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Home My WebLink About13-1511 David R. Galloway <�+ 7' 1 9 Counsel for Plaintiffs y Attorney LD, No. 87326 " 54 E. Main Street ° + "E- i Y { Mechanicsburg, PA 17055trti'SY`',1p;; •. Telephone: (717) 697 -4650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL S. HEIMBUCH and MARY D. HEIMBUCH, Plaintiffs, CIVIL ACTION- -LAW V. DOCKET NO: PREMIER SIDING AND ROOFING OF PA, LLC, Defendant. NOTICE TO DEFEND You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by an 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 INFORMA'T'ION 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 1- 800 -990 -9108 717 - 249 -3166 David. R. Galloway Counsel for Plaintiffs Attorney I.D. No. 87326 54 E. Main Street Mechanicsburg, PA 17055 Telephone: (717) 697 -4650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL S. HEIMBUCH and MARY D. HEIMBUCH, Plaintiffs, CIVIL ACTION - -LAW V. DOCKET NO: PREMIER SIDING AND ROOFING OF PA, LLC, Defendant. COMPLAINT AND NOW, comes Plaintiffs, by and through their counsel, David R. Galloway, Esquire, and files this Complaint against Defendant for the following reasons: 1. Plaintiffs Michael S. Heimbuch and Mary D. Heimbuch are husband and wife residing at 416 Ricky Road, Mechanicsburg, PA 17055 (hereinafter the "Residence "). 2. Defendant Premier Siding and Roofing of PA, LLC, is a limited liability company organized under the laws of the Commonwealth of Pennsylvania with a registered business address of 152 South Hanover Street, Carlisle, PA 17013. 3. On or about August 17, 2012, the parties executed a certain written agreement for the repair of hail damage to the Residence. A true and correct copy of the agreement is attached hereto as Exhibit "A." COUNT Breach of Contract 4. Plaintiffs hereby incorporate Paragraphs 1 through 3 of this Complaint as if set for in full herein. 5. Defendant has not fulfilled the provisions of the agreement. 6. Defendant has wholly neglected to do and perform certain things which were expressly or by necessary implication required t be done and performed by agreement, as tol lows � (a) failing to properly secure and latch the siding to the Residence; (b) failing to properly secure the wooden deck to the Residence; a picture showing one (1 1 ) of multiple bolts, screws and brackets that were not installed is attached hereto as Exhibit `B;" (c) failing to properly seal edges and scams to protect from weather, and (d) failing to repair the damage to the Residence's interior caused by Defendant's attempt to repair the siding; copies of pictures showing the damage to Plaintiffs' closet and wall is attached hereto as Exhibit "C." (e) failing to reinstall United Water's meter; a copy of a letter from United Water dated February 18. 2013 is aat ached hereto as Exhibit "D." 7. Defendant failed and refused to cure the aforesaid breaches despite Plaintiffs' repeated demand. 8. Plaintiffs repaired the damtgne to the interior of the Residence. The cost of said repairs totaled $189.06. an amount exclusive of their lime /labor. 9. The reasonable cost of remedying the aforesaid breaches to the exterior of the Residence is between $9,350 and $9,516. Conies of estimates from R.L. Welsh Roofing and Siding and NURoof are attached hereto as Exhibits "E " and "F." respectively. WHERFF )RE. Plaintiff respectfully rcquesis this Honorable Court enter Judgment in favor of the Plaintiffs and against Defendant for $9,705.06, plus costs of this action, and any other relief as this Court deems just and reasonable. COUNT 11 Unfair Trade Practices and Consum Protection Law 10. Plaintiffis hereby incorporate Paragraphs I through 9 of this Complaint as if set for m full herein. 