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HomeMy WebLinkAbout06-3116J. WILLIAM FILLING, PRESIDENT BETTER LIVING PATIO & SUNROOMS OF CENTRAL PA, Plaintiff NO. 06-SU-726-Y01 a d 1-7I> o ? r? a b 3 T v I? J V. STACY ZORN and LAVAN ZORN, Defendants AND NOW, this 0 day of OL 3!!L ?ic??? C-Ta 1 IN THE COU T OF COMMON PLEAS OF YORK CO TY, PENNSYLVANIA CIVIL ACTION -LAW of the attached properly-executed Stipulation by counsel for the DECREED that venue of this action is hereby transferred to Plaintiff shall bear any costs involved in transferring said venue, County for docketing the action upon. transfer. It is further directed that within ten (10) days of transfer Court of Common Pleas, Plaintiff shall take all actions necessary to marked settled and discontinued with prejudice in the Court of provide a copy thereof to Defendants. CIT 2006, upon review it is hereby ORDERED and County, Pennsylvania. all costs of Cumberland matter to Cumberland County the above-captioned action Pleas of York County and J. I I D .6Q FL C -? G^1 V 7. WILLIAM FILLING, PRESIDENT BETTER LIVING PATIO & SUNROOMS OF CENTRAL PA, Plaintiff IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA NO. 06-SU-7t 6-Y01 V. STACY ZORN and LAVAN ZORN, Defendants CIVIL STIPULATION AND NOW, comes Plaintiff and Defendants, by and through file the following Stipulation. I. On our about the 16th day of April, 2006 Defendants 1-LAW respective counsel and Preliminary Objections to Plaintiff s Complaint in the above-referenced matter with regard to the venue in which the action was filed. 2. Thereafter, Shana M. Pugh, Esquire, counsel for Plaintiff, received authorization from Plaintiff to transfer the venue of the action to Cumberland 3. In order to address the issues raised in Defendants' Preliminary Objections, the parties, through their counsel, wish to stipulate to change the venue of ?he action to the Court of Common Pleas of Cumberland County. 4. Intending to be legally bound hereby, the attorneys for the respective parties, with each parry's authorization, do hereby stipulate to a change in venue and agree to the attached Order. r-" WHEREFORE, Plaintiff and Defendants by joint Stipulation Honorable Court to enter the attached Order thereby resolving issues Preliminary Objections. I 10(o Date: IT Date: 'j t ( U Shana M. Pugh, Esqui Attorney ID # 200952 2108 Market Street Camp Hill, PA 17011 (717) 763-1800 Attorney for Plaintiff Mar W. Allshouse, Atto ey ID # 78014 4833 Spring Road Shermans Dale, PA (717) 582-4006 Attorney for Defend: 706 request this in Defendants' YORK COUNTY COURTHOUSE 05/15/06 CIVIL ACTION DOCKET FILLING, J WILLIAM VS. ZORN, STACY PARTY TYPE ATTORNEY PLAINTIFF FOR CIVI ATTORNEY PLAINTIFF FOR CIVI ATTORNEY DEFENDANT FOR CIVI ATTORNEY DEFENDANT FOR CIVI ET AL CASE NO: 2006-SU-00( FILING DATE: JUDGE: ET AL LITIGANT PARTY NAME P001 PUGH, SHANA M P001 FILLING, J WILLIAM P002 PUGH, SHANA M P002 BETTERLIVING PATIO D001 ALLSHOUSE, MARK W D001 ZORN, STACY D002 ALLSHOUSE, MARK W D002 ZORN, LAVAN DATE -------- ------------------------------------------- -'?05/01/06 00058 00349 *SHERIFF RETURN OF SERVICE COMPLAINT SERVED BY CUMBERLAND CO SHERIFF 05/01/06 00058 00349 *SHERIFF RETURN OF SERVICE COMPLAINT SERVED BY CUMBERLAND CO SHERIFF ? 015101106 00058 00349 *SHERIFF RETURN OF SERVICE CUMBERLAND CO SHE CO SHERIFF 6,4/18/06 00053 00185 AS TO ZORN, STACY *PRELIMINARY OBJECTIONS TO PLTFS COMPLAINT W 04/18/06 00053 00192 AS TO ZORN, STACY *BRIEF IN SUPPORT OF DEFTS PRELIMINARY OBJEC X04/04/06 00046 00134 AS TO FILLING, J WILLIAM *COMPLAINT REINSTATED 44/06 X3/10/06 00034 00112 AS TO FILLING, J WILLIAM \ *EXHIBIT TO BE ADDED TO COMPLAINT A3/07/06 00032 00207 AS TO FILLING, J WILLIAM *COMPLAINT IN A CIVIL ACTION=AMT DEMANDED $ TOTAL NUMBER OF ENTRIES: 8 REQUESTED BY: TDJ PAGE: 728-Y01 YK Y01 3/07/06 SUNROOMS OF CEN P 1 FEE/AMOUNT ---------- --------------- 28.81 N STACY ZORN ON 4-10-06 7.00 ZORN LAVAN ON 4-10-06 53.08 FF DEPUTIZED BY YORK CERT OF SVC IONS W/CERT OF SVC 134.00 ,336.32 W/FEES AND COST ******* END OF REPORT ******* Mark W. Allshouse, Esquire Attorney ID # 78014 4833 Spring Road Shermans Dale, PA 17090 (717) 582-4006 Attorney for Defendants J. WILLIAM FILLING, PRESIDENT : IN THE COI BETTER LIVING PATIO & SUNROOMS : OF YORK C OF CENTRAL PA, Plaintiff NO. 06-SU V. STACY ZORN and LAVAN ZORN, CIVIL Defendants NOTICE TO PLEAD TO: J. William Filling, President Better Living Patio & Sunrooms of Central PA c/o Shana M. Pugh, Esquire 2108 Market Street Camp Hill, PA 17011-4706 You are hereby notified to file a written response to the Objections within twenty (20) days from service hereof. Date: yf/(OpG ark W. Allshow ttomey ID # 780 4833 Spring Road Shermans Dale, P. OF COMMON KgBAS- NTY, PENNSYLV2?VIA' Y01 v J. f -LAW r Defendants' Preliminary 17090 Mark W. Allshouse, Esquire Attorney ID # 78014 4833 Spring Road Sherman Dale, PA 17090 (717) 582-4006 Attorney for Defendants J. WILLIAM FILLING, PRESIDENT IN THE COU BETTER LIVING PATIO & SUNROOMS : OF YORK C( OF CENTRAL PA, Plaintiff NO. 06-SU V. STACY ZORN and LAVAN ZORN, CIVIL Defendants AND NOW, come Defendants, Stacy and LaVan Zorn, their attorney, Mark W. Allshouse, Esquire and respectfully file the Objections to Plaintiffs Complaint. 1. Pennsylvania Rule of Civil Procedure 1028 allows filed by any party to any pleading based upon improper venue. T OF COMMON PLEAS JNTY, PENNSYLVANIA Y01 -LAW and wife, by and through Preliminary objections to be 2. Pennsylvania Rule of Civil Procedure 1006 states, inter defendant may be brought in and only in a county in which the which the cause of action arose or transaction or occurrence took place action arose. 3. Pennsylvania Rule of Civil Procedure 1006(e) states raised by preliminary objection and, if not so an action against a may be served or in the cause of improper venue shall be objection to venue is sustained, and if there is a proper county of venue within the state, the ad tion shall not be i dismissed, but shall be transferred to the appropriate court of that of transfer and removal shall be paid by plaintiff. 4. Plaintiff has brought its Complaint in York County, 5. The only allegation contained in Plaintiff s York County, Pennsylvania is that the Plaintiff s place of business is and that costs and fees which in any way relates to there. 6. In addressing the requirements of Pennsylvania Rule f Civil Procedure 1006: (a) The Defendants were not able to be served in ork County, Pennsylvania, but were served at their residence in Cumberland County, (b) The Defendants did not execute any contracts Or enter into any agreements in York County, Pennsylvania, but executed all documents in Cumberland County, Pennsylvania. (c) The property which forms the basis for this litigation is located in Cumberland County, Pennsylvania. 7. Plaintiff has plead absolutely no facts which would indicate that venue was proper in York County, Pennsylvania. 8. It is believed, and therefore averred, that Plaintiff has brought the action in York County, Pennsylvania for its own convenience and in an attempt to drNe up the costs to defend such action by Defendants. 4. Proper venue of this matter is where Defendants were sewed, executed all contract documents and where the subject real property is located in C berland County, Pennsylvania. 1080 ? 0 ? 3???5 WHEREFORE, Defendants respectfully request this transferring this matter to Cumberland County, Pennsylvania, construction between the parties occurred and where the real Pennsylvania Rule of Civil Procedure 1006. Date: 4(((0`0(-e Mark W. . Attorney 1 4833 Spri: Shermans (717) 582 Attorney 1 Court to enter an Order all actions, contracts and is located pursuant to # 78014 Road ale. PA 17090 Defendants Mark W. Allshouse, Esquire Attorney ID # 78014 4833 Spring Road Shermans Dale, PA 17090 (717) 582-4006 Attorney for Defendants J. WILLIAM FILLING, PRESIDENT : IN THE COU T OF COMMON PLEAS BETTER LIVING PATIO & SUNROOMS : OF YORK C LINTY, PENNSYLVANIA OF CENTRAL PA, Plaintiff NO. 06-SU- 26-Y01 V. STACY ZORN and LAVAN ZORN, CIVIL ACTION -LAW Defendants 1 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document has beet duly served upon the following, by depositing a copy of the same in the Unite;Dae, st-class, postage prepaid as follows: Shana M. Pugh, Es2108 Market StrCamp Hill, PA 1701Date: 4/16/0(0 use, E quire 8014 ad PA 17090 'Ow"86r] U 0 Mark W. Allshouse, Esquire Attorney ID # 78014 4833 Spring Road Shermans Dale, PA 17090 (717) 582-4006 Attorney for Defendants J. WILLIAM FILLING, PRESIDENT BETTER LIVING PATIO & SUNROOMS OF CENTRAL PA, Plaintiff V. STACY ZORN and LAVAN ZORN, Defendants 1. SUMMARY OF THE CASE IN THE CO T OF COMMON PLEAS OF YORK C UNTY, PENNSYURNFA ^A NO. 06-SU- 2,9?Y01 CIVIL ACTI N -LAW F =' On or about March 7, 2006 Plaintiff filed a civil Complaint i4 the Court of Common Pleas of York County, Pennsylvania, in the above-referenced matter Thereafter, on March 10, 2006 Plaintiff filed a Praecipe to Attach Exhibits to the above- captioned Complaint in the Court of Common Pleas of York County Pennsylvania. Thereafter, on or about April 10, 2006 Plaintiff served the pursuant to Pennsylvania Rule of Civil Procedure. Simultaneously herewith Defendants have filed Preliminary venue in which the Complaint was filed as being improper. II. STATEMENT OF FACTS It is averred by Plaintiff that on or about January 31, 2005 entered into an Agreement wherein Plaintiff agreed to on Defendants objecting to the and Defendants room at Defendants' property in Mechanicsburg, Cumberland County, Pennsylvania. C1 It is further averred by Plaintiff that the property was constructed by Plaintiff in Mechanicsburg, Cumberland County, Pennsylvania. The Complaint discusses change orders and modifications to the Agreement, which were, likewise, made in Mechanicsburg, Cumberland County, III. QUESTION PRESENTED Is the venue in which Plaintiff filed the action proper? Suggested answer: No. IV. ARGUMENT Pennsylvania Rule of Civil Procedure 1006 states that an acti n against a defendant may be brought in and only in a county in which the individual may be served or in which the cause of action arose or transaction or occurrence took place. Pennsylvania R4 1e of Civil Procedure 1006(e) states that improper venue shall be raised by preliminary obj*tion and, if sustained, shall be transferred to a proper venue if within the state. Costs and fe?s regarding transfer and removal shall be paid by the plaintiff. Plaintiff has brought its Complannt in York County, Pennsylvania. However, the only fact raised in Plaintiff's Complaint which relates in any way to York County is Plaintiffs address. In applying Pa, R.C.P. 1006, it should be noted that Defendants were not able to be served in York County, but were served in Cumberland County, Pennsylvania. Defendants did not execute any contracts or agreements in York County, but all contracts and agreements, whether written or oral, were formed and executed in Cumberland County, Pennsylvania. The real property which forms the basis for this litigation, toge?her with all work and actions performed by Plaintiff incurred in 0 The township authority who was involved for inspection an( code regulations exists in Cumberland County, Pennsylvania. Plaintiff has plead no facts which would indicate a venue as Pennsylvania. To the contrary, the Defendants and all contracts, ac were undertaken in Cumberland County, Pennsylvania. As a result transferred pursuant to Pa. R.C.P. 1006. Turner v. Commonwealth, 352 Pa. Super. 154 (1985); Dau Company, 240 Pa. Super. 527 (1976); Fox v. Pennsylvania Power a 79 (1983). Date: ?//qpo enforcement of building er in York County, and witnesses are or -of, venue must be 315 Pa. Super. M k W. Al shouse, ?quir orneyID 78014 33 Spring Road Shermans D #1e, PA 17090 (717) 582-4 06 Attorney for efendants 0 Mark W. Allshouse, Esquire Attorney ID # 78014 4833 Spring Road Shermans Dale, PA 17090 (717) 582-4006 Attorney for Defendants J. WILLIAM FILLING, PRESIDENT BETTER LIVING PATIO & SUNROOMS OF CENTRAL PA, Plaintiff V. STACY ZORN and LAVAN ZORN, Defendants IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA NO. 06-SU-7126-Y01 CIVIL 1-LAW CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document has following, by depositing a copy of the same in the United States as follows: Shana M. Pugh, Esquire 2108 Market Street Camp Hill, PA 17011-4706 Date: gl1q b tt Zark W. All omey ID 4833 Spring Shermans D, (717) 582-4( Attorney for t duly served upon the first-class, postage prepaid 78014 PA 17090 Mark W. Allshouse, Esq ire 4833 Spring Road Shermans Dale, PA 17090 Phone: (717) 582-4006 Fax: (717) 582-7476 Mark@ChristianLawyerSolutions.com CHRISTIAN LAWYER SOLUTIONS, York County Prothonotary York County Courthouse 28 East Market Street York, PA 17401 Dear Sir/Madam: Enclosed please find Defendants' Preliminary Object Support of Preliminary Objections for filing. Kindly file the copies and return them to me in the self-addressed stamped e April 1 , 2006 ra r- -T3 RE: Better Livin v. Zorn York Co. N . 06-SU-726-YUI T' together with a Brief in nals, time-stamp all truly yours, i ,tea, W. Allshousq? MWA/sa Enclosures cc: Mr. and Mrs. LaVan Zorn (w/enc.) COUNTY OF YORK bf`JHE SHE 1 I CALL FF SER ' y\A V CB b5 df.4t 0R(j@ ST., YORK, PA 17401 SHERIF PROCESS RECEIPT a d AF 115 T OF RETURN ' $. 1. PLAINTIFF/S/ COU TNUMBER 3. DEFE T/st 1 TYPE OF WRIT OR CO I T CKl r WPLAKir Y NAM S OF INDIV DUAL, COMPANY, CORPORATION, ETC TO SERVE OR DESCRNPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD ER ADDRESS ( TR T OR R O WITH BOX NUMBER, IPT O pITV. BORO. ) VW . STATE ZIP CODE) AT I I 1 f rToG 7. INDICATE SERVICE' O PERSONAL U PERSON IN CHARGE U DEPUTIZE J CERT MAIL 1ST CLASS MAIL U POSTED 'J OTHER NOW 5 20Q(p- I, SHERIFF OF YORK COUN & do hereby deputize the sheriff of COUNTY to execute ' and make Whereof -according to law. This deputization being made at the request and risk of the plaintiff. , YORK COUN 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE. U?aq, (, I"Moo F, C CamUel(? L At- NOTE: ONLY APPUCABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff farthing" c arty p under within writ may leave same wi8rout a watchman. in custody of whomever is found in possession. after notifying person of levy or attachment waMr4 had herein for any loss, destruction, or removal of any property before sheriffs sale thereof. W an P.d oa deputy or the sheriff t a y plambff _{ U to 9. TYPE NAME and AD RELSS of ATTOR?N IEY /QORI?G,NgArTORD.nd SIGNAT(?'1RE awtp?{t I? ? a ? ? s?? ? ? c? - 10. TELEPHONE NUMBER 1 t. DATE FILED gh jaw i e 'FTa t ?Tick?F' rrr `T a1?` ?Y ; h S ('1 t??7(P3- I ?'DO ? E ?l . , . re , - E T YA D - ( T nl a area must be completed a me?e e b naaed) ? u C /? ( 431 rI?U/? ric 73. ' actmowhdge o mnplant as rere`p r0ceied above I hr n 1 TE RECEIVED 15 ExpuabonMearm Date I /'V --`J 1 1 G ©- b LJ _-I 16. HOW SERVED: PERSONAL ( ) RESIDENCE ( ) POSTED( - ) POE( ) SHERIFFS OF] ICE ( ) ) SEE REMARKS BELOW OTHER( 17. O 1 hereby cerety and return a NOT FOUND because I am unable to locate the individual, company, etc. named above_ San remarks below.) 18. NAME AND TITLE OF INDIVIDUAL SERVED / LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relaemelaple DaftM w4 19. h t a ice 20 Ti of Service eo rv-ool (/ I S G 21. ATTEMPTS Dale Tae Mies Int. Date Time Miles Int Date Trme Miles Int Dave Tine ItYea erl pare Time Miles Int. Time I Date Mile s Int. 22. REMARKS. `/ 23. Advance Costs 21. Service Costs 25. N/F 26. Mileage 27 ale a 28 Sub TWI 29. Poard 30 NO" I 7 ¢ 3 31. Smdrg. 32 Tot. Coils 33 Costs Due tar C o o Sj as. Foreign Cous" CONS 35. Advance Costs 36. Service Costs 37. Notary Cert. Frien d 39. Tola1 Costs 10. Costs Due or Refund 11. AFFIRMED and subscribed to belore ma this INSVOERS 12. day of , 20 _ 43. PROTHY / NOTARY N. Signature of Dep. Sheriff 45 . DATE 16. Signature of York County shams l , -' ds?? 1 AT Y 48. Signature of Foreg County Sheriff 49 DATE S0. I ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE OF AUTHORIZED ISSUING AUTHORITY AND TITLE 51 DATE RECEIVED 1. VN11TE - Issuing Authority 2. PINK - Attorney 3. CANARY - Shenfrs Office /. BLUE - Shenlrs ORrce ,.--- 6 r-, . { %? ?. ? -?t1 `-ri .) rid !-i y? N (77 ? ? r. ?- ii ??? V 'y W ?` ? I??'1? i?UL r? ? `? ?1 _.''J ? ? _ nJ '.I i a i :[rl .:1 I. a:?t,1 '? 'Zl r ? i .: COUNTY OF YORK OFCE Of-THE SHE 45 N. G ORGZ ST., YORK, PA 17401 F SERVICE CALL. (717) 771-9601 J NIS SHERIFF SERVICE PLElkS PROCESS RECEIPT and AFFIDAVIT OF RETURN , 00 -E TYPE .. 71M 11 1 PLAINTIFF S/ q ` 2 pURT B 1 TYPE OF WRIT OR COMPLAINT 3. DEF NDANT/ cj)r(n 4hd S' t Zvrn . CIO, CbMptAIN7 GGR SERVE 5 NAME O INDIVIDUAL, COMPANY. CORPORATION. ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD V1Z? 6. ADDRESS (STR ET OR RFO WITH UMBER. APT O., CITY: BOR . TWP, STA A O ZIP CODE) AT j 101 , I ( td e n r -7D50 k6fCAT E!t !Z' O PERSONAL U PERSON IN CHARGE U DEPUTIZE U CERT IL 1ST CLASS MAIL U POSTED U OTHER , Mow 200-Lp- I, SHERIFF OF YORK CO A, do hereby deputize the sheriff of COUNTY to execute and make r thereof-according to law. This depCn Ization being made at the request and risk of the plaintiff., TV S., SPEC"INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN -Any deputy sheriff levying upon attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without list" ity on the part of such deputy or the sheriff o an lairtl herein for any loss, destruction, or removal of any property before sheriffs sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER 11 DATE FILED Qf? t-7?1I ? 