HomeMy WebLinkAbout05-3965
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Plaintiffs
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
JAMES 1. PROCTOR, JR., and
MARILYN C. PROCTOR,
v.
CIVIL ACTION - LAW
RONALD J. STOUDT, t/d/b/a STOUDT
CONSTRUCTION,
05"- 39tiJ (1.\;,1
Defendant
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 any other claim for relief requested by the
Plaintiff. You may lose money or property or other right important to you.
YOU SHOULD TAKE TIDS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
IF YOU DO NOT HAVE A LAWYER CONTACT:
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania
(717) 249-3166
Plaintiffs
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
JAMES 1. PROCTOR, JR., and
MARILYN C. PROCTOR,
v.
CIVIL ACTION - LAW
no,o.5'- 391:.5 {;;J I.tu-
RONALD J. STOUDT, t/d/b/a STOUDT
CONSTRUCTION,
Defendant
COMPLAINT
AND NOW come the Plaintiffs, James 1. Proctor, Jr., and Marilyn C. Proctor,
husband and wife, who, by and through their attorneys, Thomas A. Beckley, Esquire,
Thomas S, Beckley, Esquire, and Beckley & Madden, of Counsel, files this Complaint,
and, in support thereof, aver as follows:
1. Plaintiffs, James 1. Proctor, Jr., and Marilyn C. Proctor, husband and wife, are
adult individuals who reside at 2798 Ritner Highway, Carlisle, Pennsylvania 17013 (the
"Property").
2. Defendant is Ronald J. Stoudt an adult individual who trades and does business
as Stoudt Construction ("Stoudt"), with a business address of 57 Mountain View Terrace,
Newville, Pennsylvania 17241. Upon information and belief, Stoudt Construction is not
a registered fictitious name with the Department of State's Corporation Bureau.
3. On or about September 19,2003, the Proctors purchased the Property as their
residence and began living in it.
4. On or about June 4, 2004, the Proctors entered into a written agreement with
Stoudt in which Stoudt agreed to make certain renovations to the Proctors' downstairs
bathroom ("Bathroom Agreement"). In exchange, the Proctors agreed to pay to Stoudt
the principal sum of $1,525.42, of which $1,000.00 was due upon signing the contract,
and $525.42 was due upon Stoudt's completion of the work. Due to certain changes
which were made in the agreement, the final price was increased to $2,900.72. A true
and correct copy of this agreement is attached hereto as Exhibit A.
5. On June 14,2004, the Proctors entered into a second written agreement with
Stoudt in which Stoudt agreed to remove the back porch/deck at the Proctors' Property
("Deck Agreement"). In exchange, the Proctors agreed to pay to Stoudt the principal sum
of $1,800,00. A true and correct copy of the Deck Agreement is attached hereto as
Exhibit B,
6. On or about June 21,2004, the Proctors entered into a third written agreement
with Stoudt in which Stoudt agreed to make certain renovations to the Proctors' Property
("June Agreement") as set forth in that Agreement. In exchange, the Proctors agreed to
pay to Stoudt the principal sum of $22,593.04, of which $16,594.04 was due upon
signing the contract, and $6,000.00 was due upon Stoudt's completion of the work. A
true and correct copy of the June Agreement is attached hereto as Exhibit C.
7. On July 22, 2004, the Proctors and Stoudt entered into a fourth agreement in
which Stoudt agreed to perform additional work on the Proctors' Property as set forth in
the agreement which is attached hereto as Exhibit D ("July Agreement"). In return, the
Proctors agreed to pay to Stoudt an additional $12,593.00, of which $9,296.50 was due
upon signing, and $9,296.50 (which included the $6,000.00 from the June Contract) was
due upon Stoudt's completion of the work.
2
8. On August 25, 2004, the Proctors entered into a fifth written agreement with
Stoudt in which Stoudt agreed to perform additional work on the Proctors' Property as set
forth in the agreement which is attached hereto as Exhibit E ("August Agreement"). In
return, the Proctors agreed to pay to Stoudt an additional $7,236.00. This left a balance
due on all three contracts of$16,532.50. Of the total outstanding balance, pursuant to the
August Agreement, the Proctors agreed to pay $8,674.00 upon signing, and $7,858.50
upon Stoudt's completion of the work.
