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Home My WebLink About12-0285..1 Fl! ED-OFFICE ANGINO & ROVNER, P.C. C THE P ROT.",ONOTAIR' Richard C. Angino, Esquire I.D. No. 07140 Daryl E. Christopher, Esquire C U $1 5 n LAND COUNTY I.D. No. 91895 P E, 14 S Y LV '(V; A 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 E-mail: rca@angino-rovner.com E-MAIL: DCHRISTOPHER@ANGINO-ROVNER.COM Attorneys for Defendants(s) RESTORECORE, INC., I IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. I NO. 2012-285 - CIVIL DANIEL M. JONES and CIVIL ACTION - LAW CYNTHIA C. JONES, Defendants JURY TRIAL DEMANDED NOTICE TO PLEAD TO: RestoreCore, Inc. c/o Gregory J. Allard, Esquire J. Scott Watson, P.C. 24 Regency Plaza Glen Mills, PA 19342 You are hereby notified to file a written response to the enclosed new matter within twenty (20) days from service hereof or a judgment may be entered against you. ANGINO & ROVNER, P.C. Dated: February 10, 2012 Richard' C. Angino, Esquire I.D. No. 07140 Daryl E. Christopher, Esquire I.D. No. 91895 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Attorneys for Defendants ANGINO & ROVNER, P.C. Richard C. Angino, Esquire I.D. No. 07140 Daryl E. Christopher, Esquire I.D. No. 91895 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 E-MAIL RCA@ANGINO-ROVNER.COM E-MAIL: DCHRISTOPIIER@.ANGINO-ROVNER.COM RESTORECORE, INC., Plaintiff V. DANIEL M. JONES and CYNTHIA C. JONES, Defendants Attorneys for Defendants(s) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 2012-285 - CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANTS' ANSWER WITH NEW MATTER AND NOW, come the Defendants, Daniel and Cynthia Jones, by and through their attorneys, Angino & Rovner, P.C., and file the following Answer with New Matter and Third Party Complaint: 1. Denied. Defendants are without knowledge, information, and belief regarding the truth or falsity of this averment and it is therefore denied. 2. Admitted. 3. Admitted. 4. Admitted. COUNTI BREACH OF CONTRACT RESTORECORE, INC. vs. DANIEL M. JONES 5. Denied. This paragraph contains no averments of fact. To the extent that this paragraph is deemed to contain averments of fact, they are specifically denied. 6. Denied. In September 2008, Plaintiff was contacted by Penn National Insurance Company, an insurance carrier for McNaughton Homes regarding damage to the Defendants' property caused by water and mud runoff from a McNaughton Homes development. Defendants never entered into a contract with the Plaintiff for the remediation of their home and Defendants did not contact the Plaintiff and request their services. RestoreCore was contacted by and hired by Penn National Insurance. At the time that Defendant Daniel Jones signed Exhibit B, he was specifically told that all payments would be made by Penn National Insurance and that his signing of Exhibit B was simply a formality that allowed RestoreCore to begin cleanup efforts. Daniel Jones was assured that Exhibit B was simply a work authorization and that it did not obligate him to make any payment. Defendant Daniel Jones never agreed that either the services or the prices provided by RestoreCore were fair and reasonable. Neither Daniel Jones nor Cynthia Jones was ever provided with a copy of Exhibit A prior to the initiation of this lawsuit. 7. Admitted. 8. Denied. Defendants have not refused to cooperate with processing this claim. 9. Denied. It is specifically denied that a legitimate demand for payment has been made against Daniel Jones. It is admitted that Mr. Jones has refused to pay the balance due because Mr. Jones does not owe RestoreCore any money. 2 10. Denied. Mr. Jones signed Exhibit B only as a work authorization and after receiving assurances from RestoreCore that he was not responsible for payment because Penn National was paying RestoreCore's bill. 11. Denied. Defendant has no knowledge, information, or belief as to the veracity of the claims made in this paragraph and they are therefore denied. 12. Denied. Daniel Jones never had a contract with RestoreCore that required Mr. Jones to make any payment to RestoreCore. COUNT II UNJUST ENRICHMENT RESTORECORE. INC. vs. DANIEL M. JONES and CYNTHIA C. JONES 13. Denied. This paragraph contains no averments of fact that can be admitted or denied. To the extent that this paragraph is deemed to contain averments of fact, they are specifically denied. 