HomeMy WebLinkAbout13-3029 Supreme Couof =Pennsylvania
Court „pfrCommonNPleas ForProthonotaryUse Only'
Cis it Cover Sheet
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The information collected on this form is used solely court adnzifiistration patrposes. This form sloes not
sltpplement or replace the fling and service of pleadings or other paDers as required by lo or rides of court.
Commencement of Action:
F1 Complaint Q Writ of Summons Petition
S F1 Transfer from Another Jurisdiction Q Declaration of Taking
E'
Lead Plaintiff's Name: Lead Defendant's Name:
Dollar Amount Requested: t E±NV1thin arbitration limits
I Are money damages requested? PR�Ves 0 No (check one) Qoutside arbitration limits
Is this a Class Action Suit? Yes WVo Is this an MDJAppeal? Yes El No
Name of Plaintiff /Appellant's Attorney:
Check here if ou ha, , e no attorney (are a Self - Represented [Pro Se] Litigant)
Nature of the Case Place an "X” to the Ieft of the ONE case . category that most accurately describes.your
ppillf.4RY CASE. If you are making more than one type of claim check the one that
you consider most important.
TORT (do not include glass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS
0 Intentional El Buver Plaintiff Administrative Asencies
Malicious Prosecution Debt Collection: Credit Card 0 Board of Assessment
0 Motor Vehicle
N uisance Collection; Other Board of Elections
F Nuisance 0 Dept. of Transportation
Premises Liability El Statutory Appeal: Other
S F Product Liability (does not include
mass tort) Employment Dispute:
Q Slander/L,ibe1 /Defamation Discrimination
C Q Other: El Employment Dispute: Other Zoning Board
Ot
T' J s 4
� _ •:: e-
F Other. tJ�cCiv,, H f
� MASS TORT
'" El Asbestos
0 Tobacco
0 Toxic Tort -DES
Toxic Tort - Implant Toxic REAL PROPERTY MISCELLANEOUS
Waste
'.` F� Other: ® Ejectment Common Law /Statutory Arbitration
Eminent Domain/Condemnation Declaratory Judgment
F Ground Rent Mandamus
Landlord/Tenant Dispute Non- Domestic Relations
Mortgage Foreclosure: Residential Restraining Order
PROFESSIONAL LLABLITY Q Mort Foreclosure: Commercial 0 Quo Warranto
F1 Dental F1 Partition Replevin
0 Legal Quiet Title El Other:
Medical 0 Other:
Other Professional:
Updated 11112011
vvlvunvwvvcryLln ll( r'CIVIVJI'LV,INIA
COURT OF COMMON PLEAS NOTICE OF APPEAL
Judicial District, County Of FROM
A 'Im MAGISTERIAL DISTRICT JUDGE JUDGMENT
(� y COMMON PLEAS No. 13— .3m 9
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 PAAG. DIST. 10. NAb!E O MDJ ` L
C4 � �e c,4 Q�' - I h�rlLs /CMG�T I
ADDRESS Or APPELLANT
� CITY STATE ZIP CODE
77/ CUth ie /,- X- A5 / ?d 76
DATE OF JUDGMENT IN THE CASE OF (Plainti6) (Delendantj / '
S C d�?o) �eSq y i� /c?'� ^S Ul vs �i�a� Se-,c 4,,'f�
DOCKET No. `-,- — SIGNATURE OFF: APPELLANT ATTORNE OR AGENT - --
bid -coq /v) -CV- 000C2 /J/ r 2,C)IT
This block will be signed ONLY when this notation is required under Pa. If appellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action
R.C.P.D.J. No, 10088.
This Notice of Appeal, when received by the Magisterial District Judge, will before a Magisterial District Judge, A COMPLAINT MUST BE FILED
operate as a SUPERSEDEAS to the judgment for possession in this case. within twenty
(20) days after filing the NOTICE of APPEAL.
sicnefUre Gf Prcthonotary 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 appellee(s), to Tile a complaint in this appeal
Name of appellee(s)
(Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros.
Signature of appellant or aitorney or agent
RULE: To 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 MAY BE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of the mailing.
D ate: .. 20 .. _ .
Signature ofFrotnonotaryorDeputy
YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
AOPC 312 -05 A, 6b 124
L :01 14Y 8Z AVW EiR C�S�
COMMONWEALTH OF PENNSYLVANIA Notice Of Judgment/Transcript Civil
COUNTY OF CUMBERLAND Case
Mag. Dist. No: MDJ- 09 -1 -01 Chad Seachrist
MDJ Name: Honorable Charles A. Clement Jr. V.
Address: 920 Linda Lane Peggy L Matangos
Camp Hill, PA 17011
Telephone: 717- 737 -3434
Chad Seachrist Docket No: MJ- 09101 -CV- 0000141 -2013
416 Hillside Rd Case Filed: 4/17/2013
New Cumberland, PA 17070
LEAD CASE: CSI- 0000118 -13
Disposition Summary
Docket No Plaintiff Defendant Disposition Disposition Date
MJ-091 01 -CV-00001 18-2013 Peggy L Matangos Chad Seachrist Judgment for Plaintiff 05/06/2013
MJ-091 01 -CV-00001 41-2013 Chad Seachrist Peggy L Matangos Judgment for Plaintiff 05/06/2013
Judgment Summary
Participant Joint/Several Liability Individual Liability Amount
Chad Seachrist $0.00 $6,923.46 $6,923.46
Chad Seachrist $0.00 $0.00 $0.00
Peggy L Matangos $0.00 $0.00 $0.00
Peggy L Matangos $0.00 $2,257.17 $2,257.17
Judgment Detail (`Post Judgment)
In the matter of Peggy L Matangos vs. Chad Seachrist on 5/06/2013 the judgment was awarded as follows:
Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount
Civil Judgment $0.00 $6,751.96 $6,751.96
Costs $0.00 $171.50 $171.50
Grand Total: $6,923.46
In the matter of Chad Seachrist vs. Peggy L Matangos on 5/06/2013 the judgment was awarded as follows:
Judgment Component Joint/Several. Liability Individual Liability Deposit Applied Amount
Civil Judgment $0.00 $2,232.17 $2,232.17
Costs . $0.00 $25.00 $25.00
Grand Total: $2,257.17
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH
THE PROTHONOTARY /CLERK OF COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF
JUDGMENT /TRANSCRIPT 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.
UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A
REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES,
OR OTHERWISE COMPLIES WITH THE JUDGMENT.
viµ
5/6/2013
.s
Date Magisterial District Judge Charles A. Clement Jr.
MDJS 315 Page 1 of 3 Printed: 05/06/2013 3:02:09PM
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E P R 0 T 11
h'[3 JUN -5 Ali 10: 353
CUMBERLAND
PENNSYLVANIA
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This Proof of service MUST BEFILED WITHIN TEN(10)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 Z-��- ulon the Magisterial District Judge designated therein on
(date of service) 20
y personal service ❑ by(certified)(registered)mail,
sander's receipt attached hereto, and upon the appellee, (name)_ on
4c�/_q 20 /S TZ y personal service❑ by(certified)(registered)mail,
sender's receipt attached hereto.
(SWORN) (AFFIRMED AND SUBSCRIBED BEFORE ME
THIS -6-' DAY OF
20 /3
Signature of of&fal before whom affidavit was made-- nature of afiant
'Titfa of dr-�icia I
NTy clommISU'O"n, P,�',%e --es on' 20/1/
Prothonotar%Cumberland County,Carlisle,PA
My Commission tx 0i res the First Monday ofja,0014`
AOPC 312A-05
PEGGY L. MATANGOS : IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
•
Plaintiff
•
VS. : NO 13-3029
rt
CHAD SEACHRIST •
Defendant : CIVIL ACTION-LAW c.,) '`
a n _ L::
NOTICE •• —''
y
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 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 REDUECED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE,PA 17013
1-800-990-9108
717-249-3166
John A. Davidson
• The Law Office of John A. Davidson
107 North Front Street. Suite 117
Harrisburg PA 17101
(717) 238-4043
JAD@JohnADavidsonesq.com
PEGGY L. MATANGOS : IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
vs. : NO. 13-3029
CHAD SEACHRIST
Defendant : CIVIL ACTION-LAW
COMPLAINT
And now comes Peggy L. Matangos by and through her attorney The Law Office of John A.
Davidson and alleges the following:
1. The Plaintiff is Peggy L Matangos of 1709 Sherwood Drive, New Cumberland,
Cumberland County, Pennsylvania (Hereinafter "Plaintiff").
2. The Defendant is Chad Seachrist of 416 Hillside Road, New Cumberland, Cumberland
County, Pennsylvania doing business as Capital Contracting. (Hereinafter "Defendant").
3. On December 6, 2012 the parties entered in to a contract titled "Residential Remodeling
Estimate" hereinafter "Contract" (Herein attached as Exhibit A) detailing the work to be
done on 1707 Sherwood Road, New Cumberland, PA 17070.
4. On January 8, 2013 the Plaintiff finalized the purchase of 1707 Sherwood Road, New
Cumberland, PA 17070.
5. On January 11, 2013 Defendant began work on the remodeling project he was contracted
to complete.
6. Based on the contemporaneous records kept on the Defendant's work hours he spent 83
hours performing his duties under the contract over the months of January 2013 and
February 2013.
7. In addition the Defendant from January 23, 2013, Wednesday through January 28, 2013,
Monday, did not attempt to perform any work on the project he was under contract to
complete.
8. At no point during the time that he was working on the project did the Defendant spend
the equivalent of an 8 hour day working on the project that he contracted for.
9. In addition on February 12, 2013 the Defendant was not present at the work site to
receive the cabinet delivery as he said he would.
10. Due to the Defendant's lackluster performance of his duties under the contract, on
February 14, 2013 the Plaintiff sent a letter to the Defendant confirming her request that
the Defendant cease work on the remodeling project.
11. As of February 13, 2013 the following work items in Phase 1 were completed:
a. In the Master bedroom:
i. Remove wall paper
ii. Patch Holes
iii. New drywall on ceiling, mud all joints
b. In Bedroom 2:
2
i. Remove wall paper
c. In Bedroom 3:
i. Remove wallpaper
ii. Patch Holes.
d. Bathroom 1st Floor
i. Gut entire Bathroom and Replace Drywall
ii. Remove outlet by Tub, patch hole
iii. Replace switch and new GFI outlet by door
iv. Install new Bathtub and bathtub walls and tub faucet
v. Uninstalled tub faucet, did not install new faucet
12. During the month that the Defendant worked on the project, as laid out by the contract,
only 10 tasks of the 47 tasks in phase I have been completed.
13. Nowhere in the Contract does it state either an approximate start date or a completion
date per section 517.7(6) of the Home Improvement Consumer Act 73 P.S. §517.1 et seq.
14. In addition no date is given for the completion of Phase I, in which the Defendant was
supposed to be given another $8,100 dollar payment.
15. On December 17, 2012 the Plaintiff gave a check in the amount of$8000 to the Defendant
towards the initial $16,200 deposit.
16. On January 8, 2013 the Plaintiff gave a second check to the Defendant in the amount of
$8200 represent the balance of the $16,200 deposit requested in the contract.
3
17. Based on the receipts presented to the Plaintiff by the Defendant, he spent$6351.53 of
this amount on materials to be used for the work to be completed under the contract.
18. After review the Plaintiff believes and therefore avers that$5896.74 of the
aforementioned $6351.53 was actually spent on supplies and materials.
19. The difference of$454.79 appears to have either been spent on other projects i.e. "Cabin"
or for tools that the Defendant purchased that were used for the project, but could be
kept and reused for other projects.
20. The only labor rate quoted in the contract was $25 per hour. Therefore, The Plaintiff
believes and therefore avers that at most, based on the 83 hours the Defendant spent
working on the project, with a labor rate of$25 per hour, the Defendant is entitled to
$2075 for his labor.
21. The plaintiff believes that based on the Defendant spending $5896.74 for materials and
supplies along with the $2075 in labor costs the total amount due the Defendant is
$7971.74.
22. To date Plaintiff has paid the Defendant$16,200 and therefore after deducting costs for
materials and the amount of work that he actually performed is entitled to$8228.26.
WHEREFORE the Plaintiff respectfully requests that the Honorable Court award her
$8228.26 and per 73 PA. CS § 201-9.2. Private actions which states in relevant part
The court may, in its discretion, award up to three times the actual damages sustained,
but not less than one hundred dollars($100), and may provide such additional relief as
4
it deems necessary or proper. The court may award to the plaintiff, in addition to other
relief provided in this section, costs and reasonable attorney fees
That the court award the Plaintiff treble damages of$24,684.78 ( with the basis being the
amount the Plaintiff paid to the defendant minus expenses for materials and the payment
for the defendants time as laid out by the labor rate in the contract.) plus reasonable
attorney's fees.
Respectfully submitted:
ii„ra
John A. Davidson
Attorney for Defendant/Petitioner
ID # 200503
107 North Front Street
Suite 117
Harrisburg PA 17101
(717) 238-4043
TAD @TohnADavidsonesq.com
5
EXHIBIT A
Residential Remodeling Estimate
)wrier anal B i l l i ng A dd res . .___..__ ___---- _---_ J o site Address
Peggy Matangos 1707 Sherwood Road
1709 Sherwood Road New Cumberland, PA 17070
New Cumberland, PA 17070
Master Bed Room
Remove wall paper
Patch holes
New drywall on ceiling, mud all joints
Paint entire room White
install 2 new windows 36"x50"-.
Replace 3 outlets, I switch, covers, and light fixture
Replace register covers
Replace 2 door knobs
Bed Room 2
Remove wall paper
Patch holes
Paint entire room White
Install 2 new windows 365(50"
Replace 3 outlets, I switch, covers, and light fixture
Replace register covers
Replace 2 door knobs
Bed Roo m 3
Remove wall paper
Patch holes
Paint entire room White
Install I new window 52"x50"
Replace 3 outlets, ' switch,, covers, and light fixture
Replace register covers
Replace 2 door knobs
Hallway
Patch holes
Replace :Light
Paint entire room White f
Replace switch and cover I Initial
Thu,6 Dec 2012 3:24 F
Bath Room 1St Floor
Remove and Install New Tub and Shower, faucet, and plumbing
Remove and Install New"Toilet
Remove and Install New Vanity, faucet, and plumbing
Instal(. New linoleum Flooring
Install New Med. Cabinet
Remove Old Cabinet and Replace Drywall
Install New Window l8"x37"
Paint entire room White (mildew resistant)
Remove outlet by Tub, patch hole
Replace switch and new (ill outlet bye door, new double cover
Replace register cover
Replace door knob
Living Room
Patch holes
Paint:entire room White
Replace 5 outlets,4 switches, covers and light
Install New exterior Steel l.)oor, Screen Door, and Knobs
Install New Window 69"x50"
Remove"Half Wall "inside front door, Fix drywall — Oko,tx-e.3) 70 ..3-4,7 ieFmovi,i 6 SC-117S
Replace register covers
Vining Room
Patch Holes
Paint entire room White
Install new window 52"x50"
Replace register covers
Kitchen
Remove and Install New Cabinets as per plan (see attached plan)
Remove and Install New Counter Tops as per plan ( see attached plan )
Install new single bowl sink and faucet
install New Dishwasher( provided by owner )
Install New Range/Oven ( provided by owner)
Install New Hood fan/fight over Range
Remove and Replace Refrigerator/Freezer( provided by owner)
New linoleum Flooring Installed
Replace 4 outlets, 2 (WI outlets, 3 switches and covers
Install new light over sink
Install new tan/light in kitchen
Paint entire room White (mildew resistant ) � •
Install New window 36"x3' ti Cf
Replace register covers .2. Initial
Thu,6 Dec 2012 3:24 F
Basement
Remove and Install new toilet
Install new vanity, faucet,and plumbing
Install new wash room sink, faucet, and plumbing
Drylock entire basement walls
New drywall installed on"finished" portion of basement(walls and ceilings)
Paint entire room White
Install new linoleum flooring on" finished" portion of basement
Repair steps from first floor to basement
Replace exterior Steel Door, Screen Door, and Knobs
Install 4 new basement windows 15"x32"
All materials and labor for above listed are included in job estimate.
Total Renovation Estimate $ 32,400.00
Any and all unforeseen repairs are to be billed on a Time and Materials Rate.
These rates are as follows
Materials- at cost
Labor-$ 25.00 per hour
Payment will be as follows
50%down payment $ 16,200.00
25%at completion of first phase $ 8,100.00
Remaining balance of renovation paid at final walk-thru
First phase includes all bed rooms, hallway, bath room, and living room.
The above terms are satisfactory and are hereby approved by owner and contractor.
/17,,,,„_.
ILA Pegg U_lclatangos—owner Date
°.� /2-6 /2
'had"Seachrist—contractor Date
416 Hillside Rd.
New Cumberland, PA 17070
PA# 083221 4hivi
Initial
-3-
Thu-6 Dec 2012 3.24 PN
I verify that the statements made in this 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.
Date: 7-("2
Pegg 7� ► atangos
CERTIFICATE OF SERVICE
And Now, on this 2nd day of June 2013 I, John A. Davidson, attorney for the
Defendant, Peggy L. Matangos., hereby certify that I have served true and correct copies
of the within documents, on Paul D. Edger, Esquire, the attorney for the Plaintiff by
depositing same to in the United States Mail, postage prepaid addressed as follows:
Paul D. Edger, Esquire,
Law Offices of Peter J. Russo, P.C,
5006 East Trindle Road
Suite 203,
Mechanicsburg, PA 17050
The Law Office of John A. Davidson
By
V
John A. Davidson
ID # 200503
107 North Front Street
Suite 117
Harrisburg, PA 17101
Attorney for Plaintiff
� 0
•
LAW OFFICES OF PETER J. RUSSO, P.C.
BY: Paul D. Edger, Esquire
PA Supreme Court ID: 312713 n 9
Peter J. Russo, Esquire '
PA Supreme Court ID: 72897 Yj f
5006 East Trindle Road, Suite 203 `'A��i t
Mechanicsburg, PA 17050
Telephone: (717) 591-1755
Attorneys for Defendant
PEGGY MATANGOS, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA
v. : CIVIL ACTION-LAW
CHAD SEACHRIST, : NO. 2013-3029
Defendant : JURY TRIAL DEMANDED
NOTICE TO PLEAD
TO: John A. Davidson, Esquire
Law Office of John A. Davidson
107 North Front Street, Suite 117
Harrisburg, PA 17101
You are hereby notified to file a written response to the enclosed Answer and
Counterclaims within twenty (20) days from service hereof or a judgment may be entered
against you.
Respectfully Submitted,
LAW OFFICES OF PETER J. RUSSO, P.C.
BY: `�
511 "ast Trins :%oad, Suite 203
Mechanicsburg, PA 17050
Peter J. Russo, Esquire
PA Supreme Court 72897
Paul D. Edger, Esquire
PA Supreme Court 312713
Attorneys for Defendant
Date: July 26, 2013
LAW OFFICES OF PETER J. RUSSO, P.C.
BY: Paul D. Edger, Esquire
PA Supreme Court ID: 312713
Peter J. Russo, Esquire
PA Supreme Court ID: 72897
5006 East Trindle Road, Suite 203
Mechanicsburg, PA 17050
Telephone: (717) 591-1755
Attorneys for Defendant
PEGGY MATANGOS, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA
v. : CIVIL ACTION -LAW
CHAD SEACHRIST, : NO.2013-3029
Defendant : CIVIL ACTION—LAW
DEFENDANT'S ANSWER AND COUNTERCLAIMS
TO PLAINTIFF'S COMPLAINT
AND NOW, come the Defendant, Chad Seachrist, by and through his attorney, Paul D.
Edger, Esquire, and the Law Offices of Peter J. Russo, P.C., and submits this Answer to
Plaintiff's Complaint, and in support thereof, avers as follows:
1. Admitted.
2. Admitted in part and denied in part. It is admitted that the Defendant is Chad Seachrist.
It is denied that the Defendant was doing business as Capital Contracting in relation to
the contract between the Plaintiff and Defendant concerning the present suit.
3. Admitted. It is further stated that the contract began as an estimation for the work to be
completed, and that the parties had agreed to all terms, and as such, executed the
estimate to serve as the contract amongst the parties.
4. After reasonable investigation, Plaintiff is without knowledge or information sufficient
to form a belief as to the truth of the averment contained in Paragraph four (4). As such,
the averment is denied and strict proof is demanded.
5. Admitted.
6. After reasonable investigation, Plaintiff is without knowledge or information sufficient
to form a belief as to the truth of the averment contained in Paragraph six (6). As such,
the averment is denied and strict proof is demanded. To the extent a response is
required, Defendant engaged in excess of one hundred sixty (160) hours of work before
the Plaintiff threw the Defendant off the property and retained his tools.
7. Denied. The Defendant was unavailable from January 23, 2013, through January 25,
2013, due to a family medical emergency, which required his immediate attention. It is
further noted that the Plaintiff was made aware of this absence, and stated to the
Defendant, "Take all of the time you need" due to the severity of the medical
emergency. It is further noted that the parties had an understanding that the Defendant
would not work on Sundays, but would work on the occasional Saturday when
necessary.
8. Denied. It is further stated that the terms of the contract, as well as the agreement
reached by the parties, did not require a minimum hour day to be completed by the
Defendant, merely that the project would be completed in the time as discussed by the
parties. Defendant's work days ranged depending on the work that was to be completed
and was possible to complete due to dry times and other environmental factors.
9. Denied. Plaintiff had requested days prior for the Defendant to assist with the cabinet
delivery, which was a part of Phase two of the contract. Plaintiff had stated the time of
delivery by the cabinet company would be between 10:00 a.m. and 2:00 p.m., to which
Defendant agreed to assist, as he would already be present on the job site. On February
12, 2013, the cabinets were delivered at 7:45 a.m., at a time when the Defendant was not
at the job site yet. Due to the Plaintiff ordering the cabinets herself, in order to receive
credit card reward "points," the cabinet company had no way to contact the Defendant,
as it is averred the cabinet company did not know of the Defendant's existence, nor
assistance with the delivery. As the cabinet company contacted the Plaintiff, due to her
contact information being solely listed, Defendant was then requested by the Plaintiff to
appear at 7:45 a.m., to which the Defendant was unavailable as he was preparing his
daughter for school and could not leave a young child unattended to prepare for school
herself Therefore, the Defendant's unavailability is of no fault to the Defendant, but due
to the poor communication between the Plaintiff and the cabinet delivery team.
10. Denied. Upon demand by the Plaintiff to begin work on Phase two, as exhibited by the
contract, Defendant asked that the second deposit be made by the Plaintiff, as numerous
projects listed under Phase two had previously been completed. Plaintiff immediately
threw the Defendant off of the property and ordered Defendant not to return. Defendant
made numerous attempts to return to the property to retrieve his tools, including
assistance by New Cumberland Borough Police Department and Constable Edgar
Siptroth, which the Plaintiff knowingly acknowledged she had the Defendant's tools,
but refused to return them. At no time did Plaintiff ever mention to Defendant the work
to be "lackluster" in quality, and at numerous times, declared the work to be
"wonderful."
11. Admitted in part and denied in part. It is admitted that the tasks listed in subparagraphs
(a) through (d) were completed. It is denied that these tasks were the only tasks
completed by the Defendant, as ninety (90%) to ninety-five percent (95%) of the work
listed on the contract for Phase one was in process of being completed before Plaintiff
demanded Phase two be completed. It is further noted that numerous items in Phase two
were completed by the Defendant upon demand by the Plaintiff
12. Denied. Before Plaintiff removed the Defendant and refused to return his tools, even
after Defendant requested assistance from the New Cumberland Borough Police
Department and Constable Siptroth, Defendant was in the process of completing ninety
(90%) to ninety-five (95%) of Phase one and had completed numerous tasks under
Phase two.
13. Admitted. It is further noted that the parties did reach a "meeting of the minds" and did
have an understanding as to the time-line for completion of each step of the contract.
14. Admitted. It is further noted that the parties did have a mutual understanding that before
work would begin on Phase two of the contract that the second payment of Eight
Thousand One Hundred and 00/100 ($8,100.00) Dollars was to be made by the
Plaintiff Defendant did agree to complete some tasks under Phrase two, until the
Plaintiff made it clear he was to abandon Phase one and do a majority of Phase two
without payment.
15. Admitted.
16. Admitted.
17. Admitted.
J
18. After reasonable investigation, Plaintiff is without knowledge or information sufficient
to form a belief as to the truth of the averment contained in Paragraph eighteen (18). As
such, the averment is denied and strict proof is demanded.
19. Denied. Defendant at no time utilized the proceeds of the contract to be used toward
purchase of tools or materials, which could be kept and reused for other projects. All
tools the Defendant utilized were Defendant's prior to beginning the work on the
Plaintiff's home. The Defendant was required to purchase some tools specifically for
this project, including two (2) drills and a work light, due to the electrician cutting off
electricity on the home, but that those tools specifically purchased for the project totaled
Two Hundred and 00/100 ($200.00) Dollars. Defendant did note to the Plaintiff that if
the tools were salvageable and in a workable condition at completion of the project, that
Defendant would not charge the Plaintiff for the tools, as he would then keep the tools
for future work. It is further noted that the contract price agreed to by the parties was to
be used toward supplies, materials to complete the work., and Defendant's labor.
20. Denied. The Twenty-five and 00/100 ($25.00) Dollar labor quote agreed to by the
parties was for unforeseen work items. No hourly rate for all other work was discussed,
merely that all labor for the work listed in the project was included in the contract price
as a "flat fee," which was agreed to by the parties. It is further stated that the Defendant
quoted the contract price using an average hourly rate, which is common and acceptable
within the trade and local market.
21. Denied. The Twenty-five and 00/100 ($25.00) Dollar labor quote agreed to by the
parties was for unforeseen work items. No hourly rate for all other work was discussed,
merely that all labor for the work listed in the project was included in the contract price
J
as a "flat fee," which was agreed to by the parties. As such, Plaintiff's calculations are
misguided and wrong.
22. Denied. The Twenty-five and 00/100 ($25.00) Dollar labor quote agreed to by the
parties was for unforeseen work items. No hourly rate for all other work was discussed,
merely that all labor for the work listed in the project was included in the contract price
as a "flat fee," which was agreed to by the parties. As such, Plaintiff's calculations are
misguided and wrong.
WHEREFORE, Defendant requests this Honorable Court to find in favor of the
Defendant and to award counsel fees and all other costs this Court finds reasonable.
AFFIRMATIVE DEFENSES
23. Plaintiff has failed to state a claim upon which relief may be granted.
24. Plaintiff is contributorily negligent.
25. Plaintiff has unclean hands.
26. Plaintiff has failed to mitigate damages.
27. Plaintiff's own conduct is the cause of her loss.
COUNTERCLAIMS
COUNT I
BREACH OF CONTRACT
28. Defendant incorporates the allegations in Paragraph "1" through "27," as though set
forth in this paragraph at length.
29. In an agreement dated December 6, 2012, Defendant agreed to provide contracting
services to Plaintiff. See Exhibit"A."
30. The Plaintiff agreed to pay Defendant a total sum of Thirty-two Thousand Four
Hundred and 00/100 ($32,400.00) Dollars in return for Defendant's services, which
payments would be split over a fifty (50%) percent deposit, twenty-five (25%) percent
at completion of phase one, and the remaining balance paid at final walk-thru.
31. The Defendant did provide services, which were to be completed under phase one of the
contract, before Plaintiff demanded Defendant begin phase two before phase one was
completed.
32. Upon Plaintiffs demand, Defendant requested the twenty-five (25%) percent payment,
or Eight Thousand One Hundred and 00/100 ($8,100.00) Dollars, per the terms of the
contract. See Ex. "A."
33. Plaintiff immediately rejected Defendant's request, demanded Defendant cease all work,
and threw Defendant off of Plaintiffs property.
34. Defendant made numerous attempts to speak with the Plaintiff regarding the matter,
including retrieving his tools, which were paid for by Defendant, and at all times were
Defendant's property, from Plaintiffs property.
35. Plaintiff made no attempt to have the Defendant return to work, but merely locked him
out of the property, and retained his tools without regard to the Defendant's livelihood
or resolution of the dispute.
36. Defendant sought assistance with the New Cumberland Borough Police Department, as
well as local Constable Edgar J. Siptroth, Jr., to assist in the matter, to which Plaintiff
continuously refused to return Defendant's tools, which she acknowledged were the
rightful ownership of the Defendant.
37. Defendant's tools were at all times property of the Defendant, and no claim was ever
made to question the Defendant's right to the tools.
38. Because Plaintiff refused to pay Defendant upon completion of phase one, per the
contract terms, Plaintiff is in breach of the contract. See Ex. "A."
39. To date, Plaintiff has paid to Defendant Sixteen Thousand Two Hundred and 00/100
($16,200.00) Dollars per the terms of the contract.
40. Harm to the Defendant exceeds Eight Thousand and 00/100 ($8,000.00) Dollars for
labor and materials provided.
41. Plaintiff's refusal to pay Defendant per the terms of the contract, and Plaintiff's
forcefully removing Defendant from completing any further work, Plaintiff performed
all conditions precedent under the contract.
42. Plaintiff's actions constitute a breach of contract.
WHEREFORE, Defendant requests this Honorable Court to enter Judgment in favor of
the Defendant, and against the Plaintiff, in the amount of Eight Thousand and 00/100
($8,000.00) Dollars, together with all costs of court, attorney's fees, and any other remedies this
Court deems just and proper.
COUNT II
UNJUST ENRICHMENT
43. Defendant incorporates the allegations in Paragraph "1" through "42," as though set
forth in this paragraph at length.
44. Defendant provided services to Plaintiff in materials and labor in excess of Twenty-four
Thousand Three Hundred and 00/100 ($24,300.00) Dollars.
45. The use of the material and labor, resulting in finished product, constitutes an unjust
enrichment of the Plaintiff at the Defendant's expense.
46. Specifically, the labor and materials provided by the Defendant to complete remodeling
work, which the Plaintiff is able to enjoy and utilize.
47. As a result of the unjust enrichment, Defendant has been damaged in an amount
exceeding Eight Thousand and 00/100 ($8,000.00) Dollars.
WHEREFORE, the Defendant respectfully requests this Honorable Court to enter
Judgment in favor of the Defendant, and against the Plaintiff, in the amount of Eight Thousand
and 00/100 ($8,000.00) Dollars, together with all costs of court, attorney's fees, and any other
remedies this Court deems just and proper.
COUNT III
FRAUD
48. Defendant incorporates the allegations in Paragraph "1" through "47," as though set
forth in this paragraph at length.
49. Beginning December 6, 2012, Plaintiff purposely mislead the Defendant into an
understanding that Plaintiff would timely pay the Defendant for work completed as
specific phases of the job were completed.
50. The representations made by the Plaintiff were in fact false.
51. The true fact was that the Plaintiff knowingly denied the Defendant access to his tools,
to which he makes a livelihood, when the Defendant requested payment of phase two
per the terms of the contract, as Defendant had already completed certain tasks under
Phase two per Plaintiff's demands.
52. The Plaintiff knew at all times the previous assurances to be false, and were made to the
Defendant with the intent to defraud and deceive the Defendant into entering into the
contract for work to be provided.
53. Had Defendant known the deception made by the Plaintiff at the time the contract was
entered into, Defendant would never have accepted the down deposit nor entered into
the contract with the Plaintiff.
54. Defendant's reliance on the Plaintiff was justified.
55. As a proximate result of Plaintiff's fraud and deceit, and the facts herein alleged,
Defendant has been damaged in an amount exceeding Eight Thousand and 00/100
($8,000.00) Dollars, including the loss of his tools which Plaintiff still unlawfully has
detained.
56. In doing the acts herein alleged, Plaintiff acted with oppression, fraud and malice, and
Defendant is entitled to punitive damages in an amount to be determined by a jury.
WHEREFORE, Defendant respectfully requests this Honorable Court to enter
Judgment in favor of the Defendant, and against the Plaintiff, in excess of Ten Thousand and
00/100 ($10,000.00) Dollars, together with all costs of court, punitive damages, attorney's fees,
and any other remedies this Court deems just and proper.
COUNT IV
TORTIOUS INTERFERENCE WITH PROSPECTIVE BUSINESS CONTRACTS
57. Defendant incorporates the allegations in Paragraph "1" through "56" as though set
forth in this paragraph at length.
58. Plaintiff's unlawful detainer of Defendant's tools has resulted in Defendant being
without proper tools and materials in order to practice his trade.
59. Plaintiff's claim and unlawful detainer of the Defendant's tools lack any lawful
permission under the law.
60. There is a market for the Defendant's craft and skill.
61. Defendant has been requested to complete numerous contracting jobs, but has been
required to turn down and reject work due to the Plaintiff's detainer of the tools.
62. It is well known in the contracting industry that the summer months are the most
popular and fruitful time for contractors to complete projects on customer's homes and
property.
63. Defendant was deprived of that ability due solely to Plaintiffs unlawful detainer of
Defendant's tools.
64. Since February of 2013, Defendant has had many prospective contractual relations with
potential customers.
65. Plaintiffs actions in unlawfully detaining Defendant's tools, and refusing to return the
tools, even after Defendant sought assistance by local township authorities were
intentional and harmful to the potential contractual relationship between the Defendant
and potential customers.
66. Plaintiffs actions were neither privileged nor justified.
67. Defendant has been damaged by his inability to practice his craft and skill at a time
when the market force dictates the most opportune price.
68. Such intentional, outrageous, and vexatious conduct warrants the imposition of punitive
damages.
WHEREFORE, the Defendant respectfully requests this Honorable Court to enter
Judgment in favor of the Defendant, and against the Plaintiff, in an amount which exceeds
Twenty-five Thousand and 00/100 ($25,000.00) Dollars, together with all costs of court,
punitive damages, attorney's fees, and any other remedies this Court finds just and proper.
COUNT V
INTENTIONAL INTERFERENCE WITH BUSINESS CONTRACT
69. Defendant incorporates the allegations in Paragraph "1" through "68" as though set
forth in this paragraph at length.
70. Plaintiffs actions in preventing the Defendant from retrieving his tools, and therefore
practicing his business, was done with the specific intent to harm the Defendant by
preventing a contractual relationship to occur with prospective customers.
71. Plaintiffs actions were neither privileged nor justified.
72. Defendant has been damaged by his inability to engage in work with potential
customers at a time when the market dictates the most opportune price.
WHEREFORE, the Defendant respectfully requests this Honorable Court to enter
Judgment in favor of the Defendant, and against the Plaintiff, in an amount in excess of
Twenty-five Thousand and 00/100 ($25,000.00) Dollars, together with all costs of court,
attorney's fees, punitive damages, and whatever remedies this court deems just and proper.
COUNT VI
DECLARATORY JUDGMENT PURSUANT
TO 42 Pa.C.S. §7531 et seq.
73. Defendant incorporates the allegations in Paragraph "1" through "72" as though set
forth in this paragraph at length.
74. Defendant brings this counterclaim for declaratory judgment pursuant to 42 Pa.C.S.
§7531 et seq., for the purposes of a question of actual controversy between the parties as
described more fully herein.
75. Defendant's contract with Plaintiff was to provide general contracting work to
Plaintiffs home in remodeling and renovating the home.
76. As part of the conditions of the work, Defendant, as a contractor, is required to utilize
special tools and materials in order to engage in said work.
77. Upon beginning the project, Defendant, as with any other job, provided his own tools
and materials, which have been in possession of the Defendant for the past five (5)
years.
78. After the Plaintiff made demand that the Defendant begin phase two before phase one
was completed, and in which Defendant requested the payment of Eight Thousand One
Hundred and 00/100 ($8,100.00) per the terms of the contract, Plaintiff threw the
Defendant off her property,but detained Defendant's tools.
79. Defendant made numerous attempts to retrieve the tools after the Plaintiff removed
Defendant from the property.
80. Defendant has requested assistance from New Cumberland Borough Police as well as
the local Constable Edgar J. Siptroth, who discussed the matter with Plaintiff, but
Plaintiff refused to return the tools.
81. Plaintiff is unwilling to return the tools to the Defendant even after police warned
Plaintiff of the legal ramifications, and Plaintiff acknowledged ownership of the tools
being that of the Defendant.
82. Plaintiff knows that the lawful ownership of the tools are that of the Defendant.
83. Defendant is unable to practice his trade without return of the tools, and has accepted
great loss financially due to being unable to replace the tools, as their value is quite
expensive and currently outside of Defendant's means to replace.
84. Defendant is able to provide documentation that all tools in Plaintiff's possession are
that of the Defendant, and that no proceeds from the contract price for the work on
Plaintiff's home went toward purchasing tools, which Defendant would reuse in future
business contracts.
85. Defendant requests a declaration be made that the rightful ownership of the tools belong
to the Defendant, and that Plaintiff does not have lawful right to deny Defendant right to
his tools.
WHEREFORE, the Defendant respectfully requests this Honorable Court to enter
Judgment in favor of the Defendant and against the Plaintiff, declaring that:
a. Defendant is the rightful owner of the tools and materials; and
b. Plaintiff is without lawful cause to withhold said tools, which is the rightful
ownership of the Defendant.
DEMAND FOR JURY TRIAL
Defendant hereby demands that the trial of all issues be heard by a Judge sitting with a jury.
Respectfully submitted,
LAW OFFICES OF PETER J. RUSSO, P.C.
BY:
er J. Rust'squire
PA Supre e Court ID: 72897
1Paul D. Edger, Esquire
PA Supreme Court ID: 312713
5006 East Trindle Road, Suite 203
Mechanicsburg, PA 17050
Telephone: (717) 591-1755
Attorneys for Defendant
Date: 7-/Z 6.//
VERIFICATION
I, Chad Seachrist, verify that the statements made in the foregoing document are true and
correct. I understand that false statements herein are made subject to the penalties of perjury of 18
Pa.C.S. §4904 relating to unsworn falsification to authorities.
Date: 7' - /? d1.9'
ad Seachrist
LAW OFFICES OF PETER J. RUSSO,P.C.
BY: Paul D. Edger, Esquire
PA Supreme Court ID: 312713
Peter J. Russo, Esquire
PA Supreme Court ID: 72897
5006 East Trindle Road, Suite 203
Mechanicsburg,PA 17050
Telephone: (717) 591-1755
Attorneys for Defendant
PEGGY MATANGOS, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA
v. : CIVIL ACTION-LAW
CHAD SEACHRIST, : NO. 2013-3029
Defendant : JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I, Derek M. Strouphauer, Paralegal, hereby certify that I am on this day serving a copy
of the foregoing Answer and Counterclaims to Plaintiff's Complaint upon the person and in the
manner indicated below and addressed as follows:
United States First Class Mail, Return Receipt Requested:
John A. Davidson, Esquire
Law Office of John A. Davidson
107 North Front Street, Suite 117
Harrisburg, PA 17101
Ik4abft"- 411I0
Date: Voy/cybo / aj .ot _
- - ► . Stroup auer, aralega
Y
PEGGY L. MATANGOS : IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
VS. 4..�
NO. 13-3029
CHAD SEACHRIST
r--
-Z
Defendant : CIVIL ACTION-LAW < ,:m
PLAINTIFF'S ANSWER TO COUNTERCLAIMS
AND NOW comes Plaintiff Peggy L. Matangos by and through her counsel, John A.
Davidson, Esq. files this answer to defendant Chad Seachrist's Counterclaims to her original
complaint, and files a new matter.
ANSWER TO COUNTERCLAIMS
COUNTI
BREACH OF CONTRACT
28. This is an incorporation paragraph to which no response is required.
29. Admitted
30. Admitted
31. Admitted in part and denied in part. By way of further clarification while it is true
that the Plaintiff asked the Defendant to be there for the delivery of the kitchen
cabinets, which was part of Phase 2, however due to the Defendants failure to perform
the tasks laid out in the contract in a workmanlike manner, to wit his failure to
actually perform the work he was contracted to perform. Due to this failure by the
Page 1 of 13
defendant deliveries of materials that were to be used in Phase II were to be delivered
before the Defendant had completed the work need to complete Phase I, which the
Defendant admits in this paragraph that he has not completed. The plaintiff should
not be punished for the Failures of the Defendant.
32. Admitted in part and denied in part, while the defendant did ask for the payment
required by the contract after the completion of Phase I. The contract (herein attached
as Exhibit A), drafted by the Defendant or by agents of the Defendant, states that the
defendant is to paid the $8,100 at the completion of Phase I. Since by the Defendants
own admission, (in paragraph 31 of this counterclaim) he had not completed Phase I,
he was not entitled to payment for Phase I under the contract he (or his agents)
drafted, therefore the Plaintiff was not in breach of the contract by denying payment.
33. Admitted in part and denied in part. While it is true that the Plaintiff asked the
Defendant to cease all work, this was not due to his request for payment, it was due to
his failure to perform the duties as outlined in the contract in a workmanlike manner,
there is no provision in the contract that the Defendant or his agents drafted that does
not allow the termination of the agreement by either of the parties nor does the
contract create any sort of procedure for the contract to be ended.
34. Denied, by way of further clarification, Plaintiff offered Defendant an opportunity
after she ended the contract to pick up the tools and he refused at that time. By
refusing and not providing a reasonable alternative, defendant has relinquished all
right to the tools as they are abandoned property.
Page 2 of 13
35. Denied, by way of further clarification the Defendant at no time tried to resume
work on the project and this answer presents no proof such as letters or e-mail to the
plaintiff asking to resume work on the project, as such we demand strict proof thereof
at trial.
36. Denied. After reasonable investigation, the Plaintiff is without knowledge or
information sufficient to form a belief as to the averments of this paragraph and the
averments are therefore denied, with strict proof thereof demanded at trial.
37. Admitted in part and denied in part, we admit that at the time all of the tools were
the personal property of the defendant. However because the Plaintiff offered
Defendant an opportunity after she ended the contract to pick up the tools and he
refused at that time, By refusing and not providing a reasonable alternative, defendant
has relinquished all right to the tools as they are abandoned property.
38.Denied, by way of further clarification, by the Defendants own admission, (in
paragraph 31 of this counterclaim) he had not completed Phase I, Therefore he is not
entitled to payment for Phase I under the contract that he (or his agents) drafted.
39. Admitted
40. Denied as by his own averment he stated that he had not completed Phase I (in
paragraph 31 of this counterclaim), therefore he is not entitled to any payment for the
completion of Phase I per the terms of the contract that the Defendant or his agents
drafted, furthermore any delays in completing Phase I are due to the Defendant's not
performing the duties outlined in the contract in a workmanlike manner.
Page 3 of 13
41. Denied, by way of further clarification, by the terms of the contract Defendant was
paid for the work he performed according to the terms of the contract since by his own
admission he never completed Phase I of the contract (in paragraph 31 of this
counterclaim), he is not entitled to payment that would have been due after the
completion of Phase One. Therefore the Plaintiff has met the terms of the contract.
42. This allegation is a conclusion of law and as such neither has to admitted or
denied. In so far that this is a general allegation that the Plaintiff is in breach of the
contract in question in this matter, this allegation is denied.
WHEREFORE, Plaintiff requests that this honorable court deny the Defendants
counterclaim for breach of contract.
COUNTII
UNJUST ENRICHMENT
43.This is an incorporation paragraph to which no response is required.
44. Denied, by way of further clarification, Since the Defendant admits (in Paragraph
39 of his first counterclaim) that the Plaintiff paid the Defendant$16,200 as required by
the contract, and since by his own admission (in paragraph 31 of the previous
counterclaim) the Defendant never completed Phase I as defined by the contract he or
his agents drafted, therefore he would only be entitled at most to the$16,200 that he
was originally paid. In addition of receipts of materials purchased by the Defendant
supplied to the Plaintiff by the Defendant, even if you ignore the dispute in our
complaint of some of these expenses, the price of materials purchased by the
Page 4 of 13
defendant is only$6737.52 Since at the most he spent(which is verified) is$6737.52, if
you deduct the amount spent on materials versus the deposit already paid ($16,200-
$6737.52) this gives a value of the labor provided by the defendant as $9462.18.
However even the Defendant admits that he is not entitled to the full amount as he has
stated that even including the value of the tools that he claims are in the clients
possession(which is not covered under the contract drafted by the defendant or his
agents and is not broken out at any amount in the letter) that he owes the plaintiff
based on the deposit she provided he owes her$1,653 (the letter in which this
statement is made is Herein attached as Exhibit B). In addition whether or not the
Defendant performed the work required for the payment under the contract is under
dispute in the original complaint..
45.Denied,by way of further clarification, Since the Defendant admits (in Paragraph
39 of this counterclaim) that the Plaintiff paid the Defendant$16,200 as required by the
contract, and since by his own admission (in paragraph 31 of the previous
counterclaim) the Defendant never completed Phase I as defined by the contract he or
his agents drafted, therefore he would only be entitled at most to the$16,200 that he
was originally paid. In addition the Defendant admits that he is not entitled to the full
amount as he has stated that even including the value of the tools that he claims are in
the clients possession (which is not covered under the contract drafted by the
defendant or his agents and is not broken out at any amount in the letter) that he owes
the plaintiff based on the deposit she provided he owes her$1,653 (the letter in which
Page 5 of 13
this statement is made is Herein attached as Exhibit B). No unjust enrichment has
occurred as by his own admission the Plaintiff has overpaid for the work performed.
46. Denied, by way of further clarification, The amount of labor and materials
provided by the Defendant in the matter of the original complaint in this matter,
however since the defendant admits (in paragraph 31 of this counterclaim in this
matter) that he never completed Phase I, the only payment he would be entitled to is
the$16,200 he has already been paid. And since by his own admission he admits that
he has been overpaid, no unjust enrichment on the behalf of the plaintiff could have
occurred.
47. Denied, and by way of further clarification since by his own admission (in
paragraph 31 of the first counterclaim in this matter) that he never completed Phase I
of the contract he is at most entitled to the amount of money already paid, of which he
has already stated he is not entitled to (the letter in which this statement is made is
Herein attached as Exhibit B).
WHEREFORE, Plaintiff requests that this honorable court deny the Defendants
counterclaim for breach of contract.
Page 6 of 13
COUNT III
FRAUD
48. This is an incorporation paragraph to which no response is required.
49. Denied, by way of further clarification, at no point did the Plaintiff mislead the
Defendant about her goal, which was to have the property in question renovated so
that she could sell it for a profit.
50. The defendant does not provide enough specificity in this allegation so that the
Plaintiff can offer a response. In so much as response is required this allegation is
denied, with strict proof thereof demanded at trial.
51. Denied, by way of further clarification, in the first case, The Plaintiff offered, after
the defendant was fired to allow him to pick up his tools which he refused to do. In
addition under the terms of the contract that defendant or his agents drafted, he was
to be paid for Phase I when it was completed which he admits (in Paragraph 31 of his
counterclaim) that it never was, due to this fact even if he completed tasks under
Phase II of the contract, he was not to be paid for Phase I until it was completed under
the contract he or his agents drafted, and given that he had not completed Phase I the
idea that he should be paid for phase II (the payment for which under the contract was
to occur after;a Final walkthrough) is not provided for under the contract that the
Defendant or his agents drafted.
52. Denied, by way of further clarification Plaintiff would have liked nothing more
than for the work to be completed by the defendant as set out in the contract. However
Page 7 of 13
due to his inability to fulfill the contract by performing the tasks required by the
contract in a workmanlike manner, she chose to end the employment of the
Defendant. If Defendant avers otherwise the Plaintiff demands strict proof at time of
Trial.
53. This is a conclusion of fact with no support of any underling statements, in so
much as response is required; the Plaintiff denies the allegation and demands strict
proof at time of trial.
54. Admitted
55. Denied, the Defendant has fail to provide any substantial proof to support these
allegations.
56. Denied, and by way of further clarification, this allegation lacks foundation further
the Defendant has not made out a complaint for fraud with the specificity required by
the Pennsylvania rules of Civil Procedure.
WHEREFORE, Plaintiff requests that this honorable court deny the Defendants
counterclaim for Fraud.
COUNT IV
TORTIOUS INTERFERENCE WITH PROSPECTIVE BUSINESS CONTRACTS
57. This is an incorporation paragraph to which no response is required.
58. Denied, Defendant has provided no proof of this claim in this counterclaim
therefore we demand strict proof at time of trial.
Page 8of13
59. Denied, by way of further clarification, Plaintiff offered Defendant an opportunity
after she ended the contract to pick up the tools and he refused at that time. By
refusing and not providing a reasonable alternative, Defendant has relinquished all
right to the tools as they are abandoned property.
60. Denied, Defendant has provided no proof of this claim in this counterclaim
therefore we demand strict proof at time of trial.
61. Denied, Defendant has provided no proof of this claim in this counterclaim
therefore we demand strict proof at time of trial.
62. Admitted.
63. Denied, Defendant has provided no proof of this claim in this counterclaim
therefore we demand strict proof at time of trial.
64. Denied, Defendant has provided no proof of this claim in this counterclaim
therefore we demand strict proof at time of trial.
65. Denied, Defendant has provided no proof of this claim in this counterclaim
therefore we demand strict proof at time of trial.
66. Denied, by way of further clarification, Plaintiff offered Defendant an opportunity
after she ended the contract to pick up the tools and he refused at that time. By
refusing and not providing a reasonable alternative, defendant has relinquished all
right to the tools as they are abandoned property.
67. Denied, Defendant has provided no proof of this claim in this counterclaim
therefore we demand strict proof at time of trial
Page 9 of 13
68. Denied, and by way of further clarification, this allegation lacks foundation further
the Defendant has not provided any proof in this answer of any damage suffered by
the defendant, therefore no punitive damages are justified.
WHEREFORE, Plaintiff requests that this honorable court deny the Defendants
counterclaim for Tortious Interference with Prospective Business Contracts
COUNT V
INTENTIONAL INTERFERENCE WITH BUSINESS CONTRACT
69. This is an incorporation paragraph to which no response is required.
70. Denied, Defendant has provided no proof of this claim in this counterclaim
therefore we demand strict proof at time of trial.
71. Denied, by way of further clarification, Plaintiff offered Defendant an opportunity
after she ended the contract to pick up the tools and he refused at that time. By
refusing and not providing a reasonable alternative, defendant has relinquished all
right to the tools as they are abandoned property.
72. Denied, Defendant has provided no proof of this claim in this counterclaim
therefore we demand strict proof at time of trial.
WHEREFORE, Plaintiff requests that this honorable court deny the Defendants
counterclaim for Intentional Interference with Business Contract.
Page 10 of 13
COUNT VI
DECLARITORY JUDGMENT PURSUANT
TO 4212a.C.S.§ 7501 et seg.
73. This is an incorporation paragraph to which no response is required.
74. Admitted.
75. Admitted.
76. Admitted.
77. Admitted.
78. Denied,by way of further clarification, Plaintiff never demanded that Phase II be
started before Phase I was completed; she merely asked that the Defendant be present
for the arrival of the kitchen cabinets that had already been ordered based on the
assumption that the defendant would have completed Phase I by then. Furthermore
Plaintiff did not deprive the Defendant of the Defendant's tools, instead Plaintiff
offered Defendant an opportunity after she ended the contract to pick up the tools and
he refused at that time. By refusing and not providing a reasonable alternative,
defendant has relinquished all right to the tools as they are abandoned property.
79. Denied. After reasonable investigation, the Plaintiff.is without knowledge or
information sufficient to form a belief as to the averments of this paragraph and the
averments are therefore denied, with strict proof thereof demanded at trial.
Page 11 of 13
80. Denied. After reasonable investigation, the Plaintiff is without knowledge or
information sufficient to form a belief as to the averments of this paragraph and the
averments are therefore denied, with strict proof thereof demanded at trial.
81. Denied. After reasonable investigation, the Plaintiff is without knowledge or
information sufficient to form a belief as to the averments of this paragraph and the
averments are therefore denied, with strict proof thereof demanded at trial.
82. Denied as Plaintiff did not seek to retain his tools, instead Plaintiff offered
Defendant an opportunity after she ended the contract to pick up the tools and he
refused at that time. By refusing and not providing a reasonable alternative, defendant
has relinquished all right to the tools as they are abandoned property, therefore they
are no longer the property of the defendant.
83. Denied, Defendant has provided no proof of this claim in this counterclaim
therefore we demand strict proof at time of trial.
84. Denied, Defendant has provided no proof of this claim in this counterclaim
therefore we demand strict proof at time of trial.
85. Admitted in part and denied in part, while we admit that the Defendant is seeking
the return of his tools, we contend that because Plaintiff offered Defendant an
opportunity,after she ended the contract to pick up the tools and he refused at that
time. By refusing and not providing a reasonable alternative, defendant has
relinquished all right to the tools as they are abandoned property, therefore they are
no longer the property of the defendant.
Page 12 of 13
WHEREFORE, Plaintiff requests that this honorable court deny the Defendants
counterclaim for Declaratory Judgment Pursuant To 42 Pa.C.S..§ 7501 et seq.
Respectfully submitted:
Date: August 15, 2013
John A. Davidson
ID Number 200503
The Law Office of John A. Davidson
107 North Front Street
Suite 117
Harrisburg PA 17101
Tel: (717) 238-4043
Fax: (717) 238-4198
JAD @JohnADavidsonesq.com
Page 13 of 13
EXHIBIT A
/ell &07 Al
Change of Work Order
Owner and Billing Address Jobsite Address
Peggy Matangos 1707 Sherwood Road
1709 Sherwood Road New Cumberland,PA 17070
New Cumberland, PA 17070
Bathroom
Remove all plaster and replace with new mold resistant drywall 0/`I 1-7 C�f)6e /9,t�'
Remove and install new water shut off(vanity,toilet,shower/tub) ritA> if, 19C7t/AA,7e
Remove old duct work and reroute to dill went b4cation !
ce5> i/- d/rhK�oM ,dolt.
Kitchen & Dinning; Room '
Install new Laminate flooring and continued threw dinning room
Remove and install new water shut off(sink,and dishwasher)
Relocate power source for stove and dishwasher
Install new power source for microwave hood
Install 6 additional cabenits
Basement
Remove all existing ceiling,clean/prep for painting white
Remove bathroom wall and new wall replaced to expand room size
Install new lighting on finished portion
LAV M 4 d-y 0SA X-1 if o•r1 D O O/k-
Living Room
Remove slats"half wall"and patching/sanding
'12UM Ve 00sy -*dalo6_a0 F0 it aeJ&I 1AL. CA61AE-1 I-P►1044 '1---
$ 3000.00 buffer included in job estimate for unforeseen fixes N c::,,,,,,:s'
e 0.5-f tb IL eau JJ yl�t 10P +oA6r A!`fs ---LJL - --
rogovl a/s> �4 aC�C 1'tN��ot �!..• r______
emove cost for basement ceiling drywall from estimate
—Remove cost for kitchen linoleum fmm estimate ��r'`__'';,� _
- g fin v,` Oo,sy F10f 7) /1 NAeC vPs,-sW� you
Owner La< —"' Date
'
. ..f••..
Contractor Date
Thu,31 Jan 201312:59 Ph
I
Residential Remodeling Estimate
Owner and Billing Address Jobsite Address
Peggy Matangos 1707 Sherwood Road
1709 Sherwood Road New Cumberland,PA 17070
New Cumberland,PA 17070
Master Bed .Room
Remove wall paper
Patch holes
New drywall on ceiling, mud all joints
Paint entire room White
Install 2 new windows 36"x50"-
Replace 3 outlets, 1 switch,covers, and light fixture
Replace register covers
Replace 2 door knobs
Bed Room 2
Remove wall paper
Patch holes
Paint entire room White
Install 2 new windows 36'x50"
Replace 3 outlets, 1 switch,covers, and light fixture
Replace register covers
Replace 2 door knobs
Bed Room 3
Remove wall paper
Patch holes
Paint entire room White
Install 1 new window 52"x50"
Replace 3 outlets, 1 switch,covers,and light fixture
Replace register covers
Replace 2 door knobs
Hallwg
Patch holes
Replace Light
Paint entire room White 4X_ C',f
Replace switch and cover - 1 - _ Initial
Thu,6 Dec 2012 3:24 PN
Bath Room 1 st Floor
Remove and Install New Tub and Shower, faucet,and plumbing
Remove and Install New Toilet
Remove and Install New Vanity,faucet,and plumbing
Install New linoleum Flooring
Install New Mod. Cabinet
Remove Old Cabinet and Replace Drywall
Install New Window 18"x3T'
Paint entire room White(mildew resistant)
Remove outlet by Tub,patch hole
Replace switch and new GFI outlet bye door,new double cover
Replace register cover
Replace door knob
Living Room
Patch holes
Paint entire room White
Replace 5 outlets,4 switches,covers and light
Install New exterior Steel Door,Screen Door,and Knobs
Install New Window 69"x50"
Remove"Half Wall"inside front door,Fix drywall —4Af pD 7'p THS7 �fF/4ovi,�G Sc-A7 S
Replace register covers
Dining Room
Patch Holes
Paint entire room White
Install new window 52"x50"
Replace register covers
Kitchen
Remove and Install New Cabinets as per plan(see attached plan)
Remove and Install New Counter Tops as per plan(see attached plan )
Install new single bowl sink and faucet
Install New Dishwasher(provided by owner)
Install New Range/Oven (provided by owner)
Install New Hood fanlight over Range
Remove and Replace Refrigerator/Freemr(provided by owner)
New linoleum Flooring Installed
Replace 4 outlets,2 GFI outlets, 3 switches and covers
Install new light over sink
Install new fanlight in kitchen
Paint entire room White(mildew resistant )
Install New window 36"x3T' `� � ct
Replace register covers -2- Initial
Thu,6 Dec 2012 3.24 PM
Basement
Remove and Install new toilet
Install new vanity,faucet,and plumbing
Install new wash room sink,faucet,and plumbing
Drylock entire basement walls
New drywall installed on"finished"portion of basement(walls and ceilings}
Paint entire room White
Install new linoleum flooring on"finished"portion of basement
Repair steps from first floor to basement
Replace exterior Steel Door,Screen Door,and Knobs
Install 4 new basement windows 15"x32"
All materials and labor for above listed are inch in job estimate.
Total Renovation Estimate$32,400.40
Any and all unforeseen repairs are to be billed on a Time and Materials Rate.
These rates are as follows
Materials-at cost
Labor-$25.00 per hour
Payment will be as follows
50%down payment $ 16,204.40
25%at completion of first phase $8,100.00
Remaining balance of renovation paid at final walk-thru
First phase includes all bed rooms,hallway,bath room,and living room.
The above terms are satisfactory and are hereby approved by owner and contractor.
PeghyMatangos—owner Date
--`� .2- i;z
Chad'Seachrist--contractor Date
416 Hillside Rd.
New Cumberland,PA 17070
PA#083221 G'1'
Initial
-3-
Thu.6 Dec 2012 3:24 PM
EXHIBIT B
LAW OFFICES OF
PETER JAUSSOP.c.
PETER J. RUSSO, ESQUIRE AffomEys AT LAW ASHLEY R. MALCOLM, PARALEGAL
KATHLEEN MISTURAK-GINGRICH, ESQUIRE" DEREK M. STROUPHAUER. PARALEGAL
LINDSAY GINGRICH MAcLAY, EsquIRE" LAURIE L.WATSON. PARALEGAL
PAUL D. EDGER. ES(:)_UIPE
THOMAS D.GOULD, ESQUIRE
-ADMITTED IN PA&NJ
Wednesday,June 19, 2013
John A.Davidson,Esquire VIA CERTIFIED MAIL
Law Office of John A.Davidson RETURN RECEIPT REQUESTED
107 North Front Street, Suite 117
Harrisburg,PA 17101
RE: Peggy Matangos v. Chad Seachrist
Docket No. 13-3029
Dear Attorney Davidson,
My office has the pleasure in representing Mr. Chad Seachrist in regard to the above-
referenced matter. Please be advised that my office was only retained June 17, 2013, and at no
time prior to that time was my client represented by counsel, contrary to your prior statements to
my client. I am in receipt of your letter dated June 12,2013, in which you advise my client of the
improper service requirements under Rule 400, as well as the appeal taken in Mr. Seachrist's
favor at the District Magistrate.
I agree with you that your interpretation of Rule 400 is correct. My client's service of the
Notice of Appeal, after having been docketed and time-stamped with the Court of Common
Pleas, was improper, due to his own personal service and being a party to the suit. As such, I am
prepared to file upon you, as attorney of record,notice of the appeal. However, in the interest of
settling this matter, I am holding off on filing and starting the clock for which you to respond and
file the appropriate complaint. However,if settlement discussion falls short,or becomes stalled, I
will be serving upon you the Notice unless you advise me otherwise of your inability to accept
service.
My client has authorized me to make the following settlement offer. After calculation of
the cost of materials, labor, and the value of the tools detained by your client (which therefore
interfered with business contracts of my client), my client is willing to return to Ms. Matangos
the sum of One Thousand Six Hundred Fifty-Three and 00/100($1,653.00)Dollars. We feel this
amount is an "overpayment" of the 50% deposit made by Ms. Matangos, for the work to begin,
offset with the cost of materials,labor and tools your client illegally withhold from my client.My
client is willing to make said payment within thirty (30)days if the parties agree and enter into a
private agreement concerning the matter, return the tools in the same condition they were in
February,as well as all Judgments being dismissed with the Court by both parties. If the tools are
not in the same condition, the amount we are willing to offer will be reduced to compensate my
5006 EAST TRINDLE ROAD. SUITE 203, MECHANICSBURG. PA 17050
PHONE:(717) 591-1755 FAX:(717) 591-1756
inn
John A.Davidson,Esquire
Page 2
June 19,2013
client for replacement of those tools. If this offer is rejected,my client has been advised as to the
amount of compensation we are prepared to seek in litigation.
Further, please be advised that I am also enclosing with this letter a Notice of Mechanics
Lien pursuant to 49 Pa.C.S. §1501. Please be advised that should a resolution not be reached, I
will immediately file a lien upon Ms. Matangos's property. If the settlement offer my client has
provided is not acceptable to your client,please provide a check made out to The Law Offices of
Peter J. Russo, P.C. in the amount of Eight Thousand One Hundred and 001100 ($8,100.00)
Dollars no later than July 19, 2013, or I will file the aforementioned lien with the Court. As Mr.
Seachrist is not a subcontractor, the thirty (30) day notice requirement as provided is merely a
formality, and upon rejection of the settlement, the lien will be filed immediately.
Finally,I had the opportunity to listen to the voicemail message you had left for my client
on Tuesday,June 12,2013. As I am sure you are aware,an attorney"bullying" an unrepresented
party is an issue that the Pennsylvania Supreme Court and Disciplinary Board take very seriously
and have little patience for. As such, I would advise you that if you ever speak to my client in
such a manner again, I will have no other choice but to report you to the Disciplinary Board for
your actions and assist the Board in whatever actions they choose to pursue. At the time you left
the message, contrary to your assumption, my client was not represented, but was in the process
of retaining my services and seeking legal advice on the matter. Regardless, it is the actions in
which you took that give attorneys a bad name, and one I am completely ashamed of, and have
little patience for.
This offer is available for seven(7)days from the date of this letter. Should you have any
questions or concerns, please contact me directly at (717) 591-1755 extension 104, or via email
at pedger @pjrlaw.com, or via my paralegal, Derek M. Strouphauer, extension 114, or via email
at dstrouphauer @pjrlaw.com.
VV erytruly yours,
P .Edger, uire .�
PDE/
Enclosures
cc: Mr. Chad Seachrist(w/enclosures via email only)
CERTIFICATE OF SERVICE
And Now, on this 15th day of August 2013 I,John A. Davidson, attorney for the
Defendant, Peggy L. Matangos., hereby certify that I have served true and correct copies
of the within documents, on Paul D. Edger, Esquire, the attorney for the Plaintiff by
delivering same via hand delivery to Paul D. Edger, Esquire. At the following address:
Law Offices of Peter J. Russo, P.C,
5006 East Trindle Road
Suite 203,
Mechanicsburg, PA 17050
The Law Office of John A. Davidson
By
John A. Davidson
ID # 200503
107 North Front Street
Suite 117
Harrisburg, PA 17101 .
Attorney for Plaintiff
ET.LI-0 F.FiL::
1 PRO 7.1-10140tAfi
Peggy Matangos
1709 Sherwood Road 20111 JAN -2 PM 37
New Cumberland, Pa 17070
PLAINTIFF CUMBERLAND COUNTY
PENNSYLVANIA
VS IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
PENNSYLVANIA
CIVIL ACTION-LAW
DOCKET NO. 13-3029
Chad Seachrist
416 Hillside Road
New Cumberland,Pa 17070
DEFENDANT
PRAECIPE TO DISMISS
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Peggyivfatangos
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eachrist
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COMMONWEALTH OF PENNSYLVANIA
Patricia k NClor°tadonrialttBf tY
Fairview Twp„York County
,ty,Commission Expires July 31,2017
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