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HomeMy WebLinkAbout14-5461 Supreme Couri-of Pennsylvania Courr6o0frEdinmon Pleas For Prothonotary Use Only: CwilCo er>Sheet Docket No: Cum�b land' J t County /L�- 11 The information collected on this form is used soleh,•jor court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court. Commencement of Action: S 0 Complaint M Writ of Summons El Petition E Transfer from Another Jurisdiction E] Declaration of Taking C Lead Plaintiff's Name: Lead Defendant's Name: T Floyd E. Morrison John Osborn Dollar Amount Requested: Owithin arbitration limits I Are money damages requested? IX Yes No O (check one) outside arbitration limits N Is this a Class Action Suit? ❑Yes 0 No Is this an MDJAppeal? E] Yes !X No A Name of Plaintiff/Appellant's Attorney: Christopher E. Rice, Esquire [] Check Dere if'you have no attorney(are aSelf-Reliresented (I'ro Sed I..itigant) 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 El Intentional Il Buyer Plaintiff Administrative Agencies Malicious Prosecution Q Debt Collection: Credit Card � � Board of Assessment 17 Motor Vehicle Debt Collection: Other Board of Elections n Nuisance El Dept. of Transportation S E] Premises Liability El Statutory Appeal: Other Product Liability(does not include Emass tort) E] Employment Dispute: Q Slander/Libel/Defamation Discrimination C 0 Other: 0 Employment Dispute: Other i`! Zoning Board T El Other: I 0 Other: O MASS TORT Violation of Home Improvepf Q Asbestos Consumer Protection Act N E] Tobacco 0 Toxic Tort-DES Q Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS Toxic Waste Other: 0 Ejectment Ej Common Law/Statutory Arbitration B 0 Eminent Domain/Condemnation 0 Declaratory Judgment IF Ground Rent 0 Mandamus El Landlord/Tenant Dispute 0 Non-Domestic Relations PROFESSIONAL LIABILITYEl Mortgage Foreclosure: Residential Restraining Order El Mortgage Foreclosure: Commercial 0 Quo Warranto 0 Dental El Partition El Replevin Legal ] Quiet Title El Other: Medical E] Other: 0 Other Professional: Updated 1/1/2011 Christopher E. Rice, Esquire I.D. No. 90916 L'1(�- SES' 16 Aid 8: 2? Aaron S. Haynes, Esquire :� St�Ll( COUNTYI.D.No. 307746 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER PENNSYLVANIA MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiffs Floyd E. Morrison and Roma E. Morrison FLOYD E. MORRISON and ROMA E. : IN THE COURT OF COMMON PLEAS MORRISON, HUSBAND AND WIFE, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. NO. 2014 - S�G� CIVIL TERM JOHN OSBORN AND MARCIA OSBORN,: d/b/a OSBORN RENOVATIONS, Defendants NOTICE 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 Plaintiffs. 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 REDUCE FEE OR NO FEE: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 C(5) it l a-7 Christopher E. Rice, Esquire I.D. No. 90916 Aaron S. Haynes, Esquire I.D. No. 307746 MARTSON DEARDORFF WILLIAMS OTTO GILROY& FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiffs Floyd E. Morrison and Roma E. Morrison FLOYD E. MORRISON and ROMA E. : IN THE COURT OF COMMON PLEAS MORRISON, HUSBAND AND WIFE, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs ; V. NO. 2014 - J 7 61 CIVIL TERM JOHN OSBORN AND MARCIA OSBORN,: d/b/a OSBORN RENOVATIONS, Defendants COMPLAINT AND NOW comes Plaintiffs, Floyd E. Morrison and Roma E. Morrison, by and through their attorneys, MARTSON LAW OFFICES, and hereby avers the following: 1. Plaintiffs, Floyd E. Morrison and Roma E. Morrison, husband and wife (hereinafter "Plaintiffs"), are adult individuals whose place of residence is 174 East South Street, Carlisle, Pennsylvania, 17013. 2. Defendants, John Osborn and Marcia Osborn, husband and wife, together doing business as Osborn Renovations (hereinafter "Defendants") are registered contractors located at 1212 Dickinson Drive, Carlisle, Pennsylvania 17013. 3. Plaintiffs own properties located at 174 East South Street, and 178 East South Street, Carlisle, Pennsylvania 17013 (hereinafter "Properties"). l 4. On January 22, 2013, and May 20, 2013, Plaintiffs entered into various contracts, both signed and verbal, with Defendants for renovations on the Properties (collectively the "Contracts"), respectively. True and correct copies of the Contracts are attached hereto as Exhibit"A". 5. The renovations agreed upon were for the Properties, and one of the Properties was Plaintiffs' personal residence. 6. Defendants began work on the Properties on or about January 22, 2013. 