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HomeMy WebLinkAbout12-3084COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of Cumberland Name of appellee(s) MAGISTERIAL DISTRICT JUDGE JUDGMENT COMMON PLEAS No. , oZ 3D 0 I VI V1 NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Magisterial District Judge on the date and in the case referenced below. NOTICE OF APPEAL FROM NAME OF APPELLANT ?'° Josh S Ferguson 09-3-03 Honorable Susan K. Day ADDRESS OF APPELLANT CITY STATE ZIP CODE 805 Tangerine Lane Gulf Stream FL 33483 DATE OF JUDGMENT IN THE CASE OF (Plaintifn Itjerenuanu) 4/17/12 Doris Barnett 5 Josh S Ferguson .,_ SIGNATURE OF APPELLANT OR ATTORNEY OR AGENT MJ-09303-CV-0000048-2012 This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the Magisterial District Judge, will operate as a SUPERSEDEAS to the judgment for possession in this case. G-- J was ClairrfTr-)t (see Pa. R.C.P D.J. No. 1U07(b) In action before a Magisterial District Judge, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before Magisterial District Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon Doris Barnett (Common Pleas No. 19 - 3 0D appellee(s), to file a complaint in this appeal ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. 2- Signat of appellant or attorney or agent RULE: To Doris Barnett appellee(s) Name of appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAYBE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: 5 20/ Signature of ProthonotaryvF9epaty YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-05 ??,? sa 1 p3 . ? PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (1(j) DAYS AFTER filing of the notice of appeal. Check applicable boxes COMMONWEALTH OF PENNSYLVANIA COUNTY OF AFFIDAVIT: I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas No upon the Magisterial District Judge designated there!! (date of service) 20 _ D by personal service ? by (certified) (registered) mail sender's receipt attached hereto, and upon the appellee, (name) on 20 ? by personal serviceD by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF , 20 Signature of official before whom affidavit was made Title of official My commission expires on , 20 Signature of affiant AOPC 312A - 05 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Notice of Judgment/Transcript Civil Case Mag. Dist. No: MDJ-09-3-03 MDJ Name: Honorable Susan K. Day Address: 229 Mill Street P.O. Box 167 Mount Holly Springs, PA 17065 Telephone: 717-486-7672 Josh S Ferguson 9 Village Rd Mechanicsburg, PA 17050 bisposition Summary Doris Barnett V. Josh S Ferguson Docket No: MJ-09303-CV-0000048-2012 Case Filed: 2/24/2012 Docket No P ai tiff Defendant Disposition Disposition Date MJ-09303-CV-0000048-2012 Doris Barnett Josh S Ferguson Default Judgment for Plaintiff 04/17/2012 Judgment Summary Participant Joint/Several Liability Individual Liability Amount Doris Barnett $0.00 $0.00 $0.00 Josh S Ferguson $0.00 $12,177.38 $12,177.38 Judgment Detail (`Post Judgment) In the matter of Doris Barnett vs. Josh S Ferguson on 4/17/2012 the disposition is Default Judgment for Plaintiff and judgment was awarded as follows: Judament Component Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $0.00 $12,000.00 $12,000.00 Filing Fees $0.00 $143.00 $143.00 Server Fees $0.00 $34.38 $34.38 Grand Total: $12,177.38 ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARYICLERK OF COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES. OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. ,'?`°.`-?: ONY.?E UDGI?EIS ITE?R€D`1t1'7riE?i5ITF2?"`SF GO?I?FI???AS;'?T?1=`SIN`I`E?571=CflN'1'f?I?.JUfSCiIUIE'FI'T'NIAY°F'ICE7?'--?"' REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. ZA Date Magisterial District Judge Susan K. Day I certify that this is a true and correct copy o the record o the proceedings containing the judgment. Date Magisterial. District Judge MDJS 315 Page 1 of 2 Printed: 04/17,2012 2:40:30PM Doris Barnett Docket No.: MJ-09303-CV-0000048-2012 V. Josh S Ferguson Participant List Plaintiff(s) Doris Barnett 598 Boxwood Lane Carlisle, PA 17015 Defendant(s) Josh S Ferguson 9 Village Rd Mechanicsb_ur9, PA 17050 MDJS 315 Page 2 of 2 Printed: 04/17;2012 2:40:30PM i E N- A 3E' . N!??OU?JqT WIC (? N 4 7 rat U PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served 3QFq -? a copy of the Notice of Appeal, Common Pleas No. ?? I , upon the Magisterial District Judge designated therein on (date of service), 20 tg2 ., ? by personal service {Ef?by ertifie (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) , on 5XR / , 20 ? by personal service0'-- by ertifie registered) mail, sender's receipt attached hereto. (SWO j?N)) FFIRMED1AND SUBS RIBED BEFORE ME THIS DAY 4F 1,7 4 Y 20 Signature of official before whom affidavit was made 611, Title of offi ial My commission expires onl, 20 ! ?- r COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Sue Ann C. willi m, Notary Public Will*um 'rmqh C b*W Ca t15 -OM w4h? M gtL Signature of aSi AOPC 312A - 05 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of Cumberland iNO"I-ICE OF APPEAL FROM i MAGISTERIAL DISTRICT JUDGE JUDGMENT oL _ 308V COMMON PLEAS No. NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Magisterial District Judge on the date and in the case referenced below. NAME OF APPELLANT MAG. DIST. N0. NAME OF MDJ Josh S Ferguson 09-3-03 Honorable Susan K. Day ADDRESS OF APPELLANT CITY STATE ZIP CODE 805 Tangerine Lane Gulf Stream FL 33483 DATE OF JUDGMENT IN THE CASE OF (Plaintiff) (Defendant)' 4/17/12 Doris Barnett 5 Josh S Ferguson DOCKET No. SIGNATURE OF APPELLANT OR ATTORNEY OR AGENT MJ-09303-CV-0000048-2012 This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the Magisterial District Judge, will operate as a SUPERSEDEAS to the judgment for possession in this case. appellant was Clainl?g-nt (see Pa. R.C.P.D.J. No. 1001(6) in action before a Magisterial District Judge, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. Signature of Prothonotary or PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before Magisterial District Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon Doris Barnett Name of appellee (s) appellee(s), to file a complaint in this appeal (Common Pleas No. ' a - SQO I ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. -2 -, i Signat f appellant or attorney or agent RULE: To Doris Barnett Name of appellee(s) appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: S 20/ 1) ? . V,4a e a- Signature of Prothonotary @,- 99eaty YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-05 ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦! Print your name and address on the reverse o that we can return the card to you. ¦I, so this card to the back of the mailpiece, or on the front if space permits. 