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Home My WebLink About12-0584Andrew C. Seely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) KATHLEEN Y. FURR, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. 12- WILLIAM l? CLIFFORD, trading as CIVIL ACTION LAW and doing business as µ_. WILLIAM CLIFFORD KITCHENS, --J ?-- - rn T- Defendant cn r -c -+i:-; NOTICE You have been sued in court. If you wish to defend agaihst 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 TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 (717) 249-31 By: DREW C. SHEELY Attorney for Plaints. Pa. I.D. No. 62469 127 S. Market Street P.O. Box 95 O Mechanicsburg, PA 17055 S (717) 697-7050 103. -1Srd'A J 3go9 70 TO- ?4- ?? Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (]Fax) KATHLEEN Y. FURR, Plaintiff VS. WILLIAM CLIFFORD, trading as and doing business as WILLIAM CLIFFORD KITCHENS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 12- CIVIL ACTION - LAW COMPLAINT Plaintiff, Kathleen Y. Furr, by and through counsel of Andrew C. Sheely, Esquire, hereby files this Complaint and respectfully states as follows: 1. Plaintiff, Kathleen Y. Furr, (hereinafter referred to as "Plaintiff") is an adult individual residing at 103 East Elmwood Avenue, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant William Clifford (hereinafter referred to as "Defendant") is an adult individual who trades and does business as William Clifford Kitchens at 33 Peach Orchard Road, Newville, Pennsylvania 17241. 3. On or about April 18, 2011, Plaintiff contracted with Defendant to modify Plaintiff's kitchen cabinets and construct a custom made seating area in Plaintiff's kitchen. A copy of the written contract is attached hereto as Exhibit "A". 4. On or about July 6, 2011, Plaintiff contracted with Defendant to modify Plaintiff's kitchen table top to match the cabinets at a cost of $600.00. A copy of the written contract is attached hereto as Exhibit "B". 5. Plaintiff believes and avers that the cost to construct and install the custom made wooden bench, seating area and table (hereinafter collectively referred to as "kitchen nook and table") was $3,000.00 as part of the total costs incurred by Plaintiff. 6. Prior to constructing the custom seating area and table, Plaintiff requested Defendant to build the kitchen nook and table to a height of eighteen (18) inches to match existing chair heights used by Plaintiff in kitchen and dining room. 7. Defendant, at all relevant times, advised Plaintiff that Defendant could construct the kitchen nook and table in a manner to match the height of Plaintiff's existing chairs used by Plaintiff in her kitchen and dining room. 8. Defendant thereafter constructed and installed the kitchen nook and table in early September of 2011. 9. After installation of the kitchen nook and table, Plaintiff discovered that the bench seat attached to the wooden nook was approximately three (3) inches higher than the existing chairs used by Plaintiff in her kitchen and dining room. 10. No change order was agreed to by Plaintiff to permit 2 the construction of the bench seat of the nook' seating area as constructed by Defendant. 11. After installation of the kitchen nook and table, Plaintiff discovered that that the bench seat of the kitchen nook was too high preventing Plaintiff's feet from touching the floor requiring the use of a block stool as a foot rest when using the bench seat and table. 12. Absent the use of a block stool as a footrest, Plaintiff experiences substantial discomfort to her legs and lower back when seated at the wooden bench seat and table. 13. Plaintiff anticipated use of seat cushions with the wooden bench increases the height and the inability of Plaintiff's feet to reach the floor when using the kitchen nook and table. 14. Defendant did not construct the kitchen nook and table in a quality and workmanlike manner as Defendant represented to Plaintiff. 15. Defendant did not install the kitchen nook and table in a quality and workmanlike manner as Defendant represented to Plaintiff. 16. Plaintiff cannot use the kitchen nook and table as Defendant represented to Plaintiff. 