7. The Contracts included the job detail that needed to be completed, the prices of each product used, the cost of the work performed, and the total cost of the job. 8. The Contracts entered into were agreed upon verbally by the parties and work was performed that signified the Contracts were controlling. 9. The Contracts were marked by Defendants to indicate what Plaintiffs paid. 10. To date, Plaintiffs have paid over $57,100.00 for the renovation of the Properties. 11. Defendants, however, have not adequately performed under the Contracts. 12. Defendants installations and renovations have caused or created damages to the Properties. 13. The damages to the Properties include, but are not limited to: a. damage to metal roofs installed on both properties; b. leaks throughout each property; c. uncaulked siding; d. cracked kitchen door window; C. mold accumulating in the attic and on the roof, f. kitchen floor not level; g. two torn window screens; and h. kitchen and back porch 18 inches too narrow at 178 East South Street, Carlisle, Pennsylvania 17013; 14. Plaintiffs have notified Defendants of all issues with the renovations made to the Properties. 15. Defendants have made minimal corrections and repairs and have refused to return to the Properties. COUNT I - BREACH OF CONTRACT 16. Paragraphs 1 through 15 are incorporated herein by reference as if fully set forth herein. 17. Plaintiffs entered into the Contracts with Defendants to renovate the Properties owned by Plaintiffs. 18. Defendants have not completed the work outlined in the Contracts provided to Plaintiffs. 19. Work that has been performed is inadequate, with several aspects of the renovations incomplete, damaged, or not crafted to the specifications agreed to in the Contracts. WHEREFORE, Plaintiffs, Floyd E. Morrison and Roma E. Morrison, demand judgment against Defendants for their breach of contract, in the amount not in excess of$57,100.00, as well as specific performance of the Contracts. COUNT II—UNJUST ENRICHMENT 20. Paragraphs 1 through 19 are incorporated herein by reference as if fully set forth herein. 21. In the alternative to Count I, Defendants have been unjustly enriched. 22. Plaintiffs conferred upon Defendants compensation for renovation to the Properties. 23. Defendants accepted payment from Plaintiffs. 24. Defendants failed to provide the services and materials that were equivalent to the payment by Plaintiffs, and Defendants accepted monies from Plaintiffs without providing the materials and services that were due. 25. Defendants received payment that was greater than the work performed. WHEREFORE Plaintiffs, Floyd E. Morrison and Roma E. Morrison, demand judgment against Defendants for unjust enrichment in the amount not in excess of $57,100.00, as well as specific performance of the Contracts. COUNT III—VIOLATIONS OF THE HOME IMPROVEMENT CONSUMER PROTECTION ACT 26. Paragraphs 1 through 25 are incorporated herein by reference as if fully set forth herein. 27. Defendants are "contractors" pursuant to the Home Improvement Consumer Protection Act ("HICPA"), and therefore subject to HICPA as persons who own and operate a home improvement business of who undertakes, offers to undertake or agrees to perform any home improvement according to HICPA. 28. Plaintiffs are "owners" pursuant to HICPA as they are the owners of a private residence and persons entitled to performance of the work of a contractor pursuant to a home improvement contract. 29. Pursuant to 73 P.S. §517.7(a) Home Improvement contracts — Requirements, no improvement contract shall be valid or enforceable against an owner unless it, inter alia: a. Contains the entire agreement between the owner and the contractor, including attached copies of all required notices (73 P.S. §517.7(x)(3))• b. Contains an indication that contractor agrees to maintain liability insurance covering personal injury in an amount not less than $50,000.00 and insurance covering property damage caused by the work of a home improvement contractor in an amount not less than $50,000.00 and identifies the current amount of insurance coverage maintained at the time of the signing of the contract (73 P.S. §517.7(a)(11); and C. Contains a notice of the right of rescission(73 P.S. §517.7(b)). 