1.! Article Addressed to: A. Signature A. ? Agent . !r/? ? Addressee B ived n Name) ! C. Date elivery D. Is delivery address different from item 1? -IA Yes If YES, enter delivery address below: ? No 3. Service Type ?. ,/ 6ertified Mail 13 Express Mail /J ? Registered ? Return Receipt for Merchandise C/ ' S ? Insured Mail ? C.O.D. / -74 /5 4. Restricted Delivery? (Extra Fee) ? Yes 2J, Article Number 7011 3500 0002 8819 6809 (Transfer from service label) P$ Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 ¦ Complete items 1, 2, and 3. Also complete ,it 4 if Restricted Delivery is desired. ¦ rint your name and address on the reverse so that we can return the card to you. ¦ UAttach this card to the back of the mailpiece, or on the front if space permits. 1?.G1,Atticle Addressed to: ?',?s f C f O 9- 3- v_3 A. Signature X ? Agent ? Addressee B. Recerogd p y ( Prints me) C?Dpte? f Aeliv W11 J r7 D. Is delivery address different from Item 1? L l Yes If YES, enter delivery address below: ? No 22 /P Service Type O 1 ? 7 c 13 R°' ^Reie Mail 1:1 Express Mail Registered ? Return Receipt for Merchandise / ? Insured Mail ? C.O.D. 4 5 /70 4. Restricted Delivery? (Extra Fee) ? Yes /7a L L" / 2.'IArtioleNumber 7011 3500 0002 8819 6823 (1asfer from service labeq - 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 CERTIFICATE OF SERVICE I, James F. Logue, ESQUIRE, hereby certify on this 24th day of May, 2012 a true and correct copy of the Notice of Appeal and Rule to File Complaint was served upon the Appellee and Magisterial District Judge at the address listed below by U.S., First Class Mail: Doris Barnett 598 Boxwood Lane Carlisle, PA 17015 Hon Susan K. Day Dist Ct. 09-3-03 229 Mill St. PO Box 167 Mt. Holly Springs, PA 17065 Respectfully submitted, CONNOR, WEBER & OBERLIES By: ames F. Logue, Attorney I.D. # 202170 171 W. Lancaster Ave. Paoli, PA 19301-1775 (610) 640-2805 Fax: (610) 640-1520 t !t , IN THE COURT OF COMMON PLEAS ?, OF CUMBERLAND COUNTY, PENNSYLVANIA PEA/$ r"L s; i , DORIS BARNETT, Plaintiff CIVIL ACTION - LAW JOSHUA S. FERGUSON, individually, and d/b/a J FERGUSON CONTRACTING, Defendants NO. 12- 3084 NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following Complaint, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Phone: (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DORIS BARNETT, Plaintiff CIVIL ACTION - LAW JOSHUA S. FERGUSON, individually, and d/b/a J FERGUSON CONTRACTING, Defendants NO. 12- 3084 COMPLAINT AND NOW, this day of June, 2012, comes the Plaintiff, Doris Barnett, by and through her attorneys, BAYLEY & MANGAN, and files this Complaint and in support thereof avers as follows: 1. Plaintiff,, Doris Barnett, is an adult living at 598 Boxwood Lane, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendant, Joshua S. Ferguson, is an adult living at 805 Tangerine Lane, Gulf Stream, FL 33483. 3. Defendant Ferguson did conduct and operate a home improvement business under the name "J Ferguson Contracting" and was located at 9 Village Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 4. On or about September 1St, 2011, Defendant, Ferguson, agreed to perform in a competent and workmanlike manner an extensive amount of work/improvements on Plaintiff s home. 5. Defendant Ferguson proceeded to work on Plaintiff s home and, subsequently invoiced her for said work. 6. Per invoice dated September 19, 2011, Defendant described the completed work as demo island unit and associated pieces, add LF base cabinetry, 2 upper cabinets at window, replace countertops, refinish cabinetry and installation costs. The amount charged for said work and paid by Plaintiff was Four Thousand, Seven Hundred Dollars ($4,700.00). The estimate for completion was Six Thousand, Three Hundred Dollars ($6,300.00). A copy of that invoice is attached hereto as Exhibit A and incorporated by reference as if fully set forth herein. 7. A second invoice was submitted on October 12, 201, for additional One Thousand, Two Hundred Thirty Dollars ($1,230.00). Leaving a balance of Eight Hundred Dollars ($800) to complete the work, this was paid by the Plaintiff on October 19, 2011. A copy of that invoice is attached hereto as Exhibit B and incorporated by reference as if fully set forth herein. 8. The Defendant has performed in a poor, improper and unworkmanlike manner, by negligently installing the cabinets and countertops. This performance includes but is not limited to the cabinet doors have not been hung correctly, the laminate counters are not adhered correctly, the knobs are falling off, some pieces are not stained to match, some cabinets are falling apart and a drawer was not installed correctly. 18. Defendant's workmanship, in its entirety, was shoddy and incompetent. 19. In order to remedy Defendant's errors, Plaintiff will be forced to spend an estimated Ten Thousand, Five Hundred Dollars ($10,500.00) to repair the damage, possibly much more. COUNT I. BREACH OF CONTRACT 20. Paragraphs 1 -19, above, are incorporated by reference as if fully set forth herein. 21. There is a contract in place between the parties, as evidenced by Exhibits A and B. 22. As specified in detail above, Defendant failed to perform as required under the contract. 