14. Denied. Defendants believe, and therefore aver, that they never had any contract or agreement to pay RestoreCore for services provided. Without waiving as a defense that Defendants never agreed to make any payment to RestoreCore, Defendant's also contest RestoreCore's billing statement which was inaccurate and grossly overstated. Daniel Jones is fluent in Spanish and in conversing with the Plaintiff's "hazardous waste technicians" which are being billed at $51.75 per hour, he learned that they were mostly Mexican and South American workers with questionable documentation who did not speak English. Defendants do not believe that the credentials and training of these workers qualified them as specially trained technicians to justify an hourly rate of $51.75. Defendants have the same concerns regarding the Plaintiffs water extraction and remediation technicians. Plaintiffs bills for personal protective equipment 3 are also grossly overstated. Defendants have several photos showing none of these items being worn by workers. On only a few occasions did the workers wear protective gear of any kind. Defendants have the same concerns and contest Plaintiffs invoices for boots, eye protection, respirators and respirator replacement cartridges. Plaintiffs administrative/supervisor labor charge is also grossly overstated. Plaintiffs employees did not properly document the Jones' personal property that they threw away, making it very difficult for the Jones to reconstruct their inventory of lost contents. This behavior does not warrant $50.00 per hour. Plaintiffs bills for equipment set up, take down, and monitoring are also grossly overstated. Daniel Jones did most of the monitoring and running of the equipment. Plaintiffs bill for air movers or fans is exaggerated. Defendant's photographs show only six fans, not 20. The daily rate bills are overstated and unreasonable. Plaintiff also overbilled for dehumidifiers. Plaintiffs bill is for 10 units. There were not 10 units on the property, only a couple units. Plaintiff did bring in a large truck-size unit to dehumidify; however, RestoreCore was unable to run the machine and Daniel Jones had to get it running for them. Plaintiffs bills for desiccant, generator rental and set up, propane fuel (the generator was actually diesel powered and was run by Daniel Jones), HVAC cleaning, and general clean-up are also overstated. Plaintiff did not have any temporary toilet at the property and instead used the .Tones' toilet in their home. Plaintiffs outstanding bill is clearly overstated. 15. Denied. Plaintiffs poor workmanship in inventorying items and exaggerated billing has been no benefit to the Defendants. As stated above, Plaintiffs bill is grossly overstated and had the Defendants known that they, rather than Penn National Insurance, would be sued for payment of the bill, Defendants could have and would have either done the work themselves or searched for other contractors to perform the work at more reasonable prices. By 4 way of further answer, this paragraph is denied as a conclusion of law. To the extent that this paragraph is deemed to contain averments of fact, they are specifically denied. 16. Denied. Plaintiff had a contract and an agreement with Penn National Insurance, not with the Joneses. Plaintiff should look to Penn National Insurance for payment. Defendants were fraudulently induced into allowing the Plaintiff to work on their property only to later receive a grossly exaggerated claim for payment. By way of further answer, this paragraph is denied as a conclusion of law. To the extent that this paragraph is deemed to contain averments of fact, they are specifically denied. 17. Denied. Unjust enrichment is an equitable doctrine requiring the Plaintiff to have clean hands and in this case, the Plaintiffs hands are far from clean. Plaintiff fraudulently induced Mr. and Mrs. Jones to allow them to work on the Jones' property and subsequently presented a grossly inflated bill. By way of further answer, this paragraph is denied as a conclusion of law. To the extent that this paragraph is deemed to contain averments of fact, they are specifically denied. WHEREFORE, Defendants Daniel Jones and Cynthia Jones respectfully request that this Honorable Court dismiss Plaintiff's lawsuit against them. NEW MATTER 18. Defendants hereby incorporate the above paragraphs as though they were set forth at length herein. 