9. The August Agreement contained a "projected completion date" for Stoudt's
work under all agreements of October 1,2004,
10. In November, 2004, Stoudt had still not completed his work under the
agreements, and, despite having received approximately $60,000.00 from the Proctors,
threatened to quit the project entirely unless the Proctors paid to him an additional
$3,200.00.
11. In total, the Proctors have paid to Stoudt the sum of $62,652.26 for the work
set forth in all five written agreements. The following is a list of the dates and amounts
of each payment the Proctors made to Stoudt:
June 3, 2004
June 16,2004
June 18,2004
June 21, 2004
July 6, 2004
July 6, 2004
July 23, 2004
August 30, 2004
September 16,2004
October 15,2004
November 17,2004
$ 1,000.00 (Bathroom Agreement)
$ 1,800.00 (Deck Agreement)
$ 1,900.72 (Bathroom Agreement)
$ 3,000.00 (Miscellaneous Draw)
$16,593.04 (June Agreement)
$ 7,296.00 (Miscellaneous Draw)
$ 9,296.50 (July Agreement)
$ 8,674.00 (August Agreement)
$ 8,392.00 (Miscellaneous Draw)
$ 1,500.00 (Miscellaneous Draw)
$ 3,200.00 (Miscellaneous Draw)
3
Total:
$62,652.26
12. As of March, 2005, Stoudt had still failed to complete the majority of the
work required in the agreements, and he eventually stopped working at the Proctors'
residence entirely.
13. Consequently, on July 6, 2005, the Proctors entered into a written agreement
with 1st Class Building and Remodeling ("1st Class") in which 1st Class agreed to (1)
correct the work which Stoudt had attempted to perform, and (2) complete the work
which Stoudt had agreed to perform but failed to even start. In return, the Proctors agreed
to pay to 1st Class the sum of $37,248.00. A true and correct copy of this Agreement is
attached hereto as Exhibit F.
14. The following is a room-by-room list of work which Stoudt had agreed to
perform but either failed to do it, or did it improperly:
Kitchen
a, Failed to relocate the kitchen sink and create an opening in the kitchen to the
next room;
b. Failed to install a skylight in the kitchen;
c. Failed to install a garbage disposal, dishwasher and move the refrigerator;
d. Failed to install a pantry door;
e. Failed to install the cabinetry;
f. Failed to install a french door;
g, Failed to paint the inside walls;
Dining Room
h. Failed to install bay window;
i. Failed to complete the door archways;
4
j, Failed to paint;
k. Failed to complete and properly install the drywall;
I. Failed to properly install the electrical wiring;
Outside
m, Failed to properly install the siding which allowed water to penetrate inside
the siding;
n, Failed to install soffit which allowed animals to enter the house;
0, Failed to remove a tree in the backyard;
p, Failed to paint the entire roof (only painted a portion of it);
q. The siding which was placed on the house was two different sizes instead of
one uniform size;
r. Stoudt damaged the soffit under the front porch while attempting to install an
outlet. The outlet also has a wire exposed which should have been placed in a conduit to
protect it from exposure;
s. The conduit running along the driveway is exposed at several places where it
should be buried beneath the soil;
t. The driveway has several gouges in it which were caused by Stoudt's
equipment;
u. Parts of the siding were only held together by three nails which caused it to
rattle when subjected to wind;
v. Failed to install a fence along the driveway;
w, Failed to install a telephone poll which had fallen;
x, Failed to install the fountain;
y. Failed to properly install the lights along the driveway (not all of them work);
z. Failed to place asphalt on the driveway;
aa, Failed to reseed a particular area of the lawn;
Garage/New Bedroom
5
bb. Failed to properly install two sets of french doors (one set is not level with the
ground, second set is uneven so that doors will not lock);
cc. Failed to properly install windows;
dd. Failed to install any flooring;
ee. Failed to install fireplace;
ff. Failed to install any drywall;
gg, Failed to paint any portion of it;
hh, Failed to install the ceiling;
Bathroom - Upstairs
11. Failed to install shower;
jj. Failed to install toilet (the Proctors have been without use of it for
approximately one year);
kk. Failed to install drywall and framing walls;
Loft - Upstairs
II. Various parts of the electric wiring was done improperly, and several live
wires were "hidden" in the insulation;
mm. The integrity of the roof was compromised because Stoudt removed several
supporting beams from the ceiling and failed to replace them;
nn. Stoudt improperly cut "wedges" into the remaining beams supporting the
ceiling to accommodate the electrical wiring which further compromised the integrity of
the roof;
00. Failing to install drywall and paint;
pp. Failed to install railing along stairs;
qq. Failed to properly install windows;
rr. Failed to install any drywall;
ss. Failed to paint anything;
6
tt. Failed to use protective covering on the floor which resulted in damage to the
floor;
Hallway - Downstairs
uu. The flooring has a several inch gap in the entryway to the dining room;
Downstairs Bathroom
vv. Failed to properly install window;
ww. Failed to install exhaust fan and hook it up;
Laundry Room
xx, Failed to supply and install drywall;
yy. Failed to paint walls;
Stairway Area
zz, Improperly installed and painted duct work. Bottom portion is falling off;
aaa, Failed to paint;
Living Room
bbb, Failed to install flooring;
ccc. Failed to install ceiling drywall;
ddd. Improperly installed drywall;
eee, Damaged one seat cushion on the leather couch;
fff. Failed to properly install speaker wire.