23. The failure of Defendant to complete the work in a satisfactory workmanlike manner has cost the Plaintiff a significant sum of money, lost time, aggravation, and deprived her of the enjoyment of her property. 24. Defendant breached the contract. 25. Plaintiff has substantially performed under the contract by paying in full the sums invoiced by Defendant, to wit, Six Thousand, Three Hundred Dollars ($6,300.00). 26. The cost to remedy the shortcomings in Defendant's work is an estimated Ten Thousand, Five Hundred Dollars ($10,500.00). WHEREFORE, Plaintiff requests that judgment be entered in her favor and against Defendant for the sum of Sixteen Thousand, Eight Hundred Dollars ($16,800), plus costs, expenses, interest and attorney fees. COUNT II. UNJUST ENRICHMENT 27. Paragraphs 1 - 27, above, are incorporated by reference as if fully set forth herein. 28. Plaintiff provided Defendant with Six Thousand, Three Hundred Dollars ($6,300.00). 29. Defendant has essentially left Plaintiff without any substantial asset in exchange for said money. 30. In fact, the work performed by Defendant, as described in detail above, is so defective as to be essentially worthless. 31. Defendant has thus been unjustly enriched in the amount of Six Thousand, Three Hundred Dollars ($6,300.00). WHEREFORE, Plaintiff requests that judgment be entered in her favor and against Defendants for the sum Six Thousand, Three Hundred Dollars ($6,300.00), plus costs, expenses, interest and attorney fees. COUNT III. BREACH OF IMPLIED WARRANTIES 32. Paragraphs 1 - 31, above, are incorporated by reference as if fully set forth herein. 33. Defendant impliedly warranted that the work performed would be of a reasonable quality and workmanship. 34. Defendant breached the implied warranty in that the work performed by Defendant, as described in detail above, is so defective as to be essentially worthless. 35. As a direct and proximate result of the breach of implied warranty, Defendant has caused the following damages to Plaintiff: a. the payment of Six Thousand, Three Hundred Dollars ($6,300.00) to Defendant, in return for which Defendant failed to complete the contracted work in a safe, useable, functional, and aesthetic manner; and b. the cost to remedy and/or entirely repeat the contracted work, estimated at Ten Thousand, Five Hundred Dollars ($10,500.00). WHEREFORE, Plaintiff requests that judgment be entered in her favor and against Defendants in the amount of Sixteen Thousand, Eight Hundred Dollars ($16,800), plus costs, expenses, interest and attorney fees. Respectfully submitted, BAYLEY & MANGAN Brian O. Williams 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court ID # 209610 Attorneys for Plaintiff EXHIBIT A PROJECT: BARNETT'KITCHEN REMODEL J FERG U SON CONTRACTING MECHANICSBURG PA17050 717.329.8998 DATI Or 09 2011 Rev. Rev. 2 JOB ADDRESS: 598 BOXWOOD LANE 041 111 20 1, CARLISLE PA SCHEDULE OF VALUES / ESTIMATE VALUE % BII,LABI,I' SCOPE Of WORK:- ? 800.00 i0C`3o $ 800.00 1 DEMO ISLAND UNIT R- ASSOCIATED PIECES $ 1,200.00 60`%, ? 720.00 2 ADD 13 LF BASE CABINETRY $ 1,000.00 50%, $ 500.00 3 ADD 2 UPPER CABINETS AT WINDOW SONART GRANITE 4550K) 1,800.00 1.00`% ? 1,800.00 4 REPLACE COUNTER TOPS - (WIL TING KITCHEN CABINETRY $ 1,000.00 20`% 200.00 $ 5 RE-FINISH EXIS ORS AND HARDWARE AS REQUIRED 6 INSTALL, NEW DO 0`% ? 250.00 $ 500.00 , 5 7 INSTALLATION COSTS TOTALEJST -E X ADD: NEW SHUT OFF'S AND SUPPLY LINES UNDER SINK X ADD: TALL STORAGE X ADD: SHELF ON TOP OF UPPER CABINETRY X,/ <?4b NO'T' 1 2 3 L'AYMENT TE_RMS;_ ONE/ THIRD.REQUIRED FOR DEPOSIT ONE /'THIRD REQUIRED FIRST DAY ON JOB FINAL PAYMENTS REQUIRED AT COMPLETION $ 6,300.00 $ 4,270.00 Total Completed $ 4,270.00 9.12.2011 _Deposit $ 1,500.00 Total Billable Dollars $ 2,770.00 n ?? PROJECT: BARNETT KITCHEN REMODEL DATE: Org. Ci n 01 Rev. 1 09.19.2011 JOB ADDRESS: 598 BOXWOOD LANE CARLISLE PA J FERGUSON CONTRACTING MECHANICSBURG PA 17050 717.329.8998 Cu Sq0MccZ (?N q l is (20\ k SCHEDULE OF VALUES / ESTIMATE S _OP_E_OP_WORK`__F-STIMATFD - 1 DEMO ISLAND UNIT & ASSOCIATED PIECES 2 ADD 13 LF BASE CABINETRY 3 ADD 2 UPPER CABINETS AT WINDOW 4 INSTALL NEW COUNTER TOPS 5 RE-SURFACE CASEWORK 6 INSTALLATION COSTS TOT VALUE % BILLABLE $ 800.00 $ 1,200.00 $ 1,000.00 $ 1,800.00 $ 1,000.00 $ 500.00 C-' 6,300.00 SCOI'I"-.OF_WSO-RK:,-BTIMATED - 2 1 RF-FINISH EXISTING KITCHEN CABINETRY 2 REPLACE DOORS AND HARDWARE 3 INSTALL NEW CABINETRY EXTEND EXISTING CABINETRYAPPROX 12' 4 REPLACE COUNTER TOPS - FINISH TO BE DETERMINED S` O 'LOTA>._ESTIMATE. $ - ESTIMATES GOOD FOR 45 DAYS. NOT ES; 1 2 3 PAYMENT TERMS. ONE /THIRD REQUIRED FOR DEPOSIT ONE / THIRD REQUIRED FIRST DAY ON JOB FINAL. PAYMENTS REQUIRED AT COMPLETION EXHIBIT B PROTECT: BARN= ITCHEN REMODE DA1"1 Org. 09.19.2011 Rev. 1 09.20.2011 Rev. 2 10.12.2011 OD LANE )OB ADDRI SS: 398 LO P CAR FERGUSON CONTRAC'T'ING 10 MECHANICSBUR 717.329-8998 SCHEDULE OF VALUES / ESTIMATE SCOPE O-L!ORIS: I DEMO ISLAND UNIT & ASSOCIATED PIECES 2 ADD 13 I,F BASE CABINETRY 3 ADD 2 UPPER CABINETS AT WINDOW 4 REPLACE COUNTER TOPS - (WILSONART GRANITE 4550K) 5 RE-FINISH EXISTING KITCHEN CABINETRY 6 INSTALL NEW DOORS AND HARDWARE AS REQUIRED T ?TCT nTyTy?!"T? COST 5 VALUE % BIl,l,ABI,E 800.00 100`y. $ 800.00 $ 1,200.00 $ 1,000.00 $ 1,800.00 $ 1,000.00 100% $ 1,200.00 100% 100°% 50% $ 1,000.00 $ 1,800.00 $ 500.00 200.00. 