19. At the time that RestoreCore arrived at the Defendants' property, representatives from RestoreCore specifically stated that Mr. and Mrs. Jones would not incur any liability for payment by signing Exhibit B, which they identified as a work authorization. 20. Daniel Jones was fraudulently induced into signing Plaintiff's Exhibit B. 5 . l 21. Cynthia Jones never signed any agreement or authorization with the Plaintiff. 22. Defendant Daniel Jones justifiably relied on Plaintiff's statements that he would not be responsible for payment because Penn National Insurance was paying RestoreCore. 23. As a result of the Plaintiff's statements and Mr. Jones' justifiable reliance, Mr. Jones did not seek an itemized estimate before work began and did not look into the cost or renting equipment himself or getting estimates from others, all of which would have saved the Jones thousands and thousands of dollars of the grossly inflated bills in Plaintiff s Exhibit A. 24. Plaintiff should be equitably estopped from asserting claims against Mr. and Mrs. Jones. 25. Without waiving any other defenses, should it be determined that Daniel Jones had a contract for payment with the Plaintiff, the Plaintiff is precluded from attaching or placing a lien on any assets held jointly with his wife, Cynthia Jones, who never signed any documents with RestoreCore. 26. Plaintiff's unclean hands preclude RestoreCore from asserting any equitable remedies against Mr. and Mrs. Jones. 27. Plaintiff does not have an enforceable contract with Mr. Jones or Mrs. Jones. 28. If the Plaintiff has an enforceable contract with the Jones, the values listed in Exhibit A are grossly overstated, and Plaintiff may have already been paid equal value for the services rendered by Penn National Insurance. 29. Should Exhibit B be found to be an enforceable contract against the Defendants, Plaintiff's bills are not consistent with the rates set forth in the payment schedule. 6 30. Should Exhibit B be found to be an enforceable contract against the Defendants, the contract does not provide for payment by the Defendants since the bills in this case are covered by insurance. 31. Exhibit B is an unenforceable Contract of Adhesion signed by Daniel Jones while he was under duress. His house was filled with water, mud, and representatives from RestoreCore. He had no bargaining power and no opportunity to review the unconscionable and one-sided terms of the document. WHEREFORE, Defendants Daniel and Cynthia Jones respectfully request this Honorable Court to dismiss Plaintiff's Complaint against them. Respectfully submitted, ANGINO & ROVNER, P.C. ichar C. ngino, Esquire I.D. No. 07140 Daryl E. Christopher, Esquire I.D. No. 91895 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Attorneys for Defendants Date: February 10, 2012 7 CERTIFICATE OF SERVICE I, Angela D. Horchler, an employee of Angino & Rovner, P.C. hereby certify that a true and correct copy of the foregoing Answer with New Matter was served by United States first- class Mail, postage prepaid, upon the following: Greogry J. Allard, Esquire J. Scott Watson, P.C. 24 Regency Plaza Glen Mills, PA 19342 Angela D. Horchler Date: February 10, 2012 EXHIBIT "A" RestoreCore Inc. 2322 North 76t Street Harrisburg, Pa 17110 717- 2-1 717-232-9936 Client: Jones, Daniel Home: 5100 Erbs Bridge Rd Mechanicsburg, PA 17050 Property: Operator Info: Operator: CPPM40 Estimator: Eric Mtazek Title: Estimator Company: RestoreCore Reference: Company: Penn National Type of Estimate: Date Entered: Date Fat. Complete(]: Price List; Estimate: Water Damage 911112008 Daic Assigned: 9/1112008 911112008 Date Job Completed: PAHA5B8C Restorat1onlServicc1Rcmodc1 Rome: Business:. This estimate is for emergency services to be provided at the Jones residence in Mechanicsburg, PA. Note: This loss was due to watee and heavy mad in client's garage and basement. Personal contents to begone through by homeowner to determine solvageabiiity. Those contents deemed unsalvageable to be disposed of in on-site dumpsters. RestoreCore Inc. 2322, North 7th Street