HomeMy WebLinkAbout06-6761Q
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
SPANGLER MILL,
EWING ROOFING,INC. d/b/a ; DOCKET NO. Q -676/
Plaintiff nvil TfIRM
V.
LYNN M. FROMM, NORMAN H.
FROMM, II, BERNARD M. BRENNAN
And CHRISTINE M. BRENNAN,
Defendants PREVIOUSLY ASSIGNED TO: N/A
THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO
COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED
FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT.
AN IMPORTANT NOTICE OF RIGHTS APPEARS ON THE NEXT PAGE.
NOTICE
You have been sued in court. If you wish to defend against the claims set
forth in the following pages, you must take action within twenty (20) days after this
complaint and notice are served, by entering a written appearance personally or by
attorney and filing in writing with the court your defenses or objections to the claims
set forth against you. You are warned that if you fail to do so the case may proceed
without you and a judgment may be entered against you by the court without further
notice for any money claimed in the complaint or for any other claim or relief
requested by the plaintiff. You may lose money or property or other rights
important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION
ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE
ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY
OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR
NO FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166 or 1-800-990-9108
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
SPANGLER MILL, INC. d/b/a
EWING ROOFING,
Plaintiff
: DOCKET NO.
V.
LYNN M. FROMM, NORMAN H.
FROMM, II, BERNARD M. BRENNAN
And CHRISTINE M. BRENNAN,
Defendants
: PREVIOUSLY ASSIGNED TO: N/A
NOTICIA
Le han demandado a usted a la corte. Si usted quiere defenderse en contra
estas demandas expuestas en las paginas siguientes, usted tien veinte (20) dias
de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar
una apariencia escrita o en persona o por abogado y archivar en la corte en forma
escrita sus defensas o sus objeciones a las demandas en contra suya.
Se ha avisado que si usted no se defienda, la corte tomara medidas y
puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier
queja o alivio que es pedido en la peticion de demanda. USTED PUEDE PERDER
DINERO O PROPIEDADES O OTROS DERECHOS IMPORTANTES PARA
USTED.
LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI
USTED NO TIENE O CONOCES UN ABOGADO, VAYA EN PERSONA O LLAME
POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA
ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA
LEGAL.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166 or 1-800-990-9108
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
SPANGLER MILL, INC. d/b/a
EWING ROOFING,
Plaintiff
DOCKET NO.
V.
LYNN M. FROMM, NORMAN H.
FROMM, II, BERNARD M. BRENNAN
And CHRISTINE M. BRENNAN,
Defendants
: PREVIOUSLY ASSIGNED TO: N/A
THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR
DEBT COLLECTION PRACTICES ACT, 15 U.S.C. §1601:
The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and
any information obtained will be used for that purpose. The amount of the debt is
stated in this Complaint. Plaintiff is the creditor to whom the debt is owed. Unless
the Debtor, within thirty (30) days after your receipt of this notice disputes the
validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the
undersigned attorney will assume the said debt is valid. If the Debtor notifies the
undersigned attorney in writing within the said thirty (30) day period that the
aforesaid debt, or any portion thereof, is disputed, the undersigned attorney shall
obtain written verification of the said debt from the Plaintiff and mail same to Debtor.
Upon written request by Debtor to the undersigned attorney within said thirty (30)
day period, the undersigned attorney will provide Debtor with the name and
address of the original creditor if different from the current creditor.
SAIDIS, FLOWER & LINDSAY
John E. Slike, Esquire
Supreme Court ID #06262
Michael L. Solomon
Supreme Court ID #36031
2109 Market Street
Camp Hill, PA 17011
(717) 737-3405
Attorneys for Plaintiff
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA -
CIVIL ACTION
SPANGLER MILL, INC. d/b/a
EWING ROOFING,
Plaintiff
V.
DOCKET NO. vG 7 L I
LYNN M. FROMM, NORMAN H.
FROMM, II, BERNARD M. BRENNAN
And CHRISTINE M. BRENNAN,
Defendants PREVIOUSLY ASSIGNED TO: N/A
COMPLAINT
AND NOW, comes Plaintiff, Ewing Roofing, by its attorneys, Saidis, Flower and
Lindsay, and files this Complaint, alleging in support thereof the following:
1. Plaintiff, Spangler Mill, Inc., is a Pennsylvania corporation having an office
located at 1425 Spangler's Mill Road, Camp Hill, Cumberland County, Pennsylvania
17011, and doing business under the fictitious name of Ewing Roofing ("Ewing").
2. Defendant, Lynn M. Fromm, is an adult individual having a last known
address of 307 Al Pat Drive, Monaghan Township (Dillsburg), York County, Pennsylvania
17019, (hereinafter "Fromm").
3. Defendant, Norman H. Fromm, II, is an adult individual having a last known
address of 1823 Elm Street, New Cumberland, Cumberland County, Pennsylvania, 17070,
(hereinafter "N. Fromm").
1
4. Defendant, Bernard M. Brennan, is an adult individual having a last known
address of 4815 East Trindle Road, Unit 6, Hampden Township, Cumberland County,
Pennsylvania 17055, (hereinafter "B. Brennan")
5. Defendant, Christine M. Brennan, is an adult individual having a last known
address of 4815 East Trindle Road, Unit 6, Hampden Township, Cumberland County,
Pennsylvania 17055, (hereinafter "C. Brennan").
6. On or about June 16, 2003, Ewing was contacted by N. Fromm by
telephone requesting an estimate for roof repairs to his residence at 600 Lavina Drive,
Upper Allen Township (Mechanicsburg), Cumberland County, PA (hereinafter the
"Property")
7. It is believed and therefore averred that at the time of the June 16, 2003
telephone call, N. Fromm was the husband of L. Fromm, who, together, resided in the
Property as husband and wife.
8. In response to the request from N. Fromm, an estimate was prepared by
Ewing and delivered to N. Fromm. A true and correct copy of the estimate is attached
hereto, marked Exhibit "A" and incorporated herein by reference.
9. No further action by any party was taken with regard to roof repairs at the
Property until Defendants B. Brennan and C. Brennan, then believed to be Tenants at the
Property, contacted Ewing on or about August 2005 to advise that she had been referred
to Ewing by N. Fromm, and that they were interested in having roof repairs performed at
the Property.
2
10. In response to this request, an estimate was prepared by Ewing and
delivered to C. Brennan. A true and correct copy of the estimate is attached hereto,
marked Exhibit "B" and incorporated herein by reference.