11. Defendant is governed, in pail. by she Unfaair Trade Practices and Consumer Protection Law, 7 P.S. § 201 -1 el .,;ey. (hereinafter the 12. Defendant violated the Act by, among other things, mailing to make the necessary repairs to the Residence and by causing additional damage to the interior of the Residence. See gen erally 7> P.S. 2t)1 -2(4). 13. Pursuant to the Act.. th , Court n-i u/ award up to three (3) times the actual damages sustained. See 73 1). S. Q 201- 9.2(a). 14. Pursuant to the Act, Plaintiffs are entitled to reasonable attorneys' fees. See 73 P.S. § 201- 9.2(a). WHEREFORE, Plaintiff respectfully requests this HonoraNe Court enter Judgment in favor of the Plaintiff,, and against Defendant fo? S29,115.1I,, plus attorneys' fees and costs of this action, and any otl relief as this Cou: -t deems }List a7Id reasonable. 1 s ectfully submitted, ti David R. Gallo ay OTI-26 EXHIBIT "A" . rr ■ I i If S � Siding::and.Roofin :-iA i,'LLC , 152 South Hanover Street, Carlisle, PA 17013 - Office .(717) 609 -1971 • ToU Free: (877) 717 -7173 *:Fax; (717) 61A:-3502 •.e _ , b VSUJ? NCE RECOVERYAGREEMENT' l 1l A gronte nlIspi6jectfoInsuranceCon anpApproval, (Any toiitinuaiion ofihc prppezcd w4ii and mate.iiX'deserqwon appearing on a separate document shall he inc'orporoted into Utis AgrccmQgt.) DATE: t riL, P0: . B ��yy U y�. Y �� E t R �c S t+ j: I- a �/ �r�j .1wMw •4- �pin.� r3n ` •ri ' l'l`lTL lZL' SS: CITY: STATE:. PA. - ZIP CODE t - 7ta:SS 740ME PH O R: WORK PHOI4E ' JOB SPECIFIMaONS : ° ` r OOF: - PAYMENT SCHEDULE . ❑ ofAingk: _ •^ ❑Styledf5hi - ` - Ag reement AmQUnt $' ❑Ridge Malarial• ' Su letrient: ❑Color of Sh' ' " Overhead &.Profit:• y ❑'Gear _ Yc;_' B a :urs • t. j ❑ able 1 Jrtder6 /12)ONotWalkabic(Ovcr7 /12) , 7oWlContractPrice: $ t5-tb Pclt 'MO-lb Pelt SuppleMentT.otal t Total Contract Price: SIDING: PLEASE, MAKE ALL CHECES PAYABLE T0: ❑Band. � ��t, ERF,MIER SID & ROOFING'OF P.A; LLC. ❑Style: VlAle N ❑Color. , i. �(r� De it Doc U n Insurance Com pay AppriAw Panel Width: ❑.3 °4'h " ❑S" Q6'1�' Date4 Pane) Profile: %Dutchlap ❑Straightiap ❑Beaded P °id: h`• 1�' GheckHi S S Am ouarS � 002-J . 5 D Second• Payment Due. Upon Dative O[Material ll ITEItS, S1iU7TERS, VEi!rIS: Data ❑ lace d &D's: ❑5" ❑6- Paid: Check k Amount S ❑Color• ❑limove & . II G& s Balance Due'U a Com ietron ' � Dtae eplace sh fflars; uvered Raised Paacl Paid: Check 0 Amount S to ❑Romo� Reinstall Shunc , BAL 1NCE ❑R cc Gable Vent(s) ❑Yes O S Square ❑ Round ❑ Trianguiur Color. ACKNOWLEDGMENT { Special Instructions: All checks, includIng supplement cheelm, issued by the insuranctund/briviongdge Campany in paymcat for tho services provided hercinshall list tha Customer and Premier Siding.& Roofing of PA, LLC as co-pay.ces. (� Customer's' IcitiaLs � PromSer•Sidhtg & Itool9ng of PA, LLC a .191 Terms: ThisAgreementdoesnotobligaieyou. theHontco %%mr,orPremierSiding &Roa ingofPA; LLC; uaiessitisapprovedbyyourinsurancecompagvandacceptedby Premier Sitting& Roofing afP.A,LLC. By signing this Agreement, you authorize PiernferSiding & RoolingotPA, LLC to pursue your-bast-interests ata price agreeable to the tnsuraneacompaayaad.Premier Siding & RooftngofPA, LLC without any cost toyou except, foryrouriasurancc deductible and supplemental claims billed by Premier Siding & Rooting of M, LLC an your behalf and approved by your insurance company. Any additional work or cost hicreases will become part ofihis agreement Am upgrades of additional work requested by you and not npprovod by your insurance company, will be your financial responsibillty and. is not-parr of this agreement. IN WITNESS WHEREOF: Buyer(s) acknowledge receipt ofa compiettd copy orthis Agreement on the day and year written