HomeMy WebLinkAbout13-7420 Supreme Court of,Pennsylvania
A M -C aMM9 � For Prothonotar Use On Cour eas y y:
COil CoVerShbet Docket No: S7
CurBE AND County _ 'N
The information collecled on This form is used solely for court administration purposes. This form does not
supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court.
Commencement of Action:
S x Complaint n Writ of Summons � Petition
Transfer from Another Jurisdiction Declaration of Taking
E Lead Plaintiff's Name: Lead Defendant's Name:
C Timothy I. Fuller Jeremy Fuller d /b /a Fuller's handyman Service
T Dollar Amount Requested: Owithin arbitration limits
I Are money damages requested? El Yes 0 No (check one) x outside arbitration limits
O
N Is this a Class Action Suit? []Yes El No Is this an MDJAppeal? 13 Yes 0 No
A Name of Plaintiff /Appellant's Attorney: Bret P. Shaffer, Esquire
0 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
Intentional X Buyer Plaintiff Administrative Agencies
Malicious Prosecution Debt Collection: Credit Card 0 Board of Assessment
17 Motor Vehicle Debt Collection: Other 0 Board of Elections
0 Nuisance 0 Dept. of Transportation
0 Premises Liability El Statutory Appeal: Other
S C Product Liability (does not include
mass tort) 0 Employment Dispute:
E 0 Slander/Libel/ Defamation Discrimination
0
C 0 Other: Employment Dispute: Other Zoning Board
Other:
T
I 7 Other:
O MASS TORT
Asbestos
N 0 Tobacco
Toxic Tort - DES
0 Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS
Toxic Waste 0 Ejectment 0 Common Law /Statutory Arbitration
B Other: 0 Eminent Domain /Condemnation 0 Declaratory Judgment
Ground Rent Mandamus
Landlord/Tenant Dispute Non - Domestic Relations
Mortgage Foreclosure: Residential Restraining Order
PROFESSIONAL LIABILITY 0 Mortgage Foreclosure: Commercial Quo Warranto
0 Dental 0 Partition {— Replevin
0 Legal 0 Quiet Title !- 3 Other:
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0 Other Professional:
Updated 1/112011
TIMOTHY 1. FULLER and IN THE COURT OF COMMON PLEAS OF
TONDA S. FULLER, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
V. CIVIL ACTION -LAW
JEREMY FULLER d/b /a FULLERS No. C
HANDYMAN SERVICE,
Defendant -<>
NOTICE TO DEFEND
TO: JEREMY FULLER d/b /a
FULLER'S HANDYMAN SERVICE
28 Mountain Street
Duncannon, Pennsylvania 17020
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.
Cumberland County Bar Association,
32 S. Bedford Street
Carlisle, Pennsylvania
717- 249 -3166
BARIC SCHERER LLC
Date:
Bret P. Shaffer, Esquire
Attorney ID No. 309180
t $I03,
19 W. South Street
Carlisle, PA 17013 A (717) 249 -6873
Attorney for Plaintiffs c l wj
i
TIMOTHY 1. FULLER and IN THE COURT OF COMMON PLEAS OF
TONDA S. FULLER, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
V. CIVIL ACTION -LAW
JEREMY FULLER d/b /a FULLER'S No.
HANDYMAN SERVICE,
Defendant
TO THE HONORABLE JUDGES OF SAID COURT:
COMPLAINT
AND NOW, come Plaintiffs, Timothy I. Fuller and Tonda S. Fuller, by and through their
attorneys, Baric Scherer LLC, and bring this action against the above -named Defendant to
recover damages, attorney fees and costs, in an amount exceeding compulsory arbitration, upon
the following causes of action:
PARTIES
1. Plaintiff Timothy I. Fuller is an adult individual who owns and resides at 800
Creek Road, Carlisle, Cumberland County, PA 17015.
2. Plaintiff Tonda S. Fuller is an adult individual who owns and resides at 800 Creek
Road, Carlisle, Cumberland County, PA 17015.
3. Plaintiffs (hereafter "Tim and Tonda Fuller ") are husband and wife.
4. Jeremy Fuller is an adult individual residing at 28 Mountain Street, Duncannon,
Perry County, PA 17020.
5. Jeremy Fuller does business as Fuller's Handyman Service, which is also located
at 28 Mountain Street, Duncannon, Perry County, PA 17020.
6. Tim and Tonda Fuller are not relatives of Jeremy Fuller.
FACTS
7. In mid -2010, Tim and Tonda Fuller contacted Jeremy Fuller regarding having
some construction work done at their home, which included construction of a deck on the back
of the house.
8. Jeremy Fuller represented to Tim and Tonda Fuller that he was capable of doing
the requested work and that he carried liability insurance in case there would be a problem with
the quality of his work.
9. To commence the deck work, Tonda Fuller wrote a check dated August 16, 2010,
to Jeremy Fuller for $2,912.50 as a deposit.
10. Throughout the work, the only written contracts between Jeremy Fuller and Tim
and Tonda. Fuller were quotations that Jeremy Fuller prepared, which would be followed with
invoices upon completion of the particular jobs.
11. Tim and Tonda Fuller have retained copies of most of these quotations, although
not all of the copies contain their signatures.
12. Tim and Tonda Fuller do not have a quotation related to the commencement of
the deck work.
13. Per an invoice dated September 14, 2010, from Fuller's Handyman Service (a
copy of which is attached hereto as "Exhibit A "), the subtotal for the entirety of the deck work
was $6,085.00.
14. Amongst other things, this total included $400.00 in materials and $500.00 in
labor for replacing the existing deck stairs, as well as $200.00 in materials and $200.00 in labor
for installing new steps "as discussed."
15. This total also included $100.00 in materials and $50.00 in labor for framing and
pouring concrete in front of the basement door.
16. After subtracting the deposit of $2,912.50 from the subtotal of $6,085.00, the full
amount due for the work on the deck was $3,172.50.
17. Tonda Fuller wrote a check to Fuller's Handyman Service dated September 14,
2010, for $3,347.50, which accounted for the amount due plus an additional $175.00 of work that
had not been on the previous bill and which is not explained on the invoice.
18. A notable omission on the invoice was the construction of a pergola, which
Jeremy Fuller had agreed would be part of the original construction quote.
19. 1 It is believed and therefore averred that the overall cost of the project was not
adjusted downward, despite Jeremy Fuller never constructing the pergola.
20. The original quote for the work contained on the initial invoice, plus the pergola,
is believed by Tim and Tonda Fuller to be twice the amount of the deposit of $2,912.50, as it was
the practice of Jeremy Fuller to charge a deposit of 50% for his final invoice.
21. It is notable that, throughout the building process, Tim and Tonda Fuller verbally
instructed Jeremy Fuller with specificity but Jeremy Fuller never took any notes.
22. During the construction of the deck stairs, Jeremy Fuller deviated from the stair
spacing that Tim and Tonda Fuller had requested.
23. The stair spacing was an important issue for Tonda Fuller, who has mobility
issues.
24. Specifically, Tonda Fuller was involved in an automobile accident in April 2007,
during which she experienced a traumatic brain injury.
25. After the April 2 accident, Tonda Fuller experienced post- concussive
syndrome, long- and short-term memory loss, and difficulty with math and motor skills,
including the coordination of physical movement.
26. These issues persist for Tonda Fuller to the present day and existed during the
entirety of the matter forming the basis for this Complaint.
27. These issues were also communicated directly to Jeremy Fuller by Tim and Tonda
Fuller so that he would at all times be aware of why specific instructions —such as the stair
spacing instructions— needed to be observed.
28. These issues were also communicated directly to Jeremy Fuller by Tim and Tonda
Fuller so that he would understand that Tonda Fuller would at times have difficulty forming
words and remembering.
29. The justification that Jeremy Fuller offered for deviating from the stair spacing
requested by Tim and Tonda Fuller was that their request would violate the construction code.
30. Nevertheless, the work done by Jeremy Fuller did not pass the construction code
inspection, requiring Jeremy Fuller to redo the work, which was still not done in accordance with
Tim and Tonda Fuller's instructions.
31. It was never explained to Tim and Tonda Fuller why the deck stairs could not be
i
fashioned to be both compliant with building codes and accessible for Tonda Fuller.
32. It appears that the additional work on the deck stairs cost $125.00 per a Fuller's
Handyman Service invoice for "Extras on Deck" dated September 28, 2010 (a copy of which is
attached hereto as "Exhibit B ").
33. The "Extras on Deck" invoice also included a $100.00 charge for materials and
labor for installing a custom -made pressure treated gate.
34. Thus, the total invoice for "Extras on Deck" was $225.00, however a handwritten
note on the invoice provides that the bill would not be due "until we get the lights on the deck."
35. The stairs on the deck are still not done in accordance with the directions given to
Jeremy Fuller by Tim and Tonda Fuller, which prevents Tonda Fuller from fully enjoying the
deck.
36. . There is a hot tub on the deck, which both Tim and Tonda Fuller can utilize for
pain relief.
37. While Tonda Fuller has pain stemming from the April 2007 car accident, Tim
Fuller has chronic back pain.
38. In 2007, Tim Fuller had several vertebrae fused, but by 2008, the screws holding
the vertebrae together had to be removed because he lacked adequate bone density to keep the
screws in place.
39. To date Tim Fuller has undergone two back surgeries, with additional surgery
expected in January 2014.
40. During the period that Jeremy Fuller was working at the house, Tim Fuller was
recovering from the back surgeries and undergoing further treatment, which at times would
affect his comprehensive abilities.
41. Tim and Tonda Fuller advised Jeremy Fuller of Tim Fuller's health condition.
42. Tim Fuller directed Jeremy Fuller to use bolts to install the deck railing behind the
hot tub so that the railing would be easily removable if the hot tub would need attending.
43. Jeremy Fuller failed to follow this instruction.
44. Prior to the commencement of work on the deck, a hailstorm passed through the
Carlisle area, causing damage to the exterior of Tim and Tonda Fuller's home.
45. Jeremy Fuller provided Tim and Tonda Fuller, at their request, with three
quotations dated September 1, 2010, to overhaul the entire exterior of the home.
46. The first of these quotations (a copy of which is attached hereto as "Exhibit C")
was in the amount of $1 0,700.00 for vinyl siding for the entire house.
47. This quotation included a provision whereby money received from the recycling
of the old aluminum siding would offset labor, though no specific amount was provided for
either the value of the aluminum or the actual labor cost.
48. This quotation also provided for $400.00 in materials and $400.00 in labor for the
installation of vinyl soffit.
49. This quotation included the following provision:
Any unforeseen expense to complete project to customer's satisfaction
will be added to the final invoice as an additional charge.
To accept this quotation, sign below and return with deposit of $5,350.00.
The balance will be due when the job is completed to customer's satisfaction.
50. The second quotation dated September 1, 2010 (a copy of which is attached
hereto as "Exhibit D "), was in the amount of $4,800.00 for the replacement of 16 windows.
51. Specifically, the quotation provided for $400.00 labor to remove and dispose of
old windows, $3,000.00 to purchase new windows and $1,400.00 to install the new windows.
52. The second quotation included the following provision:
Any unforeseen expense to complete project to customer's satisfaction
will be added to the final invoice as an additional charge.
To accept this quotation, sign below and return with deposit of $2,400.00.
The balance will be due when the job is completed to customer's satisfaction.
53. The third quotation dated September 1, 2010 (a copy of which is attached hereto
as "Exhibit E "), was in the amount of $2,970.00 for the installation of 198 square feet of stone
veneer.
54. This quotation provided for $1,485.00 in materials but also $1,485.00 in labor.
55. This quotation also included the following provision:
Any unforeseen expense to complete project to customer's satisfaction
will be added to the final invoice as an additional charge.
To accept this quotation, sign below and return with deposit of $1,485.00.
The balance will be due when the job is completed to customer's satisfaction.
56. Each of the three quotations dated September 1, 2010, was replaced by a later
quotation dated September 28, 2010.
57. The purpose of the later quotations was to provide an estimate of the cost of doing
just one half of the work -- corresponding to one half of the house — originally quoted in the
September 1, 2010 quotations.
58. Tim and Tonda Fuller's homeowner's insurance provider had offered to pay only
for work on the half of the exterior that had actually been damaged by the hail and required that
work commence within a certain period.
59. The September 28, 2010 quotation replacing the original quotation for vinyl
siding (a copy of which is attached hereto as "Exhibit F ") was for the amount of $6,987.50.
60. This new quotation for the vinyl siding included the following provision:
Any unforeseen expense to complete project to customer's satisfaction
will be added to the final invoice as an additional charge.
To accept this quotation, sign below and return with deposit of $3,493.75.
The balance will be due when the job is completed to customer's satisfaction.
61. This quotation still provided no explanation of the value being attributed to the
recycled aluminum, which was still noted as offsetting the additional cost of labor for removal.
62. The second quotation dated September 28, 2010 (a copy of which is attached
hereto as "Exhibit G "), was for windows, replacing the window quotation of September 1, 2010.
63. Whereas the original windows quotation involved removal and disposal of 16
windows for $4,800.00, the September 28, 2010 quotation seems to have been prepared for the
removal and disposal of 6 windows for $2,000.00, per the handwritten note on the quotation.
64. Nevertheless, the quotation includes the following provision:
Any unforeseen expense to complete project to customer's satisfaction
will be added to the final invoice as an additional charge.
To accept this quotation, sign below and return with deposit of $1,300.00
[sic] The balance will be due when the job is completed to customer's
satisfaction.
65. The third quotation dated September 28, 2010 (a copy of which is attached hereto
as "Exhibit H "), was for the installation of 63 square feet of stone veneer for a total of $1,500.00
($750.00 materials and $750.00 labor), whereas the original quotation for 198 square feet of
stone veneer was for $2,970.00 ($1,485.00 materials and $1,485.00 labor).