30. Defendants violated HICPA by: a. not containing the entire agreement between the owner and the contractor in violation of 73 P.S. §517.7(a)(3); b. Defendants did not attach copies of all required notices to the Contracts in violation of 73 P.S. §517.7(a)(3); C. The Contracts did not contain an indication that Defendants agreed to maintain liability insurance covering personal injury in an amount not less than $50,000.00 and insurance covering property damage caused by the work of a home improvement contractor in an amount not less than $50,000.00, and the Contracts did not identify the current amount of insurance maintained at the time of signing the Contracts in violation of 73 P.S. §517.7(a)(11); and d. The Contracts did not contain a notice of the right of rescission in violation of 73 P.S. §517.7(b). 31. HICPA further prohibits a contractor to "abandon or fail to perform, without justification, any home improvement contract or project engaged in or undertaken by a contractor." 73 P.S. §517.9(5). 32. Defendants failed to perform under the Contracts entered into with Plaintiffs by failing to make all necessary repairs or complete all unfinished work to the Properties. WHEREFORE Plaintiffs, Floyd E. Morrison and Roma E. Morrison, demand judgment against Defendants for violations under the Home Improvement Consumer Protection Act in the amount not in excess of$57,100, together with legal fees, associated costs of suit, punitive damages, as well as specific performance of the Contracts. COUNT IV—VIOLATIONS OF THE UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW 33. Paragraphs 1 through 32 are incorporated herein by reference as if fully set forth herein. 34. Pursuant to HICPA 73 P.S. §517.10, a violation of any of the provisions of HICPA shall be deemed a violation of the Unfair Trade Practices and Consumer Protection Law("UTPCPL"). 35. The UTPCPL provides a right of private action for anyone who "suffers any ascertainable loss of money or property as a result of an unlawful method, act or practice. 73 P.S. §201-9.2(a). 36. 73 P.S. §201-2(4) lists twenty enumerated practices, which constitute actionable "unfair methods of competition"or"unfair or deceptive acts, or practices." 73 P.S. § 201-2(4)(i)—(xx). 37. 73 P.S. §201-2(4)(xvi) delineates those persons "making repairs, improvements or replacements on tangible, real or personal property, of a nature or quality inferior to or below the standard of that agreed to in writing" are in violation of the UTPCPL. 38. Defendants used improper materials during the renovation process on the Properties, and represented their work was of the quality set forth in the Contracts. 39. Defendants renovations were below the standard agreed upon in the Contracts signed by Plaintiffs and Defendants. 40. Upon a finding of liability, the court has the discretion to award "up to three times the actual damages sustained" and provide any additional relief the court deems proper. 73 P.S. § 201- 9.2(a). WHEREFORE Plaintiffs, Floyd E. Morrison and Roma E. Morrison, demand judgment against Defendants for violations under the UTPCPL for treble damages in the amount not in excess of $171,300.00, together with legal fees, associated costs of suit, punitive damages, as well as specific performance of the Contracts. COUNT V—NEGLIGENT MISREPRESENTATION 41. Paragraphs 1 through 40 are incorporated herein by reference as if fully set forth herein. 42. In the alternative, if Defendants did not knowingly intend to misrepresent their intention to operate under the Contracts, Plaintiffs seek damages under negligent misrepresentation. 43. Defendants promised to perform the renovations set forth under the Contracts. 44. Defendants did not perform as stated under the Contracts. 45. Plaintiffs, based upon the Defendants' representations to perform the contracted-upon work, compensated Defendants for the agreed-upon work. 46. Defendants caused injury to Plaintiffs by failing to perform work under the Contracts, and by doing work that was not suitable under the Contracts, for which the Plaintiffs paid for. WHEREFORE Plaintiffs, Floyd E. Morrison and Roma E. Morrison, demand judgment against Defendants for negligent misrepresentation for damages in the amount not in excess of $57,100.00, together with legal fees, associated costs of suit, punitive damages, as well as specific performance of the Contracts. COUNT VI—BREACH OF IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS 47. Paragraphs 1 through 46 are incorporated herein by reference as if fully set forth herein. 48. As aforesaid, Plaintiffs entered into the Contracts with Defendants to perform renovations on the Properties. 