2fOg fluke Sf (darn fh(I Stita?a?v h l?I?)?( 'f$o , f - t? o3 72. SEND NOTI OF SERVICE COPY TO NAM D ADDRES BELOW: (This area be pleted R ro9ce is to marled) k ?7W11 13. I actlriaNNge receipt of the cunt L ,/y, r/'? 1 _ l ? 1 I I^! {' \ 14. D'JE REiF?B(ED 15. Expiration/He nng Dal -? e / . _/ Y I 1 ) or complaint as irtdiceled above. r ` l U 16. HOW SERVED: PERSONAL( ) RESIDENCE ( ) POSTED( ) POE ( ) SHERIFF'S OF ICE ( ) OTHER ( ) SEE REMARKS BELOW 17. O I hereby certify and return a NOT FOUND because I am unable to locate Me individual. company. etc. named above. (See remarks below.) 18. NAME AND TITLE OF INDIVIDUAL SERVED / LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relabonship to Dele ant) 19. Date of Service 20 1," of Service 6L7s7r?GyJ1 21. ATTEMPTS Dale Time Miles Int. Date Time Mlles Int. Dale Time Miles lot. Dale Tara Miles Int. Date Time Miles Int. Date Time Mlles Int. 22. REMARKS: 23. Advance Cents 24 Service Costs 25. N/F 26. Mileage 27. Postage 28. Sub TaW 29. Pound 30. Notary 31. Surclg. 32. TM. Costs 33 Costs Due or Refund Check No 34. Foreign county Cos4 35. Advance Costs 36. Service Costs 37. Notary Coy II Not F 39. Total Costs 40 Costs Due or Refund 41 AFFIRMED nd bsvib d t b f hi ANSWERS . a su e o e ore me t s W. Signature of -•? 45. DATE sz. say of . 20 _ 43. Dep. Sheriff PROTHY/NOTARY 46. Signaknof Yerk C t Sh er 47. DATE oun y elt 4 48. Signature of Foreign 49 DATE County Sheriff .. 50. I ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE 51. DATERECEIVED OF AUTHORIZED ISSUING AUTHORITY AND TITLE 1. WHITE - hauling g Authority 2. PINK - Attorney 3. CANARY - Shene's Office 4. BLUE - Sheriffs Offre r I . uz, Jai ...... _. IJHERIFF'S RETURN - REGULAR CASE NO: 2006-00268 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FILLING J WILLIAM ET AL VS ZORN STACY ET MARK CONKLIN , Sheriff or Dep Cumberland County,Pennsylvania, who being duly says, the within NOTICE Sheriff of according to law, was served upon DEFENDANT , at 0008:50 HOURS, on the 10th at 101 WILLOW MILL ROAD MECHANICSBURG, PA 17055 STACY ZORN (WIFE) a true and attested copy of NOTICE COMPLAINT together with and at the same time directing Her attention to t?e contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 Service .00 Affidavit 1.00 Surcharge .00 R. Thomas Kline .00 7.00 04/11/2006 PATRICK F. UEj Sworn and Subscribed to before me this 'y'' g -day of ??BO9O Depu w l ` r?1D A.D. N CLAUDIAD BR Notary CaAi*B My Commis by Nandi} g to the of April , 2006 y Snerirr uW County Aprfl4, 2009 SHERIFF'S RETURN - REGULAR I .CASE-NO: 2006-00268 , COMMCLNWEAMH OF PENNSYLVANIA: COUNTY OF. UMBERLAND FILLING J E]ILLIAM ET AL C, VS ZORN STAC4--ET AL MARK CONKLIN Sheriff or Deputy Cumberland County,Pennsylvania, who being duly says, the within NOTI Sheriff of according to law, was servea upon the DEFENDANT , at 0008:50 HOURS, on the 10th day of April , 2006 at 101 WILLOW MILL ROAD MECHANICSBURG, PA 17055 STACY ZORN a true and attested copy of COMPLAINT together with and at the same time directing Her attention to t?e contents thereof. by handi?g to Sheriff's Costs: Docketing 18.00 Service 7.92 Affidavit 2.50 POSTAGE .39 .00 28.81 s 04/11/2006 PATRICK F. Sworn and Subscribed to before w$i me this day of 118090 Z O(W(.O A.D. r Notary So Answers;-2p NOT IALSEAL CLAUDIAO BR R. NOTARY PUBLIC CaAialeBOro Cumberland County MyComnussi ExpiresApd14,2009 IV D FIE ;"ER(ff Fri J. WILLIAM FILLING, PRESIDENT, :IN TH BETTERLIVING PATIO & SUNROOMS :OF YX Of CENTRAL PA, Plaintiff :NO.: 06-SU- V. STACY ZORN and LAVAN ZORN, Defendants :CIVIL TO THE PROTHONOTARY: Kindly reinstate the Civil Complaint in the PLEAS LVANIA .W 0% -c D C-- (IQ w - rl i?• co J matter. submitted, Shang . Pugh, Enquire Law Of ces of Patrick F. Lauer, Jr. LLC 2108 M ket Street, Aztec Building Camp Hill, PA 17011-4706 ID# 200952 Tel. (717) 763-1800 I Date: 3 ?A 0 0 0 J. WILLIAM FILLING, PRESIDENT, :IN THE COL BETTERLIVING PATIO & SUNROOMS :OF YORK C1 Of CENTRAL PA, Plaintiff OF COMMON PLEAS NTY, PENNSYLVANIA :NO.: 06-SU-72J-Y01 V. STACY ZORN and LAVAN ZORN, Defendants :CIVIL TO T14E PROTHONOTARY: Please attach the Exhibits to the above-captioned Civil W Ca o? Q submitted, Shana M Pugh, ) uir2?_? Law Offi es of P 2108 trick F. Lauer, 3r. LLC M ket Str Camp Hi 1 , PA eet, Aztec Building 4706 17011- ID# 2009 2 Tel. (717) 763-1800 Date:[( 'p ?ww+w w w+w'wr'www" 06909034011/ i 000 0340112 689 Yorktown Road, S F Lemsbeny, PA 17339 717-932-9000 // Fax 7 PATIO & SUN ROOMS Toll-free 877-BL-PATII OF CENTRAL PA . / I ! we hereby aycept?? pfoZPR rrys?s p?Lp nmfpem the following work, on the pre ises of the Owner: rC f/ /Y N r S Date NSIST 1 LLB Located at: In the City State of Zip'// D? Phone i ? OF /-,Ova -,Fo;w- a ROOM DESCRIPTION - Apprx Size ?x LZ x ? nsams No 1 Behenlew RoftAqqom Not Applicable w Desert Sand , _ ' uN 1Y Grand Room Color hits Cuso Roo/Attachment GNot utter Gutter Fascia Brown Bert Santl Wings Not Applicable c`^DOlnlar Other Room Type Vln - Solid Insulated acs Laminated S Roof of Patio Room Three Season Extended Sea Use Existing (F&Ii "'rye No mgles to match house as closely s Gable None (FIII-In) Gable Front li kable possible swiliD G Omer (Explain) So d Insulated Giese am natetl utoac N ul Ia;LL?, Screams mar ' ? Screens Only S Not Applicable / Single ngle Pane Honeycomb Owner agrees that this Room Descdp- 18" lcneswaa All DObin) S. 4 's tion becomes pan of the contract between the Contractor and the Owner Glass Combination Sol se Is ling hae Not Applicable Desert Send Lf (height may vary) Owner Initials O nerlnitiais One unheated Betterliving Patio Room as described above mAOGofwWO" ?=dt??OCwrnef rovh4/9Rt? h A-114A) k ANO 0M4yW9L1 If x6 Road LIMITED WARRANTY: Contractor warrants the installation of the work for a period of two (2) years from the date the I stallation is completed. Contractor will provide, free of charge, all service labor necessary to repair the installation during this two ear warranty period. The warranty is in addition to the manufacturer's warranty of materials and workmanship. This warrant does not include damage to the Work resulting from accident. misuse, improper operation or unauthorized repair or alteration. Ma icious destruction or damage due to natural causes is excluded from this warranty. You may obtain service by calling or writing the contractor at the address and phone number listed above. THIS WARRANTY CONSTITUTES THE ENTIRE WARRANT WITH RESPECT TO THE WORK AND THERE ARE NO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS F RA PARTICULAR PURPOSE. CONTRACTOR SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM A BREACH OF THIS WARRANTY. Some states do not allow limitations on how long a implied warranty lasts or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusion may not apply to you. This warranty gives you specific rights and you may also have other rights which vary from state to state. OWNER'S DEFAULT. If Owner refuses to permit the Contractor to proceed with the work or attempts to rescind this cc met (except as provided in the Notice of Cancellation attacheda Owner agrees to pay to Contractor the profit the Contractor ould have earned on the completion of-the Work (limited to 20P of the contract price) and reimburse Contractor for all out-of cket costs and expenses incurred by Cnntractmr mcludino Iahnr. materials rnmmieonnc Inool n.A -.- -.1. S CONTRACT AT ANY TIME PIROR T [IS CONTRACT. SEETHE ATTACHED at an time if contractor determines that th 3 by Contractor and Owner. if the contract CONTRACT PRICE: - % (O 71 Cash Contract U Owner Financi 91 Q on a QWr D received Good Faith Payment: $ Stage I Deposit: $Y_? -8= Stage 2 Materials on site : $ Stage 3 Completion: ?ry $ 7 7Z Drr Stage 4 Custom Glass;_ ^ ,( $ tJ U q-.( y.0?7- r T y Source of sale: V to arrange financing (credit application required) receipt of a copy of this ?U ?/?AGI ` GlJ N I?'Nd Eat/ I'" 1,600/l) casr?mE? ,F I F PATIO & SUNROOMS - pF CENTRAL PA 689 Yorktown Road, Suae i Lewisberry. PA 17339 717-932-90001/ Fax 717-9325304 Starting Off on the Right Foot This document is part of your contract. Please read it carefully. When both parties to a contract are aware of expectations, the process will be enjoyable f r all! If a zoning variance is required to install your sunroom, we will complete the paperwork for you and at end the variance meetings with you at no charge. The owner is responsible for variance fees (usually around $2 ). We will measure and build your sunroom according to the "Sales Sketch" provided by your Design representative. Please be sure to approve this sketch with your representative. Note the type of knee all specified and the direction that windows and doors will slide. If we are installing swinging door(s), note the direction they will open and the hinge location. For open decks, note the dimensions and-location of pia tars, benches, etc. Please be sure to confirm the mounting location of your deck, sunroom or awning. The final measure for your sunroom or deck may be done at random times throughout the week. It is n t necessaryfor you to be there while the measure is being taken. We will call in advance to advise you of he measure time. During the final measure we may.identify factors that would affect our ability to build your room as it w contracted. Although unusual, these changes may result in price increases or reductions. In this event, y u will have the opportunity to approve the changes before any additional action is taken. If approved, both parties must sign a "Change Order to Contract" to implement these changes and any others agreed to during the proj t. We are not responsible for electrical permits or electrical Inspections on rough-in only electrical Ins Rations. Final inspections cannot be completed on ' electrical i ion is completed. CIRCLE ONE: Does your home hav, septic syste o fit is septic, can you provide a copy of eptic plan? If not, can you tell us the exact tan n !n r uon to the room? W "tit- ?j yy sJ If your project includes concrete work, it may be impossible to prevent damage to your yard from the eq ipment _ necessary for this work. We will rough grade the affected area of the yard. It is the Owner's responsi ility to finish grade and seed these areas. If your contract includes installation of drywall, wood trim, or a hou a door, it is the Owner's responsibility to paint these items. Some customers contract with us to move vents, plumbing fixtures, air conditioning units, instal! a hous door, or other similar extras. Some of the components of these items are concealed until work has begun so it is s metimes difficult to anticipate the scope of work required to complete this work. In the unusual event that we disc ver concealed problems that prevent us from completing the work as estimated, we will discuss options with you that may result in price reductions or increases. Examples might include finding electrical wiring or plumbin in a wall where a house door is to be installed or finding that a vent cannot be rerouted as planned. We will remove debris from the yard, broom clean and wipe down the room, and wash the windows. Ithough we'strive to do a thorough job, there may be some minor cleaning that the owner has to complete for the win or yard to be perfectly clean. Due to the oil film left on tempered glass from the manufacturing process, the lass may require 2 -4 cleanings with an ammonia-free cleaner to eliminate streaking. The typical overall project time is one to two weeks after installation begins. Foundation work is done d ring the first week and the room is built during the second week. In addition, it generally takes one week to porch at and receive custom glass (gable glass, wing glass and custom transoms). Under some conditions patio rooms and sunrooms can be subject to condensation on the glass or stmctur . Condensation is the result of excessive humidity in your patio room that can be caused by a number of fa tors such as plants, drying lumber, high exterior humidity, or warm moist air entering from the house. Humid it contains water vapor. The warmer the air, the more water vapor it can hold, When this moist warm air co es in contact with a colder surface such as a patio room that has cooled overnight, the vapor can condense on t e cooler surface. To minimize the possibility of condensation, it is recommended that sunrooms contain their own separate heating and cooling source, be separated from house heat at night, and be vented in extra e conditions. If you ever experience condensation be assured that it will not harm the room. Like you, we want to complete your project as quickly as possible. We attempt to keep an accurate instal tion schedule, but it is subject to unanticipated delays such as inclement weather, employee illness or injury, mechanical breakdowns, and other unforeseen problems. The installation date you have been given is our best estimate but may be subject to change. We typically notify you in writing approximately two weeks bef l we commence work and call you a day or two before we begin. Any changes after the room is ordered may suit in extra cost and delays in construction. It is not necessary for you to be home during the installation as long as we have access to electric powe and a source of water. If we are installing electric, we will need access to the house near the end of the installati n. A deposit is required upon signing the contract. If we are not able to obtain financing for your room, the eposit will be returned. Deposits are not refunded after the normal rescission period if all written contingencies re met. payment upon on. If we must order cudfit!1 AR 51UJ/? the The normal WRepmsentative chedule is l/3 deposit, 1/3 upon delivery of materials and stanp?p j?crp nal final payment lass is installed. The son the If like a rich list job. Aber a finhrough with the lead inthere are puncs noted in the final walreturn trip to ce Owner may withhold is completed. u for choosing BetterlivGtterlivmg Dresentative Owner Initials Owner initials ns. j f ,rq t,rq i ,j r, ?lI PATIO-& SUNROOMS OF CENTRAL PA 689 Yorktown Road, Suite 1 Lewisberry, PA 17339 717-932-9000 //Fax 717-932-5304 NOTICE OF CANCELLATION -DAV OF TRANSACTION CUSTOMER NAME ??U?i?/z?:4'?? You may cancel this transact ori, without any'penalty"or obligati business days from the abov&dke' . w If you cancel, any property traded in, any payments made by you sale, and any negotiable instrument executed by you will be re days following receipt by the seller of your cancellation notice, arising out of the transaction will be canceled. a If you cancel, you must make available to the seller at your reside good. condition as when received, any goods delivered to you and or you may, if you wish, comply with the instructions of the seller shipment,of the goods at the sellers expense and risk. If you do make the goods available to the seller and the seller doe. within twenty (2% days of the date of your notice of cancellation, dispose of the goods without any further obligation, If you fail to available to the seller, or if you agree to return the go Am e se them you remain liable for performance of all obligations un er tl .*, TTl"f? T . "A00 4'TAT1i.within three (3) To cancel this transaction, mail or deliver a signed and dated cop} Notice or any other written notice, or send a telegram, to Betterliv Central Pennsylvania, at 68 Y r wn Ste. 1 Lewisberry, Pa 'inidnight of (date) I hereby cancel this transaction. Date Buyer's Signature SIGN THIS NOTICE ONLY IF YOU WANT TO CANCEL] der the contract or 3 within ten business. any security interest ice in substantially as r this contract or sale; regarding the return not pick them up you may retain or cake the goods fer and fail to do so, e contract. of this Cancellation ng Patio Roomsof 17339 not later than HIS TRANSACTION ?MYrIM'M Wl?r OW 30 112 ?c3ttcrliving` PATIO ROOMS ?? = ; 516 INDUSTRIAL RD. PHONE 717-932-9000 LEWISBERRY, PA 17339 TOLL FREE 1477-BLPATIO 1477-257-2846 DATE 9`D 7 CHANGE ORDER TO CONT CT I, we hereby accept your proposal to furnish all labor and material necessary to the following worK on the premises of Owner A?'/ A IA' Pho a < L ? Address eK) ? CHANGE ORDER TO CONTRACT (complete revised description of job) C l.a "/.1 4 no 'W `?