17. After installation, Plaintiff repeatedly requested Defendant to reconstruct or repair the kitchen nook and table 3 for reasonable use by Plaintiff as represented by Defendant. 18. Despite repeated demands, Defendant has not attempted to reconstruct or repair the kitchen nook and table for Plaintiff's reasonable use as represented by Defendant. 19. Plaintiff has attempted to minimize her damages prior to instituting the above-captioned civil action. COUNT 1 - BREACH AGREEMENT 20. Paragraphs 1 - 19 are incorporated herein as if set forth at length. 21. Defendant breached the written agreement and representations with Plaintiff by failing to construct the kitchen nook and table for use by Plaintiff in a normal and customary fashion. 22. Plaintiff fully complied with the agreement with Defendant by paying Defendant for all amounts as requested by Defendant and required by the agreements. 23. Defendant, after repeated demands from Plaintiff, has refused to construct the kitchen nook and table as represented to Plaintiff and agreed to by Defendant. 24. Defendant failed to construct the kitchen nook and table in a quality and workmanlike manner for use by Plaintiff in normal. and reasonable fashion. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment in favor of Plaintiff and against 4 Defendant in the amount of three thousand dollars ($3,000.00), together with costs, an amount requiring compulsory arbitration. COUNT 2 - UNFAIR TRADE PRACTICES 25. Paragraphs 1 - 24 are incorporated herein as if set forth at length. 26. Defendant is in the business of advertising, offering for sale and services of tangible personal property and engages in trade and commerce in Pennsylvania as defined within and regulated by the Pennsylvania Unfair Trade Practices and Consumer Protection Law, 73 P.S. 201-1 - 201-9.2, et. seq. 27. Defendant's failure to construct the kitchen nook and table in a quality and workmanlike manner violates the Pennsylvania Unfair Trade Practices and Consumer Protection Law by: a. Failing to construct the kitchen nook and table in a quality and workmanlike manner as represented by Defendant; and b. Making false and misleading representations that Defendant was capable of constructing the kitchen nook and table in a quality and workmanlike manner for reasonable and comfortable use by Plaintiff; and C. Engaging in fraudulent representations and conduct upon which Plaintiff relied to her detriment; and d. Making improvements to real and personal property of a nature of` inferior quality or below to the standard agreed to 5 with Plaintiff; and e. Failing to properly register and identify his business in accordance with applicable laws and regulations governing home interior construction services in which Defendant performs regular and routine services. 28. As a result of Defendants failure to comply with the provisions of said Act, Plaintiff has incurred damages exceeding $3,000.00 and attorney fees at the rate of $150.00 per hour, along with additional delays, expenses and aggravation caused by Defendant. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment in favor of Plaintiff and against Defendant in the amount of three thousand dollars ($3,000.00), and an award up to three times the actual damages sustained by Plaintiff, but not less than one hundred dollars ($100.00), and additional relief as it deems necessary or proper, including reasonable attorney fees, an amount requiring compulsory arbitration. Arewn4 tful y s Date: January 2&, 2012 C. Sheely, Esqui Attorney for P ain 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 717-697-7050 717-697-7065 (fax) andrewc.sheely@verizon.net 6 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that unsworn statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. DATE: January 26, 2012 Kat leen Y. Furr Exhibit "A" Proposal NO SHEET NO. --p? DATE PROPOSAL SUBMITTED TO: NAME ADDRESS /?3 CITY, SATE, ZIP ,, ?s? h %:1 1 0 S PHONE NO. WILLIAM CLIFFORD KITCHENS Counter Tops & Cabinets with a Custom Touch 33 Peach Orchard -Road Newville, PA 17241 (717) 486-4425 or (717877-1490 • Free Estimates • 25 Years Experience mac' • Professional Installation • Custom Kitchens • Custom Counter-Tops • Cabinet Refacing We hereby propose to furnish the materials and perform the labor necessary for the completion of -{ „, # icl "41 l i ;. I ?sn 7 .