49. At the time of entering into the Contracts, Defendants were in the business of home renovations and made various implied warranties as to the final product, i.e. the renovations. Defendants were aware of the renovations' intended and ordinary use and Plaintiffs were justified in expecting a minimum level of quality, workmanship, and completeness of the construction of the renovations, free of defects. 50. Plaintiffs relied upon the skill and judgment of the Defendants in entering into the Contracts. 51. Defendants breached their implied duty of merchantability and fitness because Defendants' construction and installations were faulty, and improper, and have caused or created damage to the Properties. 52. Plaintiffs gave reasonable and adequate notice to Defendants of the aforesaid breach of warranty, but Defendants failed to cure the numerous issues. 53. As a direct and proximate result of Defendants' breach of warranty, Plaintiff's sustained damages to the existing property. WHEREFORE, Plaintiffs, Floyd E. Morrison and Roma E. Morrison, demand judgment against Defendants for their breach of implied warranty of merchantability and fitness in the amount not in excess of $57,100.00, together with legal fees, associated costs of suit, punitive damages, as well as specific performance of the Contracts. MARTSON LAW OFFICES By: Christopher E. Rice, Esquire I.D. No. 90916 Aaron S. Haynes, Esquire I.D. No. 307746 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Date: Attorneys for Plaintiffs EXHIBIT "A" SBORN RENOVATIONS CONTRACT Making a Difference Every Day...Offering l-lorlesty, Quality & YUYorciability (717) 701 - 5458/ (717) 386 - 0985 John Osborn/Marcia Osborn 1212 Dickinson Dr., Carlisle, Pa. 17015 iohnosbornl0@yahoo com Contractor#: PA080439 Licensed and Insured Client Name: Floyd Morrison Address:178 E. South St., Carlisle, Pa. 17013 Phone: 717-243-5058 Job Details: TRIMPACKAGEFOR HOUSE I. Pack and trim out a#windows all floors ofhome 2. 2'd floor and attic area room doors and trim insta#ed. 3. Closet's to have shelvinginstalled 4. Baseboard trim installed though out second floor area S. Trim and install stauwayrarlmg 6. Irstfloorarea windows packed and trimmed 7. Baseboard install through out lrstfloor 8. Specialty doorinstalled to utility bath area (bar type swing doors) 9. Mahogany wood doors matching or{grnal doors with thermal glass insta#ed to front and kitchen entrance ways 10. Wood trim package for through ways in living and dmwg room area as discussed by customer. Trim to be stained and shelves install. IL Wayne coating bead board installed in kitchen area on wall area bykrtchen door to utility door area and stained 12.Krtchen cabmetr installed and crown trim molding to cahmeta installed 13. Back splash 112445078 installed between counter tops and upper cabmets installed 14 Clean up and remove debris from job site IS.Trim package and flooringpackage and paintrngpackage all coanside with each other. Projected time for completion of all 3 projects together is 5-6 weeks Total Cost of Job. 16,940 Deposit to start: $5700 tI C After kitchen installed: $5700 Upon completion: $'5510 OSBORNRF.NOVATIONS ,john Osborn 5/20/2013 Customer ' h!� 1 ` Y SBORN RENOVATIONS Making a Diflercrice Every Day...Offering Honesty, Quality & A.flordability Client Name: Floyd Morrison Address: 178 E South St. , Carlisle , Pa. 17013 Phone: 717-243-5058 Email: .job Details: SIDINC RF.MO UAL AND REPLACEMENT y1,MHARDEEPLANK BOARD ONFRONTAND SIDE OFHOUSE TO PORCHAREA L Remove old aluminum siding and install Tyvek house wrap 1000 sq. ft 2. Side ofhome roofeaves wrapped m coil stock m musket brown a Prep area and scaffold and plank forunstall 4 Sjdmg offront ofhouse m har dyplank board and corners m Azek trim and painted S. Siding ofside ofhouse m Hardyplank board and corners m Azek trim and painted 6 Caulk and touch up paint to siding 7 Clean up job site and remove debris from job site Material cost x'46000 equipment and dumpster x'1000 Labor. $5000 Approximate time ofcompletion 2weeks Total job cost $10,000 r111is estimate is based oil siding of part of whole job. ,john Osborn OSBORN RENOVATIONS SBORN PvENOVATIONS CONTRACT Making a Difference Evciy Day...Offering Honesty, Quality & Affordability (717) 701 - 5458/ (717) 386 - 0985 John Osborn/Marcia Osborn 1212 Dickinson Dr. Carlisle, Pa. 17013 johnosbornl0@yahoo.com Contractor#: PA080439 Client Name: Floyd Morrison Address: 178 E. South St., Carlisle, Pa. Phone: 717-243-5058 .,fob Detail.