter judgment for
Plaintiffs and against Defendant.
COUNTER-CLAIM - BREACH OF CONTRACT
32. No answer required.
33. The averment in Paragraph 33 contains a conclusion of law to which no
answer is required.
34. The averment in Paragraph 34 contains a conclusion of law to which no
SAIDIS
SNUFF, FLOWER
& LINDSAY
ATTORlMn-AT- W
26 W. Mgh Street
Carlisle, PA
answer is required. If an answer is required, Plaintiffs aver they did not breach the
Workout Agreement and Defendant is responsible for its breach of that Agreement
including costs, attorneys' fees, delay damages, penalties, and such other relief as the
Court deems just.
35. Denied that Plaintiffs incurred any additional charges totaling $2,717.46.
By way of further answer, Defendant never provided the invoices attached as Exhibit
"A" to Plaintiffs. By way of still further answer, the "upcharge" for the Colonial spindles
was less than $100.00. The cost for the master bath, bathroom and hallway were less
than those allocated for those areas.
36. The averment in Paragraph 36 contains a conclusion of law to which no
answer is required. If an answer is required, it is denied that Defendant suffered
damage of $2,717.46.
37. Denied. By way of further answer, Defendant is not entitled to the final
escrow sum because Defendant did not complete its work under the original contract
and the Workout Agreement, and because Defendant did not perform its work in a
good and workmanlike manner, and because Defendant failed to complete the
Agreement timely and is therefore liable for delay damages.
38. Admitted in part and denied in part. Admitted that Plaintiffs have not
authorized the final release of any monies to Defendant. Denied that the work under
the original contract and the Workout Agreement was completed.
39. Paragraph 39 contains a conclusion of law to which no answer is
required. Denied that Plaintiffs have breached the Workout Agreement.
40. Paragraph 40 contains a conclusion of law to which no answer is
SAIDIS
SHUFF, FLOWER
& LINDSAY
ermaxMeruw
26 It. High Slreel
Carlisle, PA
required. Denied that Defendant has suffered damages in the sum of $10,000.00.
41. Paragraph 41 contains a conclusion of law to which no answer is
required. Denied that Defendant is entitled to reasonable attorneys' fees.
WHEREFORE, Plaintiffs pray this Honorable Court to dismiss Defendant's Counter-
claim.
SAIDIS, SHUFF, FLOWER & LINDSAY, P.C.
Attorneys fctrVMnUA /)
Z6 West High Street
Carlisle, PA 17013
(717) 243-6222
SAIDIS
SHUFF, FLOWER
& LINDSAY
ArroVXMAT- W
26 W. High Street
Carlisle, PA
PATRICIA A. SHANKLE and
GERALD C. SHANKLE, JR.,
Plaintiffs
VS.
NORTHEASTERN HOME
IMPROVEMENTS OF HARRISBURG,
INC.,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 2001 - 2430 CIVIL TERM
IN ASSUMPSIT
JURY TRIAL DEMANDED
AND now, this_ Z-J day of
T?
2001, I, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, SHUFF, FLOWER &
LINDSAY, Attorneys, hereby certify that I served the within Reply to New Matter and
Answer to Counter-Claim by depositing same in the United States Mail, First Class,
Postage Prepaid, in Carlisle, Pennsylvania, addressed to:
Richard C. Rupp, Esquire
RUPP AND MEIKLE
355 North 21 st Street, Suite 205
Camp Hill, PA 17011
SAIDIS
SHUFF, FLOWER
& LINDSAY
26 W. Will, Street
Carlisle, PA
SAIDIS, SHUFF, FLOWER & LINDSAY, P.C.
Attorneys for Plaintiff
26 West High Street
Carlisle, PA 17013
(717) 243-6222
VERIFICATION
I, the undersigned, hereby verify that the statements made herein are true and
correct. I understand that false statements herein are made subject to the penalties
of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities.
5 )awn
Patricia A. ankle
Gerald C. Shankle, Jr.
