HomeMy WebLinkAbout13-5057 Supreme Cout-f Pennsylvania
��' For Pro thonota ry Use O nly:
Court.:of- Common Pleas ry y: T,
G i1'Cover Sheet .1,.
- 1 ; t 1 tt Docket No: al
CUMBERLAND, County
1
The information collected on this forin 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 lax- Complaint J Writ of Summons � � Petition
0 Transfer from Another Jurisdiction E] Declaration of Taking
E
C Lead Plaintiff's Name: Lead Defendant's Name:
Bruce F. Bratton MC Design, LLC
T Dollar Amount Requested: [Xi within arbitration limits
I Are money damages requested? M Yes C l No (check one) [J outside arbitration limits
O
N Is this a Class Action Suit? Ej Yes C No Is this an MDJAppeal? [3 Yes 9 No
A Name of Plaintiff /Appellant's Attorney: Jason P. Kutulakis, Esquire
Check here if you have no attorney (are a Self - Represented [Pro Se] 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
0 Intentional 0 Buyer Plaintiff Administrative Agencies
-1 Malicious Prosecution -1 Debt Collection: Credit Card 0 Board of Assessment
Fj Motor Vehicle 1 Debt Collection: Other M Board of Elections
E3 Nuisance 1j Dept. of Transportation
Premises Liability ( Statutory Appeal: Other
S -- Product Liability (does not include
Employment Dispute:
mass tort)
E Discrimination
0 Slander/Libel/ Defamation
C 0 Other: � Employment Dispute: Other El Zoning Board
E l Other:
T
I Other:
O MASS TORT Breach of Contract
- Asbestos
N - Tobacco
1] Toxic Tort - DES
0 Toxic Tort -Implant REAL PROPERTY MISCELLANEOUS
- Toxic Waste 0 Ejectment J Common Law /Statutory Arbitration
Other: El Eminent Domain /Condemnation - Declaratory Judgment
B 0 Ground Rent - Mandamus
0 Landlord /Tenant Dispute [J Non - Domestic Relations
0 Mortgage Foreclosure: Residential Restraining Order
PROFESSIONAL LIABLITY - Mortgage Foreclosure: Commercial ! 3 Quo Warranto
Dental Partition '? Replevin
Ej Legal 117 Quiet Title 0 Other:
1 Medical Q Other:
Other Professional:
Updated 1/1/2011
BRUCE F. BRATTON and IN THE COURT OF COMMON PLEAS OF
HOLLY J. BRATTON, husband and wife CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs, C ,
V. DOCKET NO: f 3 ��5 7. a r ` n c
z ::D C -5
MC DESIGN, LLC, CIVIL ACTION -LAW -<
CD
Defendant c
NOTICE TO PLEAD
TO: MC Design, LLC `
420 Candlewyck Road
Camp Hill, PA 17011
Pro Se Defendant
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 other claim or relief requested by the Plaintiff. You may lose money or property or other
rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Pennsylvania Bar Association
Lawyer Referral Service
1- 800 - 692 -7375 (PA ONLY)
or 717 - 238 -6715
Respectfully Submitted,
BOM & KUTULAKIS, LLP
Date: �7�a(2'a01'd
J .son . P Kutulakis, Esquire
ttorney ID # 80411 9 163,75
2 West High Street yy�
Carlisle, PA 17013 S
(717) 249 -0900
Attorney Plaintiffs
Alo &
&U l ULAKIS
Jason P. Kutulakis, Esquire
Attorney I.D. #: 80411
2 West High Street
Carlisle, PA 17013
(717) 249 -0900
BRUCE F. BRATTON and IN THE COURT OF COMMON PLEAS OF
HOLLY J. BRATTON, husband and wife CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs, / �
vi. DOCKET NO: 3 J 7 d yr f
I
MC DESIGN, LLC, CIVIL ACTION -LAW
Defendant
COMPLAINT
AND NOW, come the Plaintiffs, Bruce F. Bratton and Holly J. Bratton, by and through
their counsel, Jason P. Kutulakis, Esquire, of ABOM & KUTULAKIS, L.L.P., and brings this
action against the above -named Defendant to recover damages, attorney fees, and costs, upon the
following cause of action:
PARTIES
1. Plaintiffs are Bruce F. Bratton and Holly J. Bratton, adult individuals, husband and
wife, residing at 4709 Rock Ledge Drive, Harrisburg, Pennsylvania 17110.