11. On or about September 5, 2005, Defendant C. Brennan accepted the terms
of the current estimate (Exhibit B), and authorized the proposed work to be performed.
12. Ewing thereafter performed the proposed work in a complete and
workmanlike manner.
13. On or about November 14, 2005, Ewing presented Defendants B. Brennan
and C. Brennan with an invoice in the amount of Eleven Thousand Five Hundred Eight-
Seven and 00/100 Dollars ($11,587.00) for the services Ewing performed (the "Invoice"). A
true and correct copy of the Invoice is attached hereto, marked as Exhibit "C" and
incorporated herein by reference.
14. Under the terms and conditions of the Invoice, payment was due in full on
November 24, 2005.
15. At a point of time after issuance of the Invoice, Ewing received a telephone
call from N. Fromm who advised that he was familiar with the need for the roof repair, had
authorized the Brennans to contact Ewing and committed to Ewing that the Invoice would
be paid by December 31, 2005.
3
COUNT I - BREACH OF CONTRACT
AS TO DEFENDANTS BERNARD M. BRENNAN and CHRISTINE M. BRENNAN
16. Paragraphs 1-14 are incorporated by reference as if fully set forth herein.
17. Defendants B. Brennan and C. Brennan are in default of their obligations to
Ewing under the Invoice for, inter alia, failure to make payment due to Ewing under the
terms and conditions of the Invoice.
18. As a result of Defendants' Brennan default, Ewing exercised its rights and
remedies and demanded payment by January 31, 2006, of all of the amounts due under
the Invoice, including interest. A copy of the demand letter is attached hereto, made a part
hereof and marked as Exhibit "D".
19. The amount due to Ewing under the Invoice as a result of the default as of
November 15, 2006, is $13,672.66, itemized as follows:
a. Amount due pursuant to the Invoice: $11,587.00
b. Interest @ 1.5%/mo. since 11/05: 2,085.66
C. Total due to Ewing as
of November 15, 2006 $13,672.66
20. Despite Ewing's demand, Defendants B. Brennan and C. Brennan have
failed and continue to fail to make payments of all amounts due to Ewing under the terms
and conditions of the Invoice.
WHEREFORE, Plaintiff, Ewing Roofing, demands judgment against Defendants
Bernard M. Brennan and Christine M. Brennan, in the amount of $13,672.66, plus interest
at the rate of 1.5% per month through the date of Judgment entered hereon and thereafter
4
through the date of payment, including on and after the date of entry of judgment on this
Complaint, and for costs of suit.
COUNT II - BREACH OF CONTRACT
AS TO DEFENDANT LYNN M. FROMM
21. Paragraphs 1 - 19 are incorporated herein by reference as if fully set forth
herein.
22. Defendant L. Fromm, by virtue of her former occupancy in the Property, was
aware of the need for roof repairs at the Property from as early as June 2003 when her
then-husband, N. Fromm, contacted Ewing for a repair/replacement estimate.
23. N. Fromm, with apparent or actual authority from Defendant L. Fromm,
arranged for Defendants B. Brennan and C. Brennan to contact Ewing to finally arrange
for the roof repairs in August 2005.
24. N. Fromm, acting with apparent or actual authority from Defendant L.
Fromm, placed an unsolicited telephone call to Ewing in November 2005, and therein
committed to make payment upon the Invoice by December 31, 2005.
25. L. Fromm, both directly or through her agent and former husband, has failed
to honor an oral commitment to make payment, and has since failed and refused to make
payment to Ewing despite subsequent demand therefore.
WHEREFORE, Plaintiff, Ewing Roofing, demands judgment against Defendant
Lynn M. Fromm, in the amount of $13,672.66, plus interest at the rate of 1.5% per month
5
through the date of Judgment entered hereon and thereafter through the date of payment,
including on and after the date of entry of judgment on this Complaint, and for costs of suit.
COUNT III - BREACH OF CONTRACT
AS TO DEFENDANT NORMAN H. FROMM, II
26. Paragraphs 1-25 are incorporated by reference as if fully set forth herein.
27. Defendant N. Fromm, by virtue of is former occupancy and ownership in the
Property, was aware of the need for roof repairs at the Property from as early as June
2003 when he contacted Ewing for a repair/replacement estimate.
28. At all times subsequent to June 2003, Defendant N. Fromm acted with
apparent or actual authority with regard to the management and maintenance of the
Property.
29. Such actions included, infer alia, arranging for Defendants B. Brennan and
C. Brennan to contact Ewing at his suggestion to finally arrange for roof repairs in August
2005, and, upon completion of said repairs, personally contacting Ewing in November
2005 at which time he orally committed to make payment upon the Invoice by December
31, 2005.
30. Defendant N. Fromm has failed to honor his oral commitment to make
payment, and has since failed and refused to make payment to Ewing despite
subsequent demand therefore.
6
WHEREFORE, Plaintiff, Ewing Roofing, demands judgment against
Defendant Norman H. Fromm, II, in the amount of $13, 672.66, plus interest at the rate of
1.5% per month through the date of Judgment entered hereon and thereafter through the
date of payment, including on and after the date of entry of judgment on this Complaint,
and for costs of suit.
COUNT IV - UNJUST ENRICHMENT
AS TO DEFENDANT LYNN M. FROMM
31. Paragraphs 1 - 24 are incorporated by reference as if fully set forth herein.
32. Defendant Lynn M. Fromm is reflected on records maintained in the
Cumberland County Recorder of Deeds Offices as the owner of the Property at all times
relevant hereto, either jointly with N. Fromm prior to or individually subsequent to October
29, 2004.
33. Despite an alienation of his interest in the Property by Deed dated October
29, 2004 as a result of either his marital separation or divorce from Defendant L. Fromm,
N. Fromm retained a significant interest in the management and occupancy of the
Property with either actual or apparent authority to negotiate lease terms and to authorize
repairs to the Property.
34. Defendant L. Fromm knew or should have known that N. Fromm, acting with
apparent or actual authority, sought an estimate from Ewing for roof repairs in June 2003,
and that N. Fromm again intervened in securing performance of the repairs and promising
to arrange for payment in 2005.
7
35. Defendant L. Fromm participated in negotiations with Defendants B.
Brennan, C. Brennan and N. Fromm, which negotiations resulted in the Brennans
agreeing to lease the Property in 2005.
36. At the time that the Property was leased to the Brennans, and at the time
Defendants Brennan authorized the roof repairs, Defendant L. Fromm as Property owner
and landlord, knew or should have known of the need for the repairs and that the repairs
were ultimately completed.