15, In addition to the foregoing, numerous sections of drywall, trim and electrical
wiring were either improperly installed and/or not completed throughout the entire
Property. Stoudt also left a significant portion of garbage at the Proctors' Property which
the Proctors have had to remove at their expense. Furthermore, the Proctors purchased
speaker wire and wall plates for use in the renovations, however, Stoudt took them from
the Proctors and billed the Proctors for the materials.
7
16, The Proctors provided Stoudt with a key to their house so that he could access
it at all times.
17. Stoudt had access to the Proctors' Property for approximately ten months.
18. The Proctors made repeated requests to Stoudt to complete his work in a
timely manner, and even requested that he continue working when the Proctors had house
guests,
I. COUNT I - BREACH OF CONTRACT
19. The Proctors hereby incorporate paragraphs 1 through 18 of this Complaint as
though set forth here at length.
20, The Agreements provide as follows: "All material is guaranteed to be as
specified, and the above work to be completed with the above drawings and
specifications submitted for above work and completed in a substantial workmanlike
manner..,"
21. As set forth in paragraph 14 hereof, Stoudt either failed to complete, and/or
completed improperly, a significant majority of the work set forth in the various
agreements.
22. Stoudt failed to perform its work in a "substantial workmanlike manner."
23. Despite repeated demands, Stoudt has failed and refused to honor his
Agreements with the Proctors.
8
24, The Proctors repeatedly requested Stoudt to complete his work, and gave him
approximately ten (10) months to do so.
25, As a result of Stoudt's breach of the Agreements, the Proctors were forced to
engage a new contractor to complete the work and to avoid further damage to the
Proctors' Property.
26. As a result of Stoudt's breach of the Agreements, the Proctors have been
damaged in an amount in excess of $40,000.00, which amount represents the cost to
complete Stoudt's work under the Agreements, and to repair the damage caused by
Stoudt.
WHEREFORE, Plaintiffs, James J. Proctor, Jr., and Marilyn C. Proctor, hereby
request this Court to enter judgment in their favor and against the Defendant, Ronald J.
Stoudt, t/d/b/a Stoudt Construction, in an amount in excess of $40,000.00, plus costs of
suit, and all other remedies available under law.
COUNT 11- VIOLATION OF UNFAIR TRADE
PRACTICES AND CONSUMER PROTECTION LAW --
27. The Proctor's hereby incorporate paragraphs 1 through 26 of this Complaint
as though set forth here at length.
28. Stoudt's conduct violated Pennsylvania's Unfair Trade Practices and
Consumer Protection Law ("UTPCPL"). 73 P.S. 9 201-1 et seq.
9
29. The UTPCPL prohibits a person from engaging in the following practices:
(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;
(xvi) 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;
(xxi) Engaging in any other fraudulent or deceptive conduct which
creates a likelihood of confusion or of misunderstanding.
73 P,S,~~ 201-2(4)(v),(vii),(xvi) and (xxi).
30, Stoudt represented and held himself out to the Proctors and to the public that
he was a competent contractor who was able to perform the renovations requested by the
Proctors,
31. Stoudt represented to the Proctors that he was able (i.e" competent) to make
the renovations to the Proctors' Property, and that he would make them in a "substantial
workmanlike manner."
