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HomeMy WebLinkAbout05-6049IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PAMELA J. SCHROFF, Plaintiff CIVIL ACTION - LAW NO. SCOTT VAILLANCOURT and JANET VAILLANCOURT, individually, and d/b/a SCOTT'S DRYWALL, Defendants NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following Complaint, 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 South Bedford Street Carlisle, PA 17013 Phone: (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PAMELA J. SCHROFF, Plaintiff SCOTT VAILLANCOURT and JANET VAILLANCOURT, individually, and d/b/a SCOTT'S DRYWALL, Defendants CIVIL ACTION - LAW NO. 05=L,0 y9 COMPLAINT AND NOW, this 14' day of November, 2005, comes the Plaintiff, Pamela J. Schroff, by and through her attorney, John J. Mangan, III, Esquire, and files this Complaint and in support thereof avers as follows: Plaintiff, Pamela J. Schroff, is an adult individual residing at 1225 Prairie Drive, Chambersburg, Franklin County, Pennsylvania 17201. 2. Defendants, Scott and Janet Vaillancourt, husband and wife, are adult individuals whose principal address is believed to be 915 Sandbank Road, Mount Holly, Cumberland County, Pennsylvania 17065. 3. Defendants Vaillancourt conduct and operate a home improvement business under the name "Scott's Drywall." Defendant Scott Vaillancourt performs the contracting aspects of the business, whereas Defendant Janet Vaillancourt performs records maintenance and bookkeeping duties for the business. 4. In March, April, and May 2005, Defendant Scott Vaillancourt agreed to perform in a competent and workmanlike manner an extensive amount of work/ improvements on Plaintiffs home. 5. Defendant Scott Vaillancourt proceeded to work on Plaintiff's home and, subsequently invoiced her for said work. 6. Per invoice dated March 22, 2005, Defendant described the completed work as drywall hung in bathroom; toilet installed; vanity installed; removed kitchen cabinets; and replaced wall for new kitchen sink. The amount charged for said work and paid by Plaintiff was $700. A copy of that invoice is attached hereto as Exhibit A and incorporated by reference as if fully set forth herein. 7. With respect to the work set forth in the invoice identified as Exhibit A, trim work was not completed and/or stained in the kitchen area; Defendant neglected to run new wires, causing Plaintiff to have wiring installed by GW Electric Company, at a cost of $455.69; Defendant neglected to install new plumbing, causing Plaintiff to have plumbing installed by Rodney B. Smith Plumbing, at a cost of $343.19; a pocket door was incorrectly installed; and a door jam was not completely installed. 8. Per invoice dated April 5, 2005, Defendant described the completed work as ceilings textured; built enclosure for fireplace; microwave oven installed; and the installation of drywall. The amount charged for said work and paid by Plaintiff was $420.00. A copy of that invoice is attached hereto as Exhibit B and incorporated by reference as if full set forth herein. 9. With respect to the work set forth in the invoice identified as Exhibit B, certain ceilings were either streaked, not completely textured, or not textured at all; Defendant did not complete the described fireplace work; a microwave oven was not installed; and the kitchen wall had been previously invoiced (see Exhibit A). 10. Per undated invoice, Defendant described the completed work as bathroom lights installed; cabinets installed; subfloor - from kitchen to dining room - installed; lights over window installed; partial panel on kitchen walls installed; window ledger in spa room installed; table under window installed; and dryer vent repaired. The amount charged for said work and paid by Plaintiff was $550.00. A copy of that invoice is attached hereto as Exhibit C and incorporated by reference as if full set forth herein. 