500.00 40% $ 6,300.00 $ 5,500.00 X ADD: NEW SHUT OFFIS AND SUPPLY LINES UNDER SINK Total Completed $ 5,500-00- X ADD: ?l ALL STORAGE To X ADD: SHELF ON TOP OF UPPER CABINETRY 500.00-W X 9.12.2011 _Deposit $ 11 2,770.00- 9.20.2011 SOV 1 1 NOT 2 Total Billable Dollars $ 1230.00- 3 .00 800 Balance To Completion $ PAYNIFNT "r1 RW- FOR DEPOSIT ONE / THIRD REQUIRED ONE / PTIJIRD AYMENTS REQUIRED T COMPLETION FINAL PAYMENTS ?.? alb _ 4f r?5 1?. __G CERTIFICATE OF SERVICE I, Brian O. Williams, Esquire do hereby certify that I this day served a copy of the forgoing document upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: James F. Logue, Esquire 171 W Lancaster Ave Ste 100 Paoli, PA 19301 Josh S Ferguson 805 Tangerine Lane Gulf Stream, FL 33483 Brian O. Williams, Esquire VERIFICATION I verify that I am the Plaintiff and that the statements made in the foregoing Complaint 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. Da DoriBarnett FILED-OFFICE OF THE PROTHONOTARY CONNOR, WEBER & OBERLIES By: JAMES F. LOGUE, ESQUIRE Attorney Identification No.: 202170 171 W. Lancaster Avenue, Ste. 100 Paoli, Pennsylvania 19301 610-640-2805 Attorney for Defendants DORIS BARNETT, Plaintiff V. JOSHUA S. FERGUSON, individually, and d/b/a J FERGUSON CONTRACTING: Defendants IN THE COURT OF COMMON PL OF CUMBERLAND COUNTY, PA No.: 12-3084 CIVIL ACTION - LAW NOTICE TO PLEAD TO: DORIS BARNETT You are hereby notified to file a written response to the enclosed Defendants' with New Matter to Plaintiffs Complaint within twenty (20) days from service hereof judgment may be entered against you. 2C 12 JUL 13 PM 1: 16 CUMBERLAND COUNTY JAMES F. LOGUE, ESQUIRE a Attorney for Defendants CONNOR, WEBER & OBERLIES By: JAMES F. LOGUE, ESQUIRE Attorney Identification No.: 202170 171 W. Lancaster Avenue, Ste. 100 Paoli, Pennsylvania 19301 610-640-2805 Attorney for Defendants DORIS BARNETT, Plaintiff V. JOSHUA S. FERGUSON, individually, and d/b/a J FERGUSON CONTRACTING: Defendants IN THE COURT OF COMMON P1 OF CUMBERLAND COUNTY, PA No.: 12-3084 CIVIL ACTION - LAW ANSWER WITH NEW MATTER AND NOW, this I Oh day of July, 2012, come the Defendants, Joshua S. Ferguson, individually, and d/b/a J Ferguson Contracting, by and through their attorneys, Connor, We Oberlies, and file the within Answer with New Matter, and in support thereof aver as follows: 1. Admitted on information and belief. 2. Admitted. 3. Admitted. 4. Denied as stated. Plaintiff verbally requested, and Defendant agreed, to install kitchen cabinetry at Plaintiff's residence. By way of further answer, Defendant was a close family friend with Plaintiff and Plaintiff's son. Defendant recommended that Plaintiff replace cabinetry and furnishings located in Plaintiff's twenty (20) year-old kitchen. Plaintiff, insisted that Defendant perform repairs, in an effort to save money. It is specifically denied Defendant agreed to perform "an extensive amount of work/improvements on Plaintiff's home." 5. Denied as stated. Defendants performed satisfactory and professional repair at Plaintiff's residence, and subsequently invoiced Plaintiff for their fair and reasonable rates the work that was performed. 6. Denied. The invoice is a written document which speaks for itself and any andlall characterizations thereof are denied. By way of further answer, the attached invoice an amount charged of Four Thousand Two Hundred Seventy Dollars ($4,270.00), and not the amount of Four Thousand Seven Hundred Dollars ($4,700.00) that Plaintiff references, and, therefore, it is specifically denied that Plaintiff paid that amount. In addition, the stated' for the said job, as referenced on page 2 of Exhibit "A" was Six Thousand Three Hundred Dollars ($6,300.00). Defendant provided Plaintiff with a hand-written billable amount, as is evidenced on page 2 of Exhibit "A". 'Therefore, it is specifically denied that the estimate for completion was Six Thousand Three Hundred Dollars ($6,300.00). Further, the "invoice" Plaintiff refers to is titled "Schedule of Values/Estimate." 7. Denied. The invoice is a written document which speaks for itself and any and characterizations thereof are denied. By way of further Answer, and as referenced in Exhibit "B", Plaintiff only paid One Thousand Eighty Dollars ($1,080.00) of the One Thousand Two Hundred Thirty Dollars ($1,230.00) that was billed. Additionally, the invoice that Plaintiff references is dated October 12, 2011, and not October 12, 201. Further, the "invoice" that Plaintiff refers to is titled "Schedule of Values/Estimate." 8. Denied. All of the work performed by Defendants was in a good and workmanlike manner, and in conformance with industry standards. By way of further answer, Plaintiff willfully interfered with Defendants and their agents during the course of the job. 9-17. Plaintiff has omitted Paragraphs 9 through 17, and, therefore, no responsive pleading is necessary. 18. Denied. All of the work performed by Defendant was in a good and manner, and in conformance with industry standards. 19. Denied. It is specifically denied that Defendant has caused any damage to the Plaintiff. By way of further Answer, Plaintiff has failed to attach any estimates and/or any detailed justification for the alleged damages requested. COUNT I. BREACH OF CONTRACT 20. Defendant incorporates his responses to Paragraphs 1-19 by reference as if set forth herein. 21. Denied. Paragraph 21 constitutes a conclusion of law to which no response is required and is hereby denied. By way of further answer, it is specifically denied that a ever existed in this matter. 22. Denied. By way of further answer, it is specifically denied that a contract ever existed in this matter. All of the work performed by Defendants was in a good and manner, and in conformance with industry standards. 23. Denied. Paragraph 23 constitutes a conclusion of law to which no response is required and is hereby denied. 24. Denied. Paragraph 24 constitutes a conclusion of law to which no response is required and is hereby denied. By way of further answer, it is specifically denied that a ever existed in this matter. 25. Denied. Paragraph 25 constitutes a conclusion of law to which no response is required and is hereby denied. By way of further answer, Plaintiff only paid Defendant Six Thousand One Hundred Fifty Dollars ($6,150.00), and still owes Defendant One Hundred Fif Dollars ($150.00), and, therefore, it is specifically denied that Plaintiff has substantially performed under any alleged contract. By way of further answer, it is specifically denied that contract ever existed in this matter. 