•REPLACESIDING AND WRAP UWVDOWSIN COIL STOCK 1. Remove old damaged sidingfrom rear upperpart ofbome 400 sq. A 2. Install tyvek wrap to house 3. Install new siding to mar upper and lower part ofbome 4 Install coil stock wraparound window androofeave S. Clean up and mmove debris Total cost ofjoh.$2500 Contractorslguatrniz-,John Osborn 08/06/2013 OSBORIVREIVOVATIONS Home Owner SBORN RENOVATIONS CONTRACT Making a Difference Every Day...Offering Honesty, Quality & Affordability (717) 701 - 5458/ (717) 386 - 0985 John Osborn/Marcia Osborn 1212 Dickinson Dr., Carlisle, Pa. 17015 johnosbornIQ@yahoo.com Contractor#: PA080439 Licensed and Insured Client Name: Floyd Morrison Address: 178 E South St , Carlisle , Pa. 17013 Phone: 717-243-5058 Email: .job Details: Complete outside painw,,Ft&gz porch egmpletion,concrete parchm� 1. Scrape concrete walls and stairway,parch walls and stairway,prime paint and paint. 2. Scrape front upper wood work and caulk and prune, Paint(2)coats all exposed wood. 3. Paint new wmdowtreatments and sills 4 Build front door header and 12"overhand m Azek,prime acrd paint 5. Install Mahogany front door and Kitchen door and install thermal glass inserts and Paint outside to match window trim. 6 Complete side porch with Azek porch wrap and coil stock(white),vinyl white solrt on porch ceiling. 7. Side ofhome roofeaves wrapped rn coil stock in musket brown 8 Siding offront ofhouse in hardy plank board and corners in Azek trim and painted 9. Siding ofside ofhouse,6u Hardyplank board 10 Tnm out rear windows upper and lower and rnstaff j channel to rear ofhouse I LInstaU vinyl siding to rear ofhouse. 12 Caulk and clean up job site for outside completion Approxrnate lune ofcompletion 5 weeks 3-5men r / q Total Cost of Job: Upon signing. $9000 Week 2 $400 Week 3 $4$00 Week 4 $4600 /1 Week 5 $4400 -7//,1 OSBORNRENOVATIO S John Osborn 06/22/2013 Customer QSBORN RENOVATIONS CONTRACT Making a Difference Every Day...Offering Honesty, (duality & flffordabi lrry (717) 701 - 5458/ (717) 386 - 0985 John Osborn/Marcia Osborn 1212 Dickinson Dr. Carlisle, Pa. 17015 .iohnosbornl0@Yahoo com Contractor#: PA0804W Licensed and Insured Client Name: Floyd Morrison Address: 178 E. South St., Carlisle, Pa. 17013 Phone: 717=258=5053 Email: Joh Details- PURCHASEANDERSON400 SERIES WINDOWS I. -i tchen window on side ofhouse tw2036 r/o size=43 7/8 "Wx 3'8 7/8"H $750 2. 2 windows rear-side ofhouse tw2036 r/o size=2'21/8" W x 3'8 7/8"H $'380 ea. 3. 3 Front]'floor ofhouse tw2446 Flo size =2'6 118" W x 4'8 7/8"H X438 ea. 4 6Second floorfroataad side tw243l r/o size 2'61/8" Wx 4'0 7/8"H $408 ea. Total prices 1@$'750, 2@$760, 3@$'1314, 6@ @0448 Delivery cost: $128 Total Cost of Windows: $5400 Initial Deposit due upon signed contract: $'2700 c 1L Upon delivery.- $2700 OSBORNRENOVATIONS Client Signature: Date: ------------- SBORN RENOVATIONS CONTRACT Makin-ga Difference Every Da3T...Offerigg Hones �, Quality & Alf'ordability (717) 701 - 5458/ (717) 386 - 0985 John Osborn/Marcia Osborn .. 1212 Dickinson Dr., Carlisle, Pa. 17015 .johnosbomlO@vahoo.com Contractor#: PA080439 . Licensed and Insured Client Name: Floyd Morrison Address: 178 E South St.,Carlisle. Pa. 17013 Phone: 717-243-5058 Email: Job Details: TEAR OFFS DLVG,WINDOW TRWAND 77VFX HOUSE,6X16AND 4X14 CONCRETEPADS, 4X14 PORCHDECK WIMRAH"G, WINDOW INSTALLATION,FIREBLOCKING. L Tear offaff sldrngffrom house and remove old windows and 2. Install windows and tl'vek wrap house and prep for windowand siding. 3. Prep 6x18& w4ftareas forconcretepads 4 Pad areas to use b2stone with wire at 4.6"and 3or00ps1 concrete ata 4 pour: S. Concrete steps installed to pad at 48"width and 7"rise steps (3)10-depth 6. 4'x14'porrh deck built with toumv andgroove dec king(composite)and vinyl railing Around porch area with 4'wide steps to ground area. Steps to have access to left and right approach . 7. Fire blocking and lag bolts installed to interior of house as per code ----- eT 8. Clean up and remove debris from job site. 01 Co Total Cost of Job: $7060 Initial Deposit due upon steed co frac x`4000 Upon completion due. $3060 / OSBORNRENO VA TIONS ,john Osborn 5/3/2013 Client Signature: . f B S ORN RENOVATIONS CONTRACT Makin; a Difference Every Day...Offering Honesty, Quality & affordability (717) 701 - 5458/ (717) 386 - 0985 John Osborn/Marcia Osborn 1212 Dickinson Dr., Carlisle, Pa. 17015 lohnosbornlWyahoo com Contractor#: PA080439 Licensed and Insured Client Name: Floyd Morrison Address: 178 E South St., Carlisle, Pa. 17013 Phone: Email: Job Details: WINDOW TRIM ON OUTSIDE OFHOMEAND DOOR TRItLIINA7EK 1. Duplicate historic window trim on front and side ofhome usmgAzek