37. Despite repeated demand upon her, Defendant L. Fromm has failed and
refused to remit payment for the roof repairs.
38. Defendant L. Fromm has unfairly benefited as a result of Ewing's work, and
is liable to Ewing and/or has been unjustly enriched in the amount of $13,672.66, which
amount includes the Invoice amount of $11,587 together with interest at the assigned rate
of 1.5% per month for 12 months.
WHEREFORE, Plaintiff, Ewing Roofing, demands judgment against
Defendant Lynn M. Fromm, in the amount of $13,672.66, plus interest at the rate of 1.5%
per month through the date of Judgment entered hereon and thereafter through the date of
payment, including on and after the date of entry of judgment on this Complaint, and for
costs of suit.
8
COUNT V - UNJUST ENRICHMENT
AS TO DEFENDANTS BERNARD M. BRENNAN AND CHRISTINE M.
BRENNAN
39. Paragraphs 1 - 32 are incorporated by reference as if fully set forth herein.
40. By inducing Ewing to commence roof repairs and by thereafter residing in
the Property for a significant period of time subsequent to completion of roof repairs by
Ewing, Defendants B. Brennan and C. Brennan unfairly benefited from and were unjustly
enriched by Ewing's actions.
41. When confronted with Ewing's Invoice, Defendants B. Brennan and C.
Brennan referred the matter of payment to N. Fromm, who, in turn, telephoned Ewing and
made an oral commitment to arrange for payment.
WHEREFORE, Plaintiff, Ewing Roofing, demands judgment against
Defendants Bernard M. Brennan and Christine M. Brennan, in the amount of $13,672.66,
plus interest at the rate of 1.5% per month through the date of Judgment entered hereon
9
and thereafter through the date of payment, including on and after the date of entry of
judgment on this Complaint, and for costs of suit.
Respectfully submitted,
SAIDIS, FLOWER & LINDSAY
Date: I l It5 l6 6 By:
eQ
Slike, Esquire
6 Court ID #06262
By: ?0'
Mich el L. Solomon, quire
Supreme Court ID #36031
2109 Market Street
Camp Hill, PA 17011
(717) 737-3405
Attorneys for Plaintiff
10
VERIFICATION
I, Charles B. Ewing hereby verify that the statements made in the foregoing
Complaint are true and correct to the best of my information, knowledge and belief. I
understand that false statements herein are made subject to the penalties of 18 Pa. C.S.
Section 4904, relating to unsworn falsification to authorities.
Dated: / J '2006 / S_S
tl-arles B. Ewing v
JUL-I J-L10bb 1L L10 r'111 tW 1Nh KUUh 1Nh I 1 , oioivv - ??-
. ' AN Prloes, Agreements and Cpntraota are contingent upon stdkn, fine, accldanis and ell other delays unavoidable, or beyond our control.
: Ewing Roofing Estimate
Siding ;soffit Seamless Spouting
All Types of Roofing
1425 Spanglers Mill Rood Date
Camp Hill, PA 17011 June 27, 2003
PHONE: 761-6960 FAX; 761-8138
Quoted to: Norm Fromm Estimate Number
000 LRvina Drive 11125
Mechahleo wrg, PA 17068
Customer ID Good Thru Payment Terms Sales Rep
Fromm, Norm 8/27/03, Net 10 Days Charles B. Ewing
Description Amount
Labor and Material:
. Remove the mdsting shingles from the rookdow'% to the decking.
Replace any deteriorated decking at $1 A 15ec sq. ft. extra charge.
. Install Ice and Water Shield over Porch roof and on eaves of Main roof.
Install #30 felt, aluminum drip edge, vent pipe collars, and flashing with. aluminum.
. Install Carlisle .080 adhered EPDM roofs on the "fEet" roofs with 1/2 " recovery board
nderioyment, edgings, and flashings.
Install self-sealing fiberglass shingles.
Clean top and dispose of debris.
5 Year 3-tab Shingles
7,730.00
0 Year Architectural shingles 7,940:OC
To replace gutters and downspouts with .032 seamless 5" aluminum K-guftersi and 2 x 3 890.00
luminum downspouts.
t;
All materiel used In this contractare guaranteed to bs as speckled, "the anflre Job is to be done Ina neat and wofkmanike manner. You see protected by
full insurance Coverage.
Any alerallons ordeviation hom the spedtlcNions hensh agreed upon invClvlng extra cost of labor and material, will be executed only on written order for
same. and will become an extra charge over the sago mentioned in this contract. Agreements made with merahan" not recognized. ft is f urther agreed that If
the owner Canosls the Contract at any time before oommenoamart of the work, then the liquidated de mega arising from coat and expense necessary
incident to the business of the contraotor In commotion with this contract amount to ft sum of One Hundred and FNtv(i150.00)Dolars, which said sun the
owner urx*tnkss and agrees to pay forthwith. Estirnots void after e0 days. 1.5% servka charge wil be ohsrgsd an i!!II oast due Wlancee. Ewe Roofing
Is a Subsidiary of Spengler Mill, Inc.
Signed
ACCEPTANCE OF THIS ESTMATE
bha foregoing terms. MmIficstima and condllom have been reviewed by the undersigned and the some are hereby socspted end agreed to. We hereby
authortre you to Proceed therewith. The undersigned lntendiag to to legally bound thereby he" hereunto eel their hand and seats this _
day at
20
Signed
Signed
AI PAW% lnAI?NI IRIMiNIr+IhOIQINpI??d M?uA?wtlWlrl,w "
Mime our aaMttlll,
Ew:Imx,
:w
Wdlnl? ? mawt1?
"mss " 801101119 Des
14 $1113WWWW11tl Road Aarwt 30, 2M
CNN"- PRO, PA 1'VI4
PhOWL. 4WO PAX 761 418f1
g1+QW to; CrrMft Omman 13alirrmb Number
a00 L`Im Drive 14135
I dschanleftm s PA 17039
,- Cusbfnarr to Good thn,.... !. Pay"" T 1s Isamm Rep ,? _ .._..._I
Brennan, Christine W22/09 I NO 10 Days tharles S. Ewing
?h Arr*66mf
Labor and Maiieril:
%Wnovs the existing shinglas from the rwb down to tale dm *Mg. R0e00 any dolviior>ated decking at 3 2.00 per sq. ft. fags ahsrp,
?. Instal #ts and wmW shleld over parch root and an eaves of MMn rid.
Install 030 felt, aluminum dopedgs, vent pipecohm, arnd gj*k g vg1h all mimum.