11. With respect to the work set forth in the invoice identified as Exhibit C, lights did not function, one cabinet was not installed, and panel and trim work in the kitchen was not completed. To remedy and/or mitigate the electrical and installation problems resulting from Defendant's work, Plaintiff had to pay a third parry contractor, TRIC Electrical, $3,539.00. A copy of the TRIC Electrical work orders are attached hereto as Exhibit D and Incorporated as if fully set forth herein. 12. Per invoice dated May 5, 2005, Defendant described the completed work as installation of subfloor in kitchen and spa room; ironing board installed; door installed; walls repaired for lights; and kitchen lights installed. The amount charged for said work and paid by Plaintiff was $600.00. A copy of that invoice is attached hereto as Exhibit E and incorporated by reference as if fully set forth herein. 13. With respect to the work set forth in the invoice identified as Exhibit E, no light-related repairs were made to any wall; the door to the spa room was incorrectly installed; and the referenced installation of kitchen lights had been previously invoiced (see Exhibit Q. 14. Per invoice dated April 20, 2005, Defendant described the completed work as roof shingled; portions of plywood on roof replaced; fiber coating of flashing; ridge cut for cap; reinstallation of gutter guards; and air vent cut. The amount charged for said work and paid by Plaintiff was $6,900.00. Said consideration consisted of $6,000.00 and a 1988 Chevrolet Astro Van, valued at approximately $900.00. A copy of that invoice is attached hereto as Exhibit F and incorporated by reference as if fully set forth herein. 15. With respect to the work set forth in the invoice identified as Exhibit F, Defendant did not complete the specified roof work. An evaluation and job proposal provided by a third-party roofer, Dependable Roofing, Inc., describes the shortcomings of Defendant's work with some specificity. To remedy and/or mitigate the roof problems resulting from Defendant's work, Plaintiff must pay an estimated $9,066.00 A copy of said evaluation and job proposal are attached hereto as Exhibit G and incorporated by reference as if fully set forth herein. 16. Per invoice dated May 12, 2005, Defendant described the completed work as the installation of two fencing sections; leveling and squaring ground in preparation for brick laying; laying brick; and a porch installation. Plaintiff paid Defendant $4,700.00 for said improvements. A copy of the invoice is attached hereto as Exhibit H and incorporated by reference as if fully set forth herein. 17. With respect to the work set forth in the invoice identified as Exhibit H, Defendant did not complete the job and the portion of the work that he did complete was shoddy and incompetent. 18. Defendant's workmanship, in its entirety, was shoddy and incompetent. 19. In order to remedy Defendant's errors, Plaintiff will be forced to spend an estimated $15,000.00 to repair the damage, possibly much more. COUNT I. BREACH OF CONTRACT 20. Paragraphs 1 - 19, above, are incorporated by reference as if fully set forth herein. 21. There is a contract in place between the parties, as evidenced by Exhibits A, B, C, E, F, and H. 22. As specified in detail above, Defendant failed to perform as required under the contract. 23. The failure of Defendant to complete the work in a satisfactory workmanlike manner has cost the Plaintiff a significant sum of money, lost time, aggravation, and deprived her of the enjoyment of her property. 24. Defendant breached the contract. 25. Plaintiff has substantially performed under the contract by paying in full the sums invoiced by Defendant, to wit, $13,612.00. 26. The cost to remedy the shortcomings in Defendant's work is an estimated $15,000.00. WHEREFORE, Plaintiff requests that judgment be entered in her favor and against Defendants for the sum of $28,612.00, plus costs, expenses, interest and attorney fees. COUNT U. UNJUST ENRICHMENT 27. Paragraphs 1 - 27, above, are incorporated by reference as if fully set forth herein. 28. Plaintiff provided Defendant with $13,612.00. 