26. Denied. It is specifically denied that Defendant has caused any damage to the Plaintiff. By way of further Answer, Plaintiff has failed to attach any estimates and/or any detailed justification for the alleged damages requested. WHEREFORE, Defendants respectfully request that the relief requested in Plaintiff's Complaint be denied and that judgment be entered in their favor. COUNT II. UNJUST ENRICHMENT 27. Defendant incorporates his responses to Paragraphs 1-26 by reference as if set forth herein. 28. Denied as stated. Plaintiff paid Defendant $6,300.00 for the suitable work he performed pursuant to a verbal agreement to install kitchen cabinetry. 29. Denied. 30. Denied. All of the work performed by Defendants was in a good and workmanlike manner, and in conformance with industry standards. 31. Denied. Paragraph 31 constitutes a conclusion of law to which no response is required and is hereby denied. Defendants were rightfully compensated for the work they performed in a good and workmanlike manner. WHEREFORE, Defendants respectfully request that the relief requested in Plaintiff's Complaint be denied and that judgment be entered in their favor. COUNT III. BREACH OF IMPLIED WARRANTIES 32. Defendant incorporates his responses to Paragraphs 1-31 by reference as if set forth herein. 33. Paragraph 33 constitutes a conclusion of law to which no response is required is hereby denied. 34. Paragraph 34 constitutes a conclusion of law to which no response is required is hereby denied. 35. Paragraph 35 constitutes a conclusion of law to which no response is required is hereby denied. WHEREFORE, Defendants respectfully request that the relief requested in Plaintiff's Complaint be denied and that judgment be entered in their favor. NEW MATTER 36. By way of further answer, Defendant avers the following New Matter and incorporates by reference their answers contained in paragraphs 1 through 35 as tho the same were set forth at length hereinafter. 37. Plaintiffs Complaint fails to state a claim or cause of action upon which rel can be granted. 38. Plaintiffs claims are barred, governed and/or limited by the applicable statute of limitations. 39. Plaintiffs recovery of damages, if any, is reduced and/or eliminated be4 Plaintiff failed to mitigate her damages. 40. Some or all of Plaintiff's requests are barred by the doctrine of laches. 41. Some or all of Plaintiff's requests are barred by acquiescence. 42. Some or all of Plaintiff's requests are barred by waiver. 43. Some or all of Plaintiff's requests are barred by equitable estoppel. 44. Some or all of Plaintiff's requests are barred by consent. 45. Some or all of Plaintiff s requests are barred by the doctrine of unclean hands. 46. Plaintiff s claims may have been contributed to, in whole or in part, by conditi or circumstances beyond the control of Defendants. WHEREFORE, Defendants respectfully request that the relief requested in Plaintiff's Complaint be denied and that judgment be entered in their favor. Respectfully submitted, CONNOR, WEBER & OBERLIES By: ??. ?AMES F. LOGUE, ESQUIRE Attorney ID # 202170 171 W. Lancaster Avenue, Ste. 1 Paoli, Pennsylvania 19301 610-640-2805 Attorneys for Defendants CERTIFICATE OF SERVICE I, JAMES F. LOGUE, ESQUIRE, hereby certify on this 1011, day of July, 2012 a true correct copy of the Answer with New Matter was served upon counsel of record for Plaintiff at the address listed below by U.S., First Class Mail: Brian O. Williams, Esq. Bayley & Mangan 17 W. South St. Carlisle, PA 17013 CONNOR, WEBER & OBERLIES, P.C. By: F. LOG , ESQUIRE Attorney for Defendants VERIFICATION I, Joshua S. Ferguson, am an authorized representative for the Defendants, and I verify that the statements contained in the foregoing Answer with New Matter are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unswom falsification to authorities. X/zolZ DATED: 0'7/0qIZ10tL. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DORIS BARNETT,' Plaintiff -? M "' rri ? Z:71 CIVIL ACTION - LAW f, r- u-? -< cap NO. 12- 3084 JOSHUA S. FERGUSON, individually, and d/b/a J FERGUSON CONTRACTING, Defendants PLAINTIFFS' ANSWER TO DEFENDANT'S NEW MATTER AND NOW, come Plaintiffs by and through their attorney, Brian O. Williams, Esquire, and answer Defendants' new matter as follows: 36. No response necessary. 37. Denied. Said averment consists of a legal conclusion; no response is necessary. 38. Denied. Said averment consists of a legal conclusion; no response is necessary. 39. Denied. Said averment consists of a legal conclusion; no response is necessary. 40. Denied. Said averment consists of a legal conclusion; no response is necessary. 41. Denied. Said averment consists of a legal conclusion; no response is necessary. 42. Denied. Said averment consists of a legal conclusion; no response is necessary. 43. Denied. Said averment consists of a legal conclusion; no response is necessary. 44. Denied. Said averment consists of a legal conclusion; no response is necessary. 45. Denied. Said averment consists of a legal conclusion; no response is necessary. 46. Denied. As way of further answer, Defendant's averment is too vague to answer. favor. Wherefore, answering Plaintiffs requests the Court to enter judgment in their Respectfully submitted, BAYLEY & MANGAN Brian O. Wi iams 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court ID # 209610 Attorneys for Plaintiff VERIFICATION I verify that I am the Plaintiff and that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties 18 Pa. C. S. 4904, relating to unworn falsification to authorities. Date: 15oris arnett CERTIFICATE OF SERVICE I, Brian O. Williams, Esquire do hereby certify that I this day served a copy of the forgoing document upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: James F. Logue, Esquire 171 W Lancaster Ave Ste 100 Paoli, PA 19301 Josh S Ferguson 805 Tangerine Lane Gulf Stream, FL 33483 Brian O. Williams, Esquire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DORIS BARNETT, Plaintiff CIVIL ACTION -LAW NO. 12- 3084 JOSHUA S. FERGUSON, individually, and d/b/a J FERGUSON CONTRACTING, Defendants C ~v ~-;~ "~3 r' -~s ~ kit ~, ~, -v ---3 z ~ ~ 7P c-~ 3c ` ' ` ~=' ~~`~' ..-~ '"~ .