?. Install Carl" .0110 adhered EPDM roah on the"slat" rmolk 1l2" remvery boom undam"ment,
InsINI sell-swine flber+gblss shingles.
Cream up and d.M me of debris. l i
year 3-t shkvhn e? 4.• 8,1ri68.Qt
o replete gutters end da;"
b with .032 s,.Il M On OI,minum K-Butlers and 2 x 3 1320.041
u?num dorll?ttalpoub,
S h?'wrtlJ
fL?? c.rt-c,? 3d ' ?1>?'t..?sr yr?,-i' ?cd?,l?Kp- 1'413,•?.v
AA&. too WA SCQ4
AY ararrrlsl uaad In ft eo Rest arr qua rsnu b M as rp" mad, sod MIa e+r 0 pb Is 1v ba fens ins nest vol varkmahltlce mahhor_ You ae PM66rtt by
hill inawrtw cpremq•
Alnl??IeIMIarM ordrNatlon hom the apaaltadonr kanh? aglsaal tgttw erQra Cortnf YwrAtntl'•meterlMl MIt11 bae>draaMld fray On ral?en OrWrNlr
meme. OW we bomme an antra charge aver thasum imWmred im Wwcmmw-#~m Inaba wM rm0anl anat ram LUd. itleftaltrer mild thN Ii
the loner oarals 1W Owt ud ro ow ft* 1 Ion - aorrlrnvrorrtrrnl "a waft than be Iq ' W from away ¦nd eapenes neowury
Ira XWAI W the IPAh ar Of 00 Cergtaetpr 0 Ctatt100the,1 r ft c t-WdWd to IN SUM at One Fla red and F*tlj6C;000wrioh aid an the
wmwr undwh ft and Mra m to pay foif Mfh. 9&tllmb veld WW a,0 t mp. fi.eria Mnrka ehsga wBl pa otWrNed on i pert dae blrbrtoaa_ q Radma
is a Hubei MY or SW #W Mel Mo.
AOMPTANCE OF TMNS EIMMATE
The tbregalm Arms, apeeet Ams and eendtdoha have barn rMAmwed by the urdwaWed eW the same w rAmi y o*wo*d end apwd to. W9 hwat'?
autlMrr7s yetl_tt pr Thr und.rr?so Inuftloq t0 be legally bvwW,thwabr heft twwurda art Mot fiend art seals rib
so 4?F
41- t.:.i ,: kiRVtkl'JtfS C1' P- „
# a1 i W1
:- a !"
?MMi. 14,4%4 Kd +ifAi ?
Ewing Roofing Invoice
Siding Soffit Seamless Spouting Invoice Date.
All Types of Roofing 11/14/05
1425 Spanglem Mill Road Invoice Number:
Camp Hill, PA 17011 25689
Phone: 717-761-%60 Fax., 717-781.8138
Customer: Chrfatlne Brennan
800 Lavine Drtve
Mechanicsburg, PA 17035
Customer PO
Descriytion
or and f,Aaterlal: `
1. Remove the existing shingles from the roofs down to the decking.
Replace any deteriorated decking at $ 2.00 par sq. ft. extra charge.
Install lea and water shield over porch roof and on eaves of Main roof.
Install # 30 felt, aluminum drip edge, vent pipe collars, and flashing with aluminum.
Install Carlisle .060 adhered EPDM roofs on the "flat" roofs 1/2" recovery board underlayment,
inga and flashings.
Install self-sealing fiberglass shingles.
Clean up and dispose of debris.
year 3-tab shingles
o replace gutters and downspouts with .032 seamless 5" aluminum K-gutters and 2 x 3
uminum downspouts.
emoved three skylights, framed, $heated and disposed
eplaced 472 sq. ft. decking
eplaced 30' raftars,40' facaboard
"This Invoice must be paid within 10 days or there will be a mechanics lien placed on the
roperty. If a lien is placed, you will be responsible for all costs occurred in the price of lien. • "
Payment Terms
Net 10 Days
Sales Rep ID
Erring, Chation B.
Due Date
11/24105 -
8,865.00
890.00
750.00
942.00
140.00
Check No:
Total Invoice Amount 11,587.00
Less Payments Received
TOTAL DUE THIS INVOICE 11,587.00
1.6% per month aandce charge wtll be charged on all past due balancew
ewing Roofing Is a Subsidiary of Spangler MITI, Inc,
Exhibit T"
LAW OFFICES
SAIDIS, FLOWER & LINDSAY
A PROFESSIONAL CORPORATION
2109 MARKET STREET
PENNSYLVANIA 17011
CAMP HILL CARLISLE OFFICE:
JOHN E. SLIKE ,
TELEPHONE: (717) 737-3405 - FACSIMILE: (717) 737-3407 26 WEST HIGH STREET
A 17013
CARLIS
P P
LE LE
17013
ROBERT C. SAIDIS
JAMES D. FLOWER, JR EMAIL: attorney@sfl-law.com , ,
-6222
4
TELEPHONE:
CAROL J. LINDSAY www.sfl-law.com FACSIMILE: (717)243-6456
BRIAN C. CAFFREY
GEORGE F. DOUGLAS, III
THOMAS E. FLOWER
MARYLOU MATAS
REPLY TO CAMP HILL
SUZANNE C. HIXENBAUGH
January 26, 2006
Ms. Christine Brennan
800 Laving Drive
Mechanicsburg, PA 17055
Certified Mail
Return Receipt Requested
(7004 0550 0000 8951 1003)
Re: Ewing Roofing
Dear Ms. Brennan:
Ewing Roofing has retained our office to take action against you in order to collect the
amount owed to them for work performed at your property in November of 2005. According to
the information given to me, the original amount of the bill was $11,587.00, and as of this date
interest on the unpaid invoice in the amount of $434.51 is due, for a total of $12,021.51.
Prior to filing legal action; we will give you the opportunity to pay the full balance and
avoid additional interest and legal costs.
If you pay the full balance, including interest due on or before January 31, 2006, no
further action will be taken. The check should be made payable to Ewing Roofing and sent to
me in the enclosed envelope.
Very truly yours,
JES:se
Enclosure
SAIDIS, FLOWER & LINDSAY
'n I,"
o E. Slike
cc: Ewing Roofing
Christine Brennan (via first-class mail)
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COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
SPANGLER MILL, INC. d/b/a
EWING ROOFING,
Plaintiff
DOCKET NO. 06-6761 Civil Term
V.
LYNN M. FROMM,
BERNARD M. BRENNAN and
CHRISTINE M. BRENNAN,
Defendants
PREVIOUSLY ASSIGNED TO: N/A
ACCEPTANCE OF SERVICE
I accept the service of the Complaint filed to the above-captioned Docket No.