29. Defendant has essentially left Plaintiff without any substantial asset in exchange for said money. 30. In fact, the work performed by Defendant, as described in detail above, is so defective as to be essentially worthless. 31. Defendant has thus been unjustly enriched in the amount of $13,612.00 WHEREFORE, Plaintiff requests that judgment be entered in her favor and against Defendants for the sum of $13,612.00, plus costs, expenses, interest and attorney fees. COUNT III. BREACH OF IMPLIED WARRANTIES 32. Paragraphs 1 - 31, above, are incorporated by reference as if fully set forth herein. 33. Defendant impliedly warranted that the work performed would be of a reasonable quality and workmanship. 34. Defendant breached the implied warranty in that the work performed by Defendant, as described in detail above, is so defective as to be essentially worthless. 35. As a direct and proximate result of the breach of implied warranty, Defendant has caused the following damages to Plaintiff: a. the payment of $13,612.00 to Defendant, in return for which Defendant failed to complete the contracted work in a safe, useable, functional, and aesthetic manner; and b. the cost to remedy and/or entirely repeat the contracted work, estimated at $15,000.00. WHEREFORE, Plaintiff requests that judgment be entered in her favor and against Defendants in the amount of $28,612.00, plus costs, expenses, interest and attorney fees. Respectfully submitted, Date: November 1 , 2005 Joh J angan, lII, EAuire 35 fast High Street, Suite 204 Carlisle, Pennsylvania 17013 (717) 241-2446 Supreme Court ID # 87000 Attorneys for Plaintiff EXHIBIT A CONTRACTORS INVPI E WORK PERFORMED AT. All Material is guaranteed to be as specified, and the above work was performed in accor73t>F provided for the above work, and was completed in a substantial workmanlike manner for the This is a ? Partial ? Full invoice and payable by: Month and specifications Dollar ($ 'mfr" ; ?1C-1 )• in accordance with our 0 Agreement ? Proposal No. Dated Month Day Year TC8122 CONTRACTORS INVOICE W,w MADE IN USA EXHIBIT B DATE - YOUR WORKORDER NO. OUR BID NO. DESCRIPTION OF WORK PERFORMED O1 X 7-() < E 7C .4 r- L)?.21 If ?-D ld i r L An material is guaranteed to be as specified, and the above work was performed in accordance with the drawings and specifications provided for the above work, and was completed in a substantial workmanlike manner for the agreed sum f7 _...? 1.?1. Dollars $/ This is a ? Partial ? Pull invoice due and payable by: Month Day in accordance with our ? Agreement ? Proposal No. Dated Month Day TC8122 s VHDE INl RC INVnir Year CONTRACTORS INVOICE EXHIBIT C TO: 7 DATE YOUR WORK ORDER NO. OUR BID NO. i DESCRIPTION OF WORK PERFORMED f 4 O All Material is guaranteed to be as specified, and the above work was performed in accordance with the drawings and specifications provided for the above work, and was completed in a substantial workmanlike manner for the agreed sum ?o1fe Dollars t4 _ )• This is a ? Partial mull invoice due and payable by: Month Day Year in accordance with our ? Agreement ? Proposal No. Dated - Year Month Day .e..,,, mane 2 Asa CONTRACTORS INVOICE a` TC8122 CONTRACTORS INVOICE WORK PERFORMED AT. 3 EXHIBIT D T. R. I. C. E. n, 0, S al Job Nft -Steve (860.393 7671 Description of Work: Z- G -8 • ?? J le, l?D % fi?C.?valy '' %-f lq?;Wc Time and Material Flat Rate ( ) [] ?yv Date work is to be started: Date work is to be completed: /!? - 9 - of rrTT r 1 (Trice Ree Signature) (Customer Si tore) (Date) (Date) T.Re LCo E. die i I Job Eneft _ Steve 7/671) 7 n iSooS?'L C 7 S'Ilk Time and Material Flat Rate ( ) Date work is to be started: I G - / 5-- O s Date work is to be completed: /v 16 ?05 (Trice Rep. Si ature) - /G (Date) 696 w 11-2 4. ova (Customer Siinature) 1 v ? c- (Date) Description of Work: /D 15?= b To RI.C.E. BUR Rftfd*t Industry Clm&I Mfttl Abe an lob L-Xmn _ Stems 3 Af„'' 47 7d ?2 Time and Material. A-<- Flat Rate ( ) F-I Date work is to be started: /o -as -d?- Date work is to be completed: lo ,,e23- of / ZJ,--- 5-111K- ?, X77 ce lyre o_ t? (Trice Rep. Signature) rG ? 3 (Date) (Lustomer Nignature) i10 (Date) Description of Work: l?4z EXHIBIT E I TO: '-- (:-ONTRACTORS LNVOICE \?e 1 WORK PERFORMED AT. DATE YOUR WORK ORDER NO. OUR BID NO. All Material is guaranteed to be as specified, and the above work was performed in accordance with the drawings and specification! provided for the above work, and was completed in a substantial workmanlike manner for the agreed sum of Dollars (Sj/-:', - ; This is a ? Partial ? Full invoice due and payable by: Month Day Year in accordance with our ? Agreement ? Proposal No. Dated Month Day Year TC8122 MADE 2 IN' USA CONTRACTORS INVOICE. enmz EXHIBIT F TO: DATE YOUR WORK ORDER NO. DESCRIPTION OF W OUR BID NO. ORK PERFORMED S ?2 r s o C ?. n F O K C e ?SU TT?R lJVT ?? ?cl 6.,tJ All Material is guaranteed to be as specified, and the above work was performed in accordance with the drawings and specifications provided for the above work, and was completed in a substantial workmanlike manner for the agreed sum of -DollarAi This is a ? Partial ull invoice due and payable by: Day Year in accordance with our El kgreement ? Proposal No. Dated - Month Day Year CONTRACTORS INVOICE CONTRACTORS INVOICE WORK PERFORMED AT. Uv? `i'1 lot CA-oz? f 012 AT 11 r, l F t : k t r Y?? EXHIBIT G 4765 Wayne Road 6 nFpE111nmm Chambersburg, PA 17201 Fax (717) 267-3664 To: Pam Schroff 10-18-05 As discussed previously, upon your request I evaluated your roof situation. I found the roof to be approx. 20% reroofed. The areas that are complete are improperly installed with defective installation in the valley and tie in. We cannot salvage any of this work and need to remove the roof and replace everything. If you need additional information please call. As requested we have made repairs to the parts that were reroofed to try and reduce the amount of leaks you are experiencing due to the defective installation. Ed Z?er I&I 4765 Wayne Road DEPENDABLE Chambersburg, PA 17201 Roofing Inc. (717) 267-3865 Fax(717)267-3664 PROPOSAL Pam Schroff September 27, 2005 1225 Parrie Drive, Chambersburq, PA 17201 The undersigned proposes to furnish all materials and perform all labor necessary to complete the following: Roof Replacement 1) Remove the existinq shinqle roofing. 4) Install a new 30 year 3 dimensional shingle, your choice of standard colors, all shingles are hand nailed. 5) Install a hidden ridge vent capped with shingles. 6) Close cut valleys with ice shield installed in valleys and shingled over top. 7) Install new.032 aluminum flashing around the chimney. 8) Install new pipe boots on the vent pipes. 9) Reflash the two skylights to the roof. 10) Clean up and remove all exterior debris resultinq from our work. 11) Maqneticallv sweep the yard for any nails. 12) All workmanship is guarantied for 5 years, by Dependable Roofinq. COST $6,630.00 Added cost to have ice shield installed 4'6" up from the eaves of heated living are*. ADD TO COST $456.00 Added cost to include installation of two new skylights with curbs verses reflashing a existing ones which is an inexpensive one piece plastic. ADD TO COST $1,259.00 Added cost to install 50 year 3 dimensional shingles in lieu of 30 year 3 dimension s mgles. ADD TO COST $721.00 * To guarantee price proposal must be signed and returned within 30 days. All the above work to be completed in a substantial and workmanlike manner for the sum of Total cost depends on options being approved ( $ ) Dollars to be made as follows-- and the " Any required deck, rafter or deteriorated wood repairs are to be done on a time and material basis. All pricing assumes us being able to pull our small dump trucks in yard. Please call for added cost if you prefer roofing to be carried to driveway area. Dependable Roofing does carry Workmen's Compensation and Public Liability Insurance, also pays all Sales Taxes, Old Age Benefits and Unemployment Compensation Taxes upon the material and labor furnished under this contract, as