liatyisburg, Pa 17110 717-232-1500 F x 217-232-9936 Emergency Services DESCRIPTION QNTY UNIT COST TOTAL Emergency service call - during business hours 1.0-0-E A @ 102.59- 102.59 Hazardous Waste Technician- per hour 416.00 HR @ 50.75 = 21,112.00 Note: 6 technicians C3a 69.333 hours.to mitigate, and discard hazardous waste and to pressure wash and extract mud from effected areas. Water Extraction & Remediation Technician - per hour 96.00 HR @ 33.80- 3,244.80 Note; 6 technicians @ 2.0 hours per day for 8 days additional labor for distance cartage of con taminated debris from basement level to on-site dumpsters for disposal. Add for personal protective equipment (hazardous cleanup) 120.00 EA cQ 10.39 = 1,246.80 Note; 2 sets of personal protective equipment per day for 6 men Qr 10 days. Boots - waterproof latex - Disposable (per pair) 120.00 EA @a 6.84- 820.80 Note; 2 sets of disposable boots per day for6 Wren a 10 days. Eye protection - plastic goggles - Disposable 120.00 EA Q 4.96 = 595.20 Nate; 2 sets of disposable eye protection per day for 6 rnen Q 10 clays. Respirator - Rubber mask w/dual cartridge - Disposable 6.00 EA c4 36.96- 221.76 Respirator replacement cartridge (per pair) 120.00 EA @ 11.37 = 1,364.40 Note; 2 sets of replacement cartridges per day for 6 men @ 10 days. Apply anti-microbial agent 2,106.00 SF @ 0.19 = 400.14 Miscellaneous DESCRIPTION QNTY UNIT COST TOTAL AdWaistrative/supervisor labor charge 40.00 HR @ 75.00 = 3,000.00 Equipment setup, take down, and monitoring (hourly charge) I6.00 HR Q 33.80- 540.80 Air mover axird fan (per 24 hour period) - No monitoring 140.00 EA @ 29.58- 4,141.20 Note: 20 units @ 7.0 days. Dehumidifier (per 24 hour period) - XLarge - No monitoring 70.00 EA Q 101.25- 7,087.50 Note: 10 unit 8.7.0 days. Dehumidifier - Desiccant-8500-15000 CFM No monit. per 24hr 7.00 EA rQ 2,536.00 = 17,752.00 Set tip and take down for trailer mount desiccant 1.00 EA Q 450.00 = 450.00 Delivery and pick up charge for trailer mount. desiccant 1.00 EA @ 500.00- 500.00 Generator - 35-90KW (per day - 24 hour) - no monitoring 7.00 DA @ 403.00- 2,821.00 Set up and take down for generator 1.00 EA @ 400.00 = 400.00 Delivery and pick up chargcfor generator 1.00 EA ® 300.00 = 300.00 Propane fuel (per gallon) - generator fuel 244.43 GL ® 4.19 = 1,024.16 Note: Actual propane/diescl fuel usage for the generator and desiccant to completa dryout of structure. Inspect, clean and test HVAC system 1.00 EA @ya 592.83 = 592.83 Note: The furnace took on heavy mud and water and must be inspected and cleaned. This item to be provided by a qualified, HVAC scrvice contractor. ?? 9/262008 Pagc:2 RestoreCore Inc. 2322 North 7th Street Harrisburg. Pa 17110 7i7 - • x 717-232-9936 DESCRIPTION CONTINUED - Miscellaneous QNTY UNIT COST TOTAL Temporary toilet (per mon(h) 1.00 MQ 98.23- 98.23 General clean - up 60.00 RR @ 29.83- 1.789.84 Note: 6 technicians @ 1.0 hour per day for 10 days for general clean up at the cad of each work day. Dumpster load - Approx. 40 yards, 7-8 tons of debris 4.00 EA Q 561.80 = 2,247.20 Grand Total Areas: 0.00 SP Walls 0.00 SF Floor 0.00 SF Long Wall 0.00 SFCeiling 0.00 SYFlooring 0.00 SF Short Wall 0.00 SF Wails and Ceiling 0.00 LF Floor Perimeter 0.00 LF Ceil. Perimeter 0.00 Floor Area 0.00 Exterior Wall AMR 0.00 Surface Area 0.00 Total Ridge Length 0.00 Total Area 0.00 Exterior Perimeter of Walls 0.00 Number of Squares 0.00 Total Hip Length 0.00 Interior Wall Area 0.00 Total Perimeter Length 9!262008 Page, 3 RestoreCore inc. 2322 North 7 th Street Harrisburg, Pa 17110 I - = x 717-232-9936 i 7 Line Item Total Material Sales Tax Cleaning Mil Tax Subtotal Cleaning Sales Tax Replacement Cost Value Net Clairn Summary 71,853.21 Qa 6.000% x 1,157.23 69.43 Q 6.400% x 4,661.24 279.67 72,202.32 ® 6.000% x 61,549.46 3,692.97 $75,895,28 $75,895.28 Eric Mruzck Estimator 9126/2008 PuW.4 EX?IIBIT "-B" Festomcore E gR?Lbaatteaaadlhts MERGENCX WORK AUTHORIZATION Job Number-, Date :3cptettlba8 This Ettaergenoy Work AWhwizrAon (-Agreement') is agreed to between: Owner DanielJones 5100 Erbs Ridge Road Mechatucsbw& PA 17050 Deductibir. S- for repairs and/or services at the following property: Claim Number: And ReslomCore, Inc, 2322 North Seventh Stmt HarrubmI. PA 17110 Phone: 717-232-1300 Fax: 717-232-9936 wwwxestorecomcom 