&:o on behalf of Defendant Lynn M. Fromm, an certify that I am authorized to
do so.
Date Michael L. Bangs uthorized Agent
429 South 18" Street Camp Hill PA 17011
Mailing Address
L., 2 C 20Ub
h?
C-D
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MICHAEL L. BANGS, ESQUIRE ATTORNEY FOR DEFENDANT
I.D. No. 41263 LYNN M. FROMM
429 South 1$'' Street, Camp Hill, PA 17011
(717) 730-7310
SPANGLER MILL, INC., d/b/a ) IN THE COURT OF COMMON PLEAS
EWING ROOFING, ) OF CUMBERLAND COUNTY,
Plaintiff ) PENNSYLVANIA
VS. ) CIVIL ACTION
LYNN M. FROMM, NORMAN H. ) DOCKET NO. 06-6761 CIVIL TERM
FROMM, II, BERNARD M. BRENNAN )
and CHRISTINE M. BRENNAN, ) NOTICE
Defendants )
YOU ARE HEREBY NOTIFIED TO RESPOND TO THE
ENCLOSED NEW MATTER, COUNTERCLAIM AND
CROSS-CLAIM WITHIN TWENTY (20) DAYS FROM
SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE
ENTERED AGAINST YOU.
1 9?
MICHAEL L. BANGS (ID[#41
Attorney for Defendant Lynn tlyromm
ANSWER, NEW MATTER. COUNTERCLAIM AND CROSS-CLAIM OF
DEFENDANT LYNN M. FROMM
AND NOW comes the Defendant, Lynn M. Fromm, by and through her counsel, Michael
L. Bangs, Esquire, and files this Answer, New Matter, Counterclaim and Cross-Claim:
1. Denied. Defendant Lynn M. Fromm (hereinafter "Defendant Fromm") is without
information sufficient to form a belief as to the truth of this averment and therefore it is denied
and strict proof thereof is demanded at the trial of this case.
2. Admitted.
3. Admitted.
4. Denied. After reasonable investigation, Defendant Fromm is without knowledge
sufficient to form a belief as to the truth of this averment and therefore it is denied and strict
proof thereof is demanded at the trial of this case.
5. Denied. After reasonable investigation, Defendant Fromm is without information
sufficient to form a belief as to the truth of this averment and therefore it is denied and strict
proof thereof is demanded at the trial of this case.
6. Denied. After reasonable investigation, Defendant Fromm is without knowledge
sufficient to form a belief as to the truth of this averment and therefore it is denied and strict
proof thereof is demanded at the trial of this case.
7. Admitted in part and denied in part. It is admitted that Defendant Fromm and
Defendant N. Fromm were husband and wife as of June 16, 2003. The remainder of this
averment is denied.
8. Denied. After reasonable investigation, Defendant Fromm is without knowledge
sufficient to form a belief as to the truth of this averment and therefore it is denied and strict
proof thereof is demanded at the trial of this case.
9. Denied. After reasonable investigation, Defendant Fromm is without knowledge
sufficient to form a belief as to the truth of this averment and therefore it is denied and strict
proof thereof is demanded at the trial of this case.
10. Denied. After reasonable investigation, Defendant Fromm is without knowledge
sufficient to form a belief as to the truth of this averment and therefore it is denied and strict
proof thereof is demanded at the trial of this case.
11. Denied. After reasonable investigation, Defendant Fromm is without knowledge
sufficient to form a belief as to the truth of this averment and therefore it is denied and strict
proof thereof is demanded at the trial of this case.
2
12. Denied. After reasonable investigation, Defendant Fromm is without knowledge
sufficient to form a belief as to the truth of this averment and therefore it is denied and strict
proof thereof is demanded at the trial of this case.
13. Denied. After reasonable investigation, Defendant Fromm is without knowledge
sufficient to form a belief as to the truth of this averment and therefore it is denied and strict
proof thereof is demanded at the trial of this case.
14. Denied. After reasonable investigation, Defendant Fromm is without knowledge
sufficient to form a belief as to the truth of this averment and therefore it is denied and strict
proof thereof is demanded at the trial of this case.
15. Denied. After reasonable investigation, Defendant Fromm is without knowledge
sufficient to form a belief as to the truth of this averment and therefore it is denied and strict
proof thereof is demanded at the trial of this case.
COUNT I - BREACH OF CONTRACT
AS TO DEFENDANTS BERNARD M. BRENNAN and CHRISTINE M. BRENNAN
16 - 20. Denied generally. Count I does not apply to Defendant Fromm and therefore no
answer is required. To the extent an answer is required it is denied.
COUNT II - BREACH OF CONTRACT
AS TO DEFENDANT LYNN M. FROMM
21. Answers to Paragraphs 1 through 20 are incorporated herein by reference.
22. Denied. It is specifically denied that Defendant Fromm, by virtue of her former
occupancy of the Property, was aware of any need for roof repairs or aware that her former
husband Defendant N. Fromm, contacted Ewing for a repair/replacement estimate. It is averred
that Defendant Fromm, at the time that the work was performed on the Property, was the sole
and exclusive owner of the Property having received it in a divorce settlement and that she had
no intentions of performing work on the roof.
23. Denied. It is specifically denied that Defendant N. Fromm ever had any apparent or
actual authority from Defendant Fromm. Additionally, it is specifically denied that Defendant
Fromm ever authorized or in any way arranged for Defendants B. Brennan and C. Brennan to
contact Ewing to arrange for any roof repairs in August, 2005. It is averred that Defendant
Fromm, who was the owner of the Property in August 2005, was unaware of any repairs being
made until well after the work was performed which was done without her authority and consent.
24. Denied. It is specifically denied that Defendant N. Fromm had the apparent or actual
authority to act on behalf of Defendant Fromm. After reasonable investigation, Defendant
Fromm is without knowledge sufficient to form a belief as to the truth of the rest of the averment
and therefore it is denied and strict proof thereof is demanded at the trial of this case.
25. Denied. It is specifically denied that Defendant Fromm has made any oral
commitment to Plaintiff to make any payment for any alleged work done on the Property.
WHEREFORE, Defendant Fromm demands judgment be entered in her favor and
against Plaintiff Ewing Roofing.
COUNT III - BREACH OF CONTRACT
AS TO DEFENDANT NORMAN H. FROMM, II
26 - 30. Denied generally. Count III does not apply to Defendant Fromm and therefore
no answer is required. To the extent an answer is required it is denied.