2. Defendant MC Design, a Limited Liability Company with registered place of
business within the Commonwealth of Pennsylvania at 420 Candlewyck Road, Camp .
Hill, Pennsylvania 17011.
FACTUAL BACKGROUND
3. Paragraphs one (1) through two (2) are incorporated herein.
4. On or about January 11, 2011, Plaintiffs and Defendant entered into a Contract
pursuant to which the Defendant agreed to perform certain remodeling work at the
home of the Plaintiffs at 4709 Rock Ledge Drive, Harrisburg, Pennsylvania,
specifically including but not limited to remodeling of the master bathroom at such
residence in exchange for payment for the work by the Plaintiffs. See, Contract,
attached hereto as Exhibit "A ".
5. Defendant breached the Contract by, inter alia, failing to follow the design criteria
established by Plaintiffs at the time of the creation of the Contract; to wit, by
acquiring and installing a shower enclosure which the Plaintiffs had neither approved
nor specified for installation.
6. As a result of Defendant's breach of its obligations under the Contract, Plaintiffs
terminated any further work by the Defendant at Plaintiffs' residence.
7. Under the terms of the Contract, Defendant was obligated, inter alia, to replace the
tile flooring in the master bathroom with ceramic tile which was paid for by Plaintiffs
and to construct a tile walled shower, to remove the existing shower enclosure, to
remove the linen closet in the hallway to the master bedroom suite, and to wall over
the opening of that closet with drywall.
8. Defendant failed to perform the above - described work properly and in good and
workmanlike fashion in that Defendant:
a. Failed to level the subfloor on which the tile floor was to be installed;
b. Failed to install cement board as a subflooring in order to make the subfloor more
stiff and less likely to flex and level;
c. Failed to insure that the subfloor was level before installing the tile floor and, in
fact, installed the tile floor over a ridge in the flooring which ran most of the
length of the bathroom;
d. Failed to construct the wall to cover the former entrance to the linen closet in a
good and workmanlike manner which left a visible outline of the former opening
in the wall which could not be eliminated by paint as there was a rough texture
outline of the doorway still visible and which left visible gaps between the
baseboard and drywall;
e. Failed to properly install the tile floor in the master bathroom so that the tiles
would not crack over a ridge in the subflooring and would properly adhere to the
subflooring;
f. Failed to repair the hallway drywall and baseboard while closing off the linen
closet doorway; and
g. Failed to properly mix and apply adhesive to the back of each tile so the flooring
tiles would not come loose from the subflooring.
9. As a result of the aforesaid failure and defaults of the Defendant, months after the
Defendant's installation of the floor tiles in the master bathroom, the tiles installed by
Defendant cracked and came loose from the subfloor, which thus required
replacement of the entire floor to insure that all floor tiles would be from the same lot
and, therefore, would all match.
10. As a result of the failures of the Defendant, Plaintiffs have incurred or will incur the
following costs, expenses, and losses;
a. Removal of the defectively installed flooring and replacement with properly
installed cement board, leveling material, adhesive and floor tiles, including the
cost of the replacement tiles and materials at an estimated cost of $2,564.60.
b. Cost of remedial work to properly complete the enclosure of the former linen
closet opening at an estimated cost of $500.00.
COUNT I — BREACH OF CONTRACT
1.1. Paragraphs one (1) through ten (10) are incorporated herein.
12. On or about January 11, 2011, Plaintiffs and Defendant entered into a Contract
pursuant to which the Defendant agreed to perform certain remodeling work at the
home of the Plaintiffs at 4709 Rock Ledge Drive, Harrisburg, Pennsylvania,
specifically including but not limited to remodeling of the master bathroom at such
residence in exchange for payment for the work by the Plaintiffs. See, Contract,
attached hereto as Exhibit "A ".