non rottrngmatenal 2. Mill Azek material at shop and assemble at shop for installation 3. Insta1114 window trim and 2 door trim 4. Paint window trim to trim color Total Cost of Job: $5500 Deposit: x'3000 46 ql q Upon completion :$2S00 i OSBORNRENOVATIONS John Osborn 5/20/2013 Customer. SBORN RENOVATIONS CONTRACT Making a Difference Every Day—Offering Honesty, Qua.Iity & A[rordabilit y (717) 701 - 5458/ (717) 386 - 0985 John Osborn/Marcia Osborn 1212 Dickinson Dr., Carlisle, Pa. 17015 .iohnosbornl0@yahoo com Contractor#: PA080439 Licensed and Insured Client Name: Floyd Morrison Address: 178 E South St., Carlisle, Pa. 17013 Phone: Email: .lob Details: DRYWALL ALL WALL4AND CElLflVCSLVHOME L AUfue wall drywall is 5/8"and all three floors required to the attached home 2. All walls and ceilings on first and second floors done in �§ "dry`vall 3. Water board drywall used n1 bathroom upstairs 4. Drywall hung and finished to aint Total Cost of Job: $6260 YCI OSBORNRENOVA HONS ,john Osborn 5/20/2013 Q§SBORN RENOVATIONS CONTRACT Making a Difference Every Day...Offering Honesty, Quality & Affordability (717) 701 - 5458/ (717) 386 - 0985 John Osborn/Marcia,Osborn 1212 Dickinson Dr., Carlisle, Pa. 17015 johnosbomlo@yghoo.com Contractor#: PA080439 Licensed and Insured Client Name: Floyd Morrison Address: 178 E South St. , Carlisle, Pa. 17013 Phone: 717-2435058 Email: .job Details: INSULATION OFHOUSE L Insulate fust and second floor ofhome wall ceiling and fue wall areas Total Cost of Job: $21000 & OSBORNRENOVATIONS ,john Osborn 5/20/2013 • t SBORN PxENOVATIONS CONTRACT TMaking a Difference Every Day...Offering Honesty, Qualit � Alford ability ability (717) 701 - 5458/ (717) 386 - 0985 John Osborn/Marcia Osborn 1212 Dickinson Dr., Carlisle, Pa. 17015 johnosborn10@Yahoo.co Contractor#: PA080439 Licensed and Insured Client Name: Floyd Morrison Address: 178 E. South St., Carlisle, Pa. 17013 Phone: 717-243-5058 Email: ob Details: ROUGHINPLUMBIIVGSEWER LEVESAND WATER"NM GASS7'UB INS, I. Install drainage limes to upstairs bathroom and kitchen and 2. New drain line book ups and T's installed m basement pon'derroom. 3. Waterline maul installed from sinvethook up installed to newmanifold. 4 Pex waterlines forhotand cold imstalled to bathroom upstairs. S. Pex waterlines for hot and cold installed to kitchen area arnd powderroom and laundry room areas 6. Outside cold waterline installed by deck area 7. Plumbmgpressum checked and inspected 8. Clean up and remove debris from job site. Total materials for plumbing: $2000 Labor for installation: $3000 [. Total Cost of Job: $5000 Contractor: OSBORIVREMOVATIO ,john Osborn Client Signature: SBORN RENOVATIONS CONTRACT MaUig a Difference Every Day..-Offering Honesty, Quality & Affordability (717) 701 - 5458/ (717) 386 - 0985 John Osborn/Marcia Osborn 1212 Dickinson Dr., Carlisle, Pa. 17015 iohnosbomlO@Yahoo.com Contractor#: PA080439 Licensed and Insured Client Name: Floyd Morrison Address: 178 E. South St. Carlisle, Pa. 17013 Phone: 243,5058 Email: .Iob Details; Interiorf,►amir Windows, headers, walls, ceillrs leveled,2 vinyl windows L All ulterior walls lathed and framed for 2. P and 2'd floorheaders Installed m kitchen, hvingroom and 2d f borhaUway. A All windows reframed to 24nfrom floor to meet code. 2d floor. 4 Reframe stair wall on 2'floor and fmme m bathroom area and closets for bedrooms. S. Cel and walls leveled and plum with lathe for dry wall. 6. Framing area for kitchen Install pmp. 7 All misc. hamingneeded for electrical and plumbart' �' d HVAC and OrywaJl �v `9 Approximate time 2 1h weeks coinsides with outer framing Total Cost of Job: $11,000 lL1�0-v Initial Deposl4 due upon signed contract: ,$3700 One week into flaming; x'3700 Upon completion due: ,$3600 OSBORNRF-NO VA TIONS John Osborn 4110/2013 Client Signature: � SBORN ENOVATIONS CONTRACT Making a Difference Every Day-011ering Honesty, Q, -d & Affordability (717) 701 - 5458/ (717) 386 - 0985 John Osborn/Marcia Osborn 1212 Dickinson Dr., Carlisle, Pa. 17015 johnosbomlO@Yahoo.com Contractor#: PA080439 Licensed and Insured Client Name: Floyd Morrison Address: 178 E. South St. , Carlisle, Pa. 17013 Phone: 717-243-5058 Email: Job Details• Footers, block work and fmnun 7g ofexterior walls forpomh areas 1. Digfooters to 40»and pour concrete to 8"forfooter base 24!"wide 2 Use 10"block forfoundation with foundation bolts 3. 2x]0 BOOFjOiSt forfmmhW 4 -Y4 advantec floonngfor sub floor. will heglued and nailed. 5. Top offooter wi1136'or belowfrost hne 6. 