- .. .3.j "'~ ~ . e MOTION FOR LEAVE TO AMEND CIVIL COMPLAINT AND NOW, comes Doris Barnett, by and through his attorney, Brian O. Williams, Esquire, and in support of the within motion avers as follows: 1. The Original Complaint was file on June 20, 2012 by Plaintiff, Doris Barnett, as Paragraphs 1-35 of which is incorporated by reference hereto. 2. Defendants, Joshua S. Ferguson, d/b/a J Ferguson Contracting, filed an Answer and New matter on July 10, 2012. 3. In Defendant's Answer, the Defendant did admit to doing business as a ~ontrac and holding himself out to be qualified to do such work as home improvement. 4. In Defendant's Answer, the Defendants did admit to doing work in Plaintiff's home, specifically remodeling the kitchen. 5. No Interrogatories, Preliminary Objections or Discovery Requests, have been fi on this matter up to this date. 6. The Defendant will not be prejudiced by this amendment. 7. The Plaintiff has attached the proposed Amended Complaint, which comprises allegations that the Defendant violated the Unfair Trade Practices and Consumer Protection A WHEREFORE, the Petitioner respectfully requests that the Honorable Court to give Leave to the Plaintiff to Amend the Complaint. Date: ~ P~ 27~~ of Respectfully submitted, BAYLEY & MANGAN -". Brian O. Williams, Esquire 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court I.D. # 209610 EXHIBIT A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DORIS BARNETT, Plaintiff CIVIL ACTION -LAW NO. 12- 3084 JOSHUA S. FERGUSON, individually, and d/b/a J FERGUSON CONTRACTING, Defendants AMENDED COMPLAINT AND NOW, this 27th day of August, 2012, comes the Plaintiff, Doris Barnett, by and through her attorneys, BAYLEY & MANGAN, and files this Complaint and in support thereof avers as follows: 36. The Original Complaint was file on June 20, 2012 by Plaintiff, Doris Barnett, Paragraphs 1-35 of which is incorporated by reference hereto. 37. Defendants, Joshua S. Ferguson, d/b/a J Ferguson Contracting, filed an Answer and New matter on July 10, 2012. 38. In Defendant's Answer, the Defendant did admit to doing business as a Contractor and holding himself out to be qualified to do such work as home improvement. 39. In Defendant's Answer, the Defendants did admit to doing work in Plaintiff's home, specifically remodeling the kitchen. 40. The Defendant did violate The Unfair Trade Practices and Consumer Act by representing the services to be done would be of a professional standard. 73 P.S. § 201- (vii). __ _ i 41. The Defendant did violate The Unfair Trade Practices and Consumer Protection Act by making repairs, improvements or replacements on tangible, real or personal property, of la nature or quality inferior or below the standard of that agreed to in writing. 73 P.S. §201-2 (xvi) 42. The Unfair Trade Practices and Consumer Protection Act allows for the court to award up to three times the actual damages sustained and may award the plaintiff costs and reasonable attorney fees. 73 P.S. §201-9.2. WHEREFORE, Plaintiff requests that judgment be entered in her favor and against Defendants in the amount of Fifty Thousand, Four Hundred Dollars ($50,400), plus costs, expenses, interest and attorney fees. Respectfully submitted, BAYLEY & MANGAN %~ C Brian O. Williams 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court ID # 209610 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DORIS BARNETT, Plaintiff JOSHUA S. FERGUSON, individually, and d/b/a J FERGUSON CONTRACTING, Defendants CIVIL ACTION -LAW NO. 12- 3084 VERIFICATION Brian O. Williams, states that he is the attorney in relation to the within matter; that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and tl this statement is made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Brian O. Williams, Esquire DORIS BARNETT, Plaintiff CNIL ACTION -LAW NO. 12- 3084 JOSHUA S. FERGUSON, individually, and d/b/a J FERGUSON CONTRACTING, Defendants CERTIFICATE OF SERVICE I, Brian O. Williams, Esquire, do hereby certify that I this day served a copy of the forgoing document upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: James F. Logue, Esq. 171 W. Lancaster Ave. Suite 100 Paoli, PA 19301 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Brian O. Williams, Esquire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DORIS BARNETT, n w Plaintiff d CIVIL ACTION > S' Q " - LAW --r w NO. 12- 3084 co JOSHUA', S. FERGUSON, individually, and d/b/a?J FERGUSON CONTRACTING, Defendants AMENDED MOTION FOR LEAVE TO AMEND CIVIL COMPLAINT AND NOW, comes Doris Barnett, by and through his attorney, Brian O. Williams, Esquire, and in support of the within motion avers as follows: 1 N A Motion to Leave to Amend Civil Complaint was filed on August 27, 2012. 2. To this date no Judge has been assigned to this docket nor has any Judge ruled on any issue regarding this docket. 3. Defendant does not concur with the Motion for Leave to Amend. WHEREFORE, the Petitioner respectfully requests that the Honorable Court to give Leave to the Plaintiff to Amend the Complaint. Date: A// Z-- Respectfully submitted, BAYLEY & MANGAN ln?an O. Williams, Esquire 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court I.D. # 209610 CONNOR, WEBER & OBERLIES By: JAMES F. LOGUE, ESQUIRE Attorney Identification No.: 202170 171 W. Lancaster Avenue, Ste. 100 Paoli, Pennsylvania 19301 610-640-2805 DORIS 13ARNETT, Plaintiff v. JOSHUA S. FERGL:fSON, individually, and d/b~/ a J FERGIJSON CONTRACTING: Defendants Attorney for Defendants ~' *~ © ,` _ --t ~-,. N roq RYA N .,,, '~ ..p - ~~ h N _..<" ~:; ~ :~ ~.^ ~~ ~{ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA. No.: 12-3084 CTVIL ACTIOI`1-LAW DEFENDANTS' RESPONSE TO THE COURT'S RULE TO SHOW (:'AUSE P,ND NOW. this 17th day of October, 2012, come the Defendants, Joshua S.. Ferguson, individually, and d/b/a J Ferguson Contracting, by and through their attorneys, Connor, Weber & Oberlies.. and file the within Response to the Court's Rule to Show Cause, and in support thereof aver as fi~llows: 1. Defendants object to Plaintiff's proposed arnendment to :her Complaint, as the request is sought in bad faith, is unfairly prejudicial to the Defendants and~or seeks to add a new cause of action/legal theory. 