13. Defendant breached the Contract by, inter alia, failing to follow the design criteria
established by Plaintiffs at the time of the creation of the Contract; to wit, by
acquiring and installing a shower enclosure which the Plaintiffs had neither approved
nor specified for installation.
14. As a result of Defendant's breach of its obligations under the Contract, Plaintiffs
terminated any further work by the Defendant at Plaintiffs' residence.
15. Under the terms of the Contract, Defendant was obligated, inter alia, to replace the
tile flooring in the master bathroom with ceramic tile which was paid for by Plaintiffs
and to construct a tile walled shower, to remove the existing shower enclosure, to
remove the linen closet in the hallway to the master bedroom suite, and to wall over
the opening of that closet with drywall.
16. Defendant failed to perform the above - described work properly and in good and
workmanlike fashion in that Defendant:
a. Failed to level the subfloor on which the tile floor was to be installed;
b. Failed to install cement board as a subflooring in order to make the subfloor more
stiff and less likely to flex and level;
c. Failed to insure that the subfloor was level before installing the tile floor and, in
fact, installed the tile floor over a ridge in the flooring which ran most of the
length of the bathroom;
d. Failed to construct the wall to cover the former entrance to the linen closet in a
good and workmanlike manner which left a visible outline of the former opening
in the wall which could not be eliminated by paint as there was a rough texture
outline of the doorway still visible and which left visible gaps between the
baseboard and drywall;
e. Failed to properly install the tile floor in the master bathroom so that the tiles
would not crack over a ridge in the subflooring and would properly adhere to the
subflooring;
f. Failed to repair the hallway drywall and baseboard while closing off the linen
closet doorway; and
g. Failed to properly mix and apply adhesive to the back of each'tile so the flooring
tiles would not come loose from the subflooring.
17. As a result of the aforesaid failure and defaults of the Defendant, months after the
Defendant's installation of the floor tiles in the master bathroom, the tiles installed by
Defendant cracked and came loose from the subfloor, which thus required
replacement of the entire floor to insure that all floor tiles would be from the same lot
and, therefore, would all match.
18. As a result of the failures of the Defendant, Plaintiffs have incurred or will incur the
following costs, expenses, and losses;
a. Removal of the defectively installed flooring and replacement with properly
installed cement board, leveling material, adhesive and floor tiles, including the
cost of the replacement tiles and materials at an estimated cost of $2,564.60.
b. Cost of remedial work to properly complete the enclosure of the former linen
closet opening at an estimated cost of $500.00.
19. Failure to comply with the terms of a written Contract constitutes a breach of that
Contract.
20. Defendant failed to comply with all of the terms of the written Contract.
21. Defendant breached the Contract by failing to comply with the terms of the written
Contract.
22. Plaintiffs notified Defendant that he was not in compliance with the terms of the
written Contract.
23. Defendant has refused to address the issues Plaintiffs identified.
24. Plaintiffs have and will continue to expend considerable_ sums of money to address
and correct the omissions and defects of Defendant's workmanship.
25. The costs incurred by Plaintiffs to put themselves in the position that they would have
been in had Defendant adequately satisfied his obligations under the Contract are
damages.
WHEREFORE, it is prayed that This Honorable Court will find for Plaintiff and against
Defendant and award damages including actual damages in the amount of $10,000.00 as well as
attorney's fees, costs and other fees /sanctions as the Court deems appropriate.
COUNT II — VIOLATION OF PENNSYLVANIA HOME IMPROVEMENT CONSUMER
PROTECTION ACT — 73 P.S. 517.1, et. Seq.
26. Paragraphs one (1) through twenty five (25) are incorporated herein.
27. The Pennsylvania Home Improvement Consumer Protect Act (hereinafter referred to
as "HICPA ") was enacted and effective July 1, 2009.
28. HICPA applies to the case sub judice.
29. 73 P.S. 517.7(a)(6) requires that the written contract provide a start and completion
date.