5100 Elba Aridge Road COST ESTIMATE: Mechanicsburg, PA 17030 SCOPE OF IYORIQOWM agrees that RestomCom works dkextiy for Owner, aced not any ioru(sace empany, agent or adjustor. Restore:{:ore shill fiunitti labor 01111 material to em ocle the below designated services andler repairs to the building or other property rrqulred as a resuh of lire, water, steam or either mushy donate. All ?rotk shah be palbrn ed by RawrcCorc in R good and workmanlike matmer in accordance with Industry standards. lrthe worlt &%co ds at will exceed the above atimte, RestoreCom will complier an additional scope or work in accordance with insurance industry procedures, as ddreribed on my Chop Order to be spiced to by 0woreCore and Owner and, if required, Owner's insurance company. Any Change Order shall ba attached to this Apesaetent and ietmrparsaui herein trerbttien oeaaip+iaa of ?drrias: ?:[..a ,t?._ f O In (??Aj PAYM1i M Owl6er has san ismana lor]'su povia pwom ft lin wait completed anchor fCtis Alletwo et. Owner apices to M ReMOC0% ltx A knood teak, as sinned eased aeon bdwom Ke doseCore and Owner's 6ntum45 coeop". Owner ndttoriees rarer iassome r -mpany to autec direct poymaM b R on: !hr my work patbawd l+eteoa ilm Owncir somr-% If retept W by RCONCCO% to OVUM will RMIMMCene Sad Oesaa's MOMMM 00 prwdde pa for wait parftmed sad to, ptorilc all acgo5ad ioPoamatiore septrdirsg'diie Aatcerneat sad datsuede p ievidod lommi ter le Owners Instorance nee- 1 ), Aay work tpt ewmvd by b wmce sMtl ba paid by OwW On s tirna and rttasariats basis at for notes ,et torah to Qte "Paysaaa SehoW see" of this Agreement. TERM:Ove>ar agrees to make ei payment 16r work perfomted by or at the dirceft of Roglarecom Immedion tly upon Owner's receipt of each invoice from Reytorecom ownio' Bather &VM to M84 final paymsot of all remaining ma inh corn edtatoly.ujim oanpledom Interest tm say unpaid balsoco shell be chsegod at the sate of 04 lot per Monett. Owner shag be responaiwe. fbr reasonable %homey's ties aria chats In the evanr that collection efforts (including lepl action) arc papired to collect duty trapeld MAKOL ANTOM IM Owner, by grcomion of thii ASmmxnk huaby suipls -to RestatcCore such untouni do is dam Owner under say atioloable policy of InsuroaoL Owner hereby direoh such iasunnce company to inctude "ttastoreCore" as a cc pfd) an stay *4 or dacr to be inued so Oww in tbia mot's Sod termer arm to sadOtse and hear oditedy delivsr a" stack draltor check to RoWsOerb CO1riMOCK#tAa & t o1tPL.E'f10M.- Work shelf eoatotatda 6nnt0dattly upon RatopCnte's xcidpt Of this Arc m cm as 0ipnbd by O?rncr aid say ucom" psymSta or mode sot WANim rims 0"w % itrswmw wM RestoreCorsafinipates scholeallal coorrpktion urMie _„ hays or otiptit t bVII&I Pock RestonCere Is not liabk Rrr ddrlrs due to cam beyond ins soNmr mss ofoooei 0*0 or snusudFl ex•ac wrow. LVAITATiON OF L1ABI LrrY3 The parties admosrWpc Ilk the liability of RUMCCore, If sap, ad Owncr's sole and exe3 isive. am* for dtSUW for daint of say triad wbdsaevt , mpardlrss of ilia kptrt ft=7 Sad wfteatsr siting- in WO or eamtraa% deed be linsited am dw toad aeaeaant of the paymrrrMS radved by Restm Core pos arwl b this Agee niM la no erect shag- RastaeCore (or Say of Rs 0111oles. offie n, anplayoa and mdptsl be littA lbr my. Special, "not, indideaW ormsocgoewCnl duimecs ofcry hied iadndinS low sot 1'anitod In. Metptnuctioe. W06tsaMOL 11x.dasroge an account of the leas of peewit ar prospro" pfd x 1br MY 011M season whatsoever: Fudwaso . Rees reCom SW ba, repm arlale Daly for doe Faced property rated an the attached rose %q list, Irony, a iawbrOwner andRalaecore .iNCORPOlIAT04: The terms and conditions on page Iera la rporatcd hadn vetbttlth. CANCiELI ATIt1N BY RLTMRECORE: in the cmt Owaor's iasurM= otrtnpaty provides .rotten notifxalitnt disdlewin); RaloroCM triers providing- natxssnry restoration serviar, Owner may cancel 160 ratrorrglltaed portico of this Apreemft Nothing lerdn shill preYmst itestoreCore from MWVhip paytndat rrOm Owner A* all work coopkxed prior to such canccllatian NON-CANCIt1.LATiON BY OWNER. You, the buyer, Marla, IDNIEtW the contract for thrgaods and services of ftestoreCore, ttoe sonar, br the retaediation of a boos ride emergency hereby authorl" the seller to fa smailittNly preeaad vith the deilmy of 1goods or clue partweg pave of services aseessary b rVa"y the is"M we Oa s"Ievicy. By pr A&A at seller with this "I"ess da% you ajrce to make M71 pquwm far tbt 9066 or caritas pvrided.Yoe Ram aat'ts nerche &W rob Morded you by 11116 Unfair Trade PruS m and Camuater ProteWu Law to asneel elk tantmd within tiree business days from the above date. N WIiNEss wH REpF, the parties here ahem into f* Agttdaatt as of tho date best w6tlat above OWN . l3ste I cda ?': n 7 5f ... 