above, IfWE have read, understand, and accept the terms inetuded on the front and'back or this p Agreement. Approved by Customer Date. (7 712 - Approved by Customer l Signatur . Prun; Dato: Siguatuta: Print: Accepted by Premier Siding Roofing of PA. LLC on Date: Insuranec Company: Signature print- EXHIBIT "B" x� x r n k a • o � W rt EXHIBIT "C" r i 4 � I } " V a � Sharon L. Plank Customer Service Manager UNITED WATER PENNSYLVANIA 8189 Adams Drive Hummelstown, PA 17036 Tel 717.920.6068 • Fax: 717.920.6066 United Water S'naron.plank@unitedwater.com 1 February 18, 2013 Mary Heimbuch 416 Ricky Road Mechanicsburg, PA 17055 Account #'0000 Property: 416 Ricky Road, Mechanicsburg Dear Customer: 1 On 2i 1 /13 our field representative visited the above property to check for a stopped water meter. At this time our field tech found the outside reading device had been completely removed from the house, the wires from the reading device had been cut and were pushed up under the siding on the house. This is the reason the company was unable to gain an actual reading from the water meter. When our field tech was there on 2/11/13 he had to install a new outside reading device and was then able to obtain an actual meter reading. The reading obtained indicated 16,000 gallons of unbilled consumption. The next scheduled bill around 2/21/13 will reflect this unbilled consumption. Since our reading device was completely removed, this is the reason we were unable to gain and actual reading from the water meter located inside the property. This resulted in zero consumption billed for 3 months and the consumption for January was estimated. If you have any questions you may contact me direct at 717- 920 -6068. Sincerely, Sharon Plank Customer Service Manager www.unitedwater.com EXHIBIT 44E"' February 14, 2013 R. L. Welsh Roofing and Siding 9 Wayne Road Camp Hill, PA 17011 717 - 315 -9651 RE: Estimate of Repair /Replacement of Siding Dear Mr. and Mrs. Heimbach, This is to follow up to your request for an estimate /evaluation of the recent replacement of your siding. During my evaluation, I found the following defects: • Siding was not installed /nailed properly. • Corner posts open in the bottom and installed incorrectly. • Jay channel was not properly installed around the windows. During this evaluation we found numerous other small issues with the siding. It is my opinion that the siding will need to be removed and replaced. This will entail the purchase of 20 sq. of Guest Siding: 4/12 Dutch Lap. The estimate to complete this installation properly is $9,350.00. Please feel free to contact me at the phone number above with any questions. Sincerel , 6 Rawnell L. Melsh EXHIBIT 44P9 NuRoof 4550 Chambers Hill Road NuRoof Harrisburg, Pa. 17111 ByHomefteNu rel. 17 17) 558-7560 Professional Exterior Services Fax : -855- 888 -3662 N uroof4y ou.com To whom it may concern, On Friday, December 7 th 2012, NuRoof conducted an estimation of cost pertaining to the finishing and replacement of existing siding to Mr. and Mrs. Heimbuch's home. 'fhe following is what we found to be defective with the siding. • Siding was not latched properly. • Estimator was able to pull off siding without tools. • Corners along brick were not caulked and left wide open. • Bottom of outside corners were left open to weather and were never capped off. Our determination is that all siding needs to be removed and new siding installed so that it is properly secured and latched in as per the pricing below. 19.5 sq. of Quest Siding: 4 1/2' Dutch Lap, Color: Wicker Total: 9,516.00 You can reach me at (717)558 -7560 ext. 301 with any questions. Best Regards, Charlie Anderson VERIFICATION We verify the facts set forth in this Complaint are true and correct to the best of our knowledge, information and belief. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S § 4904, relating to unsworn falsification to authorities. ( Qrcd� Date:.au�r , 2013 BY Y Mich S. Heim uch B ti- �, ary D. Hei b OF LAW OFFICES OF PETER J. RUSSO,P.C. 20134PR 16 � f��. 23 ATTORNEYS FOR DEFENDANT PREMIER SIDING and ROOFING of PA, LLC CUMBERLAND COUNTY 5006 EAST TRINDLE ROAD, SUITE 203 PENNSYLVANIA MECHANICSBURG, PA 17050 (717) 591-1755 —PHONE (717) 591-1756—FAX MICHAEL S. HEIMBUCH and, : COURT OF COMMON PLEAS MARY D. HEIMBUCH : CUMBERLAND COUNTY,PENNSYLVANIA PLAINTIFF V. NO. 12-1511 CIVIL PREMIER SIDING and ROOFING of PA, LLC DEFENDANT CIVIL ACTION—LAW NOTICE TO PLEAD TO: DAVID R. GALLOWAY, ESQUIRE You are hereby notified to file a written a written response to the enclosed Defendant's Preliminary Objections within twenty (20) days from service hereof or a judgment may be entered against you. Respectfully submitted, R J. RUSSO,P.C. Peter J. Russo, Esqui Attorney ID No. 72897 5006 East Trindle Road, Suite 203 Mechanicsburg, PA 17050 717-591-1755 Date: -{-l5^1� LAW OFFICES OF PETER J. RUSSO, P.C. ATTORNEYS FOR DEFENDANT PREMIER SIDING and ROOFING of PA, LLC 5006 EAST TRINDLE ROAD, SUITE 203 MECHANICSBURG, PA 17050 (717) 591-1755 —PHONE (717) 591-1756—FAX MICHAEL S. HEIMBUCH and, : COURT OF COMMON PLEAS MARY D. HEIMBUCH : CUMBERLAND COUNTY,PENNSYLVANIA PLAINTIFF V. i3-i 51 I NO. 12 !5+ Crvrr PREMIER SIDING and ROOFING of PA, LLC DEFENDANT CIVIL ACTION—LAW PRELIMINARY OBJECTIONS OF DEFENDANT PREMIER SIDING and ROOFING of PA,LLC TO PLAINTIFFS' COMPLAINT AND NOW, COMES Defendant, Premier Siding and Roofing of PA, LLC, ("Objecting Defendants") by and through their attorneys, Law Offices of Peter J. Russo, P.C., and files the within Preliminary Objections to Plaintiffs' Complaint, and in support thereof, avers as follows: 1. On or about March 22, 2013, Plaintiffs commenced this above captioned action by filing a Complaint in the Court of Common Pleas of Cumberland County, Pennsylvania. 2. Plaintiffs' Complaint purports to set forth a cause of action against Objecting Defendant sounding in breach of contract, as well as Unfair Trade Practice and Consumer Protection. 3. The allegations in Plaintiffs' Complaint flow from a written agreement between the parties as was set forth in Plaintiffs' Complaint as Exhibit A. FIRST PRELIMINARY OBJECTION COUNT II Demurrer- Pa. R. Civ. P. 1028 (a)(4) 4. Paragraphs 1 —6 are incorporated herein by reference as if fully set forth at length. 5. Counts II of the Plaintiffs' Complaint attempts to set forth a claim under the Unfair Trade Practice and Consumer Protection Law. 6. Plaintiffs' claims are essentially based upon a breach of contract, as such the gist of the action doctrine would bar Plaintiffs from re-casting his breach of contract claim into additional tort claims. 7. If permitted to remain, Plaintiffs' allegations in Count II are otherwise legally insufficient. 8. Plaintiff has failed to plead sufficient specific facts to establish a claim under the Unfair Trade Practice and Consumer Protection Law. WHEREFORE, Objective Defendants request that the preliminary objection be sustained and Count Il of Plaintiffs' Complaint be dismissed with prejudice. WHEREFORE, Objective Defendants request that the preliminary objection be sustained and Plaintiff Amended Complaint be dismissed without prejudice so that Plaintiff and Objecting Defendants may attempt a resolution through the mediation process. Respectfully submitted, LAW OFFICES OF PETER J. RUSSO,P.C. Peter J. Russo, Esqui Attorney ID No. 72897 5006 East Trindle Road, Suite 203 Mechanicsburg, PA 17050 717-591-1755 Date: April 15, 2013 LAW OFFICES OF PETER J. RUSSO,P.C. ATTORNEYS FOR DEFENDANT PREMIER SIDING and ROOFING of PA, LLC 5006 EAST TRINDLE ROAD, SUITE 203 MECHANICSBURG, PA 17050 (717) 591-1755 —PHONE (717) 591-1756—FAX MICHAEL S. HEIMBUCH and, : COURT OF COMMON PLEAS MARY D. HEIMBUCH : CUMBERLAND COUNTY,PENNSYLVANIA PLAINTIFF V. NO. 12-1511 CIVIL PREMIER SIDING and ROOFING of PA,LLC DEFENDANT CIVIL ACTION—LAW CERTIFICATE OF SERVICE I hereby certify that I have on this day served a true and correct copy of Defendant's Preliminary Objections to Plaintiffs' Complaint upon the following persons, in the manner indicated: FIRST CLASS MAIL David R. Galloway,Esquire 54 East Main Street Mechanicsburg, PA 17055 THE LAW OFFICES OF PETER J. RUSSO, P.C. B Date: April 15, 2013 shley R. Mal m, Paralegal David R. Galloway Counsel for Plaintiffs Attorney I.D. No. 87326 54 E. Main Street Mechanicsburg, PA 17055 Telephone: (717) 697-4650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL S. HEIMBUCH -t and MARY D. HEIMBUCH, z M ,, rya ' Plaintiffs, +` _ CIVIL ACTION--LAW c,Jv V. DOCKET NO: 1t-1511 CIVI Qom' PREMIER SIDING AND ROOFING OF PA, LLC, Defendant. RESPONSE TO PRELIMINARY OBJECTIONS AND NOW, comes Plaintiffs, by and through their counsel, David R. Galloway, Esquire, and responds to Defendant's preliminary objections as follows: 1-3. Without admission or denial as the allegations contained herein refer to a written document which speaks for itself. 4. Plaintiffs hereby incorporate Paragraphs 1 through 3 of this Response as if set forth in full herein. 5-6. Without admission or denial as the allegations contained herein refer to a written document which speaks for itself. To the extent a response is necessary, the allegation contained herein is a conclusion of law to which no response is necessary. 7-8. The allegations contained herein are conclusions of law to which no response is necessary. WHEREFORE, Plaintiff respectfully requests this Honorable Court overrule Defendant's Preliminary Objections and order Defendant to file an answer to Plaintiffs' Complaint. R ectfully itted, David R. Callow y#87326 David R. Galloway Counsel for Plaintiff Attorney I.D.No. 87326 54 E. Main Street Mechanicsburg, PA 17055 Telephone: (717) 697-4650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL S. HEIMBUCH and MARY D. HEIMBUCH, Plaintiffs, CIVIL ACTION--LAW V. DOCKET NO: 12-1511 CIVIL PREMIER SIDING AND ROOFING OF PA, LLC, : Defendant. CERTIFICATE OF SERVICE 1, David R. Galloway, certify I served a copy of the within Plaintiffs' Response to Defendant's Preliminary Objections on this date, upon counsel for Defendant by First-Class Mail, Postage Pre-Paid, addressed as follows: Peter J. Russo, Esquire LAW OFFICES OF PETER J. RUSSO, P.C. 5006 E. Trindle Rd., Ste. 203 Mechanicsburg, PA 17050 Res s , By: Date: May 2, 2013 David R. Galloway Counsel for Plaintiff PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next Argument Court.) -- -- -------------------------------------------------------------- --------------------------------------- -- -- CAPTION OF CASE (entire caption must be stated in full) -0:K a MCD MICHAEL S. HEIMBUCH - C�and MARY D. HEIMBUCH, Plaintiffs ¶, PREMIER SIDING AND ROOFING OF PA, LLC,Defendant 13-1511 Civil t fµf No. Term 1. State matter to be argued(i.e., plaintiff's motion for new trial,defendant's demurrer to - - complaint,etc.): Defendant's Preliminary Objection 2. Identify all counsel who will argue cases: (a) for plaintiffs: David R. Galloway, Esquire (Name and Address) 54 E. Main Street, Mechanicsburg, PA 17055 (b) for defendants: Peter J. Russo, Esquire (Name and Address) 5006 E. Trindle Road, Suite 203, Mechaincsburg, PA 17050 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: 6/21/2013 $jgaat e Print your name Plaintiffs /3 Attorney for Date: INSTRUCTIONS: 1.Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR(not the Prothonotary)before argument. 2.The moving party shall file and serve their brief 14 days prior to argument. 3.The responding party shall file their brief 7 days prior to argument. 4.If argument is continued new briefs must be filed with the COURT ADMINISTRATOR(not the Prothonotary)after the case is relisted. David R. Galloway Counsel for Plaintiffs Attorney I.D.No.87326 54 E. Main Street Mechanicsburg, PA 17055 Telephone: 717-697-4650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL S. HEIMBUCH and MARY D. HEIMBUCH, Plaintiffs, CIVIL ACTION--LAW V. DOCKET NO: 13-1511 PREMIER SIDING AND ROOFING OF PA, LLC, Defendant. CERTIFICATE OF SERVICE I, David R. Galloway, certify I served a copy of the within Praecipe for Listing Case for Argument on this date, upon counsel for Defendant via first-class mail, postage pre-paid, addressed as follows: Peter J. Russo, Esquire 5006 E. Trindle Road, Suite 203 Mechanicsburg, PA 17050 Respectfully submitted, By: Date: May , 2013 David R. Gallo y Counsel for Pl intiffs #20 MICHAEL S. HEIMBUCH and : IN THE COURT OF COMMON PLEAS OF MARY D. HEIMBUCH, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs • • V. PREMIER SIDING and ROOFING : NO. 2013 — 1511 CIVIL TERM OF PA, LLC, • Defendant • IN RE: DEFENDANT'S PRELIMINARY OBJECTIONS BEFORE GUIDO,EBERT, PECK JJ. ORDER OF COURT AND NOW, this 3RD day of JULY, 2013, after reviewing the briefs filed by the parties and having heard argument thereon, Defendant's Preliminary Objections are SUSTAINED and Count II of the Complaint is DISMISSED. By the C• Edward E. Guido, J. ✓ David R. Galloway, Esquire V Peter J. Russo, Esquire / Court Administrator :sld d'p,ei /Ka./re/ -7/s! mom : rte-: _ > C31 �� _ >s C.? ;..'�= �`�i� PRO Tl�iO;�r; �t,�t LAW OFFICES OF PETER J. RUSSO,P.C. Attorneys for PREMIER SIDING AND ROOFING OF PRISING 22 M 4: 2 2 BY: Peter J. Russo, Esquire PA Supreme Court ID: 72897 CUMBERLAND COUN i Y Paul D. Edger, Esquire PENNSYLVANIA Email: prussonpirlaw.com MICHAEL S. HEIMBUCH and IN THE COURT OF COMMON PLEAS MARY D. HEIMBUCH, OF CUMBERLAND COUNTY Plaintiffs V. NO: 13-1511 CIVIL PREMIER SIDING AND ROOFING OF PA LLC, Defendant CIVIL ACTION - LAW DEFENDANT'S ANSWER TO PLAINTIFFS' COMPLAINT AND NOW COMES Premier Siding and Roofing of PA, LLC. ("Premier Siding"), by its attorneys, Law Offices of Peter J. Russo, P.C., files its responses to Plaintiffs' Complaint and in support thereof, avers as follows: 1. Admitted. 2. Admitted. 3. Admitted in part and denied in part. It is admitted that the parties executed an agreement. All other averments contained in Paragraph 3 are denied as they refer to a document which speaks for itself and any interpretational gloss placed thereon by Plaintiffs is denied. COUNT I—Breach of Contract 4. Denied. The Rules of Civil Procedure do not require a response to the averments contained in Paragraph 4. By way of further response, Defendant incorporates their responses to Paragraphs 1 —3 as though the same were set forth herein in their entirety. 5. Denied. Defendant believes it has fulfilled the provisions of the agreement. 6. Denied. Defendant denies that it neglected to perform any portion of the those items required by the written agreement of the parties as well as the specific items set forth in Paragraph 6 (a) — 6 (e). Additionally, Defendant believes that all work performed at the home of the Plaintiffs was done in a manner consistent with the industry standard. By way of further response, it was not until after the filing of a Mechanics' Lien by the Defendant that Plaintiffs' alleged the conduct set forth in their Complaint. 7. Denied. Plaintiffs never afforded Defendant the opportunity to address any of the concerns of the Plaintiffs prior to filing suit. 8. Denied. Defendant is without sufficient information to determine whether the averments in Paragraph 8 are true or false. 9. Denied. The averments contained in Paragraph 9 are conclusion of law to which no response in required. By way of further response, Defendant denies that they are the cause of any damage to Plaintiffs' property. AFFIRMATIVE DEFENSES 10. Plaintiffs have failed to set a claim upon which relief may be granted. 11. Plaintiffs have failed to mitigate their damages, if any. 12. Plaintiffs' claim for recoverable damages is contrary to the law of the Commonwealth of Pennsylvania. 13. Plaintiffs' causes of action may be barred in whole or in part by Parole Evidence Rule. 14. Plaintiffs' claim(s) may be barred by the doctrine of estoppel, waiver and/or laches. 15. Plaintiffs' claim(s)may be barred by the doctrine of payment/release. 16. Plaintiffs' claim(s)may be barred in whole or in part by the doctrine of economic loss. r 17. Plaintiffs voluntarily assumed the risk of the facts set forth in his Complaint and accordingly their claim(s) is barred. 18.No conduct of the Defendant or agent of the Defendant resulted in or is the proximate cause of any injury or damage sustained by the Plaintiffs. 19. Any injuries and/or damages claimed by the Plaintiffs, if proven, were caused by persons other than Defendant and not within the control of Defendant. 20. At all material times hereto Defendant acted reasonably, appropriately and caused no injuries or damage to Plaintiffs. 21. Any harm suffered by the Plaintiffs arose out of his own non-performance of the essential obligations by the Plaintiffs. WHEREFORE, Defendant, Premier Siding and Roofing of PA, LLC, Respectfully submitted, BY: LAW OFFICE USSO, P.C. Peter J. Russo, Esquire Attorney I.D. No. 72897 Attorneys for Defendant 5006 E. Trindle Road, Suite 203 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Date: Wednesday, August 21, 2013 MICHAEL S.HEIMBUCH and : IN THE COURT OF COMMON PLEAS MARY D.HEIMBUCH, OF CUMBERLAND COUNTY Plaintiffs W V. NO: 13-1511 CIVIL PREMIER SIDING AND ROOFING OF PA LLC, - Defendant CIVIL ACTION-LAW VERIFICATION 1, Melanie Myers, hereby verify that I aman adult individual; authorized to execute this verification on behalf of Premier.Sidin Roofing of:;PA,LLC and that I am familiar with the facts in this matter, that I have read the,foregoing clog. __ ent and that the facts set forth in the foregoing document are true to the best of .y knowledge,or information and belief. I understand that false'statements herein are made subject toile penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Melanie Myers Premier Siding and Roofing of PA,LLC Date: Tuesday,August 20,2013 LAW OFFICES OF PETER J. RUSSO, P.C. Attorneys for PREMIER SIDING AND ROOFING OF PA, LLC BY: Peter J. Russo, Esquire PA Supreme Court ID: 72897 5006 E. Trindle Road, Suite 203 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: prusso(a�pjrlaw.com MICHAEL S. HEIMBUCH and IN THE COURT OF COMMON PLEAS MARY D. HEIMBUCH, OF CUMBERLAND COUNTY Plaintiffs V. NO: 13-1511 CIVIL PREMIER SIDING AND ROOFING OF PA LLC, Defendant CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Peter J. Russo, hereby certify that I have served a true and correct copy of the foregoing document upon the following persons, in the manner indicated: Via Regular U.S. Mail David R. Galloway, Esquire 54 East Main Street Mechanicsburg, PA 17055 THE LAW OFFICES OF PETER J. RUSSO, P.C. BY: Peter J. Russo Date: Wednesday, August 21, 2013