Date: I
SAIDIS
SHM, FLOWER
& LINDSAY
ATtO81 MAT•IAW
26 W. High Street
Carlisle, PA
Rupp & Meikle
BY. Richard C. Rupp, Esquire
Attorney I.D. No. 34832
355 N. 21" St., Suite 205
Camp Hill, PA 17011
Telephone: (717) 761-3459
Attorney for Defendant
PATRICIA A. SHANKLE and : IN THE COURT OF COMMON PLEAS OF
GERALD C. SHANKLE, JR., : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
: CIVIL ACTION - LAW
VS. : NO. 2001-2430 CIVIL TERM
NORTHEASTERN HOME
n ,
IMPROVEMENTS OF HARRISBURG,
INC. : IN ASSUMPSIT
Defendant : JURY TRIAL DEMANDED
NOTICE TO PLEAD
TO: PATRICIA A. SHANKLE AND GERALD C. SHANKLE, JR., PLAINTIFFS
c/o CAROL LINDSAY, ESQUIRE
SAIDIS SHUFF FLOWER & LINDSAY
26 WEST HIGH STREET
CARLISLE, PA 17033
You are hereby notified to file a written response to the enclosed Answer and new
Matter and Counterclaim of Defendant within twenty (20) days from service hereof or
a default judgment may be entered against you.
RUPP AND I?EIKL
Richard C. Rupp, Esquire
Attorney for Defendant
Dated: July 16, 2001
PATRICIA A. SHANKLE and
GERALD C. SHANKLE, JR.,
Plaintiffs
VS.
NORTHEASTERN HOME
IMPROVEMENTS OF HARRISBURG,
INC.
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 2001-2430 CIVIL TERM
IN ASSUMPSIT
JURY TRIAL DEMANDED
ANSWER. NEW MATTER AND COUNTERCLAIM
AND NOW comes Northeastern Home Improvements of Harrisburg, Inc., by
and through their attorneys, Rupp and Meikle and Richard C. Rupp, and avers as
follows:
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Denied. It is denied that Plaintiffs advised Defendant's agent that the
primary purpose of the addition was to accomodate the Plaintiff Patricia
Shankle's elderly parents who were moving into Plaintiffs' residence
1
and in particular to accomodate Patricia Shankle's father who uses a
wheelchair. To the contrary, it is believed that the addition was
primarily to accomodate the Plaintiffs as the parents were intended to
occupy the previously existing portion of the Plaintiffs' residence.
6. Denied. It is denied that on May 6, 1999 the Defendant's agents Mark
Kerlin and Jamie Walsh advised Plaintiffs that the additions contracted
for would be completed by Labor Day, 1999. To the contrary, the
original contract dated May 24, 1999 does not specify any completion
date. Further, the Defendant's agents may have attempted to give an
approximate or ballpark date of completion, but it assumed no
problems or delays.
7. No answer is required as the contract speaks for itself. To the extent
the averments in Paragraph 7 of Plaintiffs' Complaint require an
answer, it is denied that further delays continued and by April 2000
after numerous warnings Plaintiffs advised Defendant that they
considered Defendant to have breached the contract. To the contrary,
the Plaintiffs could not, initially, obtain a building permit for this project.
The Plaintiffs, therefore, had to seek a variance from the Camp Hill
Zoning Hearing Board. After the Zoning Hearing Board granted the
Zoning relief to the Plaintiffs, the Plaintiffs could obtain their necessary
2
building permit. The Defendants assisted the Plaintiffs in obtaining this
necessary zoning relief to allow the Plaintiffs' project to proceed. Other
delays were attributable to winter weather and to the Plaintiffs who did
not want Defendant's workers on the site at various times including the
holiday period. It is Admitted that Plaintiffs advised Defendant they
(Plaintiffs) considered Defendant to have breached the contract.
8. Admitted.
9. Admitted.
10. No answer is required as the Agreement speaks for itself.
11. No answer is required as the Agreement speaks for itself.
12. Admitted.
13. Denied. It is denied that Defendant has not fulfilled the provisions of
the workout agreement and may particulars set out on Exhibit "B"
attached hereto and incorporated herein. To the contrary, Defendant
has fulfilled the provisions of the workout agreement. Defendant has
fulfilled all of the provisions of the workout agreement. Defendant
3
conducted a final inspection with the homeowner and the Camp Hill
Borough Codes Inspector at which time all unfinished items were
finished in order for the Plaintiffs to obtain an occupancy permit from
the Camp Hill Borough. Further, Defendant offered to come back but it
was Plaintiffs who prevented Defendants from returning to finish any
minor items. It is denied that there are any uncompleted items to be
completed by Defendant except for some touch up items which
Defendant offered to complete but was prevented from doing so by
Plaintiffs. It is denied that in particular Defendant has failed or refused
to comply with Paragraph 94 which calls for the new addition to be
level and match with the existing home so that a person can enter and
exit the addition from the original house in a wheelchair without
assistance. To the contrary, the Defendant worked meticulously to tie
the addition on the first level into the existing home despite a seriously
askew floor in the existing dwelling. A person in a wheelchair can enter
the addition from the existing dwelling.