66. Given these numbers, we can determine that the installation of each square foot
on the September 28, 2010 quotation would cost $23.81, as opposed to the September 1, 2010
quotation's $15.00 per square foot.
67. This discrepancy is not explained by the later quotation.
68. The September 28, 2010 stone veneer quotation contains the following provision:
Any unforeseen expense to complete project to customer's satisfaction
will be added to the final invoice as an additional charge.
To accept this quotation, sign below and return with deposit of $750.00.
The balance will be due when the job is completed to customer's satisfaction.
69. The three quotations dated September 28, 2010, total $10,487.50.
70.. Tim and Tonda Fuller signed each of the September 28, 2010 quotations.
71. Tonda Fuller signed a check dated September 29, 2010, and made to Jeremy
Fuller in the amount of $5,243.75 as a deposit for the work on the September 28, 2010
quotations.
72. Based on the amount of the check dated September 29, 2010, Tim and Tonda
assumed the 50% deposit amounts were, respectively, $3,493.75 for the vinyl siding, $1000.00
for the windows.and $750.00 for the stone veneer.
73. Jeremy Fuller and his subcontractors worked on site and, on or about November
4, 2010, provided Tim and Tonda Fuller with five invoices, all dated November 4, 2010.
74. The first invoice dated November 4, 2010 (a copy of which is attached hereto as
"Exhibit I "), was for the vinyl siding in the amount of $3,493.75, which takes into consideration
the amount already deposited.
75. The second invoice dated November 4, 2010 (a copy of which is attached hereto
as "Exhibit P), was for windows in the amount of $1,000.00, which takes into consideration the
amount already deposited.
76. However, the November 4, 2010 invoice provides for "no grids" on the windows,
whereas the September 28, 2010 quotation stated " f c]ustomer's choice on grids" as included in
the price.
77. The third November 4, 2010 invoice (a copy of which is attached hereto as
"Exhibit K ") was for stone veneer in the amount of $750.00, which takes into consideration the
amount already deposited.
78. The total due on these first three invoices dated November 4, 2010, was
$5,243.75.
79. Tim Fuller signed a check, dated November 3, 2010, for $5,350.00, listing
"Fullers Handyman Service" as the payee.
80. This payment gave Tim and Tonda Fuller a $106.25 credit on future bills.
81. The fourth invoice dated November 4, 2010 (a copy of which is attached hereto as
"Exhibit U), was for $2,400.00 ($1,200.00 materials and $1,200.00 labor) for the installation of
an additional 150 square feet of stone veneer.
82. It is unclear whether this invoice was in fact just a quotation, although, unlike
other quotations, it provides no terms other than the itemization of labor and materials.
83. The invoice shows a deposit of $1,200.00 being paid, but does not credit this
amount towards the total due of $2,400.00.
84. The fifth invoice dated November 4, 2010 (a copy of which is attached hereto as
"Exhibit M "), is for "Extras" in the amount of $1,074.70.
85. This invoice does not seem to have a corresponding quotation or other written
contract.
86. The invoice includes a $220.00 charge ($120.00 materials and $100.00 Tabor), for
the following work: "Removal of white aluminum around garage doors and trim. Repair of
damaged garage doorjamb on extreme right side. Installation of new custom clay aluminum
wrap and new clay garage door vinyl trim pieces."
87. The vinyl trim installed around the garage door was not crimped, as is
professional custom, so there is a sharp edge protruding from the space above the garage door on
the outside of the house; additionally, the weather seal is not installed correctly, so that the
garage doors do not insulate against wind.
88. Tonda Fuller signed a check to Jeremy Fuller dated November 5, 2010, for
$1,193.45.
89. As the $1,193.45 exceeded the "Extras" invoice amount, Tim and Tonda Fuller
were entitled to another credit, this time of $118.75.
90. Combining the previous credit of $106.25 with the $118.75 credit yields $225.00,
which equals the amount of money outstanding from the "Extras on Deck" invoice dated
September 28, 2010.
91. Despite the September 28, 2010 "Extras on Deck" invoice, Tim and Tonda Fuller
were provided with a quotation dated November 4, 2010 (a copy of which is attached hereto as
"Exhibit N "), for the same "Extras on Deck."
92. Having now spent significant time on half of the exterior of the home, Jeremy
Fuller prepared three quotations dated November 17, 2010, for the remainder of the exterior
work.
93. The first quotation (a copy of which is attached hereto as "Exhibit O ") was for
vinyl siding in the total amount of $7,728.80.
94. As with the previous quotations for siding, this quotation also failed to detail
exactly how recycling the old aluminum siding would offset the labor.
95. The statement at the end of the quotation, signed by Timothy Fuller, provided,
Any unforeseen expense to complete project to customer's satisfaction
will be added to the final invoice as an additional charge.
To accept this quotation, sign below and return with deposit of $3,864.40.
The balance will be due when the job is completed to customer's satisfaction.
96. The second quotation dated November 17, 2010 (a copy of which is attached
hereto as "Exhibit P "), was for the replacement of 12 windows, and the total quotation was
$4,476.00.
97. The statement at the end of this quotation, also signed by Timothy Fuller,
provided,
Any unforeseen expense to complete project to customer's satisfaction
will be added to the final invoice as an additional charge.
To accept this quotation, sign below and return with deposit of $2,238.00.
The balance will be due when the job is completed to customer's satisfaction.
98. A third quotation dated November 17, 2010 (a copy of which is attached hereto as
"Exhibit Q "), was prepared for work on the pillars in front of Tim and Tonda Fuller's home;
however, Tim and Tonda Fuller elected not to have this work done.
99. Tonda Fuller signed a check dated November 23, 2010, naming Fuller's
Handyman Service the payee of $10,000.00.
100.. It is noteworthy that, early in the construction process, Tim Fuller had directed
Jeremy Fuller to only approach him regarding payment, as the memory loss and other medical
conditions Tonda Fuller was experiencing made it difficult for her to comprehend these types of
transactions at times.
101. Jeremy Fuller did not observe this direction and continued throughout the
building process to go to Tonda Fuller regarding payments.
102. Based on the two November 17, 2010 quotations, which totaled $12,204.80, and
barring further costs, Tim and Tonda Fuller should have owed only $2,204.80 after the
$10,000.00 deposit.
103. Throughout the various work at Tim and Tonda Fuller's residence, Jeremy Fuller
had not kept a regular schedule, showing up without notice and disappearing for long times,
despite the requests of Tim and Tonda Fuller that he provide them notice due to their ongoing
medical conditions.
104. Tim and Tonda Fuller wanted notice so that they could adjust their medications
and be alert and able to effectively converse when Jeremy Fuller was doing work.
105. Jeremy Fuller led Tim and Tonda Fuller to believe that he would be personally
performing all of the work, but he had assistance from several other workers.
106. In fact, after the work on the deck and the first half of the exterior was completed,
Jeremy Fuller barely returned to the property, instead sending his assistants.
107. Whether Jeremy Fuller's assistants were subcontractors or employees is unknown.
108. In any case, after receiving the $10,000.00 deposit in late November, no workers,
including Jeremy Fuller himself, performed any work until around January 1, 2011.
109. However, prior to leaving the work site in November, Jeremy Fuller and/or his
assistants removed the second half of the siding from the house to replace it with new siding.
110. No siding was put on this half of the house until April 2011, which meant half of
the house was completely without insulation for the winter, causing Tim and Tonda Fuller to
incur additional heating expenses.
111. Even now, Tim and Tonda Fuller continue to incur higher heating expenses due to
the inadequacy of Jeremy Fuller's work on the windows, insulation and siding or the materials
themselves.
112. Jeremy Fuller performed several additional small tasks, per Tim and Tonda
Fuller's request, as the other exterior work was completed.
113. This additional work is evidenced by three invoices that were received by Tim
and Tonda Fuller dated March 28, 2011.
114. The first March 28, 2011 invoice (a copy of which is attached hereto as "Exhibit
R ") is for $196.19 for construction of a platform and ramp for the deck, which were needed to
remediate the incorrect stair spacing previously done by Jeremy Fuller.
115. The second March 28, 2011 invoice (a copy of which is attached hereto as
"Exhibit S ") included work done on the back doors and storage area of Tim and Tonda Fuller's
residence.
116. The grand total on this invoice, per the handwritten notes, is $425.88, $310.65 of
which was designated specifically for work done on the back doors and storage area.
117. Of the $310.65 billed for work on the doors and storage area, $252.65 was
specifically billed for the parts and labor for installing aluminum, trim boards and hardware.
118. However, no cap was installed on the top of the doors, meaning that the sharp
aluminum sticks up from the top of the back door.
119. This set of double -doors is buckling, and the lack of a cap at the top of the doors
means that rain is getting between the wood of the door and the aluminum covering.
120. The third invoice dated March 28, 2011 (a copy of which is attached hereto as
"Exhibit T "), is for $150.00 for the installation of stair rails between the porch and the driveway.
121. Tonda Fuller wrote a check to Fuller's Handyman Service dated March 22, 2011,
for $2,000.00.
122. Tim Fuller wrote a check to Fuller's Handyman Service dated March 25, 2011,
for $3,500.00.
123. These two checks total $5,500.00.
124. The total of the three March 28, 2011 invoices was $772.07.
125. Adding this $772.07 to the anticipated $2,204.80 owed after the November 17,
2010 quotations yields a total of $2,976.87.
126. Subtracting this $2,976.87 from the two checks totaling $5,500.00 yields a
remainder of $2,523.13.
127. It is unknown what expense this additional $2,523.13 may have covered.
128. Throughout the time that Jeremy Fuller was working at the residence, Tim and
Tonda Fuller would bring concerns about the craftsmanship of the work to him.
129. They were constantly reassured that everything would be fixed to their
specifications before all the jobs were completed.
130. However, many of the jobs Jeremy Fuller was hired to perform were carried out
incorrectly or were never completed.
131. The largest flaw in the workmanship involves the siding put on the house.
132. In many places, the siding is not attached to the house; rather, the panels simply
rest on each other.
133. The siding that was attached was attached either too loosely or too tightly.
134. Where the siding was attached too tightly, the siding has warped, or undergone
"oil- canning," because it cannot adequately expand and contract when the sun strikes it.
135. The oil- canning has occurred throughout the exterior of the house, meaning that
the entire job needs to be redone with new materials.
136. Additionally, the windows installed throughout the house were not adequately
insulated.
137. Several of the windows also show signs of being used, despite Tim and Tonda
Fuller paying for new windows to be installed.
138. Grids were never installed on the windows despite being requested, and
presumably paid for, by Tim and Tonda Fuller, as the grids were included.on one of the
quotations provided by Jeremy Fuller.
139. While in contact with the window supplier, it was discovered by Tim Fuller that
the windows used by Jeremy Fuller were marked up approximately $23.00 per window from the
cost.
140. This is an unreasonably high mark -up per window unit.
141. Several of the windows do not function correctly, and the quality of all of the
windows that were installed fails to reflect the price charged by Jeremy Fuller.
142. Tonda Fuller was informed after the fact that the cost and labor for the windows
would not include varnishing, meaning that she had to varnish them herself.
143. The windows that Jeremy Fuller and his assistants installed were not "squared,"
meaning that Tim and Tonda Fuller had to pay another entity to modify the window screens so
that they would fit the windows.
144. Fixing the windows may require remediation or full replacement.
145. Jeremy Fuller refused to provide warranties for the siding and the windows,
despite said warranties being included in the purchase price of such products.
146. This required Tim and Tonda Fuller to acquire the documentation themselves.
147. The electric meter was not attached correctly to the house and is now falling off
of the house.
148. Jeremy Fuller did not complete the stonework on the exterior of the house, and
the mortar that was installed is cracking and breaking away.
149. The uprights on the deck stairs and the wood throughout the porch are cracking.
150. It is believed and therefore averred that Jeremy Fuller used inadequate materials
for the quality of deck that Tim and Tonda Fuller reasonably expected for what they paid.
151. Tim and Tonda Fuller gave Jeremy Fuller particular instructions that the front
porch should have vented soffit, but non - vented soffit was used instead.
152. Without venting, wind that could not pass through the soffit tote a piece of the
soffit off of the house.
153. Additionally, neither the soffit nor the light at the top of the porch is attached
correctly.
154. Jeremy Fuller redirected a downspout without consent so that now water is
directed over the sidewalk around the side of the house.
155. This makes it difficult for Tim and especially Tonda Fuller to cross from the rear
of the house to the driveway when there is precipitation.
156. It is believed and therefore averred that excess materials, for which Tim and
Tonda Fuller paid, were retained by Jeremy Fuller, including a significant amount of excess
siding.
157. It is believed and therefore averred that Jeremy Fuller received a windfall for the
aluminum and other materials removed from the house.
158. Jeremy Fuller hired a third party to install the gutters at the residence without the
permission of Tim and Tonda Fuller.
159. The gutters are now starting to give, despite having been on the house for a short
period of time.
160. It is believed and therefore averred that the persons and businesses hired by
Jeremy Fuller, and who did work on the Fuller residence, were inadequate and not capable of
performing their respective tasks to the professional standard that was reasonably expected by
Tim and Tonda Fuller, despite Jeremy Fuller's assurance that all work would be done in a
professional manner.
COUNT I — BREACH OF CONTRACT
161. Paragraphs 1 through 160 are incorporated by reference as if set forth fully herein.
162. The quotations provided to Tim and Tonda Fuller by Jeremy Fuller constituted
offers, which were accepted either when Tim and Tonda Fuller signed the quotations or tendered
their deposits.