{71e4 ? i C t CASH CONTRACT Original Contract Price AO Change orders ay result in increased costs of labor, nd the purchas of unnecessary inventory. Change Fee Owner(s) agree pay the change fee in full upon installation. Change Addition (Reduction) 0 P Down Payment $ - e?l e merit 0 Balance Due Upon Installation Owner(s) ackno edge receipt of this Change Order 3y: ignature o ales rson Date Owner Signature Date ) wnerSignature Date TO' E T D CA i ?dlol X"U v 1 -i now OF CENTRAL PA eas Yaktownn Rd., Suite 1 PHOINE 717404000 l awimbany. PA 17339 TOLL PW 4477-BL PAM 141rf-W6 0 DATE CHANGE ORDER TO CONT CT f. we hereby accept yams proposal to fumiah aN labor and moWel neceseafy to the ftolvw$ng work on Via promisee of Owner 4 -0 ear P - sT Address ZeA 17,;" CHAIM OWM TO CONrItACT (ootavteta dnetlpUat of eh ow 3 delelio s) 1 2- er o For Change Orders under $IWO, 0wr ia)9prea to pay the fatal amount of Vie Chan stgnad. For Change Orders ovx $10a, 50% at }fie total is dtAvAen the Change Omer' when the Change Order to Is s!wW and SD% When the wik . described in the Change Order is completed. ChanparAddl6an(Reductiort) P? Mange Pas a cover duplicate) I and labor coats due to change rotak AdAw (Red idlo) $ tmaut# Paid: s (late Of Pa -- -- aG lstanee [AheUOOn Campfe0on of - Vllok esaitwd Above (does rat in a Warm due Ownot(s) atrApsutos of nrs foradgloei contract or ajLw.ChArqo Orbs) ChareaOrdw K"a tams e t t3rrwS / 069 Q Signahre . ie work desalted herein wll commence after the Company receives ttre signed Cho Orrwr end payment shown above we to irre noWro of ccnsrruc6ft datap in reaapt of ohs Change Order may make It kn ble m o moft the wort as, wWbed wtrerdn, at the dtaeradon of the Company, this Change Order wet bsoortte raft vafd.. n f r t'. s4, i J, 1. jt j. t J. WILLIAM FILLING, PRESIDENT, :IN THE C( BETTERLIVING PATIO & SUNROOMS :OF YORK Of CENTRAL PA, OF COMMON PLEAS dTY, PENNSYLVANIA Plaintiff (J ?- :NO.: uV lJ) 1 V. STACY ZORN and LAVAN ZORN, Defendants :CIVIL ACTION-LAW NOTICE YOU HAVE BEEN SUED IN COURT. If you wis to defend against the claims set forth in the following pages, you must take action wi n twenty (20) days after this Complaint and Notice are served by entering a written ppearance personally or by attorney, and filing in writing with the court your defenses r objections to the claims set forth against you. You are warned that if you fail to do so a 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 re ief requested by the Plaintiff. YOU MAY LOSE MONEY OR PROERTY OR OTHER RIGHTS IMPORTANT TO YOU YOU SHOULD TAKE THIS PAPER TO YOUR L WYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD 0 E, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WH YOU CAN GET LEGAL HELP. Lawyer Referral Service of The York County Bar Associati n York county Bar Center u 137 East Market Street ` c: York, Pennsylvania 17401 Telephone No. (717) 854-875 _ 0&1090326063 ?? ? `-' 06709030 "' 0 s J. WILLIAM FILLING, PRESIDENT, :IN THE COUR OF COMMON PLEAS BETTERLIVING PATIO & SUNROOMS :OF YORK CO TY, PENNSYLVANIA Of CENTRAL PA, Plaintiff :NO.: V. STACY ZORN and LAVAN ZORN, Defendants :CIVIL AVISO USTED HA SIDO DEMANDADO/A EN CORTE. las demandas que se presentan mas adelante en las siguient dentro de los proximos veinte (20) d]as despues de la no Aviso radicando personalmente o por medio de un abogad4 radicando en la Corte por escrito sus defenses de, y objecion aqui en contra suya. Se le advierte de que si usted falla de t anteriormente, el caso purede proceder sin usted y un fallo reclamada en ]a demanda o cualquier otra reclamacion demandante puede ser dictado en contra suya por la Cc USTED PUEDE PERDER DINERO, O PROPIEDADI IMPORTANTES PARA USTED. USTED DEBE LLEVAR ESTE DOCUMET INMEDIATAMENTE. SI USTED NO TIENE UN A PAGARLE A UNO, LLAME O VAYA A LA SICI AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENQ Lawyer Re The York Cou York cou 137 East -LAW Si usted desea defenderse de s paginas, debe tomar accion ficacion de esta Demanda y una comparecencia escrita y > a, las demandas presentadas mar accion como se describe for cualquier suma de dinero remedio solicitado por el to sin mas aviso adicional. > U OTROS DERECHOS A SU ABOGADO ,DO O NO PUEDE fE OFICINA PARA LEGAL. 0 11 • J. WILLIAM FILLING, PRESIDENT, :IN THE COUR OF COMMON PLEAS BETTERLIVING PATIO & SUNROOMS :OF YORK CO TY, PENNSYLVANIA Of CENTRAL PA, Plaintiff :NO.: v V. STACY ZORN and LAVAN ZORN, , Defendants :CIVIL ACTIO -LAW COMPLAINT Plaintiff, Contractor, by and through his attorneys, The Law ffices of Patrick Fe Lauer, Jr., t1?C, hereby files this complaint against Defendant, Owner, and in upport thereof, avers as lows: 1. Plaintiff, Contractor, is a corporation organized ano existing under the laws of the Commonwealth of Pennsylvania with an office located at 685 Yorktown Road, Suite 1, Lewisberry, York County, Pennsylvania, 17339. 2. Defendants, Owners, are Pennsylvania residents re?iding at 101 Willow Mill Road, Mechanicsburg, Pennsylvania 17050. 3. On or about January 31, 2005, Contractor and O rs entered into an agreement to build a four-season sunroom on property located at 101 Will w Mill Road, Mechanicsburg, Pennsylvania 17050.A copy of said contract is attached heret as Exhibit "A" and is incorporated herein by reference. 4. Pursuant to the contract, Contractor was obligated ?o begin construction after Owner secured proper financing. 5. Owners secured financing and Plaintiff began construction in August, 2005. 6. Paragraphs (1) through (5) are incorp?,?hrough reference. i • 7. On or about January 31, 2005, Plaintiff and Defend is reached an agreement whereby: A. Plaintiff would construct the sunroom for a rice of $28,746.00. B. Payment to Plaintiff would be made in three 'nstallments: a deposit, the date on which materials were delivered, and the balance upon 8. On or about August 9, 2006, Contractor made an or agreement with the Owners to reduce the contract price to match the amount of financing, re ulting in a $1250.18 decrease and thereby reducing the contract price to $27,495.81 9. Upon learning that the Contractor was reducing the rice of the contract, the Owners made the decision to increase the square footage of the deck d therefore increase the amount of the contract to $28,495.82. 10. On August 24, 2005, the Owners signed a change Order that increased the square footage again, increasing the contract price by an additional $00.00. The change order is hereto as Exhibit "B" and incorporated by reference herein. 11. Pursuant to the contract, payments were to be ma in installments that corresponded with the level of the completion of construction, with the last ayment being due on the date of project completion. 12. The payment that was due upon completion is $7,36.32 which reflects the final check that was to be issued by the finance company, $1,500.00 in a:Is ditional square footage, less $1 that was taken off of the total amount due for minor complai by Owners. 13. Owners breached their contract with Contractor bk failing to remit the remainder contract price to the Contractor on the agreed upon date. 14. Defendant's breach of contract is material and in no way constitutes substantial performance of the terms of said contract. 067090 067,09032( 0 0 WHEREFORE, Plaintiff, Contractor, respectfully this Honorable Court to enter judgment in its favor and against the Defendant, Owner, in the amount of $7,336.32, plus interest and costs incurred in the prosecution of this matter and any o er remedy the Court may order. Respect lly submitted, Shana M ugl?, $ mre 2108 M ket Stre t, Aztec Building Camp Hi 1, PA 1 70 1 1-4706 ID# 200 52 Tel. (717) 763-1800 Date: llr L -( I 06709032(06 ?.,,a... 06709032(20 II J. WILLIAM FILLING, PRESIDENT, :IN THE COUR OF COMMON PLEAS BETTERLIVING PATIO & SUNROOMS :OF YORK CO TY, PENNSYLVANIA Of CENTRAL PA, Plaintiff V. STACY ZORN and LAVAN ZORN, :NO.: Defendants :CIVIL VERIFICATION I verify that the statements made in the foregoing do best of my knowledge, information, and belief. To the ex, based upon an understanding or application of law, I have i Verification. I understand that false statements herein are made C.S. § 4904, relating to unworn falsification to authorities. Date: K -W-06 3206" 709032( -LAW tent are true and correct to the that any of the averments are I upon counsel in making this ect to the penalties of 18 Pa. Mark W. Allshouse, Esquire Attorney ID # 78014 4833 Spring Road Shermans Dale, PA 17090 (717) 582-4006 Attorney for Defendants J. WILLIAM FILLING, PRESIDENT IN THE COURT OF COMMON PLEAS BETTER LIVING PATIO & SUNROOMS : OF CUMBERLAND COUNTY, PENNSYLVANIA OF CENTRAL PA, Plaintiff NO. 2006-3116 : CIVIL ACTION -LAW STACY ZORN and LAVAN ZORN, Defendants JURY TRIAL DEMANDED MOTION TO JOIN AN ADDITIONAL DEFENDANT PURSUANT TO PA. R.C.P. 2253 AND NOW, comes Defendants, Stacy Zorn and LaVan Zorn, by and through their attorney, Mark W. Allshouse, Esquire, and respectfully file the following Motion to Join an Additional Defendant pursuant to Pennsylvania Rule of Civil Procedure 2253, and in support thereof aver as follows: 1. On or about March 6, 2006 Plaintiff filed a Complaint in the above-captioned matter in the York County Court of Common Pleas. 2. Thereafter, on April 18, 2006 the undersigned, as counsel for Defendants, filed Preliminary Objections and a Brief in support thereof in the York County Court of Common Pleas alleging lack of proper venue and that the venue for the action should be Cumberland County Court of Common Pleas. 3. Thereafter, on or about May 1, 2006, counsel for Plaintiff and Defendants signed a Stipulation and proposed Order transferring the matter to Cumberland County Court of Common Pleas. A true and correct copy of the Stipulation and Order is attached hereto and made a part hereof as Exhibit "A". 4. On or about June 6, 2006, counsel for Plaintiff discontinued the action in York County. A true and correct copy of the discontinuance is attached hereto and made a part hereof as Exhibit "B". 5. Thereafter, Defendants advised Plaintiff that they were obtaining an expert engineer and report with regard to the structural deficiencies. 6. As a result of that pending report, it was agreed by counsel for Plaintiff and counsel for Defendants that Defendants would not be required to file an Answer to Plaintiff's Complaint until such time as Defendants had obtained an expert engineer's report, provided a copy of the same to Plaintiff, and had been given a proper 10-Day Notice. A true and correct copy of the letter acknowledging the stay of proceedings pending the engineer's report is attached hereto and made a part hereof as Exhibit "C". 7. Thereafter, on or about July 25, 2006, the undersigned provided to Plaintiff a copy of the engineer's report referenced in Defendant's Counterclaim in the above-captioned matter. 8. Thereafter, on September 18, 2006, the undersigned contacted counsel for Plaintiff with regard to their position after reviewing the engineer's report as it had been approximately sixty (60) days since the report was provided with no contact from Plaintiff. A true and correct copy of that correspondence is attached hereto and made a part hereof as Exhibit «D„ 9. The undersigned again contacted counsel for Plaintiff on October 19, 2006 with regard to their position after reviewing the engineer's report because he had received no response to the September 18, 2006 letter. A true and correct copy of that correspondence is attached hereto and made a part hereof as Exhibit "E". 10. Thereafter, on or about October 25, 2006, the undersigned received correspondence from Patrick F. Lauer, Jr., Esquire who advised that Shana Pugh, Esquire was no longer with his office and that he would personally be handling the matter and suggested settlement. 11. Thereafter, Defendants received a 10-Day Notice dated October 26, 2006. 12. Defendants have filed their Answer with New Matter and Counterclaim to Plaintiff's Complaint simultaneously herewith. 13. The above information demonstrates to the Court reasonable justification for Defendants' delay in commencing these joinder proceedings. 14. The agreement between the parties attached to Plaintiff's Complaint clearly states that the point of origination for the sale of the four-season sunroom, which forms the center of the dispute between Plaintiff and Defendants, originated at BJ's Wholesale Club, Inc. 15. Defendants believe that Plaintiff is a sub-contractor, agent, affiliate or shares some other financial relationship to BJ's Wholesale Club, Inc. 16. Because BJ's Wholesale Club, Inc. was the vendor of the product involved, it has liability for Defendants' damages. 17. Defendants have attached hereto a copy of the proposed Complaint joining BJ's Wholesale Club, Inc. to the instant litigation as Exhibit "F". 18. Because the justification for delay in commencing the joinder of these proceedings was a result of agreement between the parties in an effort to resolve the matter without litigation, and because this litigation is in the very preliminary pleading stages, Plaintiff can show no prejudice to joinder of Additional Defendant at this time 19. It is believed, and therefore, averred that Plaintiff and Additional Defendant, BJ's Wholesale Club, Inc. are jointly and severally liable. 20. Counsel for Plaintiff objects to the joinder of the Additional Defendant. WHEREFORE, Defendants respectfully request this Honorable Court to enter the attached Order thereby granting Defendants Motion to Join BJ's Wholesale Club, Inc. as an additional Defendant to this litigation. Date: Respectfully submitted, 1 ?Jk W. Allshouse, squire orney I.D. # 7801 833 Spring Road Sherman Dale, PA 17090 (717) 582-4006 Attorney for Defendants Exhibit "A" JUL-11-2006 01:49 PM PATRICK LAUER J, wu u" Fff4m, PII89II7MT OMER LIVM PATIO ek.9UOQM9 OF C8N MALPA, pwatiff V. ITAC.IY QOM W LAVAN ZORPi. vrlfwtt uw 3ldL C X7 IN '13 MU OF OOIMON MIA& 41rYORIC TY,peNNlYLV?IA . NO. *SU-7 M CNMAMON -LAW I' ARID NOW, tltto - dq d =QOd, apart t?b?l?w elm of for oewhad pmpatiggmuw Wpdotkuby min it, fbt the , tth bw ft ORDMMand Q8QA86U 2M "M urthle etoIM lr brr+t+y 4Mle#VW b t,'+mtb d Cauaty, PaersgdVN& Pla?lll' ? bear rnp ooetea imolvrd in trlu?eit? add vebua, ?i aenr of t?mhextand oouayr?cdasdtattr?t6eaotlenupotiawas?r It la Aail?rd 9tRt u+khia tan (1 ? dqu of a+adre od! meueQ ? Cvmb??attd Cotmq .... com otCommu Pim, Ph Wff 9WI take all War aaowmy 4a w ?4a tbava cap?idoed a Awb atatbad tattled m d dueontmaAvrith ptayjadioa is tka Court of riou of Yc* 41M1m 04 pn W&ILoopy Mwe dto na?d.obx - fT P.03 Page 1of 1 r JOL-11-2006 01:50 PM PATRICK LAUER P.04 Page 1 of 1 7t I h y F,. JkJL-11-2006 01:50 PM PATRICK LAUER 7. VALL IAd F11.I. 01 PRRJii HNT ; IN TIM C( 3R2'I> UVrA0 PA17D A 8[lM0NM ; OF YORK OP CBMUL ?A, Plaiad? I NO, Sl" ITALY li y?,a/sY? ??? Y W LAVAN ZOIN, ?aa[Its . W CO&GM PLt3AX NTY,PID 9-fLVAMA at v h? n 1 AND NOW, comae )Piaui! aed DdkA.nu, by wi t1uv* r teePaotivs ww1i and Ma do ibl6v&gftwadm 1. Oa oar aboae die 1 tip day ai riprli, 200& nei&+adwtr Prdlrtlnary objer?luma b P6 'a C7oovtp4dtR is tba abor ted aut?ae wl? to a vamue in %ftA ft aaAan wq iris. 2. Thmaaft, !liana X ". 1044h 0=01 for Phttt 7, received a dhwiu*m bm>f'L MMbt> tgawamaditW*mtC=bwkd J. hi o dw to addrtm tsimm= =bad it DdNxw s' abJedloa , tke PWIN, ckmu*fk& ooaneal. Wilk Oa wp h" to than She mmaa of aallon to the Coin at? oam-ac Plen?aa` d oww' 4. tawnd] la brLpllybowd iweby, the aivmo a fbr re adys pal* wlS,h eeb PaO eestleoebatio% de Bembj a %Xkttao a m*po hmvt mm sVwm dmgMKhW Dam P.05 Page 1 of 1 JOL-11-2006 01:51 PM PATRICK LAUER r. if WFAOP= lti?dYlirnd Daiomdanle br jv?f ?tipulrebn ?arpoctily'+? eldo Hanoml Le entee du read Ordartwcbyrega V14 !MIlN?nl?ad 1n 33eSindante' Pnettmbwy OElad ant. air i yO Atb=W m 0 =90 9106 Mrldt 94net Seib PA 1701 (717) 763-1100 RtinmgfbfFWnd f Dab 51t?Ms AtWWY M 0 78014 4833 BpeizvMP04 (711) 5*0406 Att nwy fbr Zarb P.06 Page 1 of 1 Exhibit "B" J. WILLIAM FILLING, PRESIDENT, BETTERLIVING PATIO & SUNROOMS Of CENTRAL PA, Plaintiff V. STACY ZORN and LAVAN ZORN, Defendants :1N THE COURT OF COMMON PLEAS :OF YORK COUNTY, PENNSYLVANIA NO.: 06-SU-726-YO I :CIVIL ACTION-LAW PRAECIPE TO SETTLE, DISCONTINUE, AND END TO THE PROTHONOTARY: Please mark the above captioned matter Settled, Discontinued, and Ended and close the docket. Respectfully submitted, Shana M. Pugh, Esquire 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 Date: ?? + ID# 200952 Tel. (717) 763-1800 Exhibit "C" THE LAW OFFICES OF PATRICK F. LAUER, JR., L.L.C. 2108 MARKET STREET, AZTEC WELDING CAMP HILL, PENNSYLVANIA 17011 Patrick F. Lauer, Jr., Esq.* (717) 763-1800 FAX (717) 763-4247 Satellite Office: Marlin L. Markley, Esq.** Reply to Camp Hill Address 8 S. Hanover Street Shana M. Pugh, Esq. Carlisle, PA 17013 1-800-822-4-LAW www_dui_ al, April 26, 2006 Mark W. Ailshouse, Esq. 4833 Spring Road Shermans Dale, PA 17090 Dear Attorney Allshouse: As we discussed, I have spoken to Mr. Filling regarding a change in venue. Mr. Filling is agreeable to changing venue from York County to Cumberland County. At your earliest convenience, please forward to me a proposed order and stipulation for my signature. In addition, Mr. Filling has no objection to a stay in the proceedings pending the engineer's report. If you have any questions, please contact me. Very truly yours, 1 ? ! / } isquir Shana M. Pugh, SMP/ *< pR......,a r, ,a ,,. „ T,..,.a A- L- A'..,...--I R..