14. Denied. It is denied that Defendants performed the contract in a poor
improper unworkmanlike manner as set forth in Exhibit "C". To the
contrary, the Defendant completed the contract and the workout
agreement in a proper, good and workmanlike manner and conducted
a final inspection of the house with the homeowner and the Camp Hill
4
Borough Codes Officer with no further items to complete at that time
except for possibly some touch up items which Defendant offered to
complete but was prevented from doing so by Plaintiffs.
15. Denied. It is denied that despite reasonable extensions of time by the
Plaintiff, the Defendant has failed or refused to cure the aforesaid
breaches of the workout agreement. To the contrary, the Defendant is
unaware of any extensions of time to cure the alleged breaches of the
workout agreement. The Plaintiffs did not want the Defendant's
workers on the job for any possible touch ups that might have been
needed. Further the Defendant did want some items which were not
contracted for as if they were to be provided under the contract.Further,
the Defendant is unaware of any breaches by Defendant of the workout
agreement.
16. Denied. It is denied that the reasonable costs actually incurred are or
to be incurred by Plaintiffs in remedying the alleged breaches described
are in excess of $25,000, the statutory limit for arbitration including
attorneys fees to reasonably enforce the terms of the workout
agreement, Penalties for delay, the cost to complete the project and
the cost to remedy poor, improper unworkmanlike construction. To the
contrary, the Defendants have not breached its workout agreement.
5
The Defendant conducted a final inspection with the homeowner and
the Camp Hill Borough Codes Inspector where all final issues were
raised and corrected in order for the Borough to issue the occupancy
permit to the Plaintiffs. Furthermore, in the alternative, it was the
Plaintiffs who breached the workout agreement by preventing
Defendants from complying with the terms of the workout agreement.
As such, Defendant is not be responsible for any further costs, any
penalties, any delay, costs, any attorneys' fees or any payment for any
alleged remedies.
WHEREFORE, Defendants pray this Honorable Court to enter judgment against
Plaintiffs in favor of Defendant by dismissing said Complaint with prejudice.
NEW MATTER
Northeastern Home Improvements of Harrisburg Inc v Patricia A Shankle and
Gerald C. Shankle. Jr.
AND NOW comes Northeastern Home Improvements of Harrisburg, Inc.,
through its attorneys who avers the following New Matter:
6
COUNT I - BREACH OF CONTRACT
17. The Defendants averments in its foregoing paragraphs in its Answer,
paragraphs 1 - 16, to Plaintiffs' Complaint are incorporated herein by
reference as if set forth in full.
18. The keys were lost to the French Doors. Although Defendant believes
the keys were delivered to Plaintiff, the Defendant caused a locksmith to
come out to the Plaintiffs' home three times to try to re-key the lock but
the Plaintiffs prevented the locksmith from performing this work,
19. The Plaintiffs prevented the Defendant from performing its work under
the workout agreement by preventing the Defendant's workmen from
being able to work in the mornings when they arrived to work.
20. After executing the workout agreement the Plaintiffs changed the terms
of the cabinets and appliances to be installed because Plaintiffs' original
selection exceeded their contract allowance. The Plaintiffs' change in
cabinets and appliances caused downtime to Defendants, thereby
further delaying Defendant in performance of the workout agreement.
7
21. Plaintiffs would not allow Defendant's workmen in to work on certain
days.
22. There was a final inspection with the Plaintiffs and the Camp Hill Code
Inspector where many issues or questions were raised.
23. Defendant completed any issues raised by Plaintiffs or the Camp Hill
Borough Codes Inspector required to cause the occupancy permit to be
issued.
24. There were no final issues remaining after this meeting with the Camp
Hill Borough Codes Inspector except for possibly some touch ups.
25. Defendant is entitled to payment of the final escrow sum of'$ 10,000 by
reason of Defendant's completion of its work under both the original
contract and the workout agreement.
26. Despite the completion of its work under the original contract and the
workout agreement, the Plaintiffs have not authorized the final release
from the escrow agreement of the final $ 10,000 payment to
Defendant.
8
27. For the aforesaid masons, the Plaintiffs have breached the workout
agreement with Defendant.
28. For the aforesaid reasons, the Defendant is entitled to reasonable
attorneys fees from Plaintiffs.
29. By reason of Plaintiffs' breach of the said workout agreement dated
August 18, 2000 Defendant is not responsible for any remedying costs,
attorneys' fees, delay costs or penalties or any other damages.
WHEREFORE, Defendants pray this Honorable Court to enter judgment
against Plaintiffs for the sum of $ 10,000.00 in favor of Defendant, ordering the
disbursement of said sum from the escrow fund in this matter plus attorneys fees
and by dismissing Plaintiffs Complaint with prejudice.
COUNT II -ESTOPPEL
30. The Defendants averments in its foregoing paragraphs 1 - 29 in its
Answer and New Matter to Plaintiffs' Complaint are incorporated herein
by reference as if set forth in full.
9
31. For the aforesaid reasons, the Plaintiffs are estopped from claiming
damages, attorneys fees, delay damages, penalties or any other form
of damages from Defendant.
WHEREFORE, Defendants pray this Honorable Court to enter
judgment against Plaintiffs for the sum of $ 10,000.00 in favor of Defendant,
ordering the disbursement of said sum from the escrow fund in this matter plus
attorneys fees and by dismissing Plaintiff's Complaint with prejudice.
COUNTERCLAIM -BREACH OF CONTRACT
Northeastern Home Improvements of Harrisburg Inc. v. Patricia A. Shankle
and Gerald C. Shankle. Jr.
32. The Defendants averments in its foregoing paragraphs in its Answer to
Plaintiffs' Complaint and New Matter, paragraphs 1 - 31, are
incorporated herein by reference as if set forth in full.
33. For the aforesaid reasons, Plaintiffs breached the workout agreement
with Defendant.
10
34. By reason of Plaintiff's breach of the said workout agreement dated
August 18, 2000, Defendants are not responsible for any remedying
costs, attorneys' fees, delay costs or penalties or any other damages.
35. Plaintiffs incurred additional charges by items not covered by the
original contract or by items which exceeded their allowances in the
total sum of $ 2,717.46 which have not been paid by Plaintiffs to
Defendant. A copy of Defendant's invoice to Plaintiffs is incorporated
herein as Exhibit " A " and made a part hereof as if set forth in full.
36. By reason of Plaintiffs' failure or refusal to make payment of the
aforesaid charges, Defendant has suffered damages in the sum of'$2,717.46.
37. Defendant is entitled to payment of the final escrow sum of $ 10,000 by
reason of Defendant's completion of its work under both the original
contract and the workout agreement and the escrow agreement.
38. Despite the completion of its work under the original contract and the
workout agreement, the Plaintiffs have not authorized the final release
11
from the escrow agreement of the final $ 10,000 payment to
Defendant.
39. For the aforesaid reasons, the Plaintiffs have breached the workout
agreement with Defendant.
40. For the aforesaid reasons, the Defendant has suffered damages in the
sum of $ 10,000.00.
41. For the aforesaid reasons, the Defendant is entitled to reasonable
attorneys fees from Plaintiffs in accordance with the workout
agreement.
WHEREFORE, Defendants pray this Honorable Court to enter judgment
against Plaintiffs for the sum of $ 12,717.46 in favor of Defendant, ordering the
disbursement of said sum from the escrow fund in this matter plus attorneys fees
and by dismissing Plaintiff's Complaint with prejudice.
12
By
Richard C. Rupp
Attorney for Defendant
Attorney I.D. #34832
355 North 21 st Street, Suite 205
Camp Hill, PA 17011
(717) 761-3459
13
RUPP AND MEIKLE
VERIFICATION
I, Mark Kerlin, verify that the facts set forth in the foregoing Pleading are true
and correct to the best of my knowledge, information and belief.
I am authorized to make this Verification as President of the Defendant on
behalf of the Defendant.
The undersigned understands that false statements herein are made subject to
the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities.
Date: ) I / L ? o/
I
Mark Kerlin, President
Northeastern Home Improvements of
Harrisburg, Inc.
NORPIEASTERNHOME/MPROVEMEN750FMARR4SYX /NC.
25 NORTH ENOtA DRIVE, SUIT: 106
ENOLA, PA 17025
PHONE: (717) 732-3600 FAX: (717) 732-3627
September 12, 2000
Patrcia & Gerald Shankle
1915 Lenox Street
Camo Hil , PA ' 7011
The amount due for the colon:a: spindles, rails and posts for the front deck
;s as follows: $1,286.00
Thank you,
Northeastern Home Improvements
C K L4 t v3 L'i A
NORTHEASTErW HOME/MPROVEMAENTSOFMRR/SBURG6INC
125 NORTH ENCLA DRIVE, SUITE 106
ENOLA.PA 17025
PHONE: (717) 732-3600 FAX: (717) 732-3627
September 27, 2000
Patricia & Gerald Shanile
1915 Lenox Street
Camp Hill, PA 17011
As per the workout agreement, total funcs allocated fcr the Master Bath. 2ndary Bath ar d
Bathroom/Bedroom/Hall c oset lights were: $4,460.24.
Total of items selected and installed equals: $5,891.70.
Balance due Northeastern Home Improvements is: $1,431.46.
Z
CERTIFICATE OF SERVICE
I, Richard C. Rupp, Esquire, do hereby certify that I am serving a true and correct copy
of the foregoing Answer, New Matter and Counterclaim upon the person(s) named below by
placing the same in the United States Mail, First Class, Postage Prepaid on the date stated below.
Carol Lindsay, Esquire
Saidis, Shuff, Flower & Lindsay
26 West High Street
Carlisle, Pa 17033_--,
kichard C. R pp, Esqui
Attorney I.D.# 34832
355 North 21st Street, Suite 303
Camp Hill, Pennsylvania 17011
(717) 761-3459
Dated: V 10 L)f
PRAECIPE FOR LISTING CASE FOR TRIAL
(Must be typewritten and submitted in duplicate)
TO THE PTARY OF CUMBERLAND COUNTY
Please list the following case:
(Check one)
( X ) for JURY trial at the next term of civil :Court:
- - -CASE - - ( ) for trial without a jury,
CAP--T-ION -------------------------
(entire caption must be stated in full) - - - - - - -
(check one)
( X) Civil Action - Law
Patricia A. Shankle and
Gerald C. Shankle, Jr.,
(Plaintiff)
VS.
Northeastern Home
Improvements of Harrisburg, Inc.,
VS. (Defendant)
.
( ) Appeal from Arbitration
(other)
The trial list will be called on
and August 13, 2002
Trials comnence on September 9, 2002
Pretr'als will be held on August 21, 2002
(Briefs are due 5 days before p- re ri
(The party listing this case for trial shall
Provide forthwith a copy of the praecipe to
all counsel, pursuant to local Rule 214.1.)
NO. 2001-2430 Civil
Indicate the atto=e 19
Y who will try case for the party who files this
Joseph L. Hitchings, Esquire Praeclpe:
Indicate trial counsel for other parties if known;
Richard C. Rupp, Esquire
This case is ready for trial.
Signed:
Date:
July 3, 2002
Print Name:
h
Attorney for: Patricia A. and Gerald C. Shankle,Jr.
PATRICIA A. SHANKLE and
GERALD C. SHANKLE, JR.,
Plaintiffs
vs.
NORTHEASTERN HOME
IMPROVEMENTSOF
HARRISBURG, INC.,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
01-2430 CIVIL
ORDER
AND NOW, this Z/ a day of August, 2002, following pretrial conference, it is
ordered and directed that this matter is continued from the September term. All discovery in this
case shall be completed on or before October 31, 2002. Trial without jury shall commence on
Wednesday, December 11, 2002, at 9:30 a.m. in Courtroom Number 4, Cumberland County
Courthouse, Carlisle, PA.
BY THE COURT,
Kev' A. Hess, J.