6 Printed on il1Yt 1106 P 1 Of 2 at 11,+10 am rearm E Aodzyaa TERMS AND COWDi' WARRANTY: RestoreCore wa rams that its work wilt be fire from d*ft in MJ"W or srarktaxmhiP not (nWask in the dcsityr or maarials requined by the Aaregna10 for =year oorntnuaft on the date orsobataald completion (heroin rcknod is sa the-Warily-) If Owner bdiw#as that rho work provided hereunder is defective in material or workentwtship, then written norwo Witt, an cxpkaatlon of the derv shalt be glvea Pmm* by Owner to Rc*weCoM but all dolat< %r Wrrway =vice: roost be within Oka WaaratrtY period irsa er'awe a Reatore('.om deter kam that the reported def{ ,vas /tot cov and by the Warranty, Owner shall pay Rettratmm 1hr the cost of invcati=sting the problem at RestoreCure's than prevailing rates. Additional work at repair or replacemaal:of nutwislk shalt not •xcortd ou warranty period n to the is low vied. The Warranty on additioad work or repaired or PCIONs Air Scrubber - S 71 Air Sc abber-hire"-saI A'r Movcr- 526 Air Mover Axial Fan -Si'9 Vane Axial Fan - S35 EXtfactor - Ss5 Consumable Equipaeat: Micrpbtm - per gallon - 335 Degreaser. per gallon - S 14 Dry cl anlnj sponge • PA - $2.50 Rags- per round 41115 Personal Profeecive F.gaip ow - SU Chaeresor -6000 Watt - $62 plus ps Ladder- S 12 Extension Cords - 3 Way - 12 grnrgc .'W - $5 Power foul . S12 1/2 OSB plywood: S24 per sheet Tarp per SF: 35 cents pa SF Dienarsioaai Lumber $4 / board fed awsrmds stall be in effect lbr a period of 90 daps b tow* the date Ac Warerily vrork is ptovidcd or the remaining period of the Warranty on the initial work, whichever is greater. Owner's excftlsive remedy and ReMcCnrc's kale oldigatloa la to supply and pay for all labor and materials necessary to repair vatic fotmd'to toe dortetitte dutles the Warranty period. ifAdifitionai work. repair or replacc;wat lift to rowdy the dclbok 0M. nand otdy In such an avert, shag ReoweCore roiund the fee Owner Pald"to ttestoreCoredbr the work Owner's hilam to make a claim, as described in the about psrayaph, shall eoas'Aute an uagoditfed secepanoe of such work rod waiver bt Ownerefal dahas valets suraf RcMmCose does stud Wanwd dw IT Awl emnpletely Aeasove my mold or dot anymoldvarniningtdb reomplotloo oubt work will not multiply or KWr• EXCEPTIONS TO LIMITED WARRAWY-. RwwmCDm " berm no RAft or ddgdbo to Owner v4dt respect to vwtk agatrist twxrke daring i'kc Warranty period which is sabjarted to any or the b9owhW Arise, imptoltet cwt6 vrster luftusio% t>ogl%mcc, acoldcat, modification, ffforo of the end-ow or Owner to rego * neakdein and inspect the work, attempted rapslr bynonquaUlied permoct ad. If dppiitebk, Where orOwocr to conduct thtrd-porty "tasting for Ike perseaoe ormold%ftln ftftt3) daryssr0ersttkatatrtM:covapildlon or*c WWL The Warreatr dos not ersvu 'weer sad ter dwb$ aoeawl up4a. The Waerarely vw'A not 00MMence unill RatorcLure hats been paid be full ror its work. Any suspension of the Wocranty Ad trot toll cc extend the Wa mnly. Warrenfim supplied by lkt anautOro ww wil repioca aad tsko precedent over the Warroa In else atrmt dw vaanohC4rreve tmraatias stay apply, OWAW agrees to sedr all appuc*k fans ora.1h mo under saga aeanufteurve w2aw ks prior to coking or asocning any claim tlisinsl RestomCorc. - DISCLAIMER OF IARRANTY- EXCEPT FOR T'HE FOREGOING WARRAt19 M% RUTOR ' 8=1111T DISCLAIMS AM EXCf.UDIM AI.LO'A!>EiRirARRANTa%idlplltTr;B$OltWAVUEM 44MUDMOKIT NOT LIMITED TO A14Y An131011 ALL IMPLIED: WARRAW1711I3 OF MERCKANTASILITY AND RiTNWSFOR A PARTICULAR PURrMl. PAYMSMT t0L91EDItl.14- AA work poWded pum" 110 this Agreontatt sull to bonded at a am ond atdaeWs bash of do tbliowing iga: All materials and disposables will bo billed out A list price PIN 30%. 