2x6f amingfor eXknor walls for first and second floor fiammg 7. Tie rn 2d floorjoist with 2x101umber and use Y4 advantec sub flooring 8ov erhang to side ofhouse to tie m ie mwith rearporrh area. 3x24!' 9. ear porch area 8x14 ' 2x6 wall construction and 2x10 floor and ceiling construction. 10. Y4,, "advantec flooring to porch area. 11.ANfmmed areas will be sided with 7/16 OSB plywood and tyvek wrapped 12.Roofareas shingled with lifetime warranted architectural s hingles. 13. Velux skyl ghtins&yed to rearporch area 2x41 14 Fiamrngrear porch area to allow I side windowand 2mar windows and rear door. � IS.Contractprovides 2rear windows and ma-door. (side window art ofh package) P ouse window 16 Clean up and remove debris from job site. r �s Total Cost of Job: $15900 Inljtral De posi4 due upon signed contract $5300 Afterfooter and block lns&ffed.• 'S300 Upon completion due: 55300 Contractor.• OSBO"",IVOVATIONS ,john Osborn 3114120.13 Client Signature: a SBORN RENOVATIONS CONTRACT Making a Difference Every Day...Offering Honesty, Quality & Alfordabili ty (717) 701 - 5458/ (717) 386 -0985 John Osborn/Marcia Osborn 1212 Dickinson Dr. Carlisle, Pa. 17013 johnosbornl0@yahoo.com Contractor#: PA080439 Client Name: Floyd Morrison Address: 178E South St. Carlisle, Pa. 17013 Phone: 717-243-5058 717-254-7672 Job Detail• REPLACE STANDING SF 9MMETAL ROOF 1. Set up scafllingaud dum sterformetal and cedarshake s p hulgles 2. Set up tarps In.W&c area 3. Remove old Amdrngsea,"x001 Band cedarshake 4 Install wood lathe over roofama and repair damagedarcas es(1250 sq, ft area S. Repairgumar box and valleys 6 Install Standing seam roofing over 1250 square A area. 60 more addition ft due to clew overhang. 7. Install snow bums on standhWseam roofon front ofhome. 8. Inslagflashingaround chimneys and install venting caps 9. Caulk with sekaflex were needed 10.Clean up allic area aad remove debris from job site. Total cost ofjob. $11,1100 (V )5",)13 Amount due upon signing.- $3700 5 ( c �✓^ Due on start date: $3700 Upon completion. x$'3700 Contractorsj�natune John O _J sbO� 01/22/2013 , l. Home Owner '` 0 SBORN RENOVATIONS CONTRACT Making a Difference Evcry Day...Offering Honesty, (,duality & Afforda b�llty (717) 701 - 5458/ (717) 386 - 0985 John Osborn/Marcia Osborn 1212 Dickinson Dr., Carlisle, Pa. 17015 johnosbornl0@yahoo com Contractor#: PA080439 Licensed and Insured Client Name: Floyd Morrison Address: 174 E.South St ,Carlisle, Pa. 17013 Phone: 717-243,5058 9 t-x ob Details• TEAR OUT OF2"0 AND IRSTFLOOR AND OUTSIDE PORCHESAND REAR BUILDING 1. Remove bathroom area.including wall on 2`'floor. 2. Remove drywall and plasterflom ceibngand all outer walls A 3. Remove balcony wall when new outer wall,&built 4 Remove all panehngand dFymdhom yds and cezbngs 5. rfneeded. Remove old c �pe67gfrom second floor area to complete. $'4000 6. Remove all walls and ceilings m kitchen area 7. Remove all appliances m kitchen area 8. Remove porch wall when outside s&uctum is formed m 9. Remove plaster and drywall on all outer walls. 10.Open up area wall at bottom ofstairs p IL Remove all carpeting on first floor A/N" 12.Cleary area to completed x'4000 13.Tear of'frrstand second floorporches if 14.Tear ofFrear building 15.Tear out old footer structure to porch and prepare fornew 16. Clean up and remove all debris to complete x'4000 Total Cost of Job: $12000 Inidal Deposit due upon signed contractr $4000 After 2'floor complete: 40000 Upon completion due: $4000 Contractor.• OSBORNRENOVATIONS ,john Osborn 2/5/2013 Client Signature: Date: }Y:t: RENOVATIONSSBORN CONTRACT Making a Difference Every Day...Offering Honesty, Quality & Affordability (717) 701 - 5458/ (717) 386 - 0985 John Osborn/Marcia Osborn 1212 Dickinson Dr., Carlisle, Pa. 17015 iohnosbornl0@yahoo.com Contractor#: PA080439 Licensed and Insured Client Name: Floyd Morrison Address: 178 E. South St, Carlisle, Pa. 17013 Phone: 717-243-5058 job Details: FloormgPackage 1. Kitchen and uh tyroom ceramic file beige#87556 340 sq.A. 2. Install cement board sub floor and level 3. Install file floor and grout $4500 4. InstaUhard wood flooriW,67&67g room and&hh7groom area #161497 300 sq. A S. Level suhBoor with leveler and instsll'r§plywwod to subfloor 6. Install-hhardwood flooring to area $3700 7. Upstairs bathroom area tie floor and wall area with design discussed 8. Install backer board to floor area 9. Install the #399392 to floor 10.InstaU#399396 to w211 area from tub to closet(6x6) up 36" 11.Install#0282573 at 6"width above wall Lire and trim with 1130576 12.Install#30576 back slash above vanity $2400 13.Clean up and remove debris from job site Carpeting for stairway and upper hallway aiA ooms to ,vest, by Lowes. Total Cost of Job: 10,600 ill( �� es Deposit for start: x'3600 After kitchen area completed.