Joseph L. Hitchings, Esquire
For the Plaintiffs /? o p i e 0.1)
,,**Richard Rupp, Esquire -0 a R?S
For the Defendant
Court Administrator
Am
VW ?IASNN3Gy?ry?
KINNO
SZ:1141y 1ZSAVZO
PATRICIA A. SHANKLE and
GERALD C. SHANKLE, JR.,
Plaintiffs
vs.
NORTHEASTERN HOME
IMPROVEMENTS OF
HARRISBURG, INC.,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
01-2430 CIVIL
IN RE: PRETRIAL CONFERENCE
Present at a pretrial conference held this date were Joseph L. Hitchings. Esquire, attorney
for the plaintiffs, and Richard Rupp, Esquire, attorney for the defendant.
Counsel have agreed to set a discovery deadline for the end of October and to proceed to
a nonjury trial on December 11 °i. An order has been entered of even date herewith reflecting this
understanding.
August 21. 2002
Joseph L. Hitchings, Esquire
For the Plaintiffs
Richard Rupp, Esquire
For the Defendant
Court Administrator
:rim
'41
Kevi . Hess. J.
VINVAIASMSd
A1Nfl'.:(.) rNN.M99 Ono
li:l,n izonvzo
J0
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Patricia A. Shankle and Gerald C. Shankle, Jr
Plaintiffs
vs.
Northeastern Home Improvements of
Harrisburg, Inc.
Defendant
ORDER
No.: No. 2001-2430
Assumpsit- Jury Trial Demanded
Action - Law
AND NOW, this 24th day of May, 2004, following hearing on Plaintiffs' Petition to
Enforce Settlement Agreement, it is hereby ordered and decreed that the terms of the
Settlement Agreement are adopted as an Order of this Court, and Defendant is directed to pay
to Plaintiffs the sum of $4,500.00 within 30 days from receipt of this order, and the escrow
agents are hereby authorized to immediately release to Plaintiffs or their counsel any and all
funds held by them pursuant to the Escrow Agreement entered into by the parties.
By the Court:
X.
A. Hess
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA ?PATRICIA A. SHANKLE AND GERALD C. : CASE NO. 2001-2430
SHANKLE, JR. ;
Plaintiffs : JURY TRIAL DEMANDED
VS.
CIVIL ACTION - LAW
NORTHEASTERN HOME IMPROVEMENTS
OF HARRISBURG, INC.
Defendant ,
ORDER OF COURT
AND NOW, this Z Y' day of / 2004, upon
consideration of the Motion of Richard C. Rupp, Esquire,
Movant, in the above-captioned action:
IT IS HEREBY ORDERED AND DECREED:
That upon Petition of Richard C. Rupp, Richard C. Rupp and Rupp
and Meikle are hereby withdrawn as legal counsel for the
Defendant, Northeastern Home Improvements of Harrisburg,
Inc.
BY THE COURT:
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
PATRICIA A. SHANKLE AND GERALD C. : CASE NO. 2001-2430
SHANKLE, JR.
Plaintiffs : JURY TRIAL DEMANDED
VS.
: CIVIL ACTION - LAW
NORTHEASTERN HOME IMPROVEMENTS :
OF HARRISBURG, INC.
Defendant ;
MOTION
NOW COMES, Richard C. Rupp, Esquire, your Movant, who avers as
follows:
1. The law firm that your Movant is associated with is Rupp and Meikle,
P.C., with principal offices at 355 N. 21" St., Ste. 205, Camp Hill, PA
17011.
2. Rupp and Meikle represented Northeastern Home Improvements in a
civil action which settled shortly before trial whereby the President of
Northeastern Home Improvements, Mark Kerlin, consented to a
settlement which was communicated both to the Judge and to opposing
counsel, Joseph Hatchings.
3. When Joseph Hatchings finalized and drafted a Settlement Stipulation
for the Court for the judgment amount, Mr. Kerlin failed or refused to
execute such Stipulation.
4. Further, in both the civil action of Shankles v. Northeastern and other
civil actions, Richard C. Rupp, your Movant, and his law firm, Rupp and
Meikle, were not paid despite billings that exceeded $12,000 and
neither has been asked to perform any further representation on any
Northeastern matter and the fact that we were advised that Mr.