30. The Contract is devoid of a start date.
31. 73 P.S. 517.7(a)(10) requires the contract to include the names, addresses and
telephone numbers of all subcontractors to be provided to the home owner.
32. The Contract failed to identify any subcontractors appropriately.
33. 73 P.S. 517.7(a)(13) requires a notice of right to rescind to be provided in the
contract.
34. Defendant's Contract is devoid of a notice of right to rescind.
35. 73 P.S. 517.7(a)(7) requires that a set of specifications be attached to the contract and
that those specifications may not be changes without a written change order.
36. Defendant failed to provide a set of specification.
37. Failure to obtain a Change Order, yet charge plaintiffs for items or services not
expressly provided in the contract, is a violation of 517.7.
38. 73 P.S. 517.10 provides that, "Any violation of the provisions of [HICPA] shall be
deemed a violation of the [...] Unfair Trade Practices and Consumer Protection Law
(UTPCPL).
39. It is believed and therefore averred that Defendant's Contract violated HICPA and
therefore also violates UTPCPL.
WHEREFORE, it is prayed that This Honorable Court will find for Plaintiff and against
Defendant and award damages including actual damages in the amount of $10,000.00 and treble
damages as well as attorney's fees, costs and other fees /sanctions as the Court deems
appropriate.
COUNT III — VIOLATION OF PENNSYLVANIA UNFAIR TRADE PRACTICES AND
CONSUMER PROTECTION LAW
40. Paragraphs one (1) through thirty nine (39) are incorporated herein.
41. The Pennsylvania Unfair Trade Practices and Consumer Protection Law (UTPCL),
73 P.S. §§ 201 -1 et seq., applies to this case.
42. Title 73 P.S. § 201- 2(4)(xiv) and § 201 -3 states that "failing to comply with the terms
of any written guarantee or warranty given to the buyer at, prior to or after a contract
for the purchase of goods or services is made" is an "unfair or deceptive act or
practice" and is unlawful.
43. Title 73 P.S. § 201- 2(4)(xvi) and § 201 -3 states that "making repairs, improvements
or replacements on tangible, real or personal property, of a nature or quality inferior
to or below the standard of that agreed to in writing" is an "unfair or deceptive act or
practice" and is unlawful.
44. Defendant failed to complete the project as per the Contract and failed to complete
the work specified in the Contract.
45. On or about January 11, 2011, Plaintiffs and Defendant entered into a Contract
pursuant to which the Defendant agreed to perform certain remodeling work at the
home of the Plaintiffs at 4709 Rock Ledge Drive, Harrisburg, Pennsylvania,
specifically including but not limited to remodeling of the master bathroom at such
residence in exchange for payment for the work by the Plaintiffs. See, Contract,
attached hereto as Exhibit "A ".
46. Defendant breached the Contract by, inter alia, failing to follow the design criteria
established by Plaintiffs at the time of the creation of the Contract; to wit, by
acquiring and installing a shower enclosure which the Plaintiffs had neither approved
nor specified for installation.
47. As a result of Defendant's breach of its obligations under the Contract, Plaintiffs
terminated any further work by the Defendant at Plaintiffs' residence.
48. Under the terms of the Contract, Defendant was obligated, inter alia, to replace the
tile flooring in the master bathroom with ceramic tile which was paid for by Plaintiffs
and to construct a tile walled shower, to remove the existing shower enclosure, to
remove the linen closet in the hallway to the master bedroom suite, and to wall over
the opening of that closet with drywall.
a. Failed to level the subfloor on which the tile floor was to be installed;
b. Failed to install cement board as a subflooring in order to make the subfloor more
stiff and less likely to flex and level;
c. Failed to insure that the subfloor was level before installing the tile floor and, in
fact, installed the tile floor over a ridge in the flooring which ran most of the
length of the bathroom;
d. Failed to construct the wall to cover the former entrance to the linen closet in a
good and workmanlike manner which left a visible outline of the former opening
in the wall which could not be eliminated by paint as there was a rough texture
outline of the doorway still visible and which left visible gaps between the
baseboard and drywall;
e. Failed to properly install the tile floor in the master bathroom so that the tiles
would not crack over a ridge in the subflooring and would properly adhere to the
subflooring;
f. Failed to repair the hallway drywall and baseboard while closing off the linen
closet doorway; and
g. Failed to properly mix and apply adhesive to the back of each tile so the flooring
tiles would not come loose from the subflooring.