--J -f'1...._1 ,.1.... _ ... Exhibit "D" Mark W. Allshouse, Esquire 4833 Spring Road Shermans Dale, PA 17090 Phone: (717) 582-4006 Fax: (717) 582-7476 Mark(a)ChristianLawyerSolutions. com CHRISTIAN LAWYER SOLUTIONS, LLC October 19, 2006 Shana M. Pugh, Esquire 2108 Market Street Camp Hill, PA 17011-4706 RE: Filling v. Zorn York Co. No. 06-SU-726-Y01 Dear Attorney Pugh: It has been a month since my previous correspondence, and still I have not received any word with regard to your client's position in the above-referenced matter. I am providing this correspondence as a final opportunity to discuss possible resolution of this matter. As you can see by the expert report, my clients have suffered substantial damage to their property and have not received the value for which they paid. While I believe resolution discussions would be helpful, my clients are not willing to have resolution of this matter delayed much longer. Kindly contact me upon receipt of this letter to advise your client's position. If I receive no contact within a reasonable amount of time, I will discuss with my clients the filing of their claims against your client for the poor and workmanlike product provided. Very truly yours, 1 . QQ03 ark W. Allshouse MWA/sa cc: Mr. and Mrs. LaVan Zorn Exhibit "E" Mark W. Allshouse, Esquire 4833 Spring Road Shermans Dale, PA 17090 Phone: (717) 582-4006 Fax: (717) 582-7476 Mark(.WhristianLawyerSolutions. cam CHRISTIAN LAWYER SOLUTIONS, LLC Shana M. Pugh, Esquire 2108 Market Street Camp Hill, PA 17011-4706 RE September 18, 2006 Filling v. Zorn York Co. No. 06-SU-726-Y01 Dear Attorney Pugh: As you recall, I had previously forwarded to you an engineer's report from Criterium-Yingst with regard to the construction issues for the four seasons room constructed by your client. I am writing to inquire if you have had the opportunity to review the same with your client and your ability to discuss any possible resolution of this matter. In the alternative, should that not be an option, kindly contact me and I will certainly file the responsive pleading necessary to move this case forward. Very truly yours, ark W. Allshouse MWA/sa cc: Mr. and Mrs. LaVan Zorn Exhibit "F" Mark W. Allshouse, Esquire Attorney ID # 78014 4833 Spring Road Shermans Dale, PA 17090 (717) 582-4006 Attorney for Defendants J. WILLIAM FILLING, PRESIDENT IN THE COURT OF COMMON PLEAS BETTER LIVING PATIO & SUNROOMS OF CUMBERLAND COUNTY, PENNSYLVANIA OF CENTRAL PA, Plaintiff : NO. 2006-3116 V. STACY ZORN and LAVAN ZORN, Defendants V. BJ' S WHOLESALE CLUB, INC., Additional Defendant CIVIL ACTION -LAW JURY TRIAL DEMANDED NOTICE TO PLEAD TO: BJ's Wholesale Club, Inc., Additional Defendant 1 Mercer Road Natick, MA 01760 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 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Date: Mark W. Allshouse, Esquire Attorney I.D. # 78014 4833 Spring Road Shermans Dale, PA 17090 (717) 582-4006 Attorney for Defendants Mark W. Allshouse, Esquire Attorney ID # 78014 4833 Spring Road Shermans Dale, PA 17090 (717) 582-4006 Attorney for Defendants J. WILLIAM FILLING, PRESIDENT IN THE COURT OF COMMON PLEAS BETTER LIVING PATIO & SUNROOMS OF CUMBERLAND COUNTY, PENNSYLVANIA OF CENTRAL PA, Plaintiff : NO. 2006-3116 V. STACY ZORN and LAVAN ZORN, Defendants CIVIL ACTION -LAW V. BJ' S WHOLESALE CLUB, INC., Additional Defendant JURY TRIAL DEMANDED COMPLAINT JOINING ADDITIONAL DEFENDANT AND NOW, comes Defendants, Stacy Zorn and LaVan Zorn, by and through their attorney, Mark W. Allshouse, Esquire, and respectfully file the following Complaint Joining Additional Defendant, BJ'S Wholesale Club, Inc. and in support thereof aver as follows: 1. Additional Defendant, BJ's Wholesale Club, Inc. (hereinafter "BJ's") is Delaware business having a business address of 1 Mercer Road, Natick, Massachusetts 01760, registered as a foreign business corporation to conduct business in the State of Pennsylvania and having a local address of 3805 Hartzdale Drive, Camp Hill, Pennsylvania 17011. 2. The above-named Defendants, Stacy Zorn and Lavan Zorn are adult individuals having a current address of 101 Willow Mill Park Road, Mechanicsburg, Pennsylvania 17050. 3. In early 2005, Defendants Zorn traveled to BJ's local retail location to inquire about and potentially purchase a four-season sunroom addition for their residential property located at 101 Willow Mill Park Road, Mechanicsburg, Pennsylvania 17050. 4. Defendants reviewed information and costs regarding purchasing a four-season sunroom from BJ's and were able to observe a "sample" sunroom on location. 5. BJ's represented that the goods and services to be received by Defendants would be of superior quality and performed in a good and workmanlike manner meeting industry standards. See attached representation hereby incorporated as Exhibit "A". 6. Defendants relied upon BJ's good reputation for customer service and quality consumer products in entering into the agreement to purchase the four-season sunroom through BJ's. 7. Defendants were induced to enter into the contract based upon the sale of the goods and services from a reputable retail establishment. 8. Thereafter, BJ's turned the sale over to Plaintiff, who acted as BJ's sales representative to provide the materials and labor required. 9. As a result of the information and representations received by BJ's, Defendants entered into a written contract for the purchase and installation of a four-season sunroom with Plaintiff. 10. The Agreement executed between Defendants and Plaintiff clearly states that BJ's is the source of sale. 11. It is believed, and therefore, averred that Plaintiff is a sub-contractor, agent, affiliate or authorized sale and installation representative of BJ's or shares other similar affiliated financial relationship. A. Breach of Contract 12. The averments contained in paragraphs 1 through 11 are hereby incorporated by reference as though fully set forth at length. 13. Plaintiff, as agent for BJ's, failed to perform all work required under a contract in a good and workmanlike manner. 14. Plaintiff, as agent for BJ's, failed to complete all work according to industry standards. 15. Plaintiff, as agent for BJ's, in attempting to perform the work of the contract, caused damage to Defendants' pre-existing home and property. 16. Defendants have requested and provided Plaintiff numerous opportunities in which to remedy the work performed, which opportunities Plaintiff has refused to take. 17. Plaintiff, as agent for BJ's, has failed to honor its warranty or the work performed. 18. The work performed by Plaintiff in numerous instances was or is in violation of local township Code as follows: A. the building failed the underside insulation inspection, B. failed the roof inspection twice, C. failed the roof inspection twice, D. Plaintiff lied on its permitting application and failed to submit proper plans for the bathroom electrical wiring and failed to meet load weight bearing structural requirements of the building code. 19. As a result of Plaintiff's poor and unworkmanlike product did not receive the benefit of the purchase. 20. As a result of the foregoing, Additional Defendant BJ's Wholesale Club, Inc. is in breach of contract. 21. On or about May 9, 2006, Defendants hired a certified engineer to provide an inspection of the four-season sunroom and deck. 22. As a result of that inspection, Plaintiff's work was found to have a number of major deficiencies, to have been done in an unworkmanlike manner and to not meet industry standards or specifications for a four-season sunroom addition in the following ways: A. Major structural problems and deficiencies were observed in the construction and framing of the wood support for the decking, including, but not limited to: (1) the wood decking not being properly attached to the home, (2) the deck not being framed sufficiently to meet load requirements, (3) the rear deck steps were constructed improperly, (4) the twisting of the railing components. B. The sunroom was not properly insulated. C. The sunroom and decking were installed too low, creating a hazardous step into the home, and complicated the routing of the gutters on the exterior of the house for proper drainage of stormwater. D. Light switches were located behind doors. E. Trim work was poor, using a mixed style, type, color and splicing in inaccurate places. F. The bottom row of shingles was improperly installed at the starter course leaving those shingles prone to lifting during wind conditions. G. Large gap near the eves in the right corner of the home where the sunroom attaches. 23. The estimated cost to fix the deficiencies in A (1) through (4) is Five Thousand Seven Hundred Eighty-two and 90/100 Dollars ($5,782.90). 24. The estimated cost to correct the insulation is One Thousand One Hundred Four and 64/100 Dollars ($1,104.64). 25. The estimated cost to correct the elevation deficiency is Two Thousand Six Hundred Thirteen and 55/100 Dollars ($2,613.55). 26. The estimated cost to remedy the large gap is Two Thousand One Hundred Forty- five Dollars ($2,145.00). 27. As a result, the total cost to fix the deficiencies, less the elevation, is estimated to be Seventeen Thousand Four Hundred Twelve and 56/100 Dollars ($17,412.56). 28. The engineer's report further notes that the correction of the elevation may not be feasible and is cost prohibitive, as it is estimated to be Eighteen Thousand Four Hundred Eighty- eight and 75/100 Dollars ($18,488.75). In order to adjust the elevation, the structure would need to be detached from the home, raised and re-attached. 29. The engineer further notes that the attaching supports were not long enough to penetrate through the brick veneer to reach the framing of the home and, therefore, the deck is attached and resting solely on the brick veneer with no support from the home's foundational structure. 30. The stress on the brick veneer without the support of existing frame structure of the home is likely to pull the veneer from the home, as the building sages and leans due to improper attachment and support. 31. Since the engineer's inspection, a piece of gable glass appeared to have dropped down leaving a gap where it connects to the building. 32. As a result of the improperly attached structure, stress is being placed on the existing building and the basement ceiling framework below the addition door has begun to crack and splinter. 33. Removing the sunroom from the home is likely to cause damage to the brick veneer. 34. As a result of the foregoing, Defendants are likely to suffer additional damages which amount is not yet able to be determined. WHEREFORE, Defendants respectfully request this Honorable Court to enter judgment in favor of Defendants and against Additional Defendant in the amount of Thirty-five Thousand Nine Hundred One and 31/100 Dollars ($35,901.31) together with interest, costs of Court and attorneys fees, which amount exceeds arbitration limits and jury trial is demanded. B. Violation of Pennsylvania Unfair Trade Practices and Consumer Protection Law 35. Paragraphs 1 through 31 are hereby incorporated by reference as though fully set forth at length. 36. Additional Defendant's actions constitute a violation under Pennsylvania Unfair Trade Practices and Consumer Protection Law, 73 P. S. 201, et seq. as follows: A. BJ's passed off goods or services of those of another, B. caused a likelihood of confusion or misunderstanding as to the source, sponsorship, approval or certification of goods or services, C. BJ's caused a likelihood of confusion or misunderstanding as to affiliation, connection or association or certification by another, D. represented the goods or services of the sponsorship, approval, characteristics, uses, benefits or qualities that they do not have and that a person has sponsorship, status, affiliation or connection that he does not have. E. represented goods or services to be of a particular standard, quality or grade or that goods are of a particular style or model if they are another. 37. As a result of Additional Defendant's violation of the Unfair Trade Practices Law, Defendants are entitled to treble damages in the amount of One Hundred Seven Thousand Seven Hundred Three and 93/100 ($107,703.93). 38. In addition to treble damages, Defendants are also entitled to costs, Court costs and attorney's fees. 39. Defendants have incurred engineering fees in the amount of One Thousand Eighty-three and 56/100 Dollars ($1,083.56) which fees will continue to accrue as litigation proceeds. 40. Defendants have incurred attorney's fees in an amount of not less than Two Thousand Dollars ($2,000.00) which amount will continue to accrue as litigation proceeds. WHEREFORE, Defendants respectfully request this Honorable Court to enter judgment in favor of Defendants and against Additional Defendant in the amount of One Hundred Ten Thousand Seven Hundred Eighty-seven and 49/100 Dollars ($110,787.49) together with interest, costs of Court and attorneys fees, which amount exceeds arbitration limits and jury trial is demanded. Respectfully submitted, Date: Mark W. Allshouse, Esquire Attorney I.D. # 78014 4833 Spring Road Sherman Dale, PA 17090 (717) 582-4006 Attorney for Defendants VERIFICATION We, LaVan Zorn and Stacy Zorn, verify that the statements in the foregoing document are true and correct to the best of our knowledge, information and belief under penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: LaVan Zorn Date: Stacy Zorn Mark W. Allshouse, Esquire Attorney ID # 78014 4833 Spring Road Shermans Dale, PA 17090 (717) 582-4006 Attorney for Defendants J. WILLIAM FILLING, PRESIDENT IN THE COURT OF COMMON PLEAS BETTER LIVING PATIO & SUNROOMS OF CUMBERLAND COUNTY, PENNSYLVANIA OF CENTRAL PA, Plaintiff NO. 2006-3116 V. STACY ZORN and LAVAN ZORN, Defendants CIVIL ACTION -LAW V. BJ' S WHOLESALE CLUB, INC., : JURY TRIAL DEMANDED Additional Defendant CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document has been duly served upon the following, by depositing a copy of the same in the United States Mail, first-class, postage prepaid, as follows: Patrick F. Lauer, Jr., Esquire 2108 Market Street Camp Hill, PA 17011-4706 Date: Mark W. Allshouse, Esquire Attorney I.D. # 78014 4833 Spring Road Shermans Dale, PA 17090 (717) 582-4006 Attorney for Defendants Exhibit "A" dA4etterlivinSi PATIO & SUNROOMS OF CENTRAL PA 689 Yorktown Road, Suite 1 Lewisberry, PA 17339 717-932-9000 fl Fax 717-932-5304 The BJ's / Betterliving Story - How It Came To Be: BJ's Home Improvement Past In 1997, BJ's Wholesale Club had their first experience with the home improvement business. They created a partnership with a window replacement company out of Washington, DC. The relationship lasted only 9 months. Although many windows were sold, many BJ's members were not satisfied. Promises were not being kept, quality was poor, and installation was substandard. This was largely due to the window company using subcontractors to do the work. There is nothing more important to BJ's than their members' satisfaction. The experience was so bad for BJ's and its members that not only did BJ's cancel the program but they vowed never to venture into home improvements again. So what made them change their minds? By 2001, BJ's reconsidered their decision, because many members were looking for ways to save money on home improvements. BJ's responded to these requests by investigating many of the largest home improvement companies in the country to find an organization they could trust to provide these services to their members. Over the next 2 years, BJ's put these companies through a rigorous interviewing process. They could not afford a repeat of 1997. The basic requirements that BJ's had for a home improvement provider was that the company they selected had to: 1. Have the highest quality materials on the market. 2. Have the highest quality installers in the industry. 3. Offer the best value to BJ's members. 4. Be honest beyond reproach. BJ's Wholesale Club / Betterliving - The Present In August of 2002, Betterliving was selected to be the home improvement provider for BJ's Wholesale Clubs. Their products include sunrooms, patio rooms, replacement windows, and awnings. Betterliving and its dealer network are extremely proud of their affiliation with BTs and are committed to the long-term success of the relationship. To insure that success, Betterliving has to do one thing and one thing only: keep all the promises it makes to BJ's members. A BJ's Wholesale Club member can rest assured that BJ's has done the shopping for them. BJ's has done more research as a corporation in two years than a homeowner could do even if they had 5 years to do it! They have negotiated the best price on behalf of their members. The members can be confident that Betterliving is offering them the best product and the best value in the market today. VERIFICATION We, LaVan Zorn and Stacy Zorn, verify that the statements in the foregoing document are true and correct to the best of our knowledge, information and belief under penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: ??-?