2. On Thursday, August 23, 2012, Plaintiff's counsel wrote an email to Defendants' counsel, stating that he was prepared to proceed to a bench trial and that he was concluded with discovery. (Attached hereto, made a part: hereof, and rr~arked Exhibit "A" is a copy of said letter). _.. Upon receipt of the email, Defendants' counsel contacted Plaintiff's counsel via telephone, and reminded Plaintiff's counsel of the mandatory Arbitration rules that exist for Cumberland County. 4. Plaintiff s counsel indicated that he did not wish to proceed with mandatory arbitration, and, therefore, would seek to inflate the damages portion of the case by adding an Unfair Trade Practice and Consumer Protection Act claim. 5. Defendants' counsel objected to this proposal for the reas~~ons stated. 6. Plaintiff s counsel proceeded to file a Motion for Leave to Amend Civil Complaint on August 27, ?012, indicating that no discovery had yet taken place. 7. On October 8, ?012 (more than one month after it was filed), Plaintiffs counsel served Defendants' counsel with his Amended Motion for Leave to Amend Civil Complaint via email. (Attached hereto, made a part hereof, and marked Exhibit "B" is a copy of said email). 8. Viewing Plaintiffs Original Complaint, Plaintiff attempts to inflate the damages portion of the case by requesting both monetary damages AND costs of repair.. 9. Contract principles are clear that the goal of the law is to place the injured party in the position he or she would have been in had there been no breach. 10. Assuming, arguendo, that there even exists a breach in this matter, the rk~easure of damages Plaintiff would be entitled to seek is compensation for the loss sustained. Peters v. Stroudsburg Trust Co., 35 A.2d 341 (Pa. 1950). l l . As stateal in Plaintiff's Complaint, Plaintiff itemizes alleged damages ir~~ the amount of $6,300.00, and then mentions an arbitrary number of $,10,500.00 to remedy the work. 2. Plaintiff offers no support as to where the $10,500.00 claimed in the original Complaint is derived from. 13. To allow Plaintiff to inflate the alleged amount of $6,300.00 that was paid to the Defendants, up to an alleged amount of $50.,400.00, would clearly be prejudicial to Defendants and is an amount which unsupported by the facts pled in the original Complaint tiled by the Plaintiff. 14. In addition, the treble damages referenced in Plaintiff s Complaint are discretionary, and, therefore, should not be utilized as an ascertainable measure of damages in Plaintiff's alleged calculation of "damages''. l 5. Further, Plaintiff's Original Complaint makes no reference or allegatio~~~~ of fraud, an essential element that must be proven in a homeowner's Unfair Trade Practices claim. See Sewak v. Lockhart, 699 A.2d 755 (Pa. Super. 1997) (holding that a homeowner must pro~~e the elements of common law fraud); Baker v. Cambridge Chase, Inc., 725 A2d 757 (Pa. Super. 1999) (treble damages awarded under the UTPA only after homeowners established fraud claim against the defendant builder). 1 ti. To allow Plaintiff to alter her theory, i.e. fraud, would involve different theories and different defenses than anticipated from the original Complaint. See In_r•e: Estate of F~rey, 607 A.2d 796 (Pa. Super. l 992). 17. All proceedings to date have been conducted under the a:;sumption that the action was pursuant to a breach of contract claim, and, therefore, Defendants would be prejudiced by Plaintiff s proposed amendment to a simple breach of contract matter. 18. Defendants, therefore, request that this matter be limited to Plaintiff s bbreach of contract claim. 19. In the alternative, Defendants respectfully request that this Court limit the Plaintiff from seeking damages that are punitive in nature, and limit the Plaintiff to seeking either oust of pocket expenses OR costs of repair. `VHEREFORE, Defendants respectfully request that this Honorable Cows deny Plaintiffs Motion and Amended Motion to Amend her Original Complaint. Respectfully submitted, CONNOR, WEBER & OBER i_,IES "JAMES lh. LO~C1E, ESQi.JIRE Attorney ID # 202170 171. W. Lancaster Avenue, Ste. 100 Paoli, Pennsylvania 7.0301. 610-640-2805 Attorneys for Defendants Date: 10/ 1..7/12 James F. Logue From: Brian O. Williams [brianw@bayleymangan.com] Sent: Thursday, August 23, 2012 8:35 AM To: James F. Logue Subject: Barnett v. Fergusen Hey James, Since I haven't heard from you, I'm going to move forward. I have some additional pits to send to you, but that should conclude discovery. I'd rather do a judge trial since the issues and testimony should be straight forward. Is that ok with you? Brian O. Williams, Esq. Bayley 8v Mangan ATTORNEYS AT LAW 17 West South Street Carlisle, Pa 17013 (717) 241-2446 (717) 241-2456 Fax www.bayleym"an~ari_corn The information in this message may be privileged and confidential and protected from dis~,Losure. If the reader of this message is neither the intended recipient, nor an employee or agent responsible for delivering this message to the intended recipient, then you are hereby notified ghat any dissemination, distribution, unauthorized use. or copying. of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by replying to this message and deleting it from your computer. Thank ~ou. Cumberland County, PA. EXHIBIT n W J J J Q James F. Logue From: Brian O. Williams [brianw@bayleymangan.com] Sent: Monday, October 08, 2012 11:45 AM To: James F. Logue Subject: RE: Barnett v. Ferguson 12-3084 Attachments: amended.pdf Somehow, i believe this was nc~t forwarded to you. I apologize. Brian C). Willi~rrls, Fsq. Bayley 8s Mangan ATTORNEYS AT LAW 17 West South Street Carlisle, Pa 17023 (7171 241-244E (7171 ?