49. Plaintiff committed an unlawful "unfair or deceptive act or practice," as per the
,UTPCL, when it failed to complete the project as per the specifications listed in the
Contract and failed to complete the work specified in the Contract.
50. Title 73 P.S. § 201- 2(4)(xxi) and § 201 -3 states that "engaging in any other fraudulent
or deceptive conduct which creates a likelihood of confusion or of misunderstanding"
is an' unfair or deceptive act or practice" and is unlawful.
51. The following actions of Defendant constitute fraudulent or deceptive conduct that
created confusion and misunderstanding:
a. Failing to level the subfloor on which the tile floor was to be installed;
b. Failing to install cement board as a subflooring in order to make the subfloor mor
stiff and less likely to flex and level;
c. Failing to insure that the subfloor was level before installing the tile floor and, in
fact, installed the tile floor over a ridge in the flooring which ran most of the
length of the bathroom;
d. Failing to construct the wall to cover the former entrance to the linen closet in a
good and workmanlike manner which left a visible outline of the former opening
in the wall which could not be eliminated by paint as there was a rough texture
outline of the doorway still visible and which left visible gaps between the
baseboard and drywall;
e. Failing to properly install the tile floor in the master bathroom so that the tiles
would not crack over a ridge in the subflooring and would properly adhere to the
subflooring;
f. Failed to repair the hallway drywall and baseboard while closing off the linen
closet doorway; and
g. Failing to properly mix and apply adhesive to the back of each tile so the flooring
tiles would not come loose from the subflooring.
52. Plaintiff committed an unlawful "unfair or deceptive act or practice," as per the
UTPCL, when it engaged in the above fraudulent or deceptive conduct that created
confusion and misunderstanding.
53. Defendant is entitled to actual damages, treble damages and attorney fees for
violations of the UTPCL, in accordance with 73 P.S. § 201- 9.2(a).
WHEREFORE, it is prayed that This Honorable Court will find for Plaintiff and against
Defendant and award damages including actual damages in the amount of $10,000.00 and treble
damages as well as attorney's fees, costs and other fees /sanctions as the Court deems
appropriate.
COUNT IV — BREACH OF IMPLIED WARRANTY
54. Paragraphs one (1) through fifty three (53) are herein incorporated by reference.
55. For the reasons enunciated above, Plaintiffs are not satisfied with the work of the
Defendant.
56. Despite Defendant's cessation of work on the project, Plaintiff's feel that the project
is not completed.
57. Defendant did not complete the work per the written and oral specifications discussed
between the parties.
58. Plaintiffs have made contact with Defendant to express dissatisfaction.
59. The defects in the project are a direct result of Defendant's failure to provide good
and workmanlike labor, equipment and materials.
a. Failed to level the subfloor on which the tile floor was to be installed;
b. Failed to install cement board as a subflooring in order to make the subfloor more
stiff and less likely to flex and level;
c. Failed to insure that the subfloor was level before installing the tile floor and, in
fact, installed the tile floor over a ridge in the flooring which ran most of the
length of the bathroom;
d. Failed to construct the wall to cover the former entrance to the linen closet in a
good and workmanlike manner which left a visible outline of the former opening
in the wall which could not be eliminated by paint as there was a rough texture
outline of the doorway still visible and which left visible gaps between the
baseboard and drywall;
e. Failed to properly install the tile floor in the master bathroom so that the tiles
would not crack over a ridge in the subflooring and would properly adhere to the
subflooring;
f Failed to repair the hallway drywall and baseboard while closing off the linen
closet doorway; and
g. Failed to properly mix and apply adhesive to the back of each tile so the flooring
tiles would not come loose from the subflooring.
60. Defendant has breached its obligation to complete the Plaintiffs project in a timely
and workmanlike manner.
61. The work performed by Defendant on the project falls outside the standards of quality
as measured by the prevailing standards of construction in south - central Pennsylvania
and the surrounding areas.
WHEREFORE, it is prayed that This Honorable Court will find for Plaintiff and against
Defendant and award damages including actual damages in the amount of $10,000.00 and treble
damages as well as attorney's fees, costs and other fees /sanctions as the Court deems
appropriate.
Respectfully Submitted,
)Att Jmelut TULAKIS, LLP
Date: s ax , 2013
a is, Esquire
8041.1
2 West High Street
Carlisle, PA 17013
(717) 249 -0900
Attorney for Plaintiffs
VERIFICATION
I, Bruce F. Bratton, verify that the statements made in the foregoing Complaint are true
and correct. I understand that false statements herein are made subject to the penalties of
Pa.C.S.A. §4904, relating to unsworn falsification to autho ' ' S.
Date Bruce F. Bratton
VERIFICATION
I, Holly J. Bratton, verify that the statements made in the foregoing Complaint are true
and correct. I understand that false statements herein are made subject to the penalties of
Pa.C.S.A. §4904, relating to unsworn falsification to authorities.
v .
Date Holly J' Bratto
CODY GRIMES
A 420 CANDLEVVYCK ROAD
V
I C
� CAMP HILL, PA 170 11
PRaM YOM rROVpRTrs wave 717- 645 -2738
sy �snac w rook �+s ��
mcdesignsonline @gmail.com
Cer. us heoi you bring new design
to your existrn1l spaces....
Registration #: PA 048378
client: Holly Bratton
Address: 4709 Rock Ledge Drive
Harrisburg, PA 17110 .
Phone:
Scope of work will include it renovation of the Master Bathroom area:
— Demolition and removal of all bathroom materials
— Installation of framing for bi fold doors,, new closet area, and pocket door
— Hanging of and repair of drywall in bathroom and where old bi fold doors existed and
new closet area
— Prime drywall where patched
— install bi fold doors(doors to be supplied by client)
install pocket door (door to be supplied by client)
L Total cost of work $3,285.00
• Electric Work:
— Inspection of existing bathroom wiring
— Additional work if needed to bring wiring up to code
— Install 2 new recessed lights in closet area.
— Relocate light switches to outside of entrance
— Install one switch for closet lighting
i. Total cost of work $555.00
• Tile Work:
- Install Schluter floor system as underlayment for tiling
— Install 12x12 floor tile in bathroom area
— Install Schluter shower pan kit in the shower floor as underlayment for the
— install Schluter kerdi board on the shower walls as underlayment for tile
Install tile on walls inside shower area according to signed plans
— Install tile on shower floor area according to signed plans
i. Total cost of work $10,150.00
• Plumbing Work:
• Install 1 new shower head and mixer (Moen model A72QAZ shower arm
diverter)
• Install new toilet (Mansfield 137 -16OW alto smart height elongated w/ bronze
toilet tank lever)
• Hook up shower drain (Schluter bronze a" drain)
I. Total cost of work$1,250.00
EXHIBIT
b
2 Page
• Miscellaneous Work:
— install carpet in closet area(carpet supplied by client)
Install wire rack shelving in new closet area
- Reinstall existing door and base trim
— Fabrication and installation of glass walls for shower.
L Total cost of work $525.00
Grand total for all work involved: 515.755.00
This price, as agreed upon, is estimation only. Due to any unforeseen obstacles which may
present itself during the course of the work to be performed, the contractor has the right to
adjust accordingly. All items that are to be purchased by the client are to be on site at the start
of the job. Any. material supplied by the client that is either incorrect or damaged is to be
replaced by the .client. in a timely manner.
Job site start times are to be agreed upon by both MC Designs and the client prior to the
contract signing. The staging of material for said work is to be agreed upon prior to the
contract signing. All change orders are to be paid in full prior to any work being preformed.
J ' � a:1,;rnrr'��yryr
MC DEsiG
CODY CRIMES
PRQ ECT YOuR PROPSRTYS YALM 420 CANDLEWYCK ROAD
Or IWVr.STnW.- IN YOLM "°"� CAMP HILL, PA 170H
' et us heCp you bring new design 717-645 -273$
y� to your existing spaces... r mcdtsiensonline@gmail.com
Registration #: PA 048378
Holly Bratton; hereby referred to as the Client, will pay three payments for said work. The first
payment will be for 45% of the total job cost. The amount of Seven thousand Two hundred Six
dollars and Seventy -Five cents ($7,206.75) is to be paid at the signing of the contract. The .
second draw will be for 45% of the total job cost. The amount of Seven thousand Two hundred
Six dollars and Seventy -Five cents ($7,206.75) is to be paid on 1231 -2010. The final payment
will be for 10% of the total job cost. The amount of One thousand three hundred fourty one
dollars and Fifty to be upon completion of said work. As agreed upon
by the Contractor, MC Designs, and the Client.
If the remaining balance is paid, in full, within thirty (30) days of date of execution there will be
no interest assessed on the balance. Should the client decide to pay the balance after the thirty
(30) days,'ten percent (10 %) interest will be applied to the balance monthly until the balance is
paid in full
Contractor:
MC DESIGNS
l Holly Brahbn
COD# GRIMES
December 22, 2010
December 22, 2010
Client: r,,54- FkypjP "4 w-kl fee. a s t4
[ t ck 41 300a
5 7,ao�,7y
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
;,,i=0-0 f'ECc
Ronny R Anderson . rl € ,l t
Sheriff {0 TA,R, ,
tix Let�rrl�rtG>rr
Jody S Smith . 2013 SEP I AM .10: I
Chief Deputy
k
Richard W Stewart CUMBERLAND Na COUNTY
Solicitor OF,FICEOFTHE ERIF PENNSYLVANIA
Bruce F Bratton (et al.)
vs. Case Number
MC Design LLC 2013-5057
SHERIFF'S RETURN OF SERVICE
09/04/2013 02:33 PM - Deputy Tim Black, being duly sworn according to law, served the requested Complaint&
Notice by handing a true copy to a person representing themselves to be Cody Grimes, Co-Owner,who
accepted as"Adult Person in Charge"for MC Design LLC at 420 Candlewyck Road, Lower Allen
Township, Camp Hill, PA 17011.
TIM SLACK, DEPUTY
SHERIFF COST: $45.41 SO ANSWERS,
September 05, 2013 RbNW R ANDERSON, SHERIFF
c)CountySuite Sheriff,Teleosofi,Inc.
OMB'' '�I aT ',.1 , ., ., .,
a... , ,
Jason P.Kutulakis,Esquire
Attorney I.D.#: 80411 n r t a�, .y
2 West 1 ligh Street ';i I I D L 1'1,- b t, 1 j ;
Carlisle,PA 17013 PEPINSYLVA N I
(717)249-0900
BRUCE F. BRATTON and : IN THE COURT OF COMMON PLEAS OF
HOLLY J. BRATI'ON, husband and wife : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs,
v. : DOCKET NO: 13-5057
MC DESIGN, LLC, : CIVIL ACTION - LAW
Defendant
PRAECIPE TO DISCONTINUE COMPLAINT
This matter should be marked as discontinued and settled.
• °.ectfully submitted,
DAB 1,11; 93-'- /iIJLJ i
Jaso P. Kutulakis,Esquire
Ab,,m&Kutulakis,LLP
2 West High Street
Carlsie
(717) 249-0900
Attorney ID# 80411
CERTIFICATE OF SERVICE
AND NOW, this 23rd day of October, 2013, I, Shannon Freeman, of ABOM &
KUTULAKIS, L.L.P., hereby certify that I did serve or cause to be served a true and correct copy of
the foregoing Praecipe to Discontinue Complaint upon the following by First Class U.S. Mail at the
following address:
Adam Britcher,Esquire
232 Market Street
Newport, PA 17074
S annon Freeman