- i f / J ri r C F ( li t 1' - S li 1 j-, t 'A u 1." Cr L "' t?lal i - / ' 1 t Yrl > t i . t, O U ?S ? ?j v S ?S) C ? V i C C, C/- !'- vti ('?) All material is guaranteed to be as specified, and the above work to be performed in accor ance with the drawings and specifications submitted for above work and completed in a substantial workmanlike manner for the sum of Dollars ($? ?y..aU iw ) with payments to be made as follows. Respectfully submitted Any alteration or deviation from above specifications involving extra cosh CC t 1 i ?! Per - will be executed only upon written order, and will become an extra charge over annQQ alwve the estimate All agreements contingent upon strikes, Note - This proposal may be withdrawn t l ro . accideM'A, or delay: beyond our con 11 by us if not accepted within ?V days ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are satisfactory and are hereby acre ed. You are authorized to do the work as specified. Payments will be made as outlined above. Signatura - `?', Date Signature Exhibit "B" Proposal NO. SHEET NO. DATE I ' r PROPOSAL SUBMITTED TO: WILLIAM CLIFFORD KITCHENS Counter Tops & Cabinets with a Custom Touch 33 Peach Orchard Road Newville, PA 17241 (717) 486-4425 or (717) 877-1490 NAME r + ' /; f ?f • Free Estimates • 25 Years Experience ADDRESS - , ,J } ?? • Professional Installation • Custom Kitchens CITY, STAT ZIP • Custom Counter-Tops • Cabinet Refacing i PHONE NO. T< - - J ?!) - 1 We hereby propose to furnish the materials and perform the labor necessary for the completion of / C C 1 , .4 L Lam, I 1 All material is guaranteed to be as specified, and the above work to be performed in accordance with the drawings and specifications submitted for above work and completed in a substantial workmanlike manner for the sum of Dollars ($ 0 ) with payments to be made as folios. i r ? j ! t : r C t Respectfully submitted ) f; 300, 60 Any oration or dev atlon from above specifications involving extra costs will be stated only .,on written odor, and will Wemo an extra charge Per over a ve the estimate. All a?eements t' upon strikes, acci nts, s nd our control. Note . his proposal may be withdrawq by us if not accepted within days ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are satisfactory and are hereby accep d. You are authorized to do the wqrk as specified. Payments will be made as outlined above. Signature- Date -' I t Signature ' SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Pr - SHE PRO T i IONOTAR i 2012 FEB 14 AN 10: 01 Richard W Stewart Solicitor OFFij . `-eRIF€ CUMBERLAND COUNT' PENNSYLVANIA Kathleen Y. Furr vs. William Clifford Case Number 2012-584 SHERIFF'S RETURN OF SERVICE 02/03/2012 04:30 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on February 3, 2012 at 1630 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: William Clifford, by making known unto himself personally, at 33 Peach Orchard Road, Newville, Cumberland County, Pennsylvania 17241 its contents and at the same time handing to him personally the said true and correct copy of the same. ??w ? -0<? TIM ELAGf<, DEPUTY SHERIFF COST: $40.45 February 09, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF (c) GounrySuite Sheriff, Teleosoft, In;;. Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) KATHLEEN Y. FURR, Plaintiff vs. WILLIAM CLIFFORD, trading as and doing business as WILLIAM CLIFFORD KITCHENS, Defendant 112HAY 21 PM 12: C9 d-ENNS i ,-VA IA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 12-584 : CIVIL ACTION - LAW PRAECIPE TO SATISFY, SETTLE AND DISCONTINUE TO: DAVID D. BUELL, PROTHONOTARY, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 Kindly mark the above-captioned matter settled, satisfied and discontinued. Date: May 2012 Andrew C. Sheely, Esquir Kathleen Y. Furr, Plaintiff 127 S. Market Street P.O. Box 95 Mechanicsburg, Pennsylvania 17055 717-697-7050 717-697-7065 (fax)