COUNT IV - UNJUST ENRICHMENT
AS TO DEFENDANT LYNN M. FROMM
31. Answers to paragraphs I through 24 are incorporated herein by reference.
4
32. Denied as stated. Defendant Fromm is unable to determine the exact meaning of this
averment but to the extent that the averment means that the Property was previously owned by
Defendant Fromm and Defendant N. Fromm as husband and wife. Defendant Fromm and
Defendant N. Fromm were divorced and as part of the distribution of their marital property, this
Property was transferred to Defendant Fromm.
33. Denied as stated. It is specifically denied that Defendant N. Fromm retained any
interest in the Property following a certain marital settlement agreement between the parties in
relation to the distribution of their marital assets. Defendant N. Fromm gave up any right, title
and interest that he had in the Property upon the signing of the marital settlement agreement and
had no authority to act on Defendant Fromm's account in regard to the Property.
34. Denied. It is specifically denied that Defendant N. Fromm had apparent or actual
authority to act at any time on behalf of Defendant Fromm in relation to this or any other matters
of Defendant Fromm in relation to the Property at issue in this case or any other property owned
by Defendant Fromm. Moreover, it is specifically denied that Defendant Fromm gave any
authority to Defendant N. Fromm to make any promises on her behalf as it relates to payment of
any alleged repairs that were done to the Property that were not authorized or known to have
occurred.
35. Denied. After reasonable investigation Defendant Fromm is without knowledge
sufficient to form a belief as to the truth of this averment and therefore it is denied and strict
proof thereof is demanded at the trial of this case.
36. Denied. It is specifically denied that Defendant Fromm was aware at any time that
her tenants had contacted Plaintiff for purposes of making roof repairs to the Property or that
Defendant Fromm authorized them to contact Plaintiff. Further, it is specifically averred that
5
Defendant Fromm at no time authorized the Plaintiff to enter on to her Property for purposes of
making repairs to her property.
37. Admitted in part and denied in part. It is admitted that Defendant Fromm has failed
and refused to make payment for the roof repairs. It is denied that Defendant Fromm has any
responsibility to pay for any roof repairs that were not authorized by her.
38. Denied. It is specifically denied that Defendant Fromm has unfairly benefited as a
result of Plaintiffs work or that she has been unjustly enriched in any amount. Moreover, it is
averred that any work done to the Property by Plaintiff in no event enriched the Property and
specifically it did not enrich the Property in the amount claimed.
WHEREFORE, Defendant Fromm demands judgment against Plaintiff, together with
costs of suit.
COUNT V - UNJUST ENRICHMENT
AS TO DEFENDANTS BERNARD M. BRENNAN and CHRISTINE M. BRENNAN
39. Answers to Paragraphs 1 through 32 are incorporated herein by reference. The
remaining averments of this Count V are directed to another defendant and therefore no answer
is required from Defendant Fromm. To the extent an answer is required it is denied.
NEW MATTER
42. Answers to paragraphs 1 through 41 are incorporated herein by reference.
43. Defendant Fromm, in the fall of 2005, was the absolute and fee simple owner of the
real estate known as 600 Laving Drive, Upper Allen Township, Cumberland County,
Pennsylvania, referred to as the Property in Plaintiffs Complaint.
44. Defendant Fromm at no time entered into any contractual relationship with Plaintiff
whereby she agreed to have Plaintiff perform any work on the Property.
6
45. Defendant Fromm never gave Plaintiff authority to enter onto her land at any time.
46. Defendant Fromm never authorized her tenants, Defendant B. Brennan and
Defendant C. Brennan, to enter into any contractual relationship with Plaintiff for repair the roof
on the Property.
47. Defendant Fromm never authorized Defendant N. Fromm to enter into any type of
agreement with Plaintiff for the repairs of the roof to the Property nor did she authorize him to
enter into any oral agreement whereby he agreed, on her behalf, to make any payment for any
work that was performed on the Property.
48. Defendant Fromm was never contacted by Plaintiff nor any of the other defendants in
this case advising her that work was being performed on the Property by Plaintiff.
49. Plaintiff knew or should have known that Defendant Fromm was the owner of the
Property and Plaintiff made no effort to contact Defendant Fromm prior to commencement of
work that was performed on the Property.
50. Plaintiff knew or should have known that Defendants Brennan were not owners of
the Property; rather they were tenants of the Property.
51. Plaintiff made no inquiry as to whether or not Defendants Brennan had the authority
to have repairs completed on the Property owned by Defendant Fromm.
52. Plaintiff is estopped from asserting any claim against Defendant Fromm since
Defendant Fromm did not enter into any contractual relationship with Plaintiff.
53. Plaintiff's claims against Defendant Fromm are barred by the statute of frauds.
54. Plaintiff's claims against Defendant Fromm are barred by failure of consideration.
55. Plaintiff cannot assert a claim against Defendant Fromm because Defendant Fromm
never authorized the work to be performed; never entered into any contractual relationship
7
V
directly with Plaintiff; was not aware that the work was being performed on the Property until
such time as demand was made for payment; and never authorized anyone else to act on her
behalf and permit the Plaintiff to enter onto her property and make repairs to the Property.
COUNTERCLAIM - TRESPASS
DEFENDANT LYNN M FROMM vs. SPANGLER MILL, INC., d/b/a Ewing Roofins
56. Paragraphs 1 through 55 are incorporated herein by reference.
57. Plaintiff knew or should have known that Defendant Fromm was the owner of the
Property prior to the commencement of work on the Property.
58. Plaintiff made no attempt to contact Defendant Fromm prior to its entry upon her
Property.
59. Plaintiff made no attempt or investigation to ascertain whether or not Defendants
Brennan had the authority to permit Plaintiff onto Defendant Fromm's Property.
60. Defendant Fromm at no time authorized anyone other than Defendants Brennan to be
on her Property and that authority was limited to Defendants Brennan residing at the Property as
tenants of the Property.
61. Plaintiff trespassed upon Defendant Fromm's Property when it came on to the
Property to make repairs and continued to trespass on the Property for the entire time that it
made repairs to the roof.
62. Any trespass upon land owned by another, in this case Defendant Fromm, subjects to
the trespassor to liability for that trespass.
63. Plaintiff is liable to Defendant Fromm for damages as a result of the trespass.
8
WHEREFORE, Defendant Fromm demands damages against Plaintiff in an amount not
to exceed the jurisdictional amount for arbitration in this case, together with interest plus costs of
suit.