163. Additional verbal representations, as set forth in the preceding paragraphs, were
made to Tim and Tonda Fuller preceding and during the work performed by Jeremy Fuller.
164. The failure of Jeremy Fuller to adequately complete the tasks for which he was
hired constitutes breaches of the contracts between himself and Tim and Tonda Fuller.
165. Tim and Tonda Fuller have been damaged insofar as they paid for work that was
not done or was done inadequately, and they will need to find another contractor and pay for
additional labor and materials to complete the work they hired Jeremy Fuller to do.
166. The total amount of the checks written by Tim and Tonda Fuller, as set forth
herein, total $33,547.20.
167. Tim and Tonda Fuller may have provided additional payments to Jeremy Fuller,
the amount of which is unknown.
168. Except for the following, all of the work for which Jeremy Fuller d/b /a Fuller's
Handyman Service was hired must be redone or otherwise repaired:
Job Description Value
Installation of light fixture in storage room. $10.00 material and labor
Installation of spigot. $70.00 material and labor
Installation of garage entry door stop $12.00 material and labor
2 sets of shutters. $80.00 material
Installation of thermostat in attic. $38.00 material and labor
Total: $210.00
169. Subtracting the total calculated in paragraph 168 above from the total of at least
$33,547.20 expended by Tim and Tonda Fuller yields $33,337.20.
170. Therefore, the damages amount to no less than $33,337.20.
WHEREFORE, Plaintiffs respectfully request that this Honorable Court find in their
favor and award damages in an amount of no less than $33,337.20 and grant such other relief as
this Court deems proper and just.
COUNT II — VIOLATION OF THE UNFAIR TRADE PRACTICES AND
CONSUMER PROTECTION LAW — 73 P.S. 4201 -1 et seq.
171. Paragraphs 1 through 170 are incorporated by reference as though set forth fully
herein.
172. Section 9.2 of the Unfair Trade Practices and Consumer Protection Law
( "UTPCPL ") provides for a private action to recover actual damages for practices declared
unlawful, up to three times actual damages sustained and such other relief as a court deems
necessary or proper, including costs and reasonable attorney fees. 73 P.S. § 201 -9.2.
173. Section 3 of the UTPCPL (73 P.S. § 201 -3) deems practices defined by Section
201- 2(4)(i) -(xxi) (73 P.S. §§ 201- 2(4)(i)- (xxi)) to be unlawful.
174. The applicable portions of Section 201 -2(4) are as follows:
(i) Passing off goods or services as those of another.
(ii) Causing likelihood of confusion or of misunderstanding as to the source,
sponsorship, approval or certification of goods or services;
(iii) Causing likelihood of confusion or of misunderstanding as to affiliation,
connection or association with, or certification by, another;
(v) Representing that goods or services have sponsorship, approval,
characteristics, ingredients, uses, benefits or quantities that they do not have or that a
person has a sponsorship, approval, status, affiliation or connection that he does not have;
(vii) Representing that goods or services are of a particular standard, quality or
grade, or that goods are of a particular style or model, if they are of another;
(ix) Advertising goods or services with intent not to sell them as advertised;
(xxi) Engaging in any other fraudulent or deceptive conduct which creates a
likelihood of confusion or of misunderstanding.
175. Jeremy Fuller at all times represented himself as a professional contractor with
adequate experience to perform the jobs he was hired by Tim and Tonda Fuller to complete.
176. The amount expended by Tim and Tonda Fuller on work that will need to be
completely redone totals $33,337.20, which constitutes actual damages.
177. Treble damages amount to $100,011.60.
WHEREFORE, Plaintiffs respectfully request this Honorable Court award treble
damages in the amount of $100,011.60 in addition to costs, reasonable attorney fees and such
other relief as this Court deems proper and just.
COUNT III — VIOLATION OF THE HOME IMPROVEMENT CONSUMER
PROTECTION ACT — 73 P.S. & 517.1 et seq.
178. Paragraphs 1 through 177 are incorporated by reference as though set forth
fully herein.
179. Section 2(4)(xxi) of the UTPCPL (73 P.S. § 201- 2(4)(xxi)), combined with
Section 9.2 of the UTPCPL (73 P.S. § 201 -9.2), provides a private cause of action where a
contract engages "in any other fraudulent or deceptive conduct which creates a likelihood of
confusion or of misunderstanding."
180. Pursuant to the Home Improvement Consumer Protection Act ( "HICPA "),
specifically 73 P.S. § 517.10, a "violation of any of the provisions of [the HICPA] shall be
deemed a violation of [the UTPCPL]."
181. Especially where a violation of HICPA constitutes "any other fraudulent or
deceptive conduct which creates a likelihood of confusion or of misunderstanding" (73 P.S §
201- 2(4)(xxi)), it should be permitted to proceed as a private cause of action under the UTPCPL.
182. Plaintiffs aver that the violations of the HICPA described herein qualify to be
brought as a private action under the UTPCPL.
183. Violations of the HICPA brought as a private action through the UTPCPL may
make use of the UTPCPL's provision for treble damages and reimbursement of costs and
reasonable attorney fees.
184. 73 P.S. § 517.7(a)(1) provides, "No home improvement contract shall be valid or
enforceable against an owner unless it ... [i] s in writing and legible ...."
185. 73 P.S. § 517.7(a)(2)(i) provides, "No home improvement contract shall be valid
or enforceable against an owner unless it ... [i]s signed by all of the following: (i) The owner,
his agent or other contracted party. (ii) The contractor or a salesperson on behalf of a
contractor."
186. As demonstrated by the exhibits attached hereto, Jeremy Fuller did not typically
sign his quotations, nor did any of his agents.
187. Also, as described herein, Jeremy Fuller omitted portions of what he promised to
do as part of his work from the quotations submitted to Tim and Tonda Fuller.,
188. It is averred that Jeremy Fuller never intended to return to finish or fix the work
he and his assistants started.
189. 73 P.S. § 517.7(a)(3) provides, "No home improvement contract shall be valid or
enforceable against an owner unless it ... "[c]ontains the entire agreement between the owner
and the contractor ...."
190. 73 P.S. § 517.7(a)(6) provides, "No home improvement contract shall be valid or
enforceable against an owner unless it ... [c]ontains the approximate starting date and
completion date.'
191. None of the quotations or invoices provided to Tim and Tonda Fuller by Jeremy
Fuller includes an approximate starting date or completion date.
192. 73 P.S. § 517.7(a)(7) provides, "No home improvement contract shall be valid or
enforceable against an owner unless it ... [i]ncludes a description of the work to be performed,
the materials to be used and a set of specifications that cannot be changed without a written
change order signed by the owner and the contractor."
193. 73 P.S. § 517.7(a)(10) provides, in part, "No home improvement contract shall be
valid or enforceable against an owner unless it ... [i]ncludes the names, addresses and telephone
numbers of all subcontractors on the project known at the date of signing the contract."
194. No information regarding Jeremy Fuller's assistants, at least some of whom are
believed to have been subcontractors, was supplied on the quotations and invoices provided to
Tim and Tonda Fuller by Jeremy Fuller.
195. 73 P.S. § 517.7(a)(11) provides,
No home improvement contract shall be valid or enforceable against an owner
unless it ... [e]xcept as provided in section 12, [footnote omitted] agrees to
maintain liability insurance covering personal injury in an amount not less than
$50,000 and insurance covering property damage caused by the work of a home
improvement contractor in an amount not less than $50,000 and identifies the
current amount of insurance coverage maintained at the time of signing the
contract.
196. The quotations and invoices provided to Tim and Tonda Fuller by Jeremy
Fuller do not contain any terms regarding liability insurance coverage.
197. 73 P.S. § 517.7(a)(12) provides, "No home improvement contract shall be valid or
enforceable against an owner unless it ... [i]ncludes the toll -free telephone number under section
3(b). [footnote omitted]"
198. The quotations and invoices provided to Tim and Tonda Fuller by Jeremy Fuller
do not contain the toll -free telephone number under section 3(b).
199. 73 P.S. § 517.7(a)(13) provides, "No home improvement contract shall be valid or
enforceable against an owner unless it ... [i]ncludes a notice of the right of rescission under
subsection (b)."
200. None of the quotations or invoices provided to Tim and Tonda Fuller by Jeremy
Fuller provides notice required by law of the right of rescission.
201. 73 P.S. § 517.7(b) provides, "An individual signing a home improvement contract
... shall be permitted to rescind the contract without penalty regardless of where the contract
was signed, within three business days of the date of signing."
202. 73 P.S. § 517.7(c) provides, "A contractor or salesperson shall provide and deliver
to the owner, without charge, a completed copy of the home improvement contract at the time
the contract is executed which shall contain all required notices."
203. 73 P.S. § 517.9 provides,
No person shall:
(5) Abandon or fail to perform, without justification, any home
improvement contract or project engaged in or undertaken by a
contractor.... .
(6) Deviate from or disregard plans or specifications, in any material
respect, without a written change order dated and signed by both the
contractor and owner, which contains the accompanying price changes
for each deviation.
(10) (i) Except as provided under subparagraph (ii), for a home improvement
contract in which the total price is more than $5,000, receive a deposit in excess of:
(A) one -third of the home improvement contract price; or
(C) one -third of the home improvement contract price plus the cost
of special order materials that will be ordered, as designated in the
written contract.
WHEREFORE, Plaintiffs respectfully request this Honorable Court award treble
damages in the amount of $100,011.60 in addition to costs, reasonable attorney fees and such
other relief as this Court deems proper and just.
COUNT IV — FRAUD
204. Paragraphs 1 through 203 are incorporated by reference as though set forth fully
herein.
205. 73 P.S. § 517.8(a) defines home improvement fraud:
A person commits the offense of home improvement fraud if, with intent to
defraud or injure anyone or with knowledge that he is facilitating a fraud or injury
to be perpetrated by anyone, the actor:
(1) makes a false or misleading statement to induce, encourage or solicit a
person to enter into any written or oral agreement for home
improvement services or provision of home improvement materials or
to justify an increase in the previously agreed upon price;
(2) receives any advance payment for performing home improvement
services or providing home improvement materials and fails to
perform or provide such services or materials when specified in the
contract taking into account any force majeure or unforeseen labor
strike that would extend the time frame or unless extended by
agreement with the owner and fails to return the payment received for
such services or materials which were not provided by that date;
206. Jeremy Fuller repeatedly told Tim and Tonda Fuller throughout the course of his
work that the work he was hired to perform would be done in a professional . manner and to their
specifications, even if it meant that he would have to return to the property to fix or repair work
already done.
207. It is believed and therefore averred that Jeremy Fuller used these remarks and the
like to induce Tim and Tonda Fuller into hiring him in the first place and continuing to hire him
for additional work.
208. It is believed and therefore averred that Jeremy Fuller never intended to provide
work done in a professional manner or to follow the specifications of Tim and Tonda Fuller.
209. To date, most of the work, as set forth previously herein, either has not been
adequately completed or needs to be entirely redone.
WHEREFORE, Plaintiffs respectfully request this Honorable Court award treble
damages in an amount of $100,011.60 in addition to costs, reasonable attorney fees and such
other relief as this Court deems proper and just.
Respectfully submitted,
BARIC SCHERER LLC
Date: 121 131 13 ��
Bret P. Shaffer, Esquire
Attorney ID No. 309180
19 W. South Street
Carlisle, PA 17013
(717) 249 -6873
Attorney for Plaintiffs
VERIFICATION
I 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 18 Pa. C.S. § 4904,
relating to unsworn falsification to authorities.
f ,
Date:
Timo y I. Fuller
VERIFICATION
I 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 18 Pa. C.S. § 4904,
relating to unsworn falsification to authorities.
Date: ,
Tonda S. Fuller
PA Contracting License # PA34075
Me awls 0 , 0 11 , 0 1OW
28 Mountain SttW ♦ Duncannon, PA 17020
(717) 576 - 2684 ♦ jfulle @embargmail.com
Invoice
Tim & Tonda Fuller Tun & Tonda Fuller
for Deck 800 Creek Road . o
September 14, 2010 Carlisle, PA 17015
(570) 576-2392
Description Materials Labor Fotal
Old Deck— lnstail 2" x 6" flooring (pressure on angle
from corner to corner with I 14" sparing between boards. 45000 30000 750.00
Boards will be fastened with screens
:Existing Stairs -- Replace Steps and Platform (use the existing
-1 framing). 2 New 4" x 4" will be installed to concrete base. 40000 500.00 900.00
Had to install new framing and tread upgrade.
Extra Work (not included on original quotation) installed 27x
8" joists 16" on center because old joists were sagging. 300.00 300.00 600.00
4mJ New Dedc— Install 7 pressure treated 4" x 4" in concrete
2SO.00 25000 500.00
footings.
O New Deck - 4nsrdi 2" x 10" framing and band. 30000 30000 600-00
0 New Dec- -Install 2" x 6" flooring (pressure treated) on
4j opposite angle as Old Deck from corner to corner with IN' 400-00 275.00 67500
spacing between boards. Boards will be fastened with screws.
New Deck— Install Railing: Blade metal balusters will be in-
0 1,00000 500.00 1,500.00
O stalled to a combination of 2" x 4" & 2" x 6" framing.
F — New Dedc -- Construct & install steps on angle as discussed. 200.00 200.00 400.00
Framed and Poured concrete in front of basement door —not
.� included on original quotation. 1 50.00 15000
4-J r
Installed new light fixture in storage room. 5.00 5.00 1000
T � Subtotal 6.08500
+ Minus
Deposit - X91250
6 Total 3,173.30 i
LIP
IL
1
Due
�3�sa
EXHIBIT A
PA Contracting License # PA34075
28 Mountain Sheet ♦ Duncannon, PA 17020
(717) 576 -2684 ♦ jfuller @embargmail.aom
Tim & Tonda Fuller % X
for Extras on Deck
September 28, 2010
aaaew
Tim & Tonda Fuller
800 Creek Rd
Carlisle, PA 17015
(717) 576 -2392
C: Dc-scription Labor Tot,l
Cie Installation of Pressure Treated I "x 4" on risers to pass lode
inspection. 35.00 4000 75.00
-1-J
Installation of Pressure Treated Hand Rails to pass code i 1000 4000 50.00
O spection.
Construction and Installation of Custom Made Pressure
Q Treated Gate w/latch. .00 4000 100.00
cJ3 f
5
0
I-
I s 22500
it 0.00
4-J ~
J Total 5.00 t
i5 i I tom! � 11 n o+ � e � � � Due �.
Ckar�e a ;+ w 0 Aaf 41�m .
.� Q M of)
1
SO c;ou kelow whe:.r -Q 90L). gee- OL4- wi
e x C. ,C. TS on A e.
EXHIBIT B
RA Conhacting License # PA34075
28 N bunWa Suet♦ Dunmnm, Pd 171W
Cn7j 571r + jfu enbwit W1.c=
QUOaoR
t
Tim & Tom Fuller
for Vinyl SW
Seed ndw 1, 2010
Ttm & Tanda FWw
t 800 Cr�lt Rd
Cat6ste� P 17015 .
p17�57Ffi
Description ..
Remora! and "argarau adongaiund num Sidwg, Soles
and Trim, indudes fast L Money necenred firom reLOW 0.00 20BA0 20BAO
$•�, aluminumvrila8set
bnd-cost a#laboe for nMKrAL
(�
1imalW5on of F3 square of Dduble C Do& Lop Vino Suing 230 JW s o0o.00 7:301100: .
(c uaomees choke of color).
houdhifion of OM&CotnerTrim, Starter, F-O a A J-
Qatn d whom m neces ay b9DA0 SOOAO ia" "50.00
In0aQa m of Vm' o Soffit (Vent+ad orSdid --Cates
Q 400A0 400.00 =DO 0.
Install M 4 fAluminum Famand Seamb= Gamer indudes 500.00 750.00 12MAU
darim spans (armome�r* d�oiee of dolor}
-1J
Su:tud t ozoa�o
Any tad woven w9ne to en uple n pnojeett0 auto uWs s uWhc-
`� lion will be added t0 the SW kwoke as ao adaitlanal dwaL Ow0f, �
one
To accept dus quotation% sift below and return with dgxmt aF TOW
S3r3WW Thelfalww wit be due when the job is aompietsd 10 t0 aaom
d/14 11ITL'."
EXHIBIT C
s
i
PA Contracting L kense # PA34075
28 Mountain Shut ♦ Duncwu=, PA 170M
(717) 576 -2684 ♦ j1u8e *mb wgrnail corn
Quotation
Tim & Tonda Fuller
far Viftndows
Sepmynber 1, 2010
Tim & Tonda Fuller
880 Creek Rd
Cadsk, PA 17015
(711) 5W2392
De scription
CP
Reew%W and Dispwal of 16 windwam OAO 4WAO 400.00
..r Itt ibmat.af, lS
V61tevino dmUe hung (kw a and argan tw
ir� between panes. Gtstoe ees dwwei6h Grids Vlfin- 3A0090 1.400J00 4.400+00 ;
doves wt(1 be new construction sate and be j43=net ready.
tj
0 POY WOO
1
0
F
sWP03U
w Any tedot+eseot avmwto a woete pnojectt o antomeezzn�
De �.400m
lion wfl be added t o dw fm d enwoiae as an additional drama. Due
M To accept this quotatiom sett below and return with deposit of TWA 4 JM=
T ;2.400:00: The balance wits be due when the job is completed to Due
cusaomees ndsbctkft
t
EXHIBIT D
PA Gonbacting License # PA34075
28 Mountain Street } Dunewman, PA 17020
(717) 576 -2684 ♦ jfii1wtbembargmai1.cmn
Quotation
Tim & Tonda fuller
for swne veneer
Sephodw1, 2010
Tim & Tonda Finer
800 Cteek Rd
Cat6sle, PA 17015
{717) 5a� -2392
44
.1 . L a bo r
(� Installation of 198 square leer of axone vwmw. 1.485:00 1.48500 2 9 'AO : ` -.
a
0
a,
0
F
a�
46J - SWIMAd Z970JO0
>
Any wdbrezem cpmw to maWlew pnojxit+n aonser's sat;
ton w91 be added to the SW k ak a as an additional dsarge D '
To accept this quota4a % stn below and naum with deport of Z97(kW
Z
$1485.00 The balance Md® be due when the ph is a wWhmed to
I
EXHIBIT E
i
PA Contracting License # PA34075
ra n' s
28 Mountain Street ♦ Duncannon, PA 17020
(717) 576 - 2684 ♦ jfuller@embargmail.com
Quotation
Tim & Tonda Fuller
for Vinyl Siding
September 28, 2010
Adams .
Tim & Tonda Fuller
800 Creek Rd
Carlisle, PA 17015
(717) 576 -2392
.. r Total
s
Removal and Recycling of all odsting aluminum Sidin& Soffit,
and Trim, includes Fascia - from left front corner of house to 0 150 1 50.00
right back corner of house. Money received from recycled
aluminum will offset the additional cost of labor for removal.
Installation of 115 square of Double 4" Dutch Lap Tuscan 1,13750 2,500.00 3;63750
Clay Vinyl Siding
Installation of-Outside Comer Trim,.Starter, F= Channel, & J-
•4•� 325:00 ' 35000
Channel where necessary.
Installation of Vinyl Soffit (Vented or Solid— Customer's 325.00 325.00 650:00 `�
0 Choice).
Installation of White Aluminum Fascia and White Seamless 300.00 400.00 7011:00
A' Guth-, includes, down spouts.
Installation of 314" Foam Insulation on exterior of house be-
4–J fore installation of vinyl siding. 775.00 400.00 N fZ5sQ0 -
Subtotal 6,98750
Any unforeseen expense to complete project to customer's satisfac-
tion will be added to the final invoice as an additional charge. DPos t 3,493.75
To accept this quotation, sign below and return with deposit of TO1 6,98750
$3,493.7§. The balance. will be due when the job is completed to Quotation
custome" , satisfaction
EXHIBIT F
PA Contracting License # PA34075
28 Mounts in Street Duncannon, PA 17020
(717) 576 -2684 ♦ .jful►e "barpail.com
Quotation
Tim & Tonda Fuller
for Windows
September 28, 2010
Aaare=
Tim & Tonda Fuller'
800 Creek Rd
Carlisle, PA 17015
(717) 576 -2392
De scription I Labor Total b
ice Removal and Disposal of4 windows. 0.00 20000 200.00
4-j
Installation of white vinyl double hung (low a and argon gas
0 insulation between panes. Customer's choice on Grids. Win-
down will be new constructidW. tj le and be J- Channel ready. l t oo.00 . '70..0.00
0
..� "s, coo, 06
Subtotal OWN
Any unforeseen"wpme to complete project to customers sadskc-
D eposk
�. lion will be added do thefinal invoice as an additional charge. D ue
To a this quotation, si , below and return with deposit of
'T � . 9 SIB eP p� 2.600:00
••ice• $1,300.00 The balance will b due when the job is completed to
customers satisfaction, t 100 O d
EXHIBIT G
PA Contracting License # PA34075
/r
28 Mountain Street ♦ Duncannon, PA 17020
(717) 576 - 2684 ♦ jfu1"embargma711.=n
Quotation
Tim & Tonda Fuller ,
for Stone Veneer
September 28, 2010
Adams
Tim & Tonda Fuller
800 Creek Rd
Carlisle, PA 17015
(717) 576 -2392
4.J
Degrriptinn Materials Lab
■.�.
Installation oflU square feet of, stone veneer. 75000 750.00 `1'5(1000
4
■� i
i
O
0
O
4-
S rbz b50000
y
Q� Any unforeseen expense to complete project to customer's satisfac- Deposit
lion will be added to the final invoice as an additional charge. Due 750.00
wr w To t this quotation, sign below and return with deposit of
aooep q gn epos' Total (,50000
$750.00.;- The balance will be due when the job is completed to Quotation 1
customers satisfaction.
i r
EXHIBIT H
PA Contracting License # PA34075
s • ' Ch'
28 Mountain Street ♦ Duncannon, PA 17020 1 /
(717) 576 -2684 ♦ Ailier@embaMmail.com
Invoice l
Tim & Tonda Fuller
fbr Vinyl Siding 45
November 4, 2010
Z
Tim R Tonda fuller 1 -
�L -�
800 Creek Rd Y
Carlisle, 0A 17015
(717) 576-2392
De scription
a.t. Removal and Recyding of all e�dsting aluminum Siding, Soffit
+•+" and Trim, includes Fascia from left front corner of house to
right bads corner of house. Money received from recycled 000 150.00 150.00
• "' aluminum will offset the additional cost of labor for removal.
O Installation of 115 square of Double 4" Dutch Lap Tuscan
Clay Vinyl Siding 1,13750 2,500.00 :3;63750
0 installation of Outside Corner Trim, Starter, F- Channel, & J-
Channel where necessary. 32500 350.00 67,x -M
r
O Installation of Vinyl Soffit (Vented or Solid - -Customer's 325.00 325.00 6ST00 '
O Choice)
Installation of White Aluminum Fascia and White Seamless 300.00 , 1(10.00
Gutter, includes down spouts. -
Installatio.. Af 314" Foam Insulation on exterior of house be-
775.00 400.00 ::.I ,75:00
fore installation of vinyl siding
Q�
Subtotal 6,98750
Minus Deposit - 3,493.75
Mr Total 3,443 -75 `
Due E
6
i
EHHIBIT I
PA Contracting License # PA34075
28 Mountain Street ♦ Duncannon, PA 17020
(717) 576 -2684 ♦ jfuller @embargmail.com
Invoice
Tim & Tonda Fuller
for Windows
November 4, 2010
Address:
Tim & Tonda Fuller
800 Creek Rd
Carlisle, PA 17015
(717) 576 -2392
D escription - Lab
Removal and Disposal of 6 windows. 0.00 200.00 200.00
-1�
•'� Installation of 6 white vinyl double hung (low a and argon gas
0 insulation between panes. No Grids. Windows will be new 1,100.00 700.00 1,800.00
construction style and be J- Channel ready.
0
�J subtotal 2,000.00 f
W Minus
Deposit
TOW 1,000.00
Due
W
I
EXHIBIT J
r
PA Contracting License # PA34075
28 Mountain Street ♦ Duncannon, PA 17020
(717) 576 -2684 ♦ jfllller@embargmaii.com
Invoice
Tim & Tonda Fuller
for Stine Veneer
November 4, 2010
aea.=
Tim & Tonda Fuller
800 Creek Rd
Carlisle; PA 17015
(117)'576= 2392 ,
De5cription Materials Labor Total
Installation o 90 quarefietof stone veneer. 750:00 750.00 1500.00
0
44
c
Subtotal 1500.00
v Minus
Deposit
M TMaI 750:00
'r Due
t
i
EXHIBIT K
PA ContraCting License # PA34075
• • �"
`28 Mountain Street ♦ Duncannon, PA 17020
:f717) 576 -2684 + jfidkw@embarcpmil.com
Invoice
Tim & Tonda Fuller
far Sbone Veneer
November 4,, 2010 .
Tam '& Tonda Fuller
800 Cteek Rd. .
Carlisle, PA 1.7015
(717) 576 -2392
■r '
demon of 1`SO square fee of scone meneer_.. ;, 1.20000 1,20000 2,-90000_ x
o
0
f—
Subtotal a�
2.400:O
MD1us 1.20000
Deposit
Total
Due 2,400.00 +V
Q) c�e�res��, cold
check -�
EXHIBIT L
0
PA Contracting License # PA34075
28 Mountain Street ♦ Duncannon, PA 17020
(717) 576 -2684 ♦ jfuller@embargmail.00m t �(��
P
Invoice 7 50-,:5 - �o
Tim & Tonda Fuller `) BPS --'� 7G10
for Extras
November 4, 2010 ��
Addrem
fib-�0� �3�83
Tim & Tonda Fuller �3b f v-
800 Creek Rd
Carlisle, PA 17095
(717) 576 -2392
Description
Installation of 5 Interior Window Casings. Bull -Nose Sill, and
213.00 225.00 438.00
Trim.
Installation of I Frost Free outside Spigot with inside Shut-Off
Valve 45.00 25.00 70.00
O
Installation of Garage Entry Door S Rubber 2.00 10.00 1200.
0
4 :Installation of 10`,sq. feet,of:Stone and Grout Z . 8335 8335 166 70
Removal of white aluminum around garage doors and.trim. /
Q Repair of damaged garage door jamb on extreme right side. 120.00 100.00 220.00
0 Installation of new custom day aluminum wrap and new clay
door vin /'
v Installation of 2 sets of blue vinyl shutters 80.00 50.00 130.00 1(
Installation of new thermostat in attic for ventilation fan. 18.00 20.00 38.00
-_
Subtotal 1,074.70
Minus
-0.00
Deposit
Total �O740
Due 1
W /
EXHIBIT M
PA Contracting License # PA34075
• W I -
28 Mountain Street ♦ Duncannon, PA 17020
(717) 576 -2684 ♦ jfuller @embargmail.com
Quotation
Tim & Tonda Fuller
for Extras on Deck
November 4, 2010
Address:
Tim & Tonda Fuller
800 Creek Rd
Carlisle, PA 17015
(717) 576 -2392
D-
Installation of Pressure Treated I" x;4 " <on risers to pass >.code
35.00 40.00 7500
:inspection.
'� Installation of Pressure Treated Hand Rails to pass code in- 10.00 40.00 50.00
o spection.
MO Construction and Installation of Custom Made Pressure
O Treated Gate wAatch & Rails. 60.00 40.00 100.00
O
^ , Subtotal 225.00
W - Minus 0.00
Deposit
4—J Total
W Due 225.00
> i V_fP_
EXHIBIT N
PA Contracting License # PA34075
28 Mountain Street . Duncannon, PA 17020
(717) 576 -2b84 * ifuger@embargmaii.com
Quotation
Tim & Tonda Futter
for Vinyl Siding
November 17, 2010
Addmm
Tim & Tonda Fuller
800 Cieek Rd
Carlisle, PA 17015
(717) 576 -2392
a erials Labor Total
-1-�
Removal and! Recyd ft of all existing aluminum Siding,, Soffit,
and Trim, includes Fascia from left front corner of house to 000 200.00 200.00
.�,.f right back corner of house. Money received from recycled
•'�' aluminum will offset the additional cost of labor for removal.
O Installation of 125 square of Double 4 Dutch Lap Tuscan
Clay Vinyl Siding: 1,303.80 2,65000 3;953:80'
O Installation of Outside Corner Trim, Starter, F- Channel. & J-
Channel where necessary. 32500 350.00 ` 675:00
O Installation of Vinyl Soffit (Vented or Sortd— Custommes /
Chose). 475 Oa ' 475:00 "950:00' ✓
Installation of White Aluminum Fascia and Whine Seamless 30000 +100.00 700:00
Gutter. includes down spouts.
Insta8adon of 31 Foam Insulation on exterior of house be-
'�" fore insYalkd(M of vinyl siding. 850:00 45000 !,?50.00
> Subtotal 7,728.80
({� Any unforeseen expense to complete project to customees satisfac-
Z bon wiU be added to the SW invoice as an additional ctorge. Deposit 3,864.40 Due
To accept this quotation, sign below and return with deposit of TOE 7 72UO
$3.86440 The balance will be due when the job is completed to quotat ,S cliE
customer's satisfaction.I iA r
; � o0 U"# 39 ' 5
0
EXHIBIT
e � l
PA Contracting License # PA34075
28 Mountain Stmt ♦ Duncannon, PA 17020
(717) 576 -2684 ♦ jfuller@embargmail.com
Quotation
Tim & Tonda Fuller
for Windows
November 17, 2010
} Add.e
Tim & Tonda Fuller
800 Creek Rd
Carlisle, PA 17015
(717) 576 -2392
- ��°'��wi "''—'
Descrip
To
Removal and Disposal of 12 windows. 0.00 600.00 000.00
o v J Installabo of I ice vinyl double hung (low a and argon gas
insulation een panes. Customer's choice on Grids. Win 2,40000 1,200.00 3,000.00
0 dows will be new construction style and be j- Channel ready.
O Installation of 10 Interior Window Casings, Bull -Nose Sill, and 438.00 43800 '876.00
4-J Trim.
O 3�
O
I—
O
i Subtotal 4,476.00
0 Any unforeseen expense to complete project to customer's satisfac- Deposit
tion will be added to the final invoice as an additional-charge. Due 2,238.00
To accept this quotation, sign below and return with deposit of f
$2,238.00. The balance will be due when the job is completed to Quotation '`� `
0 customer's satisfaction. C�((�Ii�eTA 1
•� �� as �� J t
l
_J
EXHIBIT P
I A Contracting icense # PA3407
g S
28 Mountain Street ♦ Duncannon, PA 17020
(717) 576 -2684 ♦ jfuller@emba ail om
_ 4
Quotation Q
Tim &Tonda Fuller. W e
for Pillars in Front of House "
November 17, 2010
Addrem not to �
Tim & Tonda Fuller
800 Creek Rd
Carlisle, PA 17015
(717) 576 -2392
..w ■
De scription
Removal Disposal of existing 4 white pillars. .00 4000 40.00
O Installation of 5 Con Foundations (16" x 16'). 300.00 300.00 600.00
Installation of stone veneer on on Foundations (96
0 768.00 sq feet). 768.00 1,536.00
0 Installation of 5) 6" pressure treated posts. 125.00 125.00 250.00
0
F
^ Instal on of white vinyl sleeves on 6" x 9" P_T.' 500.00 500.00 1
A
4-J Subtotal 3,426.00
W eposit 1,713.00
D ue
Any unforeseen expense to complete project to customer's satisfac-
tion will be added to the final invoice as an additional charge. TOE t
Quotation �•.k::.:.; ,,,; �.
�f To accept this quotation, sign below and return with deposit of
V/ $1,713.00 The balance wilIN due when the job is completed to
customer's satisfaction.
ba +fit
rK clo Ne,
EXHIBIT Q us� Q
� ® n
a
PA Contracting License # PA34075
28 Mountain Street ♦ Duncannon, PA 17020
(717) 576 -2684 ♦ jfuller @embargmaii.com
Invoice
Tim & Tonda Fuller
for Platform & Ramp Addition to Deck
March 28, 2011
Address:
Tim & Tonda Fuller
800 Creek Rd
Carlisle, PA 17015
(717) 576 -2392
4-J
Description ..
CD
Construction of additional deck platform and ramp 116.19 80.00 196.19
(approximately 9'x 28').
4J
0
O
4
O Subtotal 196.19
Minus _ 0.00
^' Deposit
C Total
Due
•
~ ` ' S 4
�N
W -
EXHIBIT R
J
• PA contracting License # PA34075
28 mountaili Sbreel ♦ Duncamm, PA 17020
.(717) 576 -2684 ♦ jfu1ler@embaigma3.aotn
Invoice
Tim & Tonda Fuller
for Doors do Storage Area
March 28, 2011
nMR=
Tim & Tonda Fuller
800 Creek Rd
Carlisle, PA 17015
(717) 57.6 -2392
Installation of dayMlgim aluminum and trim boards. Also, 5265 200.00 252.65
1ndudes new hardvrare (blade hipps and dead bok).
Installation of coy amw w provide for secure dostme of Door. 8.00 5000 58.00
0
0 • Subtotal 310AS
'..r, Mb= -0.00
7D4u .65
M r
j 0 C Clea
IQ D 1 n'
N v C _r
0 ' D
J
_ f
�•. 1t,+f ti , icl ucl
EXHIBIT S
i
PA Contracting License # PA34475
28 Mountain Sbeet Duncennon, PA 17020
(717) 576 -2684 ftUuCwwftfqmWRcam
Invoice
Tim & Tonda Fuller
for Rail a1mV amar+ete Steps
Nf mh 28, 2011
adders
Tim & Tonda Fuller'
800 Cmk Rd
Carlisle, PA 17015
(717) 576 -2392
L.L Ce Installation of new pressure areaued* x �Vs.and- r x 6"s
Rails down along right side of Concrete Steps to porch from 8000 7000 15000
Drive
Q
mo o
0
0
O Subuyml 15000
1' A Mmus - 0 OD
.#.rl TOW I5i?.OQ
T M
v
EXHIBIT T
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny RAnderson
Sheriff . t
xa ts, of
Jody S Smith ! ,,A',U'I —2 (. 1 lC !
Chief Deputy
Richard W Stewart ,
Solicitor = P i i!a,$:i Y LV1`d I l o
Timothy I. Fuller
vs. Case Number
Jeremy Fuller d/b/a Fuller's Handyman Service 2013-7420
SHERIFF'S RETURN OF SERVICE
12/18/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: Jeremy Fuller d/b/a Fuller's Handyman Service, but was unable to
locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Perry,
Pennsylvania to serve the within Complaint& Notice according to law.
12/23/2013 02:16 PM-The requested Complaint&Notice served by the Sheriff of Perry County upon Faith Fuller,
Defendents Spouse, who accepted for Jeremy Fuller d/b/a Fuller's Handyman Service, at 28 Mountain
Street, Duncannon, PA 17020. Carl Nace, Sheriff, Return of Service attached to and made part of the
within record.
SHERIFF COST: $37.00 SO ANSWERS,
December 27, 2013 RONNK ANDERSON, SHERIFF
Timothy I. Fuller IN THE COURT OF COMMON PLEAS OF
THE 41st JUDICIAL DISTRICT OF PENNSYLVANIA,
Tonda S. Fuller PERRY COUNTY BRANCH
Versus
Jeremy Fuller d/b/a
Fuller's Handyman Service No. 2013-7420 Cumberland County
SHERIFF'S RETURN
And now December 23 , 2013 : Served the within name Jeremy Fuller
the defendant(s) named herin, personally at his place of residence in Penn Twp., 28
Mountain St.
Duncannon,
Perry County, PA, on December 23, 2013 at 2:16 o'clock PM
by handing to Faith Fuller, Defendant's Wife 1 true and attested
copy(ies) of the within Complaint
and made known to her the contents thereof
Of
Sworn and subscribed to before me this o7
day of 02O/3 So answers
i
0714/ 17..21a_______
e�MMONWEA /FPENNsYLvRLthonotary Deputy Sheriff of Perry County
NOT RIAL SEAL
JOY S.ZERANCE,NOTARY PUBLIC
NEW BLOOMFIELD BORO.,PERRY COUNTY
MY COMMISSION EXPIRES MARCH 6,2014
TIMOTHY I. FULLER and • IN THE COURT OF COMMON PLEAS
TONDA S. FULLER, • OF CUMBERLAND COUNTY,
Plaintiffs • PENNSYLVANIA
•
•
vs. • CIVIL ACTION - LAW
•
JEREMY FULLER d/b/a FULLER'S • No. 13-7420
HANDYMAN SERVICE, •
Defendant • JURY TRIAL DEMANDED
JURY TRIAL DEMAND
COMES NOW, counsel for the Defendant in this matter and submits this notice stating
that the Defendant demands a jury trial.
Respectfully submitted,
February 4, 2014 .4
A
Je r, fer P. Wilson, Esquire
2271p1. High St., P.O. Box 116
Duiannon, PA 17020
717-834-3087 - phone
717-834-5437 - fax
Attorney for Defendant
cc: Bret P. Shaffer, Esquire
TIMOTHY I. FULLER and • IN THE COURT OF COMMON PLEAS
TONDA S. FULLER, • OF CUMBERLAND COUNTY,
Plaintiffs • PENNSYLVANIA
•
•
vs. • CIVIL ACTION - LAW
•
•
JEREMY FULLER d/b/a FULLER'S • No. 13-7420
HANDYMAN SERVICE, • °
C
Defendant • JURY TRIAL DEMANDED -13 cc°
rT�
r*t r.r.
70 co r T
mot CD ■
I— —4r.
(D s-;
CERTIFICATE OF SERVICE > '
ra
I, Gail F. Andrews, Secretary/Legal Assistant for Philpott Wilson LLP, hereby certify that
on this 4`h day of February, 2014, a copy of the attached fore-going document in the above-
captioned case, was served on Plaintiffs' attorney by US First-Class Regular Mail, postage
prepaid and addressed as follows:
Bret P. Shaffer, Esq.
18 West South Street
Carlisle, PA 17013
•
—t A,
/G.it F. Andrews, Sec/Legal Assist.
ennifer P. Wilson, Esq.
Supreme Court ID # 209893
227 N. High St., PO Box 116
Duncannon, PA 17020
717-834-3087 - phone
717-834-5437- fax
TIMOTHY I. FULLER AND TONDA S. IN THE COURT OF COMMON PLEAS
FULLER, OF CUMBERLAND COUNTY,
Plaintiffs PENNSYLVANIA
•
vs. NO: 13-7420 r.-.3 "1'
JEREMY FULLER DB/A FULLER'S CIVIL ACTION -LAW rn CO
rri w m
HANDYMAN SERVICE, to I } +
Defendant • JURY TRIAL DEMANDED
A t-? -r
PRELIMINARY OBJECTIONS OF THE DEFENDANT > °i'
;F7
COMES NOW the Defendant and raises Preliminary Objections to Plaintiff's Complaint as
follows:
COUNT I - BREACH OF CONTRACT
1. The Plaintiffs contend that the Defendant's quotations constituted offers, which
were accepted when the Plaintiffs signed the quotations or tendered their deposits. (Complaint¶
162.)
2. The Plaintiffs also contend that the Defendant made additional verbal
representations preceding and during the work performed. (Complaint¶ 163.)
3. The Plaintiffs contend that the breaches of contract in this case consist of"the
failure of Jeremy Fuller [Defendant] to adequately complete the tasks for which he was hired . . .
." (Complaint¶ 164.)
4. The only contracts alleged by Plaintiffs are those formed by the quotations
submitted by Defendant and accepted by Plaintiffs. The Plaintiffs have not alleged any
additional verbal contracts formed between these parties; only stating that Defendant made
additional "verbal representations" which are not alleged to rise to the level of additional
contracts.
1
5. The first preliminary objection to the first cause of action is insufficient specificity
in a pleading. See Pa. R. Civ. Pro. 1028(a)(3).
A. Defendant objects on this ground because Plaintiffs' claim that Defendant
failed to "adequately complete the tasks for which he was hired" is vague
and ambiguous.
B. Defendant was hired to complete multiple tasks, as reflected in the
supporting exhibits attached to the Complaint, which consist of various
quotations and invoices for multiple jobs at the Plaintiffs' residence.
C. A careful review of the complaint and supporting exhibits demonstrates
that Plaintiffs have not alleged that Defendant failed to complete any of
the jobs that he contracted to complete.
D. Thus, Plaintiffs have merely alleged in a vague and ambiguous manner
that Defendant failed to "adequately" complete the tasks, which is not a
sufficiently specific allegation for Defendant to respond.
6. The second preliminary objection to the first cause of action is that the pleading is
legally insufficient. See Pa. R. Civ. Pro. 1028(a)(4).
A. The Plaintiffs claim that the contracts were breached by Defendant's
failure to "adequately complete the tasks for which he was hired."
(Complaint 11164.)
B. There is no other breach specified in the Complaint.
C. A careful review of the complaint and supporting exhibits demonstrates
that Plaintiffs have not alleged that Defendant failed to complete any of
2
the jobs that he contracted to complete.
D. Although the language used("adequately complete") is not sufficiently
specific (see first Preliminary Objection, supra,¶6), the Plaintiffs appear
to be claiming that the work was not performed to their satisfaction or was
not completed in a workmanlike manner.
E. The Plaintiffs have not alleged any way in which Defendant's work failed
to meet the terms of the written quotations, and thus the claim can not
stand on this basis.
F. To the extent that Plaintiffs are claiming that the work was not completed
in a workmanlike manner,the claim must be dismissed for the following
reasons:
i. None of the quotations or invoices state that the work will
be completed in a workmanlike manner.
ii. Plaintiffs have not alleged a verbal contract; they rely for
this claim on the written quotations.
iii. There is no implied warranty of workmanlike quality in this
case, and in any event, no such claim has been made.
G. In fact, Plaintiffs' allegation that Defendant completed the work in an
unworkmanlike manner is a claim sounding in tort, not in contract, and no
tort claim has been stated, likely due to the fact that negligence claim
would be barred by the Statute of Limitations.
3
COUNT II -VIOLATION OF THE UNFAIR TRADE PRACTICES
AND CONSUMER PROTECTION LAW—73 P.S. § 201-1 et seq.
7. Plaintiffs list seven (7) practices deemed by the UTPCPL to be unlawful.
(Complaint 11174.)
8. Without explaining how Defendant's actions constitute any of the seven listed
provisions, the Plaintiffs state that Defendant"at all times represented himself as a professional
contractor with adequate experience to perform the jobs he was hired . . . to complete."
(Complaint 11175.)
9. Plaintiffs have not alleged that Defendant was not a professional contractor or that
he did not have adequate experience to perform the jobs he was hired to complete; rather, they
have alleged that he performed the jobs in an unworkmanlike manner.
10. Plaintiffs claim that they are entitled to treble damages under the UTPCLP.
(Complaint¶ 172.)
11. The first preliminary objection to the second cause of action is insufficient
specificity in a pleading. See Pa. R. Civ. Pro. 1028(a)(3).
A. Plaintiffs have failed to explain how Defendant's conduct described in
Paragraph 175 constitutes any of the seven listed unlawful practices in 73
P.S. § 201-2.
B. Plaintiffs have failed to explain why they contend they are entitled to
treble damages under 73 P.S. § 201-9-2.
12. The second preliminary objection to the second cause of action is that the pleading
is legally insufficient. See Pa. R. Civ. Pro. 1028(a)(4).
4
A. The allegation in Paragraph 175 does not constitute any of the seven
alleged unlawful practices.
B. The only arguably applicable unlawful practice is the catch-all provision in
73 P.S. § 201-2(4)(xxi), which states: "Engaging in any other fraudulent or
deceptive conduct which creates a likelihood of confusion or of
misunderstanding."
C. The Plaintiffs appear to be asserting a fraud claim under the catch-all
provision of the UTPCPL, which requires the Plaintiffs to plead and prove
all the elements of common law fraud.
D. For the reasons explained infra regarding Count IV - Fraud, the Plaintiffs
have not sufficiently pleaded a common law fraud claim.
COUNT III - VIOLATION OF THE HOME IMPROVEMENT
CONSUMER PROTECTION ACT - 73 P.S. § 517.1 et seq.
13. Plaintiffs contend that Defendant's violation of the HICPA rises to the level of a
violation of the catch-all fraud provision in the UTPCPL (73 P.S. § 201-2(4)(xxi). (Complaint¶¶
178-182.)
14. The preliminary objection to the third cause of action is that the pleading is legally
insufficient. See Pa. R. Civ. Pro. 1028(a)(4).
A. There is no stand-alone private cause of action under the HICPA.
i. 73 P.S. § 517.7 (Home Improvement Contracts) establishes certain
requirements for home improvement contracts, and states: "No
home improvement contract shall be valid or enforceable against
5
an owner unless it [listing 13 requirements]." See 73 P.S. §
517.7(a) (emphasis added). This provision thus limits a
contractor's recovery rights against an owner. This provision has
no relevance in this suit where the owner has sued the contractor.
Therefore, the complaints in Paragraphs 184-202 are irrelevant and
do not form the basis for a claim.
ii. 73 P.S. § 517.8 (Home Improvement Fraud) is a penal provision,
and does not create a civil cause of action.
iii. 73 P.S. § 517.9 sets forth a list of prohibited acts, violation of
which may give rise to a private cause of action under the UTPCPL
according to 73 P.S. § 517.10.
B. With respect to the list of prohibited acts in 73 P.S. § 517.9, the Plaintiffs
have quoted three acts—subsections (5) (relating to failure to perform), (6)
(relating to deviation from plans or specifications), and(10)(i) (relating to
receiving a deposit in excess of one-third of the contract price).
C. Beyond quoting these three subsections, Plaintiffs have not stated how
Defendant violated any of these prohibited acts.
D. As explained in supra regarding Count I - Breach of Contract, the
Plaintiffs have not alleged that Defendant failed to perform, nor have they
alleged that he deviated from any written plans or specifications.
E. Plaintiffs have not provided any computation of how the deposit amounts
compare to the each contract price or the total contract price, with or
6
r ter$
without consideration of materials.
F. In any event, the Plaintiffs again appear to be asserting a fraud claim under
the catch-all provision of the UTPCPL, which requires the Plaintiffs to
plead and prove all the elements of common law fraud.
F. For the reasons explained infra regarding Count IV - Fraud, the Plaintiffs
have not sufficiently pleaded a common law fraud claim.
COUNT IV - FRAUD
15. The Plaintiffs quote the definition of Home Improvement Fraud in 73 P.S. §
517.8, which is a penal statute. (Complaint 11205.)
16. The Plaintiffs allege that Defendant represented to them that he would perform the
work in a professional manner and to their satisfaction in order to induce Plaintiffs to hire him,
but never intended to provide work in a professional manner or to the satisfaction of Plaintiffs.
(Complaint¶¶206-208).
17. The preliminary objection to the fourth cause of action is that the pleading is
legally insufficient. See Pa. R. Civ. Pro. 1028(a)(4).
A. The Home Improvement Fraud penal statute does not establish the
elements of a common law fraud cause of action.
B. Rather,the elements of a common law fraud cause of action, which is
what this claim appears to be, are established by common law.
C. The elements of a common law fraud or intentional misrepresentation
cause of action are as follows: (1) a representation; (2) which is material
to the transaction at hand; (3) made falsely, with knowledge of its falsity or
7
recklessness as to whether it is true or false; (4) with the intent of
misleading another into relying on it; (5)justifiable reliance on the
misrepresentation; and(6)the resulting injury was proximately caused by
the reliance. See Gibbs v. Ernst, 538 Pa. 193, 207 (1994).
D. The only representation specifically alleged by the Plaintiffs in their fraud
cause of action is that Defendant would perform the work in a professional
manner and to the Plaintiffs' specifications, even if he had to return to the
property to fix or repair work already done. (Complaint 11206.)
E. This claim is not legally sufficient because the Plaintiffs have not alleged
the elements of a common law fraud of cause of action. Most
significantly, the Plaintiffs have not alleged that the representation made
by Defendant was false.
WHEREFORE, the Defendant asks the Court to dismiss the Complaint.
Res t-ctfully s i mitted;
ki
Jenni'�r P. Wilson, Esquire
227 High St., P.O. Box 116
Duncannon, PA 17020
717-834-3087 - phone
717-834-5437 - fax
Attorney for Defendant
Dated: February 4, 2014
8
TIMOTHY I. FULLER and IN THE COURT OF COMMON PLEAS
TONDA S. FULLER, OF CUMBERLAND COUNTY,
Plaintiffs • PENNSYLVANIA
vs. NO: 13-7420
JEREMY FULLER d/b/a FULLER'S CIVIL ACTION - LAW
HANDYMAN SERVICE,
Defendant JURY TRIAL DEMANDED
NOTICE TO PLEAD
To: Timothy I. Fuller and Tonda S. Fuller
You are hereby notified to file a written response to the enclosed PRELIMINARY
OBJECTIONS OF THE DEFENDANT within twenty(20) days from the date of service hereof of
a judgment may be entered against you.
February 4, 2014
JenniV P. Wilson, Esquire
227 N. igh Street, P.O. Box 116
Duncannon, PA 17020
717-834-3087 - phone
717-834-5437 - fax
Counsel for Defendant
TIMOTHY I. FULLER and : IN THE COURT OF COMMON PLEAS
TONDA S. FULLER, • OF CUMBERLAND COUNTY,
Plaintiffs • PENNSYLVANIA
vs. • CIVIL ACTION - LAW
•
JEREMY FULLER d/b/a FULLER'S No. 13-7420
•
HANDYMAN SERVICE,
Defendant : JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I, Gail F. Andrews, Secretary/Legal Assistant for Philpott Wilson LLP, hereby certify that
on this 4"'day of February, 2014, a copy of the attached fore-going document in the above-
captioned case, was served on Plaintiffs' attorney by US First-Class Regular Mail, postage
prepaid and addressed as follows:
Bret P. Shaffer, Esq.
18 West South Street
Carlisle, PA 17013
(ail F. Andrews, Sec/Legal Assist.
ennifer P. Wilson, Esq.
Supreme Court ID # 209893
227 N. High St., PO Box 116
Duncannon, PA 17020
717-834-3087 -phone
717-834-5437- fax
Cil/Afe
PRAECIPE FOR LISTING CASE FOR ARGUMENT
(Must be typewritten and submitted in triplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next
Argument Court.)
c, t., '..
CAPTION OF CASE
(entire caption must be stated in full) CO i a
rrl
CO
TIMOTHY I. FULLER and TONDA S. FULLER, Plaintiffs mac;'
r-
< =-1
JEREMY FULLER d/b/a FULLER'S HANDYI 3> ° "{ '
No. 2013-7420
1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to
complaint, etc.):
Defendant's Preliminary Objections
2. Identify all counsel who will argue cases:
(a) for plaintiffs:
Bret P. Shaffer, Esq.
(Name and Address)
18 West South Street, Carlisle, PA 17013
(b) for defendants:
Jennifer P. Wilson, Esq.
(Name and Address)
P.O. Box 116, Duncannon, PA 17020
3. I will notify all parties in writing within two days that this case has been listed for
argument.
4. Argument Court Date: ;? r,i
•
("[� I r f
L
Si.1 ature
C\1-1 P, isorN
Print your name
Defendant
Feb. 4, 2014 Attorney for
Date: 4 /9.7SP d/45
INSTRUCTIONS: C #- S///3
1. Original and two copies of all briefs must be filed with the COURT
ADMINISTRATOR(not the Prothonotary) before argument. Pik 3c 4/
a/
2. The moving party shall file and serve their brief 14 days prior to argument.
3. The responding party shall file their brief 7 days prior to argument.
4. If argument is continued new briefs must be filed with the COURT
ADMINISTRATOR(not the Prothonotary) after the case is relisted.
TIMOTHY I. FULLER, and IN THE COURT OF COMMON PaA
OF PENNSYLVANIA .;
TONDA S. FULLER, . -
Plaintiffs co
u-)7 c
vs CUMBERLAND COUNTY = -v `=
-,'
JEREMY FULLER d/b/a CIVIL ACTION - LAW zc -77 '
FULLER'S HANDYMAN DOCKET NO. 13-7420 �' a x"
SERVICE,
Defendant
CORRECTED PRAECIPE FOR ENTRY OF APPEARANCE
To the Prothonotary:
COMES NOW, Jennifer P. Wilson, Esquire, and enters her appearance in this matter on
behalf of the Defendant, Jeremy Fuller
February 4, 2014 Respectfully submitted:
Jenni P. Wilson, Esquire
Supr e Court ID # 209893
227 N. High Street, P.O. Box 116
Duncannon, PA 17020
717-834-3087
TIMOTHY I. FULLER and IN THE COURT OF COMMON PLEAS
TONDA S. FULLER, • OF CUMBERLAND COUNTY, 2 `= .
Plaintiffs PENNSYLVANIA W ;,,,.,
rri VS. 1-:' m
•
CIVIL ACTION -LAW -- b
-t- ' co
JEREMY FULLER d/b/a L
FULLER'S HANDYMAN SERVICE, v i-, c
cp
Defendant NO: 13-7420 N =`
MOTION FOR CONTINUANCE
COMES NOW, Jennifer P. Wilson, Esquire, counsel for Defendant, and moves this
Honorable Court to continue the oral argument matter scheduled for Friday,April 4, 2014, .for the
following reason(s):
X Scheduling conflict.
Attorney Wilson will be unavailable that day as she has a commitment to be in State College
that day.
The opposing party/parties:
❑ Have not been notified of this motion.
X Have been notified of this motion and do not oppose it.
❑ Have been notified of this motion and oppose it for the following reason(s):
The number of times this matter has been continued: -0-
Wherefore, the undersigned respectfully requests that this motion for continuance be granted.
Date J- , fer P. Wilson, Esquire
2
TIMOTHY I. FULLER& IN THE COURT OF COMMON PLEAS
TONDA S. FULLER, OF CUMBERLAND COUNTY,
Plaintiffs PENNSYLVANIA
vs.
CIVIL ACTION -LAW
JEREMY FULLER d/b/a
FULLER'S HANDYMAN SERVICE, .
Defendant NO: 13-7420
ORDER
AND NOW, this Z/.° day offe•Gnsei , 2014, it is hereby ORDERED
that the Defendant's motion for continuance is GRANTED, and the oral argument scheduled for
April 4, 2014, at , is hereby continued to the 9th day of May, 2014, at .u. in
Givartrpvmr - , el* Floor of the Cumberland County Courthouse in Carlisle,Pennsylvania.
BY THE COURT:
J.
cc: •' et P. Sheaffer, Esquire, 19 West South Street, Carlisle, PA 17013 (Plaintiffs counsel)
'Jennifer P. Wilson, Esquire, P.O. Box 116, Duncannon, PA 17020 (Defendant's counsel)
1,e.5 t t cL
co
•
ry
TIMOTHY I. FULLER and : IN THE COURT OF COMMON PLEB
TONDA S. FULLER, : CUMBERLAND COUNTY, PENN VATIA5-'-,T V
Plaintiffs ar � - .) :.;
•, �3 ;-,
-<� - Ls
v. : CIVIL ACTION- LAW
JEREMY FULLER d/b/a FULLER'S : No. 13-7420
•
HANDYMAN SERVICE,
Defendant •
PLAINTIFFS' ANSWER TO THE PRELIMINARY OBJECTIONS OF DEFENDANT
Plaintiffs, Timothy I. Fuller and Tonda S. Fuller(hereinafter"Plaintiffs")by and through
their attorneys, Bark Scherer LLC, hereby answer the preliminary objections of defendant,
Jeremy Fuller d/b/a Fuller's Handyman Service (hereinafter"Defendant") to the Complaint as
follows:
COUNT I-BREACH OF CONTRACT
1. Admitted. It is noted that Plaintiffs contend that the quotations do not constitute
the entire agreements between the parties, in violation of the Unfair Trade Practices and
Consumer Protection Law and the Home Improvement Consumer Protection Act(Cmplt. If 189).
2. Admitted.
3. Admitted in part and denied in part. It is admitted that Plaintiffs contend the
same. It is denied that Plaintiffs' claim for breach of contract is limited to only this contention.
4. It is denied that these are the only contracts alleged. Plaintiffs have alleged
breach of contract for, amongst other things, (1) Jeremy Fuller's incapability of doing the
requested work(Cmplt. ¶ 8); (2) Jeremy Fuller's failure to provide liability insurance that offered
coverage in case there was an issue of quality with the work (Cmplt. ¶ 8); (3) failure of Jeremy
Fuller to personally perform the work (Cmplt.¶ 105); (4) failure to complete the work in a timely
manner(Cmplt. ¶ 103, 110); (5) failure to complete work (Cmplt. ¶ 130); (6) failure to complete
work in a workmanlike manner(Cmplt. If 130); (7) failure to complete the work per Plaintiffs'
specifications (Cmplt. If 129); (8) failure to provide adequate offset of expenses for removed
materials (Cmplt. ¶ 157); etc. For these reasons, it is further denied that Plaintiffs have not
alleged any additional verbal contracts. By way of further answer, Plaintiffs contend that the
quotations do not constitute the entire agreements between the parties (Cmplt. ¶ 163), which is a
violation of the Unfair Trade Practices and Consumer Protection Law and the Home
Improvement Consumer Protection Act (Cmplt. 11189).
5. It is denied that the first cause of action lacks sufficient specificity.
A. It is denied that Plaintiffs' claims are vague and ambiguous; the Complaint
is replete with specific examples of how Defendant failed to adequately complete the
tasks for which he was hired.
B. Admitted.
C. Denied. Aside from it being a matter of semantics whether work
inadequately completed is in fact completed, Plaintiffs specifically allege failure to
complete work(Cmplt. ¶ 130, inter alia).
D. It is denied that Plaintiffs' claims are vague and ambiguous; the Complaint
sets forth at length specifics regarding the claims asserted. The statement in Answer 5C
is incorporated by reference as though set forth fully herein.
6. It is denied that the pleading of the first cause of action is legally insufficient.
A. Admitted in part and denied in part. It is admitted that Plaintiffs claim
what is stated. It is denied that this is the only claim of breach of contracts stated by
Plaintiffs, and Answers 4 and 5C are incorporated by reference as though set forth fully
herein.
B. Denied. Answer 4 is incorporated by reference as though set forth fully
herein.
C. Denied. Aside from it being a matter of semantics whether work
inadequately completed is in fact completed, Plaintiffs specifically allege failure to
complete work(Cmplt. ¶ 130).
D. Denied that the language used is not sufficiently specific. Admitted that
Plaintiffs claim in part that work was not performed to their satisfaction and was not
completed in a workmanlike manner.
E. Denied. Aside from it being a matter of semantics whether work
inadequately completed is in fact completed, Plaintiffs specifically allege failure to
complete work(Cmplt. ¶ 130). Plaintiffs also set forth specific facts related to
incomplete work and other breaches (see, inter alia, Cmplt. ¶¶ 118-19, 131-38, 141-45,
147-51, 153, 156, 158-59).
F. Denied that the claim must be dismissed.
i. Denied. The quotations and invoices state, "We Have the Tools to
do it Right!"
ii. Denied that Plaintiffs do not allege a verbal contract. Plaintiffs
specifically allege verbal contracts (Cmplt. ¶¶ 8, 128-29,163). Plaintiffs would
incorporate by reference Answer 4, above, as set forth fully herein. Furthermore,
it is noted that Plaintiffs contend that the quotations do not constitute the entire
agreements between the parties, in violation of the Unfair Trade Practices and
Consumer Protection Law and the Home Improvement Consumer Protection Act
(Cmplt. ¶ 189).
iii. Denied that there is not an implied warranty of workmanlike
quality in this case. Denied that such claim has not been made—Plaintiffs
reference repeatedly throughout the Complaint issues of craftsmanship and
workmanship.
G. Denied that any of Plaintiffs' claims sound in tort; rather the referenced
claims sound in contract. By way of further answer, Plaintiffs' claims cannot sound in
tort due to the gist of the action doctrine.
COUNT II–VIOLATION OF THE UNFAIR TRADE PRACTICES
AND CONSUMER PROTECTION LAW–73 P.S. § 201-1 et seq.
7. It is admitted that Paragraph 174 of Plaintiffs' Complaint lists seven practices
deemed by the UTPCPL to be unlawful.
8. It is denied that Plaintiffs fail to explain how Defendant's actions constitute the
listed provisions. In addition to the allegations set forth by Plaintiffs in Count II, Plaintiffs
incorporate in Count II Paragraphs 1 through 170 by reference (Cmplt. ¶ 171).
9. Denied in part and admitted in part. It is denied that Plaintiffs fail to allege that
Defendant is not a professional contractor or that he did not have adequate experience to perform
the jobs he was hired to complete. The conduct cited by Plaintiffs throughout their Complaint
supports the idea that Defendant is not a professional contractor and that he lacked adequate
experience to perform the jobs he was hired to complete. Admitted that Plaintiffs also allege that
Defendant performed the jobs in an unworkmanlike manner.
10. Admitted.
11. Denied that the pleading of the second cause of action lacks sufficient specificity.
A. Denied. Paragraph 175, when combined with the paragraphs incorporated
by reference in Paragraph 171 explains why Defendant's conduct constitutes the unlawful
practices cited.
B. Denied. Plaintiffs contend they are entitled to treble damages under 73
P.S. § 201-9-2 because of the violations of the UTPCPL, as set forth in Plaintiff's second
cause of action.
12. Denied that the pleading of the second cause of action is legally insufficient.
A. Denied. Paragraph 175, when combined with the paragraphs incorporated
by reference in Paragraph 171 explains why Defendant's conduct constitutes the unlawful
practices cited.
B. Denied. All unlawful practices cited by Plaintiffs are applicable in light of
the allegations set forth within, or incorporated by reference within,the second cause of
action.
C. Admitted in part and denied in part. It is admitted that Plaintiffs are
asserting a fraud claim, as a fraud claim is set forth at Count IV of the Complaint. It is
denied that the "catch-all provision of the UTPCPL" cited by Defendant requires
Plaintiffs to plead and prove all the elements of common law fraud. However, it is
denied that Plaintiffs have failed to plead all the elements of common law fraud in both
Count II and Count IV, even if the said"catch-all provision of the UTPCPL" requires
Plaintiffs to plead all the elements of common law fraud.
D. Denied that Plaintiffs have not sufficiently pleaded a common law fraud
claim in both Counts II and IV.
COUNT III—VIOLATION OF THE HOME IMPROVEMENT
CONSUMER PROTECTION ACT—73 P.S. 4 517.1 et seq.
13. Admitted in part and denied in part. It is admitted that Plaintiffs contend that
some, if not all, of Defendants' violations of the HICPA rise to the level of fraud anticipated by
the UTPCPL. It is denied that violations of HICPA must rise to the level of fraud in order to be
brought as a claim under the UTPCPL. It is denied that the "catch-all provision of the UTPCPL"
cited by Defendant requires Plaintiffs to plead and prove all the elements of common law fraud.
However, it is denied that Plaintiffs have failed to plead all the elements of common law fraud in
both Count II and Count IV, even if the said "catch-all provision of the UTPCPL"requires
Plaintiffs to plead all the elements of common law fraud.
14. Denied that the pleading of the third cause of action is legally insufficient.
A. It is denied that the HICPA does not contain a cause of action.
i. Admitted in part and denied in part. It is admitted that the law
states what is quoted. It is admitted that the cited provision, in part, limits a
contractor's recovery rights against an owner. It is denied that this provision has
no relevance in this suit. It is denied that the complaints in Paragraphs 184-202
are irrelevant and do not form the basis for a claim.
ii. Admitted in part and denied in part. It is admitted that 73 P.S. §
517.8 is in part a penal provision. It is denied that the same provision does not
create a civil cause of action.
iii. Admitted.
B. Admitted.
C. Denied. By way of further answer, Count III includes several paragraphs
in support of the cause of action and also incorporates paragraphs 1 through 177 by
reference (Cmplt. ¶ 178).
D. Denied. Plaintiffs have alleged breach of contract for, amongst other
things, (1) Jeremy Fuller's incapability of doing the requested work(Cmplt. 118); (2)
failure to complete work (Cmplt. 11130); (3) failure to complete work in a workmanlike
manner(Cmplt. If 130); (4) failure to complete the work per Plaintiffs' specifications
(Cmplt. 11129). By way of further answer, several quotations and invoices contained
written plans and specifications, and Plaintiffs also provided additional verbal directions.
Whether additional written plans exist is in part an issue that shall be addressed during
the discovery process. It is noted that Plaintiffs contend that the quotations do not
constitute the entire agreements between the parties, in violation of the Unfair Trade
Practices and Consumer Protection Law and the Home Improvement Consumer
Protection Act(Cmplt. ¶ 189).
E. Denied. The Complaint is replete with comparisons of contract prices,
quotations and deposits. To the extent that Defendant is requesting a breakdown of the
cost of particular materials, that information will be properly addressed by discovery as
the information regarding specific materials lies with Defendant.
F. Admitted in part and denied in part. It is admitted that Plaintiffs assert,
inter alia, a fraud claim under the UTPCPL; however, it is denied that Plaintiffs' claim is
limited to fraud, and it is further denied that the "catch-all provision of the UTPCPL"
requires Plaintiffs to plead and prove all the elements of common law fraud.
G. Denied. By way of further answer, Plaintiffs' Answers set forth below are
incorporated by reference as set forth fully herein.
COUNT IV—FRAUD
15. Admitted in part and denied in part. Admitted that 73 P.S. § 517.8 is in part a
penal statute. Denied that 73 P.S. § 517.8 is limited to being a penal statute.
16. Admitted.
17. Denied that the pleading of the fourth cause of action is legally insufficient.
A. Denied. The cited statute anticipates the elements of a common law fraud
cause of action. By way of further answer, Count IV is not limited to defining fraud
through 73 P.S. § 517.8, as Plaintiffs specifically set forth the elements required for
common law fraud.
B. Admitted in part and denied in
part. It is admitted that Count IV is a claim
for common law fraud that finds support in the language of the definition of Home
Improvement Fraud. Denied that the statute's provisions do not anticipate the elements
required for common law fraud.
C. Admitted that these are the elements of common law fraud.
D. Denied. Count IV sets forth several allegations but also incorporates by
reference all paragraphs preceding it (Cmplt. 11204), including but not limited to the
allegations set forth at Paragraphs 8 (Jeremy Fuller's representation that he was capable
of doing the work and that he carried liability insurance in case there would be a problem
with the quality of his work), 18-19 (charging for the pergola that was never built), 65-67
(fraudulent price increases), 105 (Jeremy Fuller's representation that he would personally
perform the work), 108-110 (setting forth the delay in time, which is part of the
representation that the work would be done in a professional manner), 129
(representations by Jeremy Fuller that he would fix everything to Plaintiffs'
specifications before the jobs were completed), 139-40 (fraudulent mark-up of material
costs); 160 (Jeremy Fuller knowingly hiring inadequate assistants); 167 and 100-01
(double-billing of Jeremy Fuller).
E. It is denied that Count IV is not legally sufficient. It is denied that
Plaintiffs have failed to allege the elements of common law fraud. Denied that Plaintiffs
have failed to allege that the representations made by Defendant were false.
WHEREFORE, Plaintiffs respectfully request that this Court (1) overrule the Preliminary
Objections of Defendant and direct Defendant to answer the Complaint; or(2) in the alternative,
permit Plaintiffs to amend their Complaint.
Respectfully submitted,
BARIC SCHERER LLC
February 24, 2014
Bret P. Sha`er, Esquire
Attorney ID No. 309180
19 W. South Street
Carlisle, PA 17013
(717) 249-6873
(717) 249-5755 FAX
Attorney for Plaintiffs
TIMOTHY I. FULLER and : IN THE COURT OF COMMON PLEAS OF
TONDA S. FULLER, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
•
v. : CIVIL ACTION - LAW
JEREMY FULLER d/b/a FULLER'S : No. 13-7420
HANDYMAN SERVICE,
•
Defendant
CERTIFICATE OF SERVICE
I hereby certify that on February 24, 2014, I, Bret P. Shaffer,Esquire of Bark Scherer
LLC, did serve a copy of the foregoing Plaintiffs' Answer to the Preliminary Objections of
Defendant by first class U.S. mail,postage prepaid, on the following parties:
Jennifer P. Wilson, Esquire
227 N. High St., P.O. Box 116
Duncannon,PA 17020
Attorney for Defendant
BARIC SCHERER LLC
/
et P. haf er, Esquire
Attorney ID No. 309180
19 W. South Street
Carlisle, PA 17013
(717) 249-6873
(717) 249-5755 FAX
Attorney for Plaintiffs
TIMOTHY I. FULLER AND
TONDA S. FULLER,
PLAINTIFFS
V.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
JEREMY FULLER D/B/A FULLER'S
HANDYMAN SERVICE,
DEFENDANT : NO. 13-7420 CIVIL
IN RE: DEFENDANT'S PRELIMINARY OBJECTIONS
BEFORE HESS, P.J., EBERT, J., AND PECK, J.
ORDER OF COURT
AND NOW, this 14th day of May, 2014, upon consideration of the Defendant's
Preliminary Objections, the Plaintiffs' Answer thereto, the briefs filed by the parties, a
complete review of the Plaintiffs' Complaint in this matter and after oral argument;
IT IS HEREBY ORDERED AND DIRECTED that the Defendant's Preliminary
Objections are OVERRULED. Defendant is directed to file an Answer to the Complaint
within 20 days of the date of this Order.
By the Court,
Bret P. Shaffer, Esquire
Attorney for Plaintiffs
Jennifer P. Wilson, Esquire
Attorney for Defendant
bas
e0p1i Fs r .11L..
5/1/4/M
TIMOTHY I. FULLER and IN THE COURT OF COMMON PLEAS
TONDA S. FULLER, OF CUMBERLAND COUNTY,
Plaintiffs PENNSYLVANIA
vs. CIVIL ACTION - LAW
JEREMY FULLER d/b/a FULLER'S No. 13-7420
HANDYMAN SERVICE,
Defendant JURY TRIAL DEMANDED
ANSWER
COMES NOW, the Defendant, by and through his attorney Jennifer P. Wilson, and
answers Plaintiffs' Complaint as follows:
1. Admitted.
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2. Admitted. �=
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3. Admitted.77. m
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4. Admitted. c ,
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5. Admitted. r `'
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6. Admitted.
7. Admitted.
8. Admitted in part; denied in part. Defendant specifically denies that he told
Plaintiffs that his insurance coverage would apply if there was a problem with
the quality of his work.
9. Admitted.
10. Admitted.
11. Defendant lacks knowledge or information sufficient to form a belief as to the
truth of the allegations in this Paragraph.
12. Defendant lacks knowledge or information sufficient to form a belief as to the
truth of the allegations in this Paragraph.
13. Admitted.
14. Admitted in part; denied in part. Defendant avers that Exhibit A is the best
evidence as to what is stated, and the exhibit speaks for itself.
15. Admitted.
16. Admitted.
17. Admitted.
18. Denied.
19. Denied.
20. Denied.
21. Denied. Defendant states that he had discussions and negotiations with
Plaintiffs throughout the construction process and he may have taken notes at
various times.
22. Admitted. Defendant states that he was obligated to deviate from the stair
spacingrequested in order to make the stairs comply with the building code.
23. Defendant lacks knowledge or information sufficient to form a belief as to the
truth of the allegations in this Paragraph.
24. Defendant lacks knowledge or information sufficient to form a belief as to the
truth of the allegations in this Paragraph.
25. Defendant lacks knowledge or information sufficient to form a belief as to the
truth of the allegations in this Paragraph.
26. Defendant lacks knowledge or information sufficient to form a belief as to the
truth of the allegations in this Paragraph.
27. Admitted in part; denied in part. Defendant admits that Plaintiffs told him some
things about their physical problems, but otherwise denies the allegations in this
Complaint. Defendant lacks knowledge or information sufficient to form a
belief as to the truth of the allegations in this Paragraph with respect to
Plaintiffs' intentions.
28. Defendant lacks knowledge or information sufficient to form a belief as to the
truth of the allegations in this Paragraph with respect to Plaintiffs' intentions.
29. Admitted.
30. Denied.
31. Denied.
32. Denied. Defendant avers that Exhibit B is the best evidence as to what is stated,
and the exhibit speaks for itself.
33. Admitted.
34. Admitted.
35. Denied.
36. Defendant lacks knowledge or information sufficient to form a belief as to the
truth of the allegations in this Paragraph.
37. Defendant lacks knowledge or information sufficient to form a belief as to the
truth of the allegations in this Paragraph.
38. Defendant lacks knowledge or information sufficient to form a belief as to the
truth of the allegations in this Paragraph.
39. Defendant lacks knowledge or information sufficient to form a belief as to the
truth of the allegations in this Paragraph.
40. Defendant lacks knowledge or information sufficient to form a belief as to the
truth of the allegations in this Paragraph. Defendant avers that Tim Fuller
helped run the post hole digger to dig the holes for the deck.
41. Admitted.
42. Denied. Defendant avers that he had discussions and negotiations with Tim
Fuller about deck railing and the final decision to install the railing as it is was
agreed upon by Tim Fuller.
43. Denied.
44. Defendant lacks knowledge or information sufficient to form a belief as to the
truth of the allegations in this Paragraph.
45. Admitted.
46. Admitted.
47. Admitted in part; denied in part. Defendant avers that Exhibit C is the best
evidence as to what is stated, and the exhibit speaks for itself.
48. Admitted.
49. Admitted.
50. Admitted.
51. Admitted.
52. Admitted.
53. Admitted.
54. Admitted.
55. Admitted.
56. Admitted.
57. Admitted in part; denied in part. Defendant avers that the September 28, 2010,
quotations provided estimates for doing less work than was originally
contemplated in the September 1, 2010, quotations.
58. Defendant lacks knowledge or information sufficient to form a belief as to the
truth of the allegations in this Paragraph.
59. Admitted.
60. Admitted.
61. Admitted in part; denied in part. Defendant avers that Exhibit F is the best
evidence as to what is stated, and the exhibit speaks for itself.
62. Admitted.
63. Admitted.
64. Admitted.
65. Admitted.
66. Admitted.
67. Admitted.
68. Admitted.
69. Admitted.
70. Admitted.
71. Admitted.
72. Defendant lacks knowledge or information sufficient to form a belief as to the
truth of the allegations in this Paragraph regarding Plaintiffs' assumptions.
73. Admitted.
74. Admitted.
75. Admitted.
76. Admitted.
77. Admitted.
78. Admitted.
79. Admitted.
80. Denied.
81. Admitted.
82. Denied.
83. Admitted that there is a math error on the invoice, but denied that Plaintiffs
overpaid.
84. Admitted.
85. Admitted.
86. Admitted.
87. Denied.
88. Admitted.
89. Denied.
90. Admitted.
91. Admitted. Defendant avers that there is a notation on Exhibit N stating "pd in
full included in #394," which appears to be a reference to the payment made
with respect to Exhibit M.
92. Admitted.
93. Admitted.
94. Admitted in part; denied in part. Defendant avers that Exhibit 0 is the best
evidence as to what is stated, and the exhibit speaks for itself.
95. Admitted.
96. Admitted.
97. Admitted.
98. Admitted.
99. Admitted.
100. Denied.
101. Denied.
102. Admitted in part; denied in part. Admitted that the difference between the two
quotation amounts and the deposit is $2,204.80, but otherwise denied.
103. Denied.
104. Defendant lacks knowledge or information sufficient to form a belief as to the
truth of the allegations in this Paragraph.
105. Admitted in part; Denied in part. Defendant admits that he hired subcontractors
and/or employees, and otherwise denies the allegations in this Paragraph.
106. Denied.
107. Defendant lacks knowledge or information sufficient to form a belief as to the
truth of the allegations in this Paragraph with respect to Plaintiffs' knowledge.
However, Defendant avers that the individuals who worked on Plaintiffs'
residence were subcontractors.
108. Admitted.
109. Admitted.
110. Admitted in part; denied in part. Admitted that the replacement siding was
installed in April, 2011, but otherwise denied. Defendant lacks knowledge or
information sufficient to form a belief as to the truth of the allegations in this
Paragraph with respect to Plaintiffs' heating costs, and demands proof thereof.
111. Defendant lacks knowledge or information sufficient to form a belief as to the
truth of the allegations in this Paragraph with respect to Plaintiffs' heating costs,
and demands proof thereof.
112. Admitted.
113. Admitted.
114. Admitted in part; denied part. Admitted that the invoice was for the work
described in Exhibit R, but denied that the work was required to remediate any
issue with the original deck construction.
115. Admitted.
116. Admitted.
117. Admitted.
118. Denied.
119. Denied.
120. Admitted.
121. Admitted.
122. Admitted.
123. Admitted.
124. Admitted.
125. Admitted.
126. Admitted.
127. Defendant lacks knowledge or information sufficient to form a belief as to the
truth of the allegations in this Paragraph.
128. Denied.
129. Admitted in part; denied in part. Defendant avers that the written statement in
the quotations speaks for itself, and that Plaintiffs were uncooperative and
violent toward him at the end of the job, and Defendant was not allowed to
return to Plaintiffs' property.
130. Denied.
131. Denied.
132. Denied.
133. Denied.
134. Denied.
135. Denied.
136. Denied.
137. Denied.
138. Admitted in part; denied in part. Admitted that the quotations indicated that
grids were an option, but denied that grids were paid for, because Plaintiffs did
not select grids.
139. Defendant lacks knowledge or information sufficient to form a belief as to the
truth of the allegations in this Paragraph.
140. No response is required because this Paragraph contains a statement of opinion.
141. Denied.
142. Denied. Defendant avers that the windows were vinyl, and did not require
varnishing, but Tonda Fuller asked Defendant about varnishing the window
casings, which was not included in the pricing.
143. Denied. However, Defendant lacks knowledge or information sufficient to form
a belief as to the truth of the allegations in this Paragraph with respect to
Plaintiffs' payment of another entity.
144. Denied.
145. Denied.
146. Defendant lacks knowledge or information sufficient to form a belief as to the
truth of the allegations in this Paragraph.
147. Defendant lacks knowledge or information sufficient to form a belief as to the
truth of the allegation in this Paragraph that, at present, the electric meter is
falling off the house. Defendant avers that he and his subcontractors did not
remove the electric meter at any time.
148. Denied.
149. Denied.
150. Denied.
151. Denied.
152. Defendant lacks knowledge or information sufficient to form a belief as to the
truth of the allegations in this Paragraph.
153. Denied.
154. Denied.
155. Defendant lacks knowledge or information sufficient to form a belief as to the
truth of the allegations in this Paragraph.
156. Denied.
157. Denied.
158. Admitted that Defendant hired a subcontractor to install gutters; denied that
Plaintiffs did not give permission.
159. Defendant lacks knowledge or information sufficient to form a belief as to the
truth of the allegations in this Paragraph.
160. Denied.
COUNT I - BREACH OF CONTRACT
161. No response required.
162. Admitted.
163. Denied.
164. Denied.
165. Denied.
166. Admitted.
167. Denied.
168. Denied.
169. Admitted that the arithmetic used by Plaintiffs is correct; otherwise denied.
170. Denied.
COUNT II - VIOLATION OF THE UNFAIR TRADE PRACTICES AND CONSUMER
PROTECTION LAW - 73 P.S. § 201-1 et seq.
171. No response required.
172-174. No response required as these Paragraphs contain only statements of law
and not fact.
175. Admitted.
176. Denied.
177. Denied.
COUNT III - VIOLATION OF THE HOME IMPROVEMENT CONSUMER
PROTECTION ACT - 73 P.S. § 517.1 et seq.
178. No response required.
179-185. No response required as these Paragraphs contain only statements of law
and not fact.
186. Admitted.
187. Denied.
188. Denied.
189-190. No response required as these Paragraphs contain only statements of law
and not fact.
191. Admitted.
192-193. No response required as these Paragraphs contain only statements of law
and not fact.
194. Admitted.
195. No response required as these Paragraphs contain only statements of law and not
fact.
196. Admitted.
197. No response required as this Paragraph contains only statements of law and not
fact.
198. Admitted.
199. No response required as this Paragraph contains only statements of law and not
fact.
200. Admitted.
201-203. No response required as these Paragraphs contain only statements of law
and not fact.
COUNT IV - FRAUD
204. No response required.
205. No response required as this Paragraph contains only statements of law and not
fact.
206. Admitted in part; denied in part. Defendant avers that the written statement in
the quotations speaks for itself, and that Defendant did not make any verbal
representations in this regard.
207. Denied.
208. Denied.
209. Denied.
WHEREFORE, Defendant respectfully demands judgment in his favor, and for such
other relief as the court may deem appropriate.
May 30, 2014
cc: Bret P. Shaffer, Esquire
Respectfully submitted,
Je rifer P. Wilson, Esquire
2 / N. High St., P.O. Box 116
D ncannon, PA 17020
717-834-3087 - phone
717-834-5437 - fax
Attorney for Defendant
I verify that the statements made in the foregoing document are true and correct to my
best personal knowledge, understanding, information and belief. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn
falsification to authorities.