required by the United States Government and the State in which this work is performed. Respectfully Submitted, Please Initial options approved DEPENDABLE ROOFING, INC. Ed YOCIOP?j ACCEPTANCE You are hereby authorized to furnish all materials and labor required to complete the work mentioned in the above proposal, for which the undersigned agrees to pay the amount mentioned in said proposal and according to the terms thereof. Purchaser is liable to pay all collection fees and costs plus highest legal interest charges on unpaid bills over 30 days. Date: I .0 15 11) As, (Please sign both copies an rat m yellow copy) ' Y ! EXHIBIT H CONTRACTORS INVOICE t* WORK PERFORMED AT. TO: This is a C Partial ? Full invoice due and payable by: _ Month Day in accordance with our ? Agreement ? Proposal No. Dated Month a ?- A111 11 USA . T09122 CONTRACTORS INVOICE Year Day Year _Dollars($ J? Y Y VERIFICATION I verify that I am the Plaintiff and 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 unworn falsification to authorities. Date: I I 1 1Q, I 0, Pamela J. Schroff r J . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PAMELA J. SCHROFF, Plaintiff SCOTT VAILLANCOURT and JANET VAILLANCOURT, individually, and d/b/a SCOTT'S DRYWALL, Defendants CIVIL ACTION - LAW NO. CERTIFICATE OF SERVICE I, John J. Mangan, III, Esquire, attorney for Plaintiff, do hereby certify that I this day served el'Sonc I se/'V 'c2? a copy of the within Complaint upon the following by depasigR p . , addressed as follows: Scott and Janet Vaillancourt 915 Sandbank Road Mt. Holly Springs, Pennsylvania 17065 Scott and Janet Vaillancourt d/b/a Scott's Drywall 915 Sandbank Road Mt. Holly Springs, Pennsylvania 17065 Z3 Date: November 14, 2005 John gan, 111, Es ' e Atto ey for Plaintiff' V c- -n -? -INZ t ?S ? y SHERIFF'S RETURN - REGULAR CASE NO: 2005-06049 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SCHROFF PAMELA J VS VAILLANCOURT SCOTT ET AL KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon VAILLANCOUR the DEFENDANT at 2005:00 HOURS, on the 1st day of December , 2005 at 915 SANDBANK ROAD MT HOLLY SPRINGS, PA 17065 by handing to JANET VAILLANCOURT a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this l yV day of De?Z X005' A. D. 14 1 Pro Lary So Answers: R. Thomas Kline 12/05/2005 JOHN MANGAN By: 11/ept t; S e f f SHERIFF'S RETURN - REGULAR CASE NO: 2005-06049 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SCHROFF PAMELA J VS VAILLANCOURT SCOTT ET AL KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon VAILLANCOURT JANET D/B/A SCOTT'S DRYWALL the DEFENDANT , at 2005:00 HOURS, on the 1st day of December , 2005 at 915 SANDBANK ROAD MT HOLLY SPRINGS, PA 17065 by handing to JANET VAILLANCOURT a true and attested copy of COMPLAINT & NOTICE - together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this I/ Li day of r A. D. Pro otary So Answers: R. Thomas Kline 12/05/2005 JOHN MANGAN By: ep ty jh'. f SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-06049 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SCHROFF PAMELA J VS VAILLANCOURT SCOTT ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT VAILLANCOURT SCOTT but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE NOT FOUND , as to the within named DEFENDANT VAILLANCOURT S 915 SANDBANK MT HOLLY SPRINGS. PA 17065 PER JANET, DEFENDANT IN LIVING IN HAMPDEN. MA. Sheriff's Costs: So answers: .-- Docketing 18. 00 - Service 6. 72 r ? Not Found 5. 00 R. Thoma 14ne Surcharge 10. 00 Sheriff of Cumberland County Postage . 37 40. 09 JOHN MANGAN 12/05/2005 Sworn and subscribed to/ before me this / 1/4A day of J/dP(;M?r J(? A. D. Pr honota Curtis R. Long Prothonotary Offire of the i3rotbonotarp ?umberYartb ?Cnutttp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor ()S- 1,Qgq CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER 2008 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2 BY THE COURT, CURTIS R. LONG PROTHONOTARY •• - ^--t:_t n-1.1hinnio 17n1'2 . r717N 7An Al OZ . V.,.. /'71'7%'$An r-C'7'3