CROSS-CLAIM
DEFENDANT LYNN FROMM vs. DEFENDANTS BERNARD M. BRENNAN and
CHRISTINE M. BRENNAN
64. Paragraphs 1 through 63 are incorporated herein by reference.
65. Defendant Fromm never authorized Defendants B. Brennan and C. Brennan to enter
into any type of contractual relationship with Plaintiff whereby Plaintiff would perform work on
the Property.
66. To the extent that Defendant Fromm is deemed to be liable to Plaintiff for the repairs
claimed in this suit, which Defendant Fromm denies, Defendants B. Brennan and C. Brennan are
solely liable on Plaintiff's cause of action; liable over to Defendant Fromm on Plaintiffs cause
of action; or jointly or severally liable with Defendant N. Fromm on Plaintiff's cause of action.
WHEREFORE, Defendant Fromm respectfully requests that this Honorable Court enter
judgment in her favor and against Defendants B. Brennan and C. Brennan in accordance with
this cross-claim together with all allowable costs.
CROSS-CLAIM
DEFENDANT LYNN FROMM vs. DEFENDANT N. FROMM
67. Paragraphs 1 through 66 are incorporated herein by reference.
68. Defendant Fromm never authorized Defendant N. Fromm to act on her behalf or to
enter into any agreement on Defendant Fromm's behalf obligating her to make any payment for
any repairs done by Plaintiff on the Property.
9
69. To the extent that Defendant Fromm is deemed to be liable to Plaintiff for the repairs
claimed in this suit, which Defendant Fromm denies, Defendant N. Fromm is solely liable on
Plaintiff's cause of action; liable over to Defendant Fromm on Plaintiff's cause of action; or
jointly or severally liable with Defendants B. Brennan and C. Brennan on Plaintiff's cause of
action.
WHEREFORE, Defendant Fromm respectfully requests that this Honorable Court enter
judgment in her favor and against Defendant N. Fromm in accordance with this cross-claim
together with all allowable costs.
Respectfully submitted,
kj_t4 Z' MICHAEL L. BANGS
Attorney for Defendant M. Fromm
429 South 18th Street
Camp Hill, PA 17011
(717) 730-7310
Supreme Court ID #41263
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VERIFICATION
I hereby verify that the statements made in the foregoing document are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section
4904, relating to unsworn falsification to authorities.
Date: /'C'. ? tv J
M. FROMM
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I have this day served the foregoing by depositing a copy of
the same in the United States mail, postage prepaid, at Camp Hill, Pennsylvania, addressed to the
following:
Michael L. Solomon, Esquire
Saidis, Flower & Lindsay
2109 Market Street
Camp Hill, PA 17011
James DeCinti, Esquire
Dickie McCamey & Chilcote
1200 Camp Hill Bypass, Suite 205
Camp Hill, PA 17011
Bernard M. Brennan
Christine M. Brennan
4815 E. Trindle Road, Unit 6
Mechanicsburg, PA 17055
DATE: I- Ld
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
SPANGLER MILL, INC. d/b/a
EWING ROOFING,
Plaintiff
: DOCKET NO. 06-6761
V. : CIVIL TERM
LYNN M. FROMM, NORMAN H. FROMM,II, :
BERNARD M. BRENNAN and CHRISTINE
M. BRENNAN,
Defendants
DEFENDANTS BERNARD M. BRENNAN AND
CHRISTINE M. BRENNAN'S ANSWERS TO COMPLAINT
OF SPANGLER MILL INC. d/b/a EWING ROOFING
AND NOW, this 8 day of January, 2007, comes Defendants
Bernard M. Brennan and Christine M. Brennan, pro se, and files their answers to
the above-captioned complaint.
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
r
6. Neither admitted nor denied. Defendants Bernard Brennan
and Christine Brennan are without sufficient knowledge or
information as to the events of June 16, 2003.
7. Neither admitted nor denied. Defendants Bernard and
Christine Brennan were not acquainted with N. Fromm and
L. Fromm at that time, and have no information regarding
this allegation.
8. Neither admitted nor denied. Defendants Bernard and
Christine Brennan are without sufficient knowledge or
information as to the allegation stated in paragraph 8.
9. Admitted.
10. Admitted.
11. Admitted. By way of further answer, a copy of the estimate
from Ewing was given to L. Fromm by Defendant Christine
Brennan and L. Fromm verbally agreed to have Ewing make
the repairs to the roof.
12. Admitted.
13. Admitted.
14. Admitted.
15. Denied. Defendants Bernard and Christine Brennan are
without information or knowledge of any telephone
conversations or commitments between Ewing and N.
Fromm.
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COUNT I - BREACH OF CONTRACT
AS TO DEFENDANTS BERNARD M BRENNAN AND CHRISTINE M.
BRENNAN
16. Paragraphs 1-14 are incorporated by reference as if fully set
forth herein.
17. Denied. Defendants Bernard and Christine Brennan do not
have an obligation to Ewing because they were renters not
owners of the property. Lynn Fromm is responsible for
payment to Ewing for the repairs made by virtue of the fact
that Lynn Fromm is the owner and landlord of the property
and by giving verbal consent to make the repairs.
18. Admitted and denied. Admitted that a demand letter was
sent to Christine Brennan. Denied that it was her
responsibility to make payment. The actual owner of the
property was Lynn Fromm and the responsibility is hers to
pay for repairs to the roof on a dwelling on her property.
19. Admitted.
20. Admitted and denied. It is admitted that Defendants
Bernard and Christine Brennan have not made payments for
the repairs to Ewing. It is denied that they are obligated
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because the burden of payment is upon L. Fromm by her
verbal consent to make repairs.
WHEREFORE, Defendants Bernard Brennan and Christine Brennan
are not responsible for payment of the roof repairs. Payment must be made by
L. Fromm, owner and landlord of the property.
COUNT II - BREACH OF CONTRACT
AS TO DEFENDANT LYNN M. FROMM
21. Paragraphs 1-19 are incorporated by reference as if fully set
forth herein.
22. Denied. Defendants Bernard and Christine Brennan are
without knowledge or information regarding the events
alleged in paragraph 22.
23. Denied. Actual authority to proceed with repairs to the roof
of the property was given by L. Fromm.
24. Denied. Defendants' Bernard and Christine Brennan are
without knowledge or information regarding any telephone
calls or commitments involving N. Fromm and Ewing.
25. Admitted.
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COUNT III - BREACH OF CONTRACT
AS TO DEFENDANT NORMAN H. FROMM, II
26. Paragraphs 1-25 are incorporated herein by reference.
27. Denied. Defendants Bernard and Christine Brennan are
without sufficient knowledge or information as to the
allegations of paragraph 27.