32. Stoudt continually requested additional draws of money from the Proctors for
work he did not perform, and/or for materials he did not purchase,
33. Stoudt's failure to make the renovations to the Proctor's Property in a
"substantial workmanlike manner," and his failure to complete the majority of the work
10
under the Agreements, constituted a violation of the UTPCPL. 73 P.S. ~ 201-2(4)(v),
(vii), (xvi) and (xxi).
34. Stoudt's actions have been intentional, outrageous, wanton and/or in reckless
disregard of the Proctors' rights.
35. Under the UTPCPL, a court may award, in addition to the principal amount
owed, treble damages as well as costs and attorneys' fees. 73 P.S. ~ 201-9.2.
WHEREFORE, Plaintiffs, James J. Proctor, Jr. and Marilyn C, Proctor, hereby
request this Court to enter judgment in their favor and against the Defendant, Ronald J.
Stoudt, t/d/b/a Stoudt Construction, in an amount in excess of $40,000.00, plus treble
damages, costs of suit, a reasonable attorneys' fee, and all other remedies available under
law.
COUNT III - FRAUD
36. The Proctors hereby incorporate paragraphs I through 35 of this Complaint as
though set forth here at length.
37. Stoudt holds himself out and represents to the public that he is a contractor
with the knowledge, ability and competency to renovate homes such as the Proctors'
home.
38. Stoudt repeatedly represented and warranted to the Proctors that he was able
to perform the work in the Agreements in a substantial workmanlike manner.
11
39, Stoudt either knew, or should have known, that he was unable to perform the
renovations to the Proctors' Property in a substantial workmanlike manner.
40. Relying upon Stoudt's representations that he was a competent contractor, the
Proctors entered into the various Agreements with him.
41. The Proctors' reliance on Stoudt's statements about his ability and
competency was reasonable.
42, Stoudt repeatedly requested additional draws of money from the Proctors for
work he did not perform, and/or for materials he did not purchase, Indeed, he had
threatened to quit the project entirely unless he received the additional draws.
43, Relying upon Stoudt's statements, the Proctors felt as if they had no choice
but to continue to advance the payments to Stoudt in the hope that he would honor the
Agreements, The Proctors were under no obligation to make these advances as they were
not yet due under the Agreements, nor had Stoudt earned them.
44, When requested to do so, Stoudt refused to refund any money to the Proctors
because he stated that he had used the advances from the Proctors to purchase materials.
The Proctors, however, have yet to receive the quantity of materials which Stoudt stated
he had purchased on their behalf, nor, despite their repeated requests, have they received
any accounting for the funds they advanced to Stoudt.
45, The Proctors have been damaged in an amount in excess of $40,000.00 due to
Stoudt's fraudulent conduct.
12
46. Stoudt's actions have been intentional, outrageous, wanton and/or in reckless
disregard of the Proctors' rights.
WHEREFORE, Plaintiffs, James J. Proctor, Jr., and Marilyn C. Proctor, hereby
request this Court to enter judgment in their favor and against the Defendant, Ronald J.
Stoudt, t/d/b/a Stoudt Construction, in an amount in excess of $40,000.00, plus punitive
damages, costs of suit, and all other remedies available under law.
COUNT IV - CONVERSION
47, The Proctors hereby incorporate paragraphs 1 through 46 of this Complaint as
though set forth here at length.
48. On or about February 28, 2005, one of Stoudt's employees, while working at
the Proctors' Property, stole two blank checks and approximately $250,00 in cash from
the Proctors,
49. Stoudt's employee made both checks out to himself, one for $487,00, and a
second one for $379.00, forged Marilyn Proctor's signature, and cashed them.
50. Upon discovering this, the Proctors immediately contacted Stoudt and
informed him of the theft, however, Stoudt did not offer to refund the money to the
Proctors.
51. The Proctors were able to recover the amount of both checks from their own
bank, however, to date, they have not recovered the $250.00 in cash,
13
52. Throughout the course of the Project, Stoudt repeatedly threatened to cease all
work unless and until the Proctors advanced more money to him.
53, Stoudt accepted the payments from the Proctors, however, he failed to
complete the work, and has failed and refused to refund the money to the Proctors,
54, Despite demanding and accepting payments from the Proctors, Stoudt failed
to complete his work as required by the Agreements.
55. Stoudt's actions have been intentional, outrageous, wanton and/or in reckless
disregard of the Proctors' rights, and, therefore, the Proctors are entitled to an award of
punitive damages,
WHEREFORE, Plaintiffs, James J. Proctor, Jr., and Marilyn C. Proctor, hereby
request this Court to enter judgment in their favor and against the Defendant, Ronald J,
Stoudt, t/d/b/a Stoudt Construction, in an amount in excess of $40,000.00, plus punitive
damages, costs of suit, and all other remedies available under law.
DATED: August 3, 2005
Respectfully submitted,
Of Counsel
BECKLEY & MADDEN
212 North Third Street
Post Office Box 11998
Harrisburg, Pennsylvania 17108-1998
(717) 233-7691
-~~v
Thomas S. Beckley, Esquire
Attorneys for Plaintiffs
James J. and Marilyn C. Proctor
14
VERIFICA TION
I, James 1. Proctor, Jr., hereby verify that I am an adult individual, that I have read
the foregoing document, and that the facts set forth in the foregoing document are true to
the best of my knowledge, 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.
~ropo5al
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Note - this proposal may be withdrawn by us if not accepted within
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Respectfully
submitted
The above prices, specifications and conditions are satisfactory and are
hereby accepted. You are authorized to do the WOrk as specified.
Payments will be made as outlined above.
Date of Acceptance
Signature
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ACCEPTANCE OF PROPOSAL
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Signature
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ACCEPTANCE OF PROPOSAL
The above prices, specifications and conditions are satisfactory and are hereby accepted, You are authorized to do the work
as specified, Payments will be made as outlined above,
Signature
Date
Signature
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MADE IN USA
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Signature
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ACCEPTANCE OF PROPOSAL
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Signature
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Per
Note - This proposal may be withdrawn
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ACCEPTANCE OF PROPOSAL
The above prices, specifications and conditions are satisfactory and are hereby
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Signature
Date
Signature
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JAMES L. PROCTOR, JR., and
MARILYN C. PROCTOR,
Plaintiffs
v.
RONALD J. STOUDT, tldIb/a STOUDT
CONSTRUCTION,
Defendant
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
: CNIL ACTION - LAW
: No. 05-3965
PLAINTIFFS' PRAECIPE TO DISCONTINUE
TO THE PROTHONOTARY:
Please mark the above-captioned discontinued upon payment of your costs.
DATED: August 23,2005
~--'~~
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Thomas S. Beckley, Esquire
BECKLEY & MADDEN
212 North Third Street
Post Office Box 11998
Harrisburg, PA 17108-1998
(717) 233-7691
Attorney for Plaintiffs
James L. Proctor, Jr., and
Marilyn C. Proctor
CERTIFICATE OF SERVICE
I, Thomas S. Beckley, Esquire, hereby certify that on this day a true and correct
copy of the foregoing document was served upon the person and in the manner indicated
below:
SERVICE BY FIRST CLASS MAIL
John P. Neblett, Esquire
Law Office of John P. Neblett
2040 Linglestown Road
Suite 203
Harrisburg, Pennsylvania 17110
Carl C. Risch, Esquire
Martson, Deardorff, Williams & Otto
10 East High Street
Carlisle, Pennsylvania 17013
DATED: August 23, 2005
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Thomas S. Beckley
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SHERIFF'S RETURN - REGULAR
CASE NO: 2005-03965 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
PROCTOR JAMES L ET AL
VS
STOUDT RONALD ET AL
SGT. JODY SMITH
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
STOUDT RONALD J T/D/B/A STOUDT CONSTRUCTION the
DEFENDANT
at 1124:00 HOURS, on the 9th day of August
, 2005
at CUMBERLAND CO SHERIFF'S OFC
ONE COURTHOUSE SQUARE
CARLISLE, PA 17013
by handing to
RONALD J. STOUDT
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
18.00
.00
.00
10.00
.00
28.00
r~~~~~
R. Thomas Kline
08/09/2005
BECKLEY & MADDEN
Sworn and Subscribed to before By:
\.Joc6vl Sh1i~
Deputy ~heriff
t'
me this q ~ of 0.. )..---,,~
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Proth otary