-0 CO AVan Zorn Date: Stacy Zo Mark W. Allshouse, Esquire Attorney ID # 78014 4833 Spring Road Shermans Dale, PA 17090 (717) 582-4006 Attorney for Defendants J. WILLIAM FILLING, PRESIDENT IN THE COURT OF COMMON FLEAS BETTER LIVING PATIO & SUNROOMS : OF CUMBERLAND COUNTY, PENNSYLVANIA OF CENTRAL PA, Plaintiff NO. 2006-3116 CIVIL ACTION -LAW STACY ZORN and LAVAN ZORN, Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document has been duly served upon the following, by depositing a copy of the same in the United States Mail, first-class, postage prepaid, as follows: Patrick F. Lauer, Jr., Esquire 2108 Market Street Camp Hill, PA 17011-4706 Date: 'p1lajo ag k W. Allshouse Esquire orney I.D. # 780A4 18'313 Spring Road Shermans Dale, PA 17090 (717) 582-4006 Attorney for Defendants C? ...,a _? `il ___ _? -? ^4 _J ?' .' ?.... :1 r- {,_ . ? Mark W. Allshouse, Esquire Attorney ID # 78014 4833 Spring Road Shermans Dale, PA 17090 (717) 582-4006 Attorney for Defendants J. WILLIAM FILLING, PRESIDENT IN THE COURT OF COMMON PLEAS BETTER LIVING PATIO & SUNROOMS : OF CUMBERLAND COUNTY, PENNSYLVANIA OF CENTRAL PA, Plaintiff : NO. 2006-3116 : CIVIL ACTION -LAW STACY ZORN and LAVAN ZORN, Defendants JURY TRIAL DEMANDED NOTICE TO PLEAD TO: J. William Filling, President Better Living Patio & Sunrooms, Plaintiff c/o Patrick F. Lauer, Jr., Esquire 2108 Market Street Camp Hill, PA 17011-4706 You are hereby notified to file a written response to the enclosed Answer with New Matter and Counterclaim within twenty (20) days from service hereof or a judgment may be entered against you. Date: I I Ito / bb Respectfully submitted, -MuJI 4d A6d&2-' 133()443 k W. Allshouse, quire rney I.D. # 78014 Spring Road Shermans Dale, PA 17090 (717) 582-4006 Attorney for Defendants Mark W. Allshouse, Esquire Attorney 1D # 78014 4833 Spring Road Shennans Dale, PA 17090 (717) 582-4006 Attorney for Defendants J. WILLIAM FILLING, PRESIDENT IN THE COURT OF COMMON PLEAS BETTER LIVING PATIO & SUNROOMS : OF CUMBERLAND COUNTY, PENNSYLVANIA OF CENTRAL PA, Plaintiff NO. 2006-3116 CIVIL ACTION -LAW STACY ZORN and LAVAN ZORN, Defendants JURY TRIAL DEMANDED ANSWER WITH NEW MATTER AND COUNTERCLAIM AND NOW, comes Defendants, Stacy Zorn and LaVan Zorn, by and through their attorney, Mark W. Allshouse, Esquire, and respectfully file the following Answer with New Matter and Counterclaim to Plaintiff's Complaint and in support thereof aver as follows: 1. Admitted upon information and belief. 2. Admitted. 3. Admitted. By way of further response, the source of the sale of the four-season sunroom was BJ's Wholesale Club, Inc. 4. Admitted. 5. Denied. To the contrary, construction did not begin until about the second Monday of September, 2005. Count 1- Breach of Contract 6. Paragraph 6 is a paragraph of incorporation to which no response is necessary. In the event a response is deemed necessary, it is denied. 7. Admitted. 8. Denied as stated. To the contrary, Plaintiff submitted the application and obtained the financing on behalf of Defendants and the amount funded was less than the amount of the contract. By way of further response, Plaintiff reduced the contract amount to match the funded amount. 9. Denied. To the contrary, the deck was required to be redesigned to meet local building code for the step location and accommodate installation of a hot tub. By way of further response, there was no request for additional decking. 10. Admitted. 11. Admitted. By way of further response, construction was to be completed in a good and workmanlike manner by Plaintiff. 12. Denied. To the contrary, Plaintiff never agreed to pay One Thousand Five Hundred Dollars ($1,500) for additional decking. Plaintiff only agreed to pay Five Hundred Dollars ($500) for additional decking as shown on the change order attached as Exhibit "B" to Plaintiff's Complaint. 13. Denied. The averments contained in paragraph 13 are conclusions of law to which no response is required. By way of further response, Defendants refused to provide the final payment because the contract work was not completed in a good and workmanlike manner, was incomplete, failed to meet industry standards and, in fact, has caused damage to Defendants' pre-existing structures and property. 14. Denied. The averment in paragraph 14 is a conclusion of law to which no response is necessary. WHEREFORE, Defendants respectfully request this Honorable Court to enter judgment in favor of Defendants and against Plaintiff, thereby dismissing Plaintiff's Complaint with prejudice. II. NEW MATTER 15. Defendants' Answers to Plaintiff s Complaint contained in paragraphs 1 through 14 herein are incorporated by reference as though fully set forth at length. 16. Plaintiff failed to perform all work required under a contract in a good and workmanlike manner. 17. Plaintiff failed to complete all work according to industry standards. 18. Plaintiff, in attempting to perform the work of the contract, caused damage to Defendants' pre-existing home and property. 19. Defendants have requested and provided Plaintiff numerous opportunities in which to remedy the work performed, which opportunities Plaintiff has refused to take. 20. Plaintiff has failed to honor its warranty or the work performed. 21. The work performed by Plaintiff in numerous instances was or is in violation of local township Code. WHEREFORE, Defendants respectfully request this Honorable Court to enter judgment in favor of Defendants and against Plaintiff thereby dismissing Plaintiff's Complaint. III. COUNTERCLAIM A. Breach of Contract 22. The averments contained in paragraphs 1 through 21 are hereby incorporated by reference as though fully set forth at length. 23. Upon inspection of the building, the Township inspector found Plaintiff's work to be violation as follows: A. building failed the underside insulation inspection, B. building failed the roof inspection on two separate occasions, C. building failed the stairs inspection twice. 24. When the Township inspector came to do the framing inspection, the inspector was told by the Plaintiff that the six-by-six (6 x 6) inside room was going to be a closet. 25. Plaintiffs representation that the 6 x 6 room was going to be a closet was, in fact, not truthful as Plaintiff knew the room was intended to be a bathroom/hot tub room. 26. Thereafter, Defendants were informed by the Township that the paperwork for the permit submitted by Plaintiff on June 5, 2005 and the as built construction of the four-season sunroom did not match in that the electrical plans and the plumbing for the hot tub were never mentioned and that, as a result, the building codes and weight load would be different. 27. In addition, when the four-season sunroom was being constructed, the roof of the home was cut out to start the tie-in to the house. Nothing was done to protect the inside of the existing structure from weather damage. 28. During the tie-in, it rained and water infiltrated into the house inside the plaster wall and into the floor insulation and ran down the ceiling beam into a bucket left by Plaintiff. 29. On or about May 9, 2006, Defendants hired a certified engineer to provide an inspection of the four-season sunroom and deck. A true and correct copy of that report is attached hereto and made a part hereof as Exhibit "A". 30. As a result of that inspection, Plaintiff s work was found to have a number of major deficiencies, to have been done in an unworkmanlike manner and to not meet industry standards or specifications for a four-season sunroom addition in the following ways: A. Major structural problems and deficiencies were observed in the construction and framing of the wood support for the decking, including, but not limited to: (1) the building structure not being properly attached to the home, (2) the deck not being framed sufficiently to meet load requirements, (3) the rear deck steps were constructed improperly, (4) the twisting of the railing components. B. The sunroom was not properly insulated. C. The sunroom and decking were installed too low, creating a hazardous step into the home, and complicated the routing of the gutters on the exterior of the house for proper drainage of stormwater. D. Light switches were located behind doors. E. Trim work was poor, using a mixed style, type, color and splicing in inaccurate places. F. The bottom row of shingles was improperly installed at the starter course leaving those shingles prone to lifting during wind conditions. G. Large gap near the eves in the right corner of the home where the sunroom attaches 31. The estimated cost to fix the deficiencies in A (1) through (4) is Five Thousand Seven Hundred Eighty-two and 90/100 Dollars ($5,782.90). 32. The estimated cost to correct the insulation is One Thousand One Hundred Four and 64/100 Dollars ($1,104.64). 33. The estimated cost to attempt to lessen the elevation deficiency is Two Thousand Six Hundred Thirteen and 5 5/100 Dollars ($2,613.55). 34. The estimated cost to remedy the large gap in the sunroom attachment is Two Thousand One Hundred Forty-five Dollars ($2,145.00). 35. As a result, the total cost to fix the deficiencies, less the elevation, is estimated to be Seventeen Thousand Four Hundred Twelve and 56/100 Dollars ($17,412.56). 36. The engineer's report further notes that the complete correction of the elevation may not be feasible and is cost prohibitive, as it is estimated to be Eighteen Thousand Four Hundred Eighty-eight and 75/100 Dollars ($18,488.75). In order to adjust the elevation, the structure would need to be detached from the home, raised and re-attached. 37. The engineer further notes that the attaching supports were not long enough to penetrate through the brick veneer to reach the framing of the home and, therefore, the deck is attached and resting solely on the brick veneer with no support from the home's foundational structure. 38. The stress on the brick veneer without the support of existing frame structure of the home is likely to pull the veneer from the home, as the building sages and leans due to improper attachment and support. 39. Removing the sunroom from the home is likely to cause damage to the brick veneer. 40. Since the engineer's inspection, and as a result of the settling of the sunroom, a piece of glass has shifted and appears to have dropped out, leaving a gap at the top of the structure where it connects to the building. 41. The stress of the improperly attached and framed structure has caused the basement ceiling framing and infrastructure of the pre-existing home to crack and splinter. 42. As a result of the foregoing, Defendants are likely to suffer additional damages which amount is not yet able to be determined. 43. Defendants have already paid to Plaintiff Twenty-one Thousand Five Hundred Fifty-nine and 501100 Dollars ($21,559.50). WHEREFORE, Defendants respectfully request this Honorable Court to enter judgment in favor of Defendants and against Plaintiff in the amount of Thirty-five Thousand Nine Hundred One and 31/100 Dollars ($35,901.31) together with interest, costs of Court and attorneys fees, which amount exceeds arbitration limits and jury trial is demanded. III. COUNTERCLAIM B. Violation of Pennsylvania Unfair Trade Practices and Consumer Protection Law 44. Paragraphs 1 through 43 are hereby incorporated by reference as though fully set forth at length. 45. Plaintiff's actions constitute a violation under Pennsylvania Unfair Trade Practices and Consumer Protection Law, 73 P.S. 201, et seq. 46. Specifically, Plaintiff has violated the statue by: A. represented that the goods and services provided to Defendants were of particular standard quality or grade and, indeed, they were not, B. Failure to comply with the terms of the written guarantee or warranty to purchaser, C. Making repairs, improvements or replacements upon tangible real property which were in nature of a quality inferior to or below the standard agreed upon in writing. 47. As a result of Plaintiff's violation of the Unfair Trade Practices Law, Defendants are entitled to treble damages in the amount of One Hundred Seven Thousand Seven Hundred Three and 93/100 ($107,703.93). 48. In addition to treble damages, Defendants are also entitled to costs, Court costs and attorney's fees. 49. Defendants have incurred engineering fees in the amount of One Thousand Eighty-three and 56/100 Dollars ($1,083.56) which fees will continue to accrue as litigation proceeds. 50. Defendants have incurred attorney's fees in an amount of not less than Two Thousand Dollars ($2,000.00) which fees will continue to accrue as litigation proceeds. WHEREFORE, Defendants respectfully request this Honorable Court to enter judgment in favor of Defendants and against Plaintiff in the amount of One Hundred Ten Thousand Seven Hundred Eighty-seven and 49/100 Dollars ($110,787.49) together with interest, costs of Court and attorneys fees, which amount exceeds arbitration limits and jury trial is demanded. Respectfully submitted, Date: ( ?lF M k W. Allshouse, quire A rney I.D. # 78014 4833 Spring Road Sherman Dale, PA 17090 (717) 582-4006 Attorney for Defendants Exhibit "A" F E) Y I N G S T CENTRAL PA: 421 W. CHOCOLATE AVENUE HERSHEY, PA 17033 TEL 717 533-3346 1 800 231-3346 (PA) FAX 717 533-3376 ENGINEERS July 19, 2006 Mr. and Mrs. LaVan Zorn 101 Willow Mill Park Road Mechanicsburg, PA 17050 WESTERN PA: 322 FAWCETT CHURCH ROAD BRIDGEVILLE, PA 15017 TEL 1 800 231-3346 (PA) FAX 717 533-3376 Re: Limited Inspection - Sunroom and Deck Construction Deficiencies - May 9th, 2006 101 Willow Mill Park Road Mechanicsburg, PA 17050 Job# 06-0208 Dear Mr. and Mrs. Zorn: At your request an inspection of the above property was performed on May 9th, 2006. The report that follows has been prepared based on that inspection. The primary purpose of the inspection and this report is to evaluate construction quality of the home. In addition, to the site inspection, I also reviewed the following documents: • Structural Load Investigation Report from Dixon Structural Consultants, S.P., containing Photographs, Drawings, and Calculations (33 pages). • Correspondence between you and Betterliving Patio and Sunrooms of Central Pa., dated 9/27/05 through 2/3/06 (approximately 170 pages). This inspection was performed by and report written by David L. Stakem, P.E. Further, the project has been supervised by Stephen M. Yingst, P.E. As you requested, this evaluation is limited in scope, focusing on the construction quality only. This inspection report is primarily limited to observations made from visual evidence and a review of the provided documents. No destructive or invasive testing was performed and we reserve the right to add to or modify our comments should further evaluation be performed or additional information be provided regarding the home. For your reference while reading the report that follows, the following definitions may be helpful: LICENSED PROFESSIONAL ENGINEERS BUILDING DIAGNOSTICS INSPECTIONS ANALYSIS MAINTENANCE PLANNING DESIGN 40 Zorn July 19, 2006 Excellent- Component or system is in "as new" condition requiring no rehabilitation and should perform in accordance with expected performance. Good - Component or system is sound and performing its function, although it may show signs of normal wear and tear. Some minor rehabilitation work may be required. Fair - Component or system falls into one or more of the following categories: a) Evidence of previous repairs not in compliance with commonly accepted practice, b) Workmanship not in compliance with commonly accepted standards, c) Component or system is obsolete, d) Component or system approaching end of expected performance. Repair or replacement is required to prevent further deterioration or to prolong expected life. Poor - Component or system has either failed or cannot be relied upon to continue performing its original function as a result of having exceeded its expected performance, excessive deferred maintenance, or state of disrepair. Present condition could contribute to or cause the deterioration of other adjoining elements or systems. Repair or replacement is required. All ratings are determined by comparison to other buildings of similar age and construction type. Further, some details of workmanship and materials will be examined more closely in higher quality homes where such details of workmanship and materials typically become more relevant. This inspection and report have been conducted in compliance with the standards of practice of the National Academy of Building Inspection Engineers. DESCRIPTION This addition to this home is a one story sunroom enclosure with a treated lumber deck. This structure is attached to the rear of the home. This sunroom was installed on the rear of this home in the September/October of 2005 timeframe. For purposes of this report, all directions (left, right, rear, etc.) are taken from the viewpoint of an observer standing in front of the building and facing it. INSPECTION FINDINGS There are a number of major deficiencies as described below that either do not meet typical building standards, are not compliant with typical workmanship standards, and/or do not meet the specifications and plans for the sunroom addition. This home was reported as being located in Silver Spring Township, Cumberland County. Township officials were contacted and reported that this sunroom addition was constructed under the requirements of the 2003 International Residential Code for One- and Two- Family Dwellings,. 