28. Admitted.
29. Denied. N. Fromm did not arrange for Defendants` Bernard
and Christine Brennan to contact Ewing to arrange for roof
repairs. It is unknown to Defendants B. and C. Brennan if
N. Fromm made any oral commitments with Ewing to make
payments upon the invoice.
30. Admitted.
COUNT IV - UNJUST ENRICHMENT
AS TO DEFENDANT LYNN M. FROMM
31. Paragraphs 1-24 are incorporated herein by reference.
32. Admitted.
33. Admitted.
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34. Defendants Bernard and Christine Brennan are without
sufficient knowledge or information regarding the allegations
in paragraph 34.
35. Denied. At the time the lease was negotiated and signed,
the transaction was conducted with N. Fromm, L. Fromm did
not participate. Defendants B. and C. Brennan believed they
were leasing the property from N. Fromm, until N. Fromm
informed them that the landlord was L. Fromm.
36. Admitted.
37. Admitted
38. Admitted.
COUNT V- MUST ENRICHMENT
AS TO DEFENDANTS BERNARD M. BRENNAN AND
CHRISTINE M. BRENNAN
39. Paragraphs 1-32 are incorporated herein by reference.
40. Denied.
41. Denied. Defendants Bernard and Christine Brennan referred
the matter of payment to L. Fromm for payment as per her
verbal consent. Defendants B . and C. Brennan are without
information or knowledge as to any telephone conversations
between N. Fromm and Ewing.
WHEREFORE, the only person unjustly enriched by the roof
repairs is Lynn Fromm. Repairs to the roof made the property more livable
without the concern of rain entering through all the holes in the roof and making
the property constantly wet and moldy. These repairs needed to be made and
should have been made before renting the property to anyone. Therefore, the
payment to Ewing for these repairs must be made by Lynn Fromm.
Respectfully submitted,
Bernard M. Brennan, pro se
4815 East Trindle Road
Mechanicsburg, PA 17050
Christine Brennan, pro se
4815 East Trindle Road
Mechanicsburg, PA 17050
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
SPANGLER MILL, INC. d/b/a DOCKET NO. 06-6761
EWING ROOFING,
Plaintiff
V. : CIVIL TERM
LYNN M. FROMM, NORMAN H. FROMM,II,
BERNARD M. BRENNAN and CHRISTINE
M. BRENNAN,
Defendants
CERTIFICATE OF SERVICE
I hereby certify that this day of January, 2007, I served copies of
Defendants Bernard Brennan and Christine Brennan's Answer to the Complaint
upon the following by first class mail postage prepaid:
John E. Slike, Esquire Michael Solomon, Esquire
SAIDIS, FLOWER & LINDSAY SAIDIS, FLOWER & LINDSAY
2109 Market Street 2109 Market Street
Camp Hill, PA 17011 Camp Hill, PA 17011
Attorneys for the Plaintiffs
(" A, /Z"",
Christine M. Brennan. Pro se
4815 E. Trindle Road
Mechanicsburg, PA 17050
Bernard M. Brennan, Pro se
4815 E. Trindle Road
Mechanicsburg, PA 17050
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SPANGLER MILL INC. d/b/a
EWING ROOFING,
Plaintiff
Vs.
LYNN M. FROMM, NORMAN H. FROMM, II
BERNARD M. BRENNAN and CHRISTINE
M.BRENNAN
Defendants
:COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY
: PENNSYLVANIA
: CIVIL ACTION - LAW
: Docket No: 06-6761
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Kindly enter our appearance on behalf of Additional Defendant, Norman H.
Fromm, II in the above-captioned action.
Date: January 9, 2007
DICKIE, MCCAMEY & CHILCOTE, P.C.
James eCinti, Esquire
Attorney I.D. # 77421
1200 Camp Hill Bypass
Suite 205
Camp Hill, PA 17011
Tele: (717) 731-4800
Counsel for Defendant, Norman H. Fromm, 11
t . •
CERTIFICATE OF SERVICE
AND NOW, this day of 's-.k-, 2007, I, James DeCinti, Esquire,
hereby certify that I did serve a true and correct copy of the foregoing document upon
all counsel of record by depositing, or causing to be deposited, same in the U.S. mail,
postage prepaid, at Camp Hill, Pennsylvania, addressed as follows:
John Sike, Esquire
Saidis, Flower & Lindsay
2109 Market Street
Camp Hill, PA 17011
(Attorney for Plaintiff)
Michael L. Bangs, Esquire
Bangs Law Office
429 South 18th Street
Camp Hill, PA 17011
(Attorney for Defendant, Lynn Fromm)
Bernard M. Brennan
4815 East Trindle Road, Unit 6
Mechanicsburg, PA 17055
Christine M. Brennan
4815 East Trindle Road, Unit 6
Mechanicsburg, PA 17055
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90728
DICKIE, MCCAMEY & CHILCOTE, P.C.
BY: JAMES DECINTI, ESQUIRE ATTORNEY FOR: DEFENDANT
1200 Camp Hill Bypass, Suite 205 NORMAN FROMM, H
Camp Hill, PA 17011
(717)7314800 (Tele)
(717)7314803 ax
SPANGLER MILL, INC. D/B/A EWING IN THE COURT OF COMMON PLEAS
ROOFING, OF CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiff
NO. 06-6761
V.
LYNN M. FROMM, NORMAN H. FROM,
II, BERNARD M. BRENNAN AND
CHRISTINE BRENNAN,
Defendants
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
NOTICE TO PLEAD
TO: Bernard Brennan
4815 East Trindle Road, Unit 6
Mechanicsburg, PA 17055
Christine Brennan
4815 East Trindle Road, Unit 6
Mechanicsburg, PA 17055
John Sike, Esquire
Saidis, Flower & Lindsay
2109 Market Street
Camp Hill, PA 17011
(Plaintiff's Counsel
Michael Bangs, Esquire
Bangs Law Office
429 South 19th Street
Camp Hill, PA 17011
(Attorney for Lynn Fromm)
YOU ARE HEREBY NOTIFIED TO PLEAD TO THE WITHIN NEW MATTER AND
NEW MATTER CROSS CLAIM OF NORMAN FROMM, II, WITHIN TWENTY (20) DAYS
OF THE DATE OF SERVICE OF THIS PLEADING OR JUDGMENT MAY BE ENTERED
AGAINST YOU.
Respectfully submitted,
DICKIE, CCAMