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Home My WebLink About13-2929 Supreme Co tPennsylvania COU1`� f -Commo aPleas For Prothonotary Use Only: h � � I , j C` i C aver Sh+ et CU B LAND 1 Docket No: .. County i3 ;2q.24? The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court. Commencement of Action: S 0 Complaint El Writ of Summons 0 Petition E Transfer from Another Jurisdiction Declaration of Taking C Lead Plaintiff's Name: Lead Defendant's Name: T MARTIN L VYENIELO, JR. and SANDRA L. VYENIELO PREMIER SIDING AND ROOFING OF PA, LLC I Are money damages El requested Yes 0 No Dollar Amount Requested: ®within arbitration limits � X (check one) w outside arbitration limits N Is this a Class Action Suit? 0 Yes El No Is this an MDJAppeal? 13 Yes E] No A Name of Plaintiff /Appellant's Attorney: Michael J. Pykosh and Bryan W. Shook, Dethlefs - Pykosh Law Group, LLC Check here if you have no attorney (are a Self - Represented [Pro Sel Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS Intentional Buyer Plaintiff Administrative Agencies Malicious Prosecution Debt Collection: Credit Card 0 Board of Assessment Motor Vehicle Debt Collection: Other ® Board of Elections Nuisance Dept. of Transportation ® Premises Liability 17 Statutory Appeal: Other S [3 Product Liability (does not include E mass tort) M Employment Dispute: Slander/Libel/ Defamation Discrimination C ® Other: Employment Dispute: Other 0 Zoning Board 'I' ® Other: I ®x Other: O MASS TORT Consumer Protection 13 Asbestos N ® Tobacco ® Toxic Tort - DES ® Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS ® Toxic Waste ® Other: [3 Ejectment 0 Common Law /Statutory Arbitration B 0 Eminent Domain /Condemnation E] Declaratory Judgment 0 Ground Rent ® Mandamus M Landlord/Tenant Dispute ® Non- Domestic Relations PROFESSIONAL LIABLITY n Mortgage Foreclosure: Residential Restraining Order Mortgage Foreclosure: Commercial ® Quo Warranto Dental li Partition 0 Replevin Legal ® Quiet Title 0 Other: ® Medical ® Other: Other Professional: Updated 1 /1/2011 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYL ANIA NO. 13 - a � a f CIVIL ACTION — LAW MARTIN L. VYENIELO, JR. PREMIER SIDING AND ROOFING SANDRA L. VYENIELO OF PA, LLC 6138 ANN STREET 152 SOUTH HANOVER STREFc% -; HARRISBURG, PA 17111 CARLISLE, PA 17013 c a= ZL + rn 39 Plaintiffs Defendant - =:V C5 X versus PRAECIPE FOR WRIT OF SUMMONS y TO THE PROTHONOTARY OF SAID COURT: T` Please issue a writ of summons in the above - captioned action. X Writ of Summons shall be issued and forwarded to ( ) Attorney and (X) Sheriff ( ) Defendant Michael J. Pykosh, Esquire I.D. No. 58851 Bryan W. Shook, Esquire I.D. No. 203250 Dethlefs - Pykosh Law Group, LLC 2132 Market Street Camp Hill, PA 17011 ignature o A omey (717) 975 -9446 Dated: May 23, 2013 WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT: YOU ARE NOTIFIED THAT THE ABOVE -NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. ` gL� - L( Prothonotary Dated: In - 3, ' by r�j Deputy Cf2 �t /L�D33 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson t F Sheriff pti�ttp fs €r€rr c x� i" I tIE i-i10 1 H 0 N 0 i.4t�c Jody S Smith Chief Deputy 3 S Richard W Stewart Solicitor OFF 10EOF THE SHERIFF td'U M 8EPLAf40 r'4-'0 J '1'y PENNSYl,:. ANIA Martin L Vyenielo Case Number vs. 2013-2929 Premier Siding and Roofing of PA, LLC SHERIFF'S RETURN OF SERVICE 05/30/2013 09:45 AM- Deputy William Cline, being duly sworn according to law, served the requested Writ of Summons by handing a true copy to a person representing themselves to be David Myers, Owner, who accepted as"Adult Person in Charge"for Premier Siding and Roofing of PA, LC 152 South Hanover Street, Carlisle Borough, Carlisle, PA 17013. IAM CLINE, DEPUTY SHERIFF COST: $34.78 SO ANSWERS, May 31, 2013 R-ONW R ANDERSON, SHERIFF (c)CeuntySuite Sheriff,Teleosoft,Inc. Michael J. Pykosh, Esquire ID # 58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone — (717) 975-9446 Fax — (717) 975-2309 mpvkosh@dplglaw,com FILED -OFFICE OF THE PROTHONOTARY 2O R SEP 24 PM 1:39 CUMBERLAND COUNTY PENNSYLVANIA Attorney for Plaintiffs MARTIN L. VYENIELO, JR. and SANDRA L. VYENIELO, Plaintiffs v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION — LAW PREMIER SIDING AND ROOFING : No: 13-2929 — CIVIL TERM OF PA, LLC, Defendant : JURY TRIAL DEMANDED 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 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 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 OR KNOW A LAWYER, THEN YOU SHOULD GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 1 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas signuientes, usted tiene vienta (20) dias de plazo al partir de al fecha de la demanda y Ia notificacion. Usted debe presentar una apariencia escrita o en persona a por abogado y archivar en la corte en forma escrita sus defensas o sus objectiones a las demandas en contra de su persona. Sea avisado que si usted no se fefiende, Ia corte tomara medidas y puede una orden contra usted sin previo aviso o notificacion y por cualquier queja o akuvui que es pedido en la peticion de demanda. Usted puedo parder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DIMERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEPONO A LA OFICINA CUYA DIRECCION SE EMCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSSGUIA ASISTENCIA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 2 Michael J. Pykosh, Esquire ID # 58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone — (717) 975-9446 Fax — (717) 975-2309 movkosh a(�.dplglaw,com Attorney for Plaintiffs MARTIN L. VYENIELO, JR. and SANDRA L. VYENIELO, Plaintiffs v. PREMIER SIDING AND ROOFING OF PA, LLC, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION — LAW : No: 13-2929 — CIVIL TERM : JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiffs, Martin L. Vyenielo, Jr. and Sandra L. Vyenielo, by and through their attorneys, the DETHLEFS-PYKOSH LAW GROUP, LLC, by Michael J. Pykosh, Esquire, and makes the within Complaint against the Defendant, Premier Siding and Roofing of PA, LLC, and, in support thereof, avers as follows: COUNT I — BREACH OF CONTRACT 1. Plaintiffs, Martin L. Vyenielo, Jr. and Sandra L. Vyenielo, are adult individuals currently residing at 6138 Ann Street, Harrisburg, Dauphin County, Pennsylvania 17111. 3 2. Defendant, Premier Siding and Roofing of PA, LLC, is a . Pennsylvania Limited Liability Company with a business address of 152 South Hanover Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. On or about March 2012, Plaintiffs decided to make repairs to their home resulting from a rain and wind storm. 4. Plaintiffs contacted Defendant who completed work on another home in Plaintiffs' neighborhood after the same rain and wind storm. 5. Plaintiffs and Defendant entered into a written agreement dated March 27, 2012 for home improvements and services, namely repairs to Plaintiffs' roof. A copy of said Agreement is attached hereto as Exhibit "A" and made a part hereof. 6. The work to be performed by Defendant, in accordance to the agreement, was to be completed in exchange for Plaintiff's paying Defendant for said work. 7. Defendant began work on Plaintiffs' roof on or about April 9, 2012. 8. Defendant's workers, in removing shingles from Plaintiffs' roof, threw said shingles from the roof in an attempt to have them land in a dump truck. Instead, many of the shingles made contact with the aluminum siding of Plaintiffs' home. 9. As a direct result of Defendant's workers' negligence, said shingles striking Plaintiffs' aluminum siding caused damage to Plaintiffs' aluminum siding. 10. Defendant's workers attempted to remove the marks on Plaintiffs' siding, made by the shingles, by using gasoline which made permanent smudge marks to the siding of Plaintiffs' home. 11. Defendant additionally attempted to remove the marks and smudges by having the siding pressure washed which made the situation worse by creating damage to the 4 caulking at the siding and the roof edge over the window into the TV room causing leaking when it rains and damaged drywall in Plaintiff's living room and kitchen. 12. Defendant's workers in attempting to remove the marks, made by the shingles, with gasoline, Defendant's workers also pulled loose sections of siding of Plaintiffs' home. 13.On or about May 23, 2012, Defendant's workers, in an attempt to remedy the damage they created to the aluminum siding of Plaintiffs' home, installed vinyl siding upon the entire home. 14. The siding as replaced was done so in an unacceptable and improper manner as it: (a) has a wavy appearance; (b) was incorrectly installed; (c) is loose and rattles when windy; (d) the caulking at the "J" channels is cracking and is not square; and, (e) is sagging in areas. 15. Plaintiffs made several attempts to contact Defendant to demand that the installed siding be corrected. 16. Defendant has failed to correct the condition of the siding it installed. 17. The cost to repair the substandard work of Defendant is $22,535.32. WHEREFORE, Plaintiffs respectfully requests Judgment against Defendant in the amount of $22,535.32 plus interest and cost, pre -judgment and post -judgment interest and whatever other relief the Court deems necessary and just. COUNT II — VIOLATIONS OF HOME IMPROVEMENT CONSUMER PROTECTION ACT AND THE UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW 18. Plaintiffs hereby incorporate paragraphs 1 through 17 above as if fully set forth herein. 5 19. Plaintiffs hereby bring forth this Count for violations of the Pennsylvania Home Improvement Consumer Protection Act ("HICPA"), 73 P.S. § 517.1 et seq. and the Unfair Trade Practices and Consumer Protection Law ("UTPCPL"), 73 P.S. § 201-1 et seq. 20.The HICPA was signed by Governor Rendell on October 17, 2008 and became effective July 1, 2009. 21. The work completed by Defendant was completed after July 1, 2009. 22. Pursuant to 73 P.S. § 517.10 a violation of any of the provisions of the Home Improvement Consumer Protection Act, 73 P.S. § 517.1 et seq. shall be deemed a violation of the Unfair Trade Practices and Consumer Protection Law, 73 P.S. § 201- 1 et seq. 23. Pursuant to 73 P.S. § 517.2 Plaintiffs are the owners of a private residence situate at and known as 6138 Ann Street, Harrisburg, Dauphin County, Pennsylvania. 24. Plaintiffs believe, and therefore aver, that Defendant, pursuant to 73 P.S. § 517.2 are contractors. 25. Plaintiffs believe, and therefore aver, that during the previous taxable year Defendant performed more than $5,000.00, total cash value, of home improvements. 26. The work for which Plaintiffs contracted with Defendant to perform constitutes a home improvement as defined by the Home Improvement Consumer Protection Act, 73 P.S. § 517.1 et seq. 27. Defendant failed to provide Plaintiffs with a contract which complied with the requirements of the Home Improvement Consumer Protection Act specifically, after June 30, 2009, Defendant: 6 a. failed to provide Plaintiffs with a written and/or legible contract which contained the home improvement contractor registration number of the performing contractor in violation of 73 P.S. § 517.7(a)(1); b. failed to provide Plaintiffs with a contract that included all required notices in violation of 73 P.S. § 517.7(a)(3); c. failed to provide Plaintiffs with a contract that included the approximate starting date and completion date in violation of 73 P.S. § 517.7(a)(6); d. failed to provide Plaintiffs with a contract that included the names, addresses and telephone numbers of all subcontractors on the project known at the date of signing of the contract, in violation of 73 P.S. § 517.7(a)(10); e. failed to provide Plaintiffs with a contract that stated that Defendant agrees to maintain liability insurance covering personal injury in an amount not less than $50,000 and insurance covering property damage caused by the work of a home improvement contractor in an amount not less than $50,000, in violation of 73 P.S. § 517.7(a)(11); f. failed to provide Plaintiffs with a contract that identified the current amount of insurance coverage maintained at the time of signing of the contract in violation of 73 P.S. § 517.7(a)(11); g. failed to provide Plaintiffs with a contract that included the toll-free telephone number under section 3(b) of the Home Improvement Consumer Protection Act, in violation of 73 P.S. § 517.7(a)(12); 7 28.As more particularly described above, the contract entered into between Plaintiffs and Defendant is invalid and unenforceable against Plaintiffs. 29. By failing to provide Plaintiffs with a proper Home Improvement Contract, pursuant to 73 P.S. § 517.7, Defendant is precluded from enforcing any agreement with Plaintiffs against Plaintiffs. 73 P.S. § 517.7(a). 30. Plaintiffs believe, and therefore aver, that Defendant abandoned or failed to perform, without justification, the home improvement contract and project engaged in and undertaken by Defendant, in violation of 73 P.S. § 517.9(5). 31. Specifically, Defendant failed to recognize and repair the deficiencies noted by Plaintiffs and brought to Defendant's attention by Plaintiffs in violation of 73 P.S. § 517.9(5). 32. Plaintiffs believe, and therefore aver, that pursuant to 73 P.S. § 201-3, that • Defendant used unlawful and unfair methods of competition and/or unfair and deceptive acts in the conduct of trade as more particularly described herein when dealing with Plaintiffs and contracting to perform home improvements for Plaintiffs. 33. Specifically, Defendant failed to inform Plaintiffs of their rights under the HICPA on or after July 1, 2009. 34.The HICPA makes it clear that the burden is upon the contractor to offer the first line of protection to the consumer, Plaintiffs, in this instance. 35. Plaintiffs believe, and therefore aver, that Defendant engaged in other fraudulent or deceptive conduct which created a likelihood of confusion or of misunderstanding, more particularly described herein, in violation of 73 P.S. § 201-2(4)(xxi). 8 36. Furthermore, Plaintiffs believe, and therefore aver, that Defendant held itself out to be capable of meeting the expectations of Plaintiffs with respect to the aforementioned renovations to Plaintiffs' residence. 37. Specifically, Plaintiffs believe, and therefore aver, that Defendant held itself out as being capable of performing the construction for Plaintiffs' addition and the renovations to Plaintiffs' residence when in fact they knew or should have known they did not have the requisite skill, experience and/or intention to complete the aforesaid project. 38. In light of the foregoing and to the extent that monies have been paid to Defendant by Plaintiffs, Plaintiffs respectfully requests that this Honorable Court order Defendant disgorged of any fruits of their deceptive conduct. WHEREFORE, Plaintiffs respectfully request that this Honorable Court enter Judgment against Defendant and in favor of Plaintiffs in an unliquidated amount, for violations of the Home Improvement Consumer Protection Act, 73 P.S. § 517.1 et seq. and the Unfair Trade Practices and Consumer Protection Law, 73 P.S. § 201-1 et seq. in an amount equal to three times the actual damages sustained by Plaintiffs plus costs, pre -judgment and post -judgment interest, and reasonable attorney fees, and whatever other relief this Honorable Court deems necessary and just pursuant to 73 P.S. § 201- 9.2(a). COUNT III — BREACH OF COMMON LAW IMPLIED WARRANTIES 39.Plaintiffs hereby incorporate paragraphs 1 through 38 above as if fully set forth herein. 9 40. Plaintiffs bring forth this count for breach of the common law implied warranties of fitness for an intended purpose and skilled workmanship. 41. Plaintiffs relied upon Defendant's advertised skill and knowledge in performing the work they contracted with Defendant to perform, as more, particularly described supra. 42. Based upon the relationship of the parties and the discussions which Plaintiffs and Defendant had, Plaintiffs were justified in their relying upon Defendant's purported skill and knowledge. 43. Plaintiffs, at all times material hereto, possessed no particular skill or knowledge as it relates to home improvements or construction methods. 44. At all times material hereto, Plaintiffs had no measurable home improvement experience outside of that which is merely incident to home ownership. 45. As more particularly averred supra, the siding was not installed properly by Defendant. 46. Defendant failed to use ordinary care and skill, common in the building trades, in performing the work at Plaintiffs' residence. 47. This failure, described in the immediately preceding paragraph, proximately caused Plaintiffs' damages. 10 WHEREFORE, Plaintiffs respectfully request that this Honorable Court enter Judgment against Defendant and in favor of Plaintiffs in an unliquidated amount, to be determined at the trial in this matter, together with interest, costs of suit and whatever other relief this Honorable Court deems necessary and just. Respectfully Submitted, Date: V23/1 11 Michael J. ykosh, Esquire I.D. # 58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 (717) 975-9446 Attorney for Plaintiff VERIFICATION I hereby verify that the statements of fact made in the foregoing documents are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the criminal penalties contained in 18 Pa C. S. Section 4904, relating to unsworn falsification to authorities. 12 in L. Vyenielo, VERIFICATION I hereby verify that the statements of fact made in the foregoing documents are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the criminal penalties contained in 18 Pa C. S. Section 4904, relating to unsworn falsificationg uthorities. Date: Sandra L. Vyenielo 13