11morpn ricy Cal1'oat charge • $93 Einerposy Call out dwgo after hours • $133 Pick up trod/ told of elobris - bokadirg danp foes - $154 Labor per fioar. StrsjW time: M-F' 4 AM - 4;30 PM Tim and a halt Saturday and M-F 4:30 PM - 8' AM Doubit timC Sunday and Hdidays SoperviW S7S . Phorker / HVAC S 02 Water OonraBelatanialtTtxkakiaa:535 SoiciacS74 DetnoliIM Labor: $35 Roofer. S 75 Corpenw: $72 Rettra< FAO+Ptro?M:Aft ? pa 2dlioar pnYiod Phncni% 200: Ss9 3erviccTrack-S8S Dri.oaae 1201):1150. HEPA Vacuum -S 40 ve lea and Condidoac page. aam - - 10(5-- Owners itailtatfs lr40%MNITYt To the fullest alant pcanitted ley law, Owner shalt Mond, iaderaalfy ad hold two akss RettoreCore, its tt Mk&c% wg4yees, ofilcom distance, tsar or soi'oasarum [ram of claim br bodily ittyittry and pmpo W damage prat. pray son as a rev^ is Whole or part, from the acglisma or iniscondunt orOwner or others retained by Owner. Tir,R11d1NAT 10Nt[Upoosevrst (7) days' w" notica lo OWna.11AMOMCom may texsaisuot This Ageecareat if tier work has bw* stopped Air it tidily (30) dW period dwv* eo unit of httc lanCom lbr any of tlne lleN Ang tcaeoar (a) slider com order-or order or alber so.ernntontal. authertty bavinit jurisdletion or IN as a result or the dectatatlat or an cmerger",or other Swornmental eret during svbich, through ao act or atdt of ResioraCom.matcriats see not ava0nbie.l Fwtkerotxk upon seven (7) days' twitlco **We b con: Owner. RotoreMrs airy lerotheow lire Ageentent it t>ww.. (a) foils w rwaiah :nab s codeaee tltu tall oc at sands we available and committed lb r the emire /vast of lha Wft to be porkmied pursuant to this Agroemcni: (b) assigns Ibis Agrea wnt (m any rights or obiloations beaunder) without RestorcCore'a eeaseet; (e) falls, to pay any amouat to ReAw Cost whirls 15 dw F AoWing Ownses receipt or Ow invoice otamorMffahg Owner's obrron" co pay such amoao5 or 4 olborwise iga wbft: 6eeaA , Sic /lttgvootiu. Upon termination of this Agreancio by RestorcCore, RosforeCorc shsdl be entitled to recover Item Owner payment far all work provided and for any proven loss teat or expense In oconeall a with the work provided or to be provided. including all demobiAaatioa coats plus mosowable overhead and prolh- SURMALi The Term, Assignment, Limitation or Liability. Waranty, Exceptions to Limited Wsnahty and Disclaimer of Warranty sections shall survive Ow terrttiaatlon of this Agrcernent. SRYERANLM,. In ft'row my provision or tills Atpvanrart sM be beW invalid or tfnenfbrct f , 0 shall to doomed modified only to the cxtM acceviory to make it lawful. To drM suck w4dlfloation, said provision shall be deetrcd deleted. added to and/or rewrttlaa, wbidwea shall most fatly preserve the honuions of the panics su aaigiaally' axp kereirr. ' WAtMi No Where or dciry on 11 hr pun of any parry bmto In the exaa:e of any right bnacuncW 1011 impair mxb right or be construed to be a waiver or, or acquiescence in, any breach or deflult, nor Witt any stogie or "" exercise of any Rich (tall preeftsde otter or 6utlrer-Mbe 11leredf0rof anyiidiet film. FJMKK I114D111MANDINQ This 4vaem m (iniduft daounama specifically referenced 14 tbir Agroment) tepresetds the entire underabnding oolong the patios beroto whh respect to rho subject mdi bersof. and this Agreement supers des aR previous rePpCAW*M. t adlalM "er tiRrepciailk, aid or writma. between the podcs *0 respect to the sabjact rnadtar hemeof and cannot be modified except by a written imtrw+iettt signed by the parfres harts. In resetting the ngreemonts in this Agreement, neither party has ?ddad upon any representation or proeaiu, orel or wrIsla except Hest sit forth basis, f (" " ResW9Cora3 Agent's brush Paggera 2 of 2 Form hWA012706 VERIFICATION I, Cynthia C. Jones and Daniel M. Jones, plaintiffs in the within action, have read the foregoing PLAINTIFFS' ANSWER WITH NEW MATTER AND THIRD PARTY COMPLAINT and do hereby swear or affirm that the facts set forth in the foregoing are true and correct to the best of my knowledge, information and belief. I understand that this Verification is made subject to the penalties of 18 Pa.C.S.A. § 4904, relating to unsworn falsification to authorities. i ess ant ? Dated: a C. Jo s /9-,o I P.- aniel M. J? Date: 450485 CERTIFICATE OF SERVICE I, Angela D. Horchler, an employee of Angino & Rovner, P.C. hereby certify that a true and correct copy of the foregoing Answer with New Matter was served by United States first- class Mail, postage prepaid, upon the following: Greogry J. Allard, Esquire J. Scott Watson, P.C. 24 Regency Plaza Glen Mills, PA 19342 Ax'gela D. Horchler Date: February 10, 2012 . r J. SCOTT WATSON, P.C. BY: GREGORY J. ALLARD, ESQUIRE Identification Number 92218 24 Regency (Plaza Glen Mills, Pennsylvania 19342 (610) 358-9400 RESTORECORE INC. V. DANIEL M. JONES and CYNTHIA C. JONES and PENN NATIONAL SECURITY INSURANCE COMPANY and PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY' and PENN NATIONAL INSURANCE Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS a s 4. NUMBER 2012-285-CIVIL PLAINTIFF'S REPLY TO DEFENDANTS' DANIEL JONES AND CYNTHIA JONES NEW MATTER Plaintiff, RestoreCore Inc., by and through their counsel, Gregory J. Allard, Esquire, hereby replies to the New Matter of Defendants Daniel Jones and Cynthia Jones, and avers as follows: 18. Plaintiff hereby incorporates the paragraphs of the Complaint as though the same were fully sot forth at length herein. 19. Denied. Plaintiff denies that statements were made to contradict the work authorization. 20. Denied as a conclusion of law to which no response is required. 21. Admitted. 22. Denied as a conclusion of law to which no response is required. By way of further response, Plaintiff denies that statements were made to contradict the work authorization. 23. Denied. Plaintiff denies any characterization of their bills as inflated. By way of further answer, see answer to number 22 above. Further, after reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to why Daniel Jones did or did not do things referenced in this paragraph. 24. Denied as a conclusion of law to which no response is required. 25. Denied as a conclusion of law to which no response is required. 26. Denied as a conclusion of law to which no response is required. 27. Denied as a conclusion of law to which no response is required. 28. Denied. Plaintiff denies any characterization of their bills as inflated or overstated. Plaintiff denies that they have been paid in full by Penn National for services rendered. 29. Denied as a conclusion of law to which no response is required. By way of further answer, Plaintiff denies that the bills are not consistent with any payment schedule. 30. Denied as a conclusion of law to which no response is required. By way of further answer, Penn National has approved Plaintiff s completion of work on the property and authorized the payment of Plaintiff's outstanding balance but Defendant has refused to cooperate with processing the claim. 31. Denied as a conclusion of law to which no response is required. By way of further answer, Defendant had the time and opportunity to read, understand, and enter into an agreement with Plaintiff or another company if he chose to. WHEREFORE, Plaintiff requests the relief as set forth in the Complaint. c,-d,-q GREGORY J. ALLARD, ESQUIRE Attorney for Plaintiff VERIFICATION The undersigned, GREGORY J. ALLARD, hereby certifies that he is Plaintiffs counsel in the within, action and that he is authorized to make this verification on behalf of Plaintiff and that the foregoing facts are true and correct to the best of his knowledge, information and belief and further states that false statements contained herein are made subject to the penalties of 17 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. GREGORY J. ALLARD, ESQUIRE J. SCOTT WATSON, P.C. BY: GREGORY J. ALLARD, ESQUIRE Identification Number 92218 24 Regency Plaza Glen Mills, Pennsylvania 19342 (610) 358-9$00 Attorney for Plaintiff RESTORECIORE INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS V. DANIEL M. JONES and CYNTHIA C. JONES and PENN NATIONAL SECURITY INSURANCE COMPANY and PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY and PENN NATIONAL INSURANCE NUMBER 2012-285-CIVIL CERTIFICATION OF SERVICE I do hereby certify that service of a true and correct copy of the within Reply to New Matter of Defendants Daniel M. Jones and Cynthia C. Jones was made on the 23`d day of May, 2012, to the lbelow-named by United States Mail, postage pre-paid. Daryl E. Christopher, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 Mark Romah Penn National Insurance PO Box 3880 Harrisburg, PA 17105 l GREGORY J. ALLARD, ESQUIRE Attorney for Plaintiff