Gregory Reed was taking over representation of Northeastern, we
assumed It was with respect to all legal actions.
5. Richard C. Rupp and Rupp and Melkle have several conflicts therefore
from the above recited facts:
A. There is a conflict of interest as Rupp and Meikle Intends to file
suit against Mark Kerlin and Northeastern Home Improvements
of Harrisburg, Inc., to collect on its billings.
B. The settlement was recommended by Richard C. Rupp and Rupp
and Meikle and was agreed to by Mark Kerlin and Mark Kerlin
authorized Richard C. Rupp and Rupp and Melkle to
communicate such settlement to both the Judge and Attorney
Hitchings, who was opposing counsel, in order that the trial
would not occur and a settlement would occur.
C. There would be a conflict of Interest as Richard C. Rupp and Rupp
and Meikle will have to confirm the settlement and therefore
enter a compromising position with respect to its prior client,
Northeastern.
6. Richard C. Rupp and Rupp and Meikle are of the understanding that
we are no longer counsel for any Northeastern matter. If there is any
confusion or dispute as to this issue, we are filing this Petition in the
Shankle matter to allow the removal of Richard C. Rupp and Rupp and
Meikle as legal counsel for Defendant and thereby avoid the conflicts
of Interests recited above.
7. Attorney Richard Rupp left a message with Attorney Joseph Hitching's
office but had not received a response as to his consent in filing this
Petition.
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WHEREFORE, Richard C. Rupp, your Movant, respectfully requests that
the entry of appearance on behalf of Richard C. Rupp and Rupp and Meikle
allowed to be withdrawn as legal counsel for the Defendant, Northeastern
Home Improvements of Harrisburg, Inc., such that Richard C. Rupp and Rupp
and Meikle will not have to represent at the hearing for enforcement of the
settlement by the Defendant.
RUPP AND MEIKLE
By.
Dates: VA414 r
Attorneys for Richard Rupp,
Esquire, Herbert Rupp,
Esquire, and Col Frederick E.
Gerber, 11
3
Atty. I.D. No. 34832
355 N. 21" St., Ste. 205
Camp Hill, PA 17011
717-761-3459
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CERTIFICATE OF SERVICE
AND NOW, day thisd?
of May, 2004, I hereby certify that 1
have served a copy of the within document on the following by depositing a
true and correct copy of the some in the U. S. Mail at Harrisburg,
Pennsylvania, postage prepaid, addressed to:
4
Joseph L. Hitchings, Esquire
203 West Caracas Avenue
Suite 201
Hershey, PA 17033
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PATRICIA A. SHANKLE and
GERALD C. SHANKLE, JR.,
Plaintiffs
vs.
NORTHEASTERN HOME
IMPROVEMENTSOF
HARRISBURG, INC.,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
01-2430 CIVIL
IN RE: MOTION TO WITHDRAW AS COUNSEL
ORDER
AND NOW, this /1' day of May, 2004, a rule is issued on the parties to show
cause why the relief requested in the within motion to withdraw as counsel ought not to be
granted. This rule returnable Monday, May 24, 2004, at 11:00 a.m. in Courtroom Number 4,
Cumberland County Courthouse, Carlisle, PA.
BY THE COURT,
/Joseph L. Hitchings, Esquire
For the Plaintiffs
'Richard Rupp, Esquire
For the Defendant
Am
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'430P06\eo.,S?eRs 90me- lmprovemenTs
Curtis R. Long
Prothonotary
Q?ffice of the protbonotarr
cumberlanb CountP
Renee K. Simpson
Deputy Prothonotary
John E. Slike
Solicitor
i _ 2 CIVIL TERM
ORDER OF TERMINATION OF COURT CASES
H DAY OF NOVEMBER 2007 AFTER MAILING ING TICS OF
AND NOW THIS 5T ItECENING NO RESPONSE - THE ABOVE
WITH PRENDICE IN ACCORDANCE WITH PA
INTENTION TO PROCEED AND
CASE IS HEREBY TERMINATED
R C P 230.2.
BY THE COURT,
CURTIS R. LONG
PROTHONOTARY
rthouse Square - Carlisle, Pennsylvania 17013 - (717) 240-6195 - Fax (717) 240-6573
One Cou