1 2003 International Residential Code® for One- and Two-Family Dwelling, International Code Council, January 2003. Criterium-Yingst Engineers 2 /j a ? , zorn July 19, 2006 Estimated repair costs for the noted deficiencies are provided. These costs are based on the "2006 National Construction Estimator", Craftsman Book Company as well as our experience with local labor and material costs for similar projects. As appropriate, the Craftsman Book Company rates were adjusted for inflation and local area factors. Note that the cost listed under each individual item is the subcontract cost only and does not include normal general contractor supervision, overhead, profit or any contingency. At the end of the report, additional cost factors are provided for the general contractor's supervision, overhead, profit and contingency. 1. Several major structural problems were observed with the construction of the sunroom framing and wood support decking: a. The wood decking supporting the sunroom structure is not properly attached to the framing of the home. Lag screws are installed through the deck plate (2x8 member) and into the brick veneer on the rear of the home. The lag screws appear to be %2" by 43/4" long (judging by an uninstalled lag screw remaining at the site). These lag screws are located on approximate 32" centerline to centerline spacing. The band joist of the home was visible on the interior of the basement area. There were no indications of penetration of the lag screws through the band joist. At 43/4" long, these lag screws are not long enough to penetrate through the brick veneer to reach the framing of the home and therefore, this portion of the deck is only support by the brick veneer. b. The wood decking is not framed sufficiently to meet the loading requirements of the intended hot tub which is to be installed on the deck. If the hot tub is to be located on the rear right corner area of the decking, additional support structure will need to be installed. In order to safely and adequately support the Coleman Spa Model C461, it is recommended that additional vertical supports with proper footings, additional joists, additional blocking, and additional support connectors be installed consistent with Appendix B of the Dixon Structural Consultant report dated 11/1 /2005. c. The steps to the rear deck have not been constructed according to good workmanship standards and do not comply with the requirements of the 2003 IRC2. The risers on these steps were measured at 7'/4" to 8" in height, with the treads being 11" wide. The current codes require that the steps are to be consistent in height within 3/8" over the entire flight of stairs with a maximum riser height of 73/4". This requirement is to minimize the tripping hazard associated with having steps of varying height. In addition, the handrail along these steps is not properly secured to the stairway. There is an inordinate amount of movement associated with the railing when it is used. d. Many of the railing components (upper and lower rail) on the deck have twisted and are pulling away from the support columns. It appears that the lumber used was not of sufficient quality or the railing members were not adequately secured to prevent the warping and twisting that has occurred. In addition, there are several areas where wood boring bees have bored into the treated lumber framing, making the quality of the lumber further suspect. 2 R311.5.3, 2003 International Residential Code® for One- and Two-Family Dwelling, International Code Council, January 2003. it Criterium-Yingst Engineers 3 /f ® j Zorn July 19, 2006 Table N1102.1, 2003 International Residential Code® for One- and Two-Family Dwelling, International Code Council, January 2003 !' Criterium-Yingst Engineers 4 1/ t ® r To correct the framing deficiencies will require significant resources. Most of these deficiencies are the result of improper construction techniques and/or improper materials selection. The installation of additional support columns and girders will be required to safely support the area where the hot tub spa is to be located. These modifications will need to bring the deck into compliance with the allowable loading and spans set forth in the 2003 IRC codes3. Proper attachment to the structural framing of the home will also need to be accomplished. Unless this deck is constructed as free standing, which it is not, the framing of the decking needs to be attached to the primary structure and designed to both vertical and lateral loads. Additional fasteners will need to be installed to secure the deck framing to the structural framing of the home. The stairway and railing to the rear deck will need to be re-built in a manner consistent with the requirements of the current codes. This will include consistent riser height, railing height, proper attachment of the railing, and properly securing the stair runners to the deck framing. The warped and twisted railing members should be replaced and the new members adequately secured to the support posts. Estimated subcontract cost: $ 5,783.90 2. The insulation under the decking consists of 61/2" inches of un-faced fiberglass insulation installed between the floor joists. This insulation is wrapped with a protective barrier for ease of handling which according to the manufacturer, Johns Manville, also acts as a vapor barrier. In addition to the insulation in the cavities of the floor joists, 4' by 8' sheets of 1/2" thick Super Tuff-R has been installed across the underside of the floor joists. This Tuff-R board was labeled as having an R-value of 3.3, giving the floor system a total R-value of 22.3, assuming the 61/2" insulation has an R-value of 19.0. Current codes call for an R-value for floors in this climate zone to be a minimum of R-21.4 The insulation is exposed in the areas between the girders, along with a few other open areas, minimizing the effect the Tuff-R board installation on the bottom of the rafters. With these cavities open, the effective insulating value is still limited to the value of the fiberglass insulation, R-19. In addition, because this area is not protected, rodents and animals can gain access to the rafter cavities above the Tuff-R board. To correct this condition, all cavities should be sealed and protected by a minimum of R-21 to comply with current codes. We also had a similar discussion regarding the R-value of the roofing system on this sunroom, where you indicated that the R value of the roof was not installed to minimum standards, however this insulation was not visible and no invasive testing was conducted during this inspection. Estimated subcontract cost: $ 1,104.64 r s 2003 International Residential Code® for One- and Two-Family Dwelling, International Code Council, January 2003. ;'? a zorn July 19, 2006 3. The elevation of the installed sunroom and decking is too low. The correct elevation of the sunroom should have been higher than the current installation by approximately 2". Because of the current elevation, there is a small step into the bedroom from the sunroom. The brick on the home is exposed at this transition. In addition, the exterior door from the sunroom to the bedroom has been installed at the wrong elevation. As a result of this elevation, the carpet was cut to allow for the door to swing inward. The door should have been installed 3/4" higher to allow for the clearance necessary to clear the carpet when it is opened. Instead the door was installed at the elevation of the top of the floor joists rather than at the elevation of the top of the hardwood flooring beneath the carpet. The elevation of the sunroom addition has also complicated the routing of the gutters on the exterior of the home. Because the elevation was set too low, the gutters from the sunroom are not high enough to flow into the gutters of the existing portions of the home and therefore additional downspouts needed to be installed. These downspouts are routed from the left side of the sunroom, under the decking, and to the right side of the home. The myriad of downspout pipes and connections detracts from the aesthetics of the sunroom addition and necessitates additional maintenance to keep these downspout extensions operating properly. To properly correct the elevation of the sunroom would require that the entire deck be raised to the level of the 2nd floor of the home. This would allow for the elimination of the brick partial step from the sunroom to the bedroom, the proper installation of the door to accommodate the carpeting in the bedroom, and allow for the best utilization of the existing gutter and downspout system rather than the myriad of pipes running under the deck. The estimated cost associated with raising the elevation of the surlroom and deck is $18,488.75. This would. include raising the deck and installing new support columns, elevating the level of the roof structure and rejoining it with the existing roof. This would allow for the installation of the entrance door at the proper elevation, eliminating the step and allowing the door to operate with carpet installed. This would also necessitate the installation of a new set of stairs, which is recommended in any case. Alternate corrections could be employed to compensate for the improper elevation of the sunroom, however, these corrections would be less than ideal. Removing and reinstalling the door at the proper elevation is recommended. This may cause an increase in the current step to the sunroom, however it will allow the door to open with carpeting installed in the bedroom. The carpeting in the bedroom should be replaced to repair the area that has been cut out to allow the door to function. In addition, more permanent and direct piping is recommended for the downspouts as they are routed under the sunroom at this time. Estimated subcontract cost: $ 2,613.55 4. The following additional items were noted and are considered below typical workmanship standards: a. The light switches installed in the bedroom are improperly located. They are behind the / door as the door is opened. These switches should be located near the latching side of the door. / f Criterium-Yingst Engineers 5 l Z? ! Zorn July 19, 2006 b. The workmanship of the interior baseboard, casing, and ceiling molding is poor. Baseboard molding has been used where casings should have been installed. Ranch casing molding has been used as ceiling molding, where crown type molding is typically installed. There is a mix of colonial-style and ranch-style moldings used in this sunroom addition. In addition, some casings have been installed upside down, with the thickest edge along the edge of the doorway. The casing along the top of the interior door to the bathroom is spliced in two pieces. Also, several pieces of the moldings have not been properly secured and are coming loose. All of the trim should be removed and proper trim installed and adequately secured. c. The bottom row of shingles has not been installed properly. The starter course of shingles should have the exposed tab removed from the shingle prior to installing it. This allows the tar strip on the shingle to seal to the first row of shingles. Instead, it appears that the first row of underlying row of shingles was simply turned upside down leaving the tar strip approximately 5 inches above the roof edge. As a result of this installation, the first row of shingles will not be sealed down along the edge and thus will be more prone to lifting during high wind conditions. This can be corrected by installing a small amount of roofing cement under each shingle tab. d. There is a hole near the eaves at the right rear corner of the home where the sunroom attaches to the main structure of the home. This large gap will allow moisture, animals, and insects to enter the attic and access the framing of the home. This area should be properly finished off and sealed to prevent moisture and critter entry. Estimated subcontract cost: $ 2,145.10 The following information summarizes the estimated total costs for the above repairs: • Total subcontract direct costs: $ 11,647.19 • General contractor supervision (15%): $ 1,747.08 • Subtotal $ 13,394.27 • Overhead (10%): $ 1,339.43 • Profit (10%) $ 1,339.43 • Contingency (10%) $ 1,339.43 • TOTAL PROJECT COST $ 17,412.56 While correcting the elevation of the sunroom may not be fiscally feasible (estimated at $18,488.75 just for raising the structure), it is my opinion that, at a minimum, the items discussed above should be properly addressed to bring all of the construction to an acceptable condition. As with any investigation, the above conclusions are based on visible evidence and reported information provided to date. As a result, we reserve the right to review and revise our comments and opinions should additional information become available or additional investigation be performed. Criterium-Yingst Engineers 6 ;' ?' Zorn July 19, 2006 This letter is presented as an inspection report and general outline of the recommended repairs. It is not a detailed plan of repair. If you desire, we can provide additional sketches and specifications for the repairs, however, there would be an additional charge for this service. Thank you for the opportunity to be of service and please call if you have any additional questions. Sincerely, David L. Stakem, P.E. CRITERIUM-YINGST ENGINEERS, INC U,;, vv t A ? DLS/dls fco) PROFESSIONhi j DAVID Li E ST/ 4Z-N, ,j -o YL Criterium-Yingst Engineers 7 t Location: 101 Willow Mill Park Road Mechanicsburg, PA 17050 Photo Taken Bv: r 4WI D. Stakem, P.E. Date: May 9, 2006 Description: Gaps between the members of the girder, allowing access to the floor joist cavities PHOTOGRAPH 2 Location: 101 Willow Mill Park Road Mechanicsburg, PA 17050 Photo Taken By. D. Stakem, P.E. Date: May 9, 2006 10 Description: Gaps in flooring inside door to bedroom PHOTOGRAPH 3 Location: 101 Willow Mill Park Road Mechanicsburg, PA 17050 Photo Taken By. D. Stakem, P.E. Date: May 9, 2006 Description: Mismatch of the shingle surfacing PHOTOGRAPH 4 lj i f Location: _ .II 101 Willow Mill Park Road Mechanicsburg, PA 17050 Photo Taken By. D. Stakem, P.E. Date: May 9, 2006 Description: Myriad of downspout routing PHOTOGRAPH ' N- r a, S ` "r -I Y T fi ? 1 m fiu i _ r Location: 101 Willow Mill Park Road Mechanicsburg, PA 17050 Photo Taken By. D. Stakem, P.E. Date: May 9, 2006 Description: Trim installed improperly PHOTOGRAPH 6 . s vm - - - ----7 . -- Location: 101 Willow Mill - s Park Road Mechanicsburg, PA 17050 ' Photo Taken By: D. Stakem, P.E. ? y Date: May 9, 2006 Description: Trim not secured PHOTOGRAPH a. 10 Qua Location: 101 Willow Mill Park Road Mechanicsburg, PA 17050 Photo Taken By. D. Stakem, P.E. Date: May 9, 2006 Description: Unfinished gaps at the eaves PHOTOGRAPH 8 / ?f VERIFICATION We, LaVan Zorn and Stacy Zorn, verify that the statements in the foregoing document are true and correct to the best of our knowledge, information and belief under penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: -/76 6 - an orn Date: //p??(i 1,42 " Stacy Zo Mark W. Allshouse, Esquire Attorney ID # 78014 4833 Spring Road Shermans Dale, PA 17090 (717) 582-4006 Attorney for Defendants J. WILLIAM FILLING, PRESIDENT IN THE COURT OF COMMON PLEAS BETTER LIVING PATIO & SUNROOMS : OF CUMBERLAND COUNTY, PENNSYLVANIA OF CENTRAL PA, Plaintiff : NO. 2006-3116 : CIVIL ACTION -LAW STACY ZORN and LAVAN ZORN, Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document has been duly served upon the following, by depositing a copy of the same in the United States Mail, first-class, postage prepaid, as follows: Patrick F. Lauer, Jr., Esquire 2108 Market Street Camp Hill, PA 17011-4706 Date: 11 Mar W. Allshouse, Esquire Attorney I.D. # 78014 4833 Spring Road Shermans Dale, PA 17090 (717) 582-4006 Attorney for Defendants r'' vc? -r? _ ? ? '' ? ? ? s== , _ A,? ?- ? . t l?? _,?: ya ?, ??,. .. ? ?t _- ? ?'_? C',.t y1 "?" . ? J. WILLIAM FILLING, IN THE COURT OF COMMON PLEAS OF PRESIDENT, BETTER CUMBERLAND COUNTY, PENNSYLVANIA LIVING PATIO & SUNROOMS OF CENTRAL PA, Plaintiff V. CIVIL ACTION - LAW STACY ZORN and LAVAN ZORN, Defendants NO. 06-3116 CIVIL TERM ORDER OF COURT AND NOW, this 8th day of November, 2006, upon consideration of Defendants' Motion To Join an Additional Defendant Pursuant To Pa. R.C.P. 2253, a Rule is hereby issued upon Plaintiff to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY THE COURT, J. esley Oler, , Patrick F. Lauer, Jr., Esq. 2108 Market Street Camp Hill, PA 17011 Attorney for Plaintiff Mark W. Allshouse, Esq. 4833 Spring Road Shermansdale, PA 17090 Attorney for Defendants J. :rc -; . ? {{`?? ' t?t1? ?? ?,4 ? , ?. ?' '` fa u •u ?F?j?'? ,t-: ?1 ..??-? .? ??7;i ? r?_r-1 ? t; ^;,wJ%_ J. WILLIAM FILLING, PRESIDENT IN THE COURT OF COMMON PLEAS BETTER LIVING PATIO & SUNROOMS CUMBERLAND COUNTY, PENNSYLVANIA OF CENTRAL PA, Plaintiff : DOCKET NO.: 2006 - 3116 STACY ZORN and LAVAN ZORN, Defendants CIVIL ACTION - LAW PLAINTIFF'S OBJECTION TO MOTION TO JOIN ADDITIONAL DEFENDANT PURSUANT TO PA. R.C.P. 2253 AND NOW, comes Plaintiff, J. William Filling, President of Better Living Patio and Sunrooms of Central Pennsylvania, by and through his attorney, the Law Offices of Patrick F. Lauer, Jr., L.L.C., and respectfully answer the Rule to Show Cause and Motion herein. 