_41-245h Fax www.bayleyman~an_com The information in this message may be privileged and confidential and. protected from disclosure. If the reader of this mcssa~_7e i, neither the intended recipient. nor an employee oi° agent responsible It~r ~~~~li~~ering this message to t}~e intended recipient, then yon are hereby notified that zu~y clisse~mination, di4tril-~ution. tulauthorized ttse. gar copying o1~ this communication is strictly prohibited. If ~-ou l~a~~e rec~r~.~~~; t}7is coir~municatum i~~~ error.. please notify tzs imrnediate(y by replying to this Er~cssage and del~.t~~7~s it i~ror~~ your compuCer. ~hhank ~ tau. From: James F. Logue [mailto:JLogue@cwolaw.com] Sent: Thursday, September 27, 2012 1:53 PM To: Brian 0. Williams Subject: Barnett v. Ferguson 12-3084 Brian This serves as a response to yotar letter dated September 21, 2012. VVe are in the process of preparirt~; interrogatories and requests for production, and it is our practice to have that portion of the discovery piece soiidifie~i before proceeding with depositions. I would prefer that you refrain from attempting to impose deadlines +.>r~ us that we have not previously discussed. [ would nice to remind you that you also have an outstanding motion regarding the pleadings, arid; therefore, it is our position that attempting to list the case for trial would be premature and unwarranted at this sta~;~=. f'~gain, we object to the motion, and the local rules require that you state same in your motion (which it: was notj. James F. Logue, E:sq. 171 W. Lancaster Ave. EXHIBIT ~> Suite 100 Paoli, PA 1930:1 direct Dial: 610-640-2805 jlo~ueCa~cwolaw.com www.cwolaw.com i',aoi ~ [~NU_r,r~rir-i;;~ n4o<r.r.s ro.vti (:t )~ ~~OI~, 1! h. ~3E~ ~ t.)BE~.Li E This electronic transmission, and any attached document{s} andlor file(s), is confidential andlor legally privileged. It is intended for the sole use of the individuals to whom it is addressed. If you received this message in error, please notify the sender and destroy the message and any attached document{s} andlor file(s) immediately. All personal messages express views only of the sender, which are nc,t to be attributed to Connor, Weber £~ Oberlies, tend may not be copied or distributed without this statement. D+:.sc{aimer ret;uired by IRS Rules of Practice: Any discussion of tax matters contained herein is not intended cr written to be used, and cannot be used, for the purpose of avoiding any penalties chat may be imposed under federal tax laws. Further, any written statement contained herein relating to any Federal tax transaction or matter may not be used by any person without the express prior written permission in each instance of a partner of this firm to support the prorr~ation of marketing of or to recommend any Federal tax transaction(s) or r~~atter(s} addressed herein. Connor.. Weber & ®berlie:s is not liable for any use or misuse contrary to these directions. Thank you. From: Brian 0. Williams mailto:brianw@bayleymangan.coml Sent: Friday, September 21, 2012 1:25 PM To: James F. Logue Subject: RE: Ferguson matter Mey Jim, Et looks like we are in for the Ic>ng haul. When do you want to schedule depositions? Brian C). Williams, Esq. Bayley 8v Mangan ATTORNEYS AT LAVd 17 u"Jest Soutf~~ StrE7ef_ Carlisle, Pa 1033 (717)Z41-2446 (?17) 241-2456 Fax www.bayleymangan.com • • IN THE COURT OF COMMON PLEAS ~ ~ ` f OF CUMBERLAND COUNTY, PENNSYLVANIA ~~ z ~ -~; DORIS :BARNETT, Plaintiff JOSHUA S. FERGUSON, individually, and d/b/a J FERGUSON CONTRACTING, Defendants ~ ;- ,: .~.. -- ._,. , =-r~' ~C". " F C7 "l ~ ~.; . :~ --a~ CNIL ACTION -~ LAW ~-~ .. ~=~~' -~- ~ _~ ,~ f NO. l2- 3084 ~` AMENDED MOTION FOR LEAVE TO AMEND CIVII. COMPLAINT AND NOW, comes Doris Barnett, by and througl•- his attorney, Brian O. Williams, Esquire, and in support of the within motion avers as follows: 1. A Motion to Leave to Amend Civil Complaint was filed. on August 2 ;~„ 2012. 2. To this date no Judge has been assigned to this docket-nor has any Judge ruled on any issue: regarding this docket. 3. Defendant does not concur with the Motion for Leave to~ Amend. WHEREFORE, the Petitioner respectfully requests that the Honorable Court to give Leave to the Plaintiffto Amend the Complaint. Date• ~ ~~ ~ Z._ Respectfully submitted, BAYLEY & MANGAN riari O. Williams, Esquire 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court LD. # 209610 VERIFICATION I am the attorney for Defendants and I verify that the ~~tatements contained in the foregoing Defendants' Response to the Court's Rule to Show Cause are true and. correct to the best of rnv knowledge, information and belief. I understand thai. false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relatinf; to unsworn falsification to authorities. ~_--- ~- __,\ ~IvI~S F. LOGIai~; ESQUIRE L" Dated: October 17, 2012 CERTIFICATE OF SERVICE I, JAMES F. LOGUE, ESQUIRE, hereby certify on this 16t~1 day of October, 2012 a true and correct copy of the Defendants' Response to the Court's Rule to Show Cause was served upon counsel of record at the address listed below by U.S., First Class Mail: Brian O. Williams, Esq. 17 W. South S t. Carlisle, PA 17013 CONNOR, WEBER & OBERLIES, P.(:. .--- JAMES F. LOGUE, ESQUIRE Attorney for Defendants DORIS BARNETT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW JOSHUA S. FERGUSON, individually and d/b/a J FERGUSON CONTRACTING, Defendant NO. 12-3084 CIVIL TERM IN RE: MOTION AND AMENDED MOTION FOR LEAVE TO AMEND CIVIL COMPLAINT ORDER OF COURT AND NOW, this 9`~ day of November, 2012, upon consideration of Plaintiff s Motion and Amended Motion for Leave To Amend Civil Complaint and of Defendant's Response to the Court's Rule To Show Cause, Plaintiff's motion is denied without prejudice for the Plaintiff to refile a motion to amend complaint that contains specific factual averments that make out the causes of action alleged by Plaintiff under the Unfair Trade Practices and Consumer Protection Act. ~ Brian O. Williams, Esq. 17 West South Street Carlisle, PA 17013 Attorney for Plaintiff 'James F, Logue, Esq. 171 W. Lancaster Avenue Suite 100 Paoli, PA 19301 Attorney for Defendant BY THE COURT, '`~ ~ ~-~~ Christylee L. Peck, J. ~ ~ N ~ ~ -,, ~~ N ~ z~ `~ Z ca C7 r ,. ,,.+ Q fl T Q y c N ~ r~ - -i c~ -~ N -< ~~