- L P f:nf Upon completion. $3400 A C�qj� OSBORNREVOVATIONS ,john Osborn 5/20/2013 Customer. SBORN RENOVATIONS Making a Difference Every Day...0lfering Honesty, Quality & Affordability (717) 701 - 5458/ (717) 386 - 0985 John Osborn/Marcia Osborn 1212 Dickinson Dr., Carlisle, Pa. 17015 _iohnosboml0@yahoo.com Contractor#: PA080439 Licensed and Insured Client Name: Floyd Morrison Address: 178 E. South St., Carlisle, Pa. 17013 Phone: 717-243-5058 Job Details: PAINTING FLUTAND SECOND FLOOR I. Pnep home and spray and roll prime coat over drywall on ceilings and walls. 2. Paint ceilings throughout rn flat white except kitchen and bath areas (2 coats) 3. Kitchen and bath areas use satin white finish. (2 coats) 4 Paint walls m kitchen and utility area m sw7636satin (2 coats) 5. Paint dmmg room and upstairs and haflwavm sw6315satin (2 coats) 6. Front room m sw6316satin (2 coats) 7. Master bedroom in sw6318 satin (2 coats) 8. Front bedroom m sw6744 satin (2 coats) 9. Upstairs bathroom m sw6743 satin (2 coats) 10.Upstairs windows and doors and baseboard trim m semi gloss sw7636(2 coats) 11.First floor window and baseboard trim m sw7636(2 coats) 12.Closet doors and door to utiW room painted rn sw7636(2 coats) 13.Painting and flooring and trim package will co-mside with each other based on scope of work. Total Cost of Job: $7400 Deposit upon contract $2 {� Afterfist week: 52500 Upon completion $2400 t OSBORNRENO VA TIONS John Osborn 5/20/2013 Customer. O, §SBORN ENOVATIONS CONTRACT Making a Difference Every Day...OfferiDg Honesty, Qu��Ity & LUTordability (717) 701 - 5458/ (717) 386 -0985 John Osborn/Marcia. Osborn 1212 Dickinson Dr. Carlisle, Pa. 17013 johnosboml0@yahoo.com Contractor#: PA080439 Client Name: Floyd Morrison Address: 174 E South St. Carlisle, Pa. 17013 Phone: 717-243.5058 717-254-7672 Job Detail.• REPLACE STANDEVC SEWMETAL ROOF I. Set up scaft7ingand dumpsterformead and cedar shake shingles 2. Set up tarps m atdre area 3. Remove old standing seam roo&g and cedar shake shingles(1200 sqft area) 4. Install wood lathe over roofar ea and repair damaged areas S. Repairgulter box and valleys 6. Install Sland wg seam roofrng over 1200 square ft area. 7. Insall snow birds on sfaadingseam roofon front ofhome. 8. InstaUflashwg around chimneys and install venting caps. 9. Caulk with sekaflex were needed 10.Clean up attic area and remove debris from job site. Total cost ofjob. $Aload Amount due upon signing•. x'3700 Due on start date: x'3700 Upon completion: $3700 Contractor signature John Osborn 01/22/2013 Home Owner r---� t VERIFICATION The foregoing Complaint is based upon information which has been gathered by our counsel in the preparation of the lawsuit. The language of the document is that of counsel and not our own. We have read the document and to the extent that it is based upon information which we have given to counsel, it is true and correct to the best of our knowledge, information and belief. To the extent that the content of the document is that of counsel, we have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if we make knowingly false averments, we may be subject to criminal penalties. Floyd orrison Roma E. Morrison Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY • t:nsraroe_- F pfi[ti HONG �r':f iI E5 )F Tl4.�sH'RIFr= 14 OCT —1 PM ?: 33 CUMBERLAND .COUNTY PENNSYLVANIA Floyd E Morrison (et al.) vs. John Osborn d/b/a Osborn Revovations (et al.) Case Number 2014-5461 SHERIFF'S RETURN OF SERVICE 09/24/2014 09:28 PM - Deputy Dawn Kell, being duly sworn according to law, served the requested Complaint & Notice by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: John Osborn d/b/a Osborn Revovations at 1212 Dickinson Drive, Carlisle Borough, Carlisle, PA 17013. (.0.t41,., . Vat_ DAWN KELL, DEPUTY 09/24/2014 09:28 PM - Deputy Dawn Kell, being duly sworn according to law, served the requested Complaint & Notice by handing a true copy to a person representing themselves to be John Osborn, Husband of defendant, who accepted as "Adult Person in Charge" for Marcia Osborn d/b/a Osborn Renovation at 1212 Dickinson Drive, Carlisle Borough, Carlisle, PA 17013. SHERIFF COST: $51.27 SO ANSWERS, RONK6 R ANDERSON, SHERIFF September 25, 2014 (c) CountySuite Sherif, Teleosoft, Inc.