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted in part. Denied in part. It is admitted that as a result of the pending report, it was agreed by counsel for Plaintiff and Defendants that the Defendants would not be required to file an Answer to Plaintiffs Complaint until such time as Defendants had obtained an engineer's report, provided a copy of the same to Plaintiff, and had given a proper ten (10) Day- Notice. It is admitted a true and correct copy of the letter acknowledging the stay of proceedings pending the engineer's report is attached hereto and made a part hereof as Exhibit "C." It is denied that Plaintiff agreed to an extension for the Defendants to file an Answer and join additional Defendants. 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted. 11. Admitted. 12. Admitted. 13. Denied. It is denied that the above information demonstrates to the Court reasonable justification for Defendants' delay in commencing those joinder proceedings. The agreement between counsel on the delay in filing the proceedings was to Answer the Complaint and not join additional Defendants and furthermore, the Defendant knew or had reason to know all of the information regarding BJ's Wholesale Club, Inc., and should have informed Plaintiff of their intent to join additional Defendants at the time they requested an extension to Answer said Complaint. 14. Denied. Strict proof is demanded at trial, and by further answer, the original sale occurred at Defendant's residence. The advertising source occurred at BJs Wholesale Club, Inc. 15. Denied. Strict proof is demanded at trial. 16. Denied. Strict proof is demanded at trial. 17. Admitted. 18. Denied. Strict proof is demanded at trial. 19. Denied. Strict proof is demanded at trial. 20. Admitted. r WHEREFORE, Plaintiff requests your Honorable Court to deny Defendants Request to Join Additional Defendant's BJ's Wholesale Club, Inc. as an additional Defendant to this litigation. Respectfully submitted, - i- PP 'ck F. Lauer, Jr., Esquire Law Offices of Patrick F. Lauer, Jr., LLC 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 t Dated: ID# 46430 Tel. (717) 763-1800 l \'?Z? J. WILLIAM FILLING, PRESIDENT BETTER LIVING PATIO & SUNROOMS OF CENTRAL PA, Plaintiff STACY ZORN and LAVAN ZORN, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO.: 2006 - 3116 : CIVIL ACTION -LAW VERIFICATION I, J. William Filling, President of better Living Patio & Sunrooms of Central Pennsylvania, state that I am the Plaintiff in the above-captioned case and that the facts set forth in the above Plaintiffs Objection to Motion to Join Additional Defendant are true and correct to the best of my knowledge, information, and belief. I realize that false statements herein are subject to the penalties for unworn falsification to authorities under 18 Pa. C.S. § 4904. f Date:Signature: '' J. William Filling J. WILLIAM FILLING, PRESIDENT : IN THE COURT OF COMMON PLEAS BETTER LIVING PATIO & SUNROOMS CUMBERLAND COUNTY, PENNSYLVANIA OF CENTRAL PA, Plaintiff : DOCKET NO.: 2006 - 3116 STACY ZORN and LAVAN ZORN, Defendants CIVIL ACTION -LAW CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing PLAINTIFF'S OBJECTION TO MOTION TO JOIN ADDITIONAL DEFENDANT upon the person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of the same in the United States Post Office at Camp Hill, Pennsylvania, through first class mail, certified mail, return receipt, prepaid and addressed as follows: Mark W. Allshouse, Esquire Christian Lawyer Solutions, LLC 4833 Spring Road Shermans Dale, PA 17090 ly submitted, Pa rick F. Lauer, Jr., Esquire 7 Dated: /I Z? Law Offices of Patrick F. Lauer, Jr., LLC 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 46430 Tel. (717) 763-1800 N Ct2 ern ? C-15 q J. WILLIAM FILLING, PRESIDENT BETTER LIVING PATIO & SUNROOMS OF CENTRAL PA, Plaintiff STACY ZORN and LAVAN ZORN, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO.: 2006 - 3116 CIVIL ACTION -LAW PLAINTIFF'S REPLY TO DEFENDANTS' COUNTERCLAIM II. NEW MATTER 15. Admitted 16. Denied. Strict proof is demanded at trial. 17. Denied. Strict proof is demanded at trial. 18. Denied. Strict proof is demanded at trial. 19. Denied. Strict proof is demanded at trial. 20. Denied. Strict proof is demanded at trial. 21. Denied. Strict proof is demanded at trial. WHEREFORE, Plaintiff requests your Honorable Court to enter a judgment in favor of Plaintiff. III. COUNTERCLAIM A. Breach of Contract 22. Admitted. 23. A. Admitted, the initial inspection failed, and by further answer said inspection did pass final insulation inspection. B. Denied, the initial roof inspection failed and by further answer Plaintiff re- shingled said roof and it passed roofing inspection. C. Admitted, and by further answer Plaintiff did repair the stairs and they did pass the stairs inspection. The reason the initial stairs inspection failed was because Defendant asked Plaintiff to change the location of the stairs after they were built, and not because of any defective work. 24. Denied. By further answer, it was the Defendant who requested the six-by-six (6 x 6) inside room be listed as a closet. 25. Admitted. 26. Denied. Strict proof is demanded at trial. 27. Denied. Strict proof is demanded at trial. 28. Denied. Strict proof is demanded at trial. 29. Admitted. 30. A. Denied. Strict proof is demanded at trial. (1) Denied. Strict proof is demanded at trial. (2) Denied. Strict proof is demanded at trial. (3) Denied. Strict proof is demanded at trial. (4) Denied. Strict proof is demanded at trial. B. Denied. Strict proof is demanded at trial. C. Denied. Strict proof is demanded at trial. D. Admitted. It is admitted that light switches were previously existing behind the doors, and by further answer it was the Defendants who selected the wrong type of door and in fact insisted on keeping the incorrect door which caused the light switches to be located behind the doors. Plaintiff did not have a contract with Defendant to modify or complete any electrical or plumbing. E. Denied. Strict proof is demanded at trial. F. Denied. Strict proof is demanded at trial. G. Denied. Strict proof is demanded at trial. 31. Denied. Strict proof is demanded at trial. 32. Denied. Strict proof is demanded at trial. 33. Denied. Strict proof is demanded at trial. 34. Denied. Strict proof is demanded at trial. 35. Denied. Strict proof is demanded at trial. 36. Denied. Strict proof is demanded at trial. 37. Denied. Strict proof is demanded at trial. 38. Denied. Strict proof is demanded at trial. 39. Admitted, and by further answer this is no legitimate reason to remove said sunroom. 40. Denied. Strict proof is demanded at trial. 41. Denied. Strict proof is demanded at trial. 42. Denied. Strict proof is demanded at trial. 43. Admitted. WHERFORE, Plaintiff requests your Honorable Court to enter judgment in favor of the Plaintiff and dismiss the Defendants Counterclaim. III. COUNTERCLAIM B Violation of Pennsylvania Unfair Trade Practices and Consumer Protection Law 44. Admitted. 45. Denied. Strict proof is demanded at trial and said allegation is a conclusion of law and no further answer is required. 46. A. Admitted in part. Denied in part. It is admitted Plaintiff represented that the goods and services provided to Defendant were of a particular standard quality or grade; all of the goods provided were of the standard quality as represented. B. Denied. Strict proof is demanded at trial. C. Denied. Strict proof is demanded at trial. 47. Denied. Strict proof is demanded at trial. 48. Denied. Strict proof is demanded at trial. 49. Denied. Strict proof is demanded at trial. 50. Denied. Strict proof is demanded at trial. WHEREFORE, Plaintiff requests your Honorable Court to enter judgment in favorite of Plaintiff and against Defendants and dismiss Defendants' Counterclaim. Respectfully submitted, Dated: ? I " Z z -? Pa ck F. Lauer, Jr., Esquire Law Offices of Patrick F. Lauer, Jr., LLC 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 46430 Tel. (717) 763-1800 J. WILLIAM FILLING, PRESIDENT BETTER LIVING PATIO & SUNROOMS OF CENTRAL PA, Plaintiff STACY ZORN and LAVAN ZORN, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO.: 2006 - 3116 CIVIL ACTION -LAW VERIFICATION I, J. William Filling, President of better Living Patio & Sunrooms of Central Pennsylvania, state that I am the Plaintiff in the above-captioned case and that the facts set forth in the above Plaintiffs Reply to Defendants' Counterclaim are true and correct to the best of my knowledge, information, and belief. I realize that false statements herein are subject to the penalties for unsworn falsification to authorities under 18 Pa. C.S. § 4904. Date: ^2 Z-r Signature: - ?' J. Wil lam Filling J. WILLIAM FILLING, PRESIDENT : IN THE COURT OF COMMON PLEAS BETTER LIVING PATIO & SUNROOMS CUMBERLAND COUNTY, PENNSYLVANIA OF CENTRAL PA, DOCKET NO.: 2006 - 3116 STACY ZORN and LAVAN ZORN, Defendants CIVIL ACTION -LAW CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing PLAINTIFF'S REPLY TO DEFENDANTS' COUNTERCLAIM upon the person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of the same in the United States Post Office at Camp Hill, Pennsylvania, through first class mail, certified mail, return receipt, prepaid and addressed as follows: Mark W. Allshouse, Esquire Christian Lawyer Solutions, LLC 4833 Spring Road Shermans Dale, PA 17090 Dated:2 Plaintiff Patr bj F. Lacier, Jr., Esquire Law Offices of Patrick F. Lauer, Jr., LLC 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 46430 Tel. (717) 763-1800 rIN *`' M c , i " a[ ?:_' C3G iw C . rn , ta J. WILLIAM FILLING, PRESIDENT, BETTER LIVING PATIO & SUNROOMS OF CENTRAL PA, Plaintiff V. STACY ZORN and LAVAN ZORN, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-3116 CIVIL TERM ORDER OF COURT AND NOW, this 11`h day of December, 2006, upon consideration of Defendants' Motion To Join an Additional Defendant Pursuant To Pa. R.C.P. 2253, and of Plaintiff's Objection to Motion To Join Additional Defendant Pursuant To Pa. R.C.P. 2253, Defendant's motion is hereby granted. Defendants shall file their complaint upon Additional Defendant within 20 days of the date of this order. The caption of the matter shall be amended accordingly. BY THE COURT, J. esley Oler, J. /atrick F. Lauer, Jr., Esq. 2108 Market Street Camp Hill, PA 17011 Attorney for Plaintiff s{1' . r r t t. "? Nno c :I !'? )dark W. Allshouse, Esq. 4833 Spring Road Shermansdale, PA 17090 Attorney for Defendants :rc 6 Mark W. Allshouse, Esquire Attorney ID # 78014 4833 Spring Road Shermans Dale, PA 17090 (717) 582-4006 Attorney for Defendants J. WILLIAM FILLING, PRESIDENT IN THE COURT OF COMMON PLEAS BETTER LIVING PATIO & SUNROOMS OF CUMBERLAND COUNTY, PENNSYLVANIA OF CENTRAL PA, Plaintiff : NO. 2006-3116 V. STACY ZORN and LAVAN ZORN, Defendants : CIVIL ACTION -LAW V. BJ'S WHOLESALE CLUB, INC., : JURY TRIAL DEMANDED Additional Defendant NOTICE TO PLEAD TO: BJ's Wholesale Club, Inc., Additional Defendant 3805 Hartzdale Drive Camp Hill, PA 17011 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 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Date: Mar W. A lshouse, Esquire Att ey I.D. # 78014 4833 Spring Road Shermans Dale, PA 17090 (717) 582-4006 Attorney for Defendants Mark W. Allshouse, Esquire Attorney ID # 78014 4833 Spring Road Sherman Dale, PA 17090 (717) 582-4006 Attorney for Defendants J. WILLIAM FILLING, PRESIDENT : IN THE COURT OF COMMON PLEAS BETTER LIVING PATIO & SUNROOMS : OF CUMBERLAND COUNTY, PENNSYLVANIA OF CENTRAL PA, Plaintiff NO. 2006-3116 V. STACY ZORN and LAVAN ZORN, Defendants : CIVIL ACTION -LAW V. BJ'S WHOLESALE CLUB, INC., : JURY TRIAL DEMANDED Additional Defendant COMPLAINT JOINING ADDITIONAL DEFENDANT AND NOW, comes Defendants, Stacy Zorn and LaVan Zorn, by and through their attorney, Mark W. Allshouse, Esquire, and respectfully file the following Complaint Joining Additional Defendant, BJ'S Wholesale Club, Inc. and in support thereof aver as follows: Additional Defendant, BJ's Wholesale Club, Inc. (hereinafter "BJ's") is Delaware business having a business address of 1 Mercer Road, Natick, Massachusetts 01760, registered as a foreign business corporation to conduct business in the State of Pennsylvania and having a local address of 3805 Hartzdale Drive, Camp Hill, Pennsylvania 17011. 2. The above-named Defendants, Stacy Zorn and Lavan Zorn are adult individuals having a current address of 101 Willow Mill Park Road, Mechanicsburg, Pennsylvania 17050. 3. In early 2005, Defendants Zorn traveled to BJ's local retail location to inquire about and potentially purchase a four-season sunroom addition for their residential property located at 101 Willow Mill Park Road, Mechanicsburg, Pennsylvania 17050. 4. Defendants reviewed information and costs regarding purchasing a four-season sunroom from BJ's and were able to observe a "sample" sunroom on location. 5. BJ's represented that the goods and services to be received by Defendants would be of superior quality and performed in a good and workmanlike manner meeting industry standards. See attached representation hereby incorporated as Exhibit "A". 6. Defendants relied upon BJ's good reputation for customer service and quality consumer products in entering into the agreement to purchase the four-season sunroom through BJ's. 7. Defendants were induced to enter into the contract based upon the sale of the goods and services from a reputable retail establishment. 8. Thereafter, BJ's turned the sale over to Plaintiff, who acted as BJ's sales representative to provide the materials and labor required. 9. As a result of the information and representations received by BJ's, Defendants entered into a written contract for the purchase and installation of a four-season sunroom with Plaintiff. 10. The Agreement executed between Defendants and Plaintiff clearly states that BJ's is the source of sale. 11. It is believed, and therefore, averred that Plaintiff is a sub-contractor, agent, affiliate or authorized sale and installation representative of BJ's or shares other similar affiliated financial relationship. A. Breach of Contract 12. The averments contained in paragraphs 1 through 11 are hereby incorporated by reference as though fully set forth at length. 13. Plaintiff, as agent for BJ's, failed to perform all work required under a contract in a good and workmanlike manner. 14. Plaintiff, as agent for BJ's, failed to complete all work according to industry standards. 15. Plaintiff, as agent for BJ's, in attempting to perform the work of the contract, caused damage to Defendants' pre-existing home and property. 16. Defendants have requested and provided Plaintiff numerous opportunities in which to remedy the work performed, which opportunities Plaintiff has refused to take. 17. Plaintiff, as agent for BJ's, has failed to honor its warranty or the work performed. 18. The work performed by Plaintiff in numerous instances was or is in violation of local township Code as follows: A. the building failed the underside insulation inspection, B. failed the roof inspection twice, C. failed the roof inspection twice, D. Plaintiff lied on its permitting application and failed to submit proper plans for the bathroom electrical wiring and failed to meet load weight bearing structural requirements of the building code. 19. As a result of Plaintiff's poor and unworkmanlike product did not receive the benefit of the purchase. 20. As a result of the foregoing, Additional Defendant BJ's Wholesale Club, Inc. is in breach of contract. 21. On or about May 9, 2006, Defendants hired a certified engineer to provide an inspection of the four-season sunroom and deck. 22. As a result of that inspection, Plaintiff's work was found to have a number of major deficiencies, to have been done in an unworkmanlike manner and to not meet industry standards or specifications for a four-season sunroom addition in the following ways: A. Major structural problems and deficiencies were observed in the construction and framing of the wood support for the decking, including, but not limited to: (1) the wood decking not being properly attached to the home, (2) the deck not being famed sufficiently to meet load requirements, (3) the rear deck steps were constructed improperly, (4) the twisting of the railing components. B. The sunroom was not properly insulated. C. The sunroom and decking were installed too low, creating a hazardous step into the home, and complicated the routing of the gutters on the exterior of the house for proper drainage of stormwater. D. Light switches were located behind doors. E. Trim work was poor, using a mixed style, type, color and splicing in inaccurate places. F. The bottom row of shingles was improperly installed at the starter course leaving those shingles prone to lifting during wind conditions. G. Large gap near the eves in the right corner of the home where the sunroom attaches. 23. The estimated cost to fix the deficiencies in A (1) through (4) is Five Thousand Seven Hundred Eighty-two and 90/100 Dollars ($5,782.90). 24. The estimated cost to correct the insulation is One Thousand One Hundred Four and 64/100 Dollars ($1,104.64). 25. The estimated cost to correct the elevation deficiency is Two Thousand Six Hundred Thirteen and 551100 Dollars ($2,613.55). 26. The estimated cost to remedy the large gap is Two Thousand One Hundred Forty- five Dollars ($2,145.00). 27. As a result, the total cost to fix the deficiencies, less the elevation, is estimated to be Seventeen Thousand Four Hundred Twelve and 561100 Dollars ($17,412.56). 28. The engineer's report further notes that the correction of the elevation may not be feasible and is cost prohibitive, as it is estimated to be Eighteen Thousand Four Hundred Eighty- eight and 75/100 Dollars ($18,488.75). In order to adjust the elevation, the structure would need to be detached from the home, raised and re-attached. 29. The engineer further notes that the attaching supports were not long enough to penetrate through the brick veneer to reach the framing of the home and, therefore, the deck is attached and resting solely on the brick veneer with no support from the home's foundational structure. 30. The stress on the brick veneer without the support of existing frame structure of the home is likely to pull the veneer from the home, as the building sages and leans due to improper attachment and support. 31. Since the engineer's inspection, a piece of gable glass appeared to have dropped down leaving a gap where it connects to the building. 32. As a result of the improperly attached structure, stress is being placed on the existing building and the basement ceiling framework below the addition door has begun to crack and splinter. 33. Removing the sunroom from the home is likely to cause damage to the brick veneer. 34. As a result of the foregoing, Defendants are likely to suffer additional damages which amount is not yet able to be determined. WHEREFORE, Defendants respectfully request this Honorable Court to enter judgment in favor of Defendants and against Additional Defendant in the amount of Thirty-five Thousand Nine Hundred One and 31/100 Dollars ($35,901.31) together with interest, costs of Court and attorneys fees, which amount exceeds arbitration limits and jury trial is demanded. B. Violation of Pennsylvania Unfair Trade Practices and Consumer Protection Law 35. Paragraphs 1 through 31 are hereby incorporated by reference as though fully set forth at length. 36. Additional Defendant's actions constitute a violation under Pennsylvania Unfair Trade Practices and Consumer Protection Law, 73 P. S. 201, et seq. as follows: A. BJ's passed off goods or services of those of another, B. caused a likelihood of confusion or misunderstanding as to the source, sponsorship, approval or certification of goods or services, C. BJ's caused a likelihood of confusion or misunderstanding as to affiliation, connection or association or certification by another, D. represented the goods or services of the sponsorship, approval, characteristics, uses, benefits or qualities that they do not have and that a person has sponsorship, status, affiliation or connection that he does not have. E. represented goods or services to be of a particular standard, quality or grade or that goods are of a particular style or model if they are another. 37. As a result of Additional Defendant's violation of the Unfair Trade Practices Law, Defendants are entitled to treble damages in the amount of One Hundred Seven Thousand Seven Hundred Three and 93/100 ($107,703.93). 38. In addition to treble damages, Defendants are also entitled to costs, Court costs and attorney's fees. 39. Defendants have incurred engineering fees in the amount of One Thousand Eighty-three and 56/100 Dollars ($1,083.56) which fees will continue to accrue as litigation proceeds. 40. Defendants have incurred attorney's fees in an amount of not less than Two Thousand Dollars ($2,000.00) which amount will continue to accrue as litigation proceeds. WHEREFORE, Defendants respectfully request this Honorable Court to enter judgment in favor of Defendants and against Additional Defendant in the amount of One Hundred Ten Thousand Seven Hundred Eighty-seven and 49/100 Dollars ($110,787.49) together with interest, costs of Court and attorneys fees, which amount exceeds arbitration limits and jury trial is demanded. Date: 12 r3 Respectfully submitted, Mar W. Allshouse, Esquire? Attorney I.D. # 78014 4833 Spring Road Sherman Dale, PA 17090 (717) 5824006 Attorney for Defendants Exhibit "A" PATIO & SUNROOMS OF CENTRAL PA 689 Yorktown Road, Suite 1 Lewisberry, PA 17339 717-932-9000 /! Fax 717-932-5304 The BJ's / Betterlivina Story - How It Came To Be: BJ's Home Improvement Past In 1997, BJ's Wholesale Club had their first experience with the home improvement business. They created a partnership with a window replacement company out of Washington, DC. The relationship lasted only 9 months. Although many windows were sold, many BJ's members were not satisfied. Promises were not being kept, quality was poor, and installation was substandard. This was largely due to the window company using subcontractors to do the work. There is nothing more important to BJ's than their members' satisfaction. The experience was so bad for BJ's and its members that not only did BJ's cancel the program but they vowed never to venture into home improvements again. So what made them change their minds? By 2001, BJ's reconsidered their decision, because many members were looking for ways to save money on home improvements. BJ's responded to these requests by investigating many of the largest home improvement companies in the country to find an organization they could trust to provide these services to their members. Over the next 2 years, BJ's put these companies through a rigorous interviewing process. They could not afford a repeat of 1997. The basic requirements that BJ's had for a home improvement provider was that the company they selected had to 1. Have the highest quality materials on the market. 2. Have the highest quality installers in the industry. 3. Offer the best value to BJ's members. 4. Be honest beyond reproach. BJ's Wholesale Club I Betterliving - The Present In August of 2002, Betterliving was selected to be the home improvement provider for BJ's Wholesale Clubs. Their products include sunrooms, patio rooms, replacement windows, and awnings. Betteriving and its dealer network are extremely proud of their affiliation with BJ's and are committed to the long-term success of the relationship. To insure that success, Betterliving has to do one thing and one thing only: keep all the promises it makes to BJ's members. A BJ's Wholesale Club member can rest assured that BJ's has done the shopping for them. BJ's has done more research as a corporation in two years than a homeowner could do even if they had 5 years to do it! They have negotiated the best price on behalf of their members. The members can be confident that Bettsrlivina is offering them the best product and the best value In the market today. VERIFICATION We, LaVan Zorn and Stacy Zorn, verify that the statements in the foregoing document are true and correct to the best of our knowledge, information and belief under penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: ?/ - -? Date: a4n/Z rn S tacy Zorn Mark W. Allshouse, Esquire Attorney ID # 78014 4833 Spring Road Shermans Dale, PA 17090 (717) 582-4006 Attorney for Defendants J. WILLIAM FILLING, PRESIDENT : IN THE COURT OF COMMON PLEAS BETTER LIVING PATIO & SUNROOMS : OF CUMBERLAND COUNTY, PENNSYLVANIA OF CENTRAL PA, Plaintiff V. NO. 2006-3116 STACY ZORN and LAVAN ZORN, Defendants V. BJ' S WHOLESALE CLUB, INC., Additional Defendant CIVIL ACTION -LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document has been duly served upon the following, by depositing a copy of the same in the United States Mail, first-class, postage prepaid, as follows: Patrick F. Lauer, Jr., Esquire 2108 Market Street Camp Hill, PA 17011-4706 Date: 1010 W. Allshouse, Esq Atto ey I.D. # 78014 4833 Spring Road Sherman Dale, PA 17090 (717) 582-4006 Attorney for Defendants C7 ra f? c ?=? r - 'T7 ? T f C-n J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA J. WILLIAM FILLING, PRESIDENT, BETTER LIVING PATIO Ft SUNROOMS OF CENTRAL PA Plaintiff V. STACY ZORN AND LAVAN ZORN, Defendants V. BJ'S WHOLESALE CLUB, INC., Additional Defendant NC 2006-3116 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR WITHDRAWAL OF APPEARANCE To the Prothonotary: Withdraw my appearance on behalf of the Defendants, Stacy Zorn and LaVan Zorn. Date: o? M k W. Allhouse, E uire ttorney ID No. 78014 480 Spring Road Sherman Dale, PA 17090 ?? ???' ? ? ? ?? r? N ??? .s ?-? ? ??;; .. , ?, _? ?_ ?, ?- Prepared By: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 Supreme Court ID # 32112 Phone: 717-737-0100 Fax: 717-975-0697 Email: dianeradcliff @comcast.net Attorney for Defendants IN THE COURT OF COMMON PLEAS OF CUM3ERLAND COUNTY, PENNSYLVANIA J. WILLIAM FILLING, PRESIDENT, BETTER LIVING PATIO Et SUNROOMS OF CENTRAL PA Plaintiff V. STACY ZORN AND LAVAN ZORN, Defendants NO. 2006-3116 CIVIL ACTION - LAW JURY TRIAL DEMANDED V. BJ'S WHOLESALE CLUB, INC., Additional Defendant PRAECIPE TO ENTER APPEARANCE To the Prothonotary: Please enter the appearance of Diane G. Radcliff, Esquire, Supreme Court ID No. 32112, on behalf of the Defendants, Stacy Zorn and LaVan Zorn. Papers may be served at the address set forth below: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 Date: June 15, 2007 DIANE G) RADCLIFF, ES(JUIRE C.) C -ILI c -4 d of "% IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA J. WILLIAM FILLING, PRESIDENT, BETTER LIVING PATIO R, SUNROOMS OF CENTRAL PA Plaintiff V. STACY ZORN AND LAVAN ZORN, . Defendants . V. BJ'S WHOLESALE CLUB, INC., Additional Defendant NO. 2006-3116 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO REDUCE COUNTERCLAIM TO WITHIN ARBITRATION LIMITS TO THE PROTHONOTARY OF THE SAID COURT: Please mark this action to reflect that Defendants', Stacy Zorn and Lavan Zorn, Counterclaim against Plaintiff is reduced to an amount under the $50,000.00 compulsory arbitration limits. Respectfully Submitted, E . RA CLIFF, ESQUIRE gistration No 32112) 3448 Trindle Road, Camp Hill, PA 17011 Email: dianeradcliff@comcast.net Phone: (717) 737-0100 • Fax: (717) 975-0697 Counsel for Defendants. Stacy Zorn and Lavan Zorn Dated: CERTIFICATE OF SERVICE I hereby certify that I am this day serving the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure: Service by First Class Mail Addressed as Follows: Patrick F. Lauer, Jr., Esquire 2108 Market Street Camp Hill, PA 17011 (Counsel for Plaintiff) Dated: September 16. 2008 Camp Hill, PA 17011 Email: dianeradcliffC@-comcast.net Phone: (717) 737-0100 Fax: (717) 975-0697 Counsel for Defendants N T)t- rn W N3 C- n IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA J. WILLIAM FILLING, PRESIDENT, BETTER LIVING PATIO Et SUNROOMS OF CENTRAL PA Plaintiff V. STACY ZORN AND LAVAN ZORN, Defendants V. BJ'S WHOLESALE CLUB, INC., Additional Defendant NO. 2006-3116 CIVIL ACTION - LAW JURY TRIAL DEMANDED PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: DIANE G. RADCLIFF, ESQUIRE, counsel for the Defendants, Stacy Zorn and Lavan Zorn, in the above action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim for the Plaintiff in the action is $7,336.32 The counterclaim of the Defendant in the action is under the $50,000 jurisdictional limits for compulsory arbitration The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Patrick F. Lauer. Jr.. Esquire: Mark W. Allhouse, Esquire : and Diane G. Radcliff, Esquire. WHEREFORE, your Petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. spectfully submitted, DIANE G. RA CLIFF, ESQUIRE A?r? Defendants Stacy Zorn and Lavan Zorn CERTIFICATE OF SERVICE I hereby certify that I am this day serving the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure: Service by First Class Mail Addressed as Follows: Patrick F. Lauer, Jr., Esquire 2108 Market Street Camp Hill, PA 17011 (Counsel for Plaintiff) Dated: September 16. 2008 -3- Camp Hill, PA 17011 Email: dianeradcliff@comcast.net Phone: (717) 737-0100 Fax: (717) 975-0697 Counsel for Defendants ti C -. Ca 4 * Ak F c V • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA J. WILLIAM FILLING, PRESIDENT, BETTER LIVING PATIO Ft SUNROOMS OF CENTRAL PA Plaintiff V. STACY ZORN AND LAVAN ZORN, Defendants V. BJ'S WHOLESALE CLUB, INC., Additional Defendant NO. 2006-3116 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF THE SAID COURT: Please withdraw the Complaint joining Additional Defendant, BJ'S Wholesale Club, Inc filed by the Defendants, Stacy Zorn and Lavan Zorn, in the above captioned case. Respectfully Submitted, I?ANE G. RAD IFF, ESQUIRE ( lstration No 32112) 3448 Trindle Road, Camp Hill, PA 17011 Email: dianeradcliffCcomcast.net Phone: (717) 737-0100 • Fax: (717) 975-0697 Counsel for Defendants. Stacy Zorn and Lavan Zorn Dated: CERTIFICATE OF SERVICE I hereby certify that I am this day serving the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure: Service by First Class Mail Addressed as Follows: Patrick F. Lauer, Jr., Esquire 2108 Market Street Camp Hill, PA 17011 (Counsel for Plaintiff) Dated: September 16, 2008 Camp Hill, PA 17011 Email: dianeradcliff@comcast.net Phone: (717) 737-0100 Fax: (717) 975-0697 Counsel for Defendants t a rri L„ ?ilw rn W "\ .'t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA J. WILLIAM FILLING, PRESIDENT, BETTER LIVING PATIO £t SUNROOMS OF CENTRAL PA Plaintiff V. STACY ZORN AND LAVAN ZORN, Defendants V. BJ'S WHOLESALE CLUB, INC., Additional Defendant NO. 2006-3116 CIVIL ACTION - LAW JURY TRIAL DEMANDED ORDER OF COURT AND NOW, 2008 , in consideration of the foregoing Petition for Appointment of Arbitrators, ?. Esquire,.. 0. ?94?squire and r Esquire, are appointed arbitrators in the above-captioned action (or actions) as prayed for. BY THE COU 1 J. -2- se CY d J. Willian Ftilim, F eSident, Civir Patio & Slrnoars Plaintiff Stacy Zorn a rd Lam 7= Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No. 2006 _ 3116 Civil Action - Law. BJIs W alesale Cam, Inc. r Oath We do solemnlys ear or afar at we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office fidh ignature Signatur Signature JAS D. BOCAR ? AARN C. J V ? FCNiNID E. JC1N3.N Name (Chairman) LM C MCES CF am D. MCM Law Firm 1 West main Street Address ShixaraLSt om, PA 17011 City, Zip Name AJRM LAq F11M, P.C. Law Firm 52 Cettysturg Pike Address MBdm iicsbjrg, PA 17055 City, zip Name ADDR&S& jaTUN Law Firm 78 West Pcff fret Street Address (Aisle, PA 17013 City, zip ? .2o9s7 -0161/ - /6-178 Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) ut 6LVyr of QQ '? ?' - + ?Z?a a -&"m: &.^A kwj" -2zm 1. , w.. VA*- rTA...e.&.,t 3?.Ro1. a l mortis. ?- . Arbitrator, dissents. (Insert name if applicable, Date of Hearing: 1=x (,t9 (Chairman) Date of Award: l ?-1 L`Z 1048 % t( Notice of Entry of A rd Now, the 2.2 -) ` ay of , 2on , at • I .M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: vd A, - By: Prothonotary Deputy (r- WA - / N M? W 1 t • J k ; X5:9 rn - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA J. William Filling, President, Better Living Patio & Sunrooms Of Central PA PLAINTIFF Vs Stacy Zorn and Lavan Zorn DEFENDANT : File No.: 2006-3116 CIVIL TERM BJ's Wholesale Club, Inc. ADDITIONAL DEFENDANT NOTICE OF APPEAL FROM AWARD OF BOARD OF ARBITRATORS TO THE PROTHONOTARY: Notice is given that J. William Filling, President, Better Living Patio and Sunrooms of Central Pennsylvania appeals from the award of the board of arbitrators entered in the case on December 22, 2008. A jury trial is demanded (Check the line if a jury trial is demanded. Otherwise jury trial is waived). I hereby certify that the compensation of the Date: -d9 Fes' CKQ1- Lauer, Jr., Esquire `Attorney of Appellant Law Offices of Patrick Lauer, Jr., LLC 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 46430 Tel. (717) 763-1800 J. Wilian i1'?, p?j?t, 1 P SYLS Plaintiff Stacy Iran arl Laval zca-m Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No. 2006 _3116 Civil Action - Law. B7 's Rmlesal,e Club, Inc. Oath We do solemnlyYsw-ear or?at we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office fidelity. ignature Signatur Signature MES D. BMV ? AST C. JXIIQN / Name (Chairman) ? i,LD E. JCFiV Name Name IAW CFFTCS CF Law Firm 1 West Main Stmt Address ShiixeTEMt n, PA 17011 City, Zip AE1RRIS L1W FTEM. P.C. Law Firm 52 Cettyslaag Pile Address Msd-f erg, PA 17055 City, Zip & JCFNSCN Law Firm 78 West pcmb:et Stxeet Address CC ar sle, PA 17013 City, Zip Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) -- ZK 60,00- M+ QQ?, 111 - -- _I l....._ - -- - . Arbitrator, dissents. (Insert name if armlicable Date of Hearing:_L.Xjn(n $ Date of Award: ? 1 01 Notice of Entry of Now, the ??j ay of ) - , 20og at I1 .M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' _compensation to be paid upon appeal: .y y?i?nr t3 MV ika(% ai Carlisle, Pa, 4 'A figs . By: Prothonotary epu na +fl / u N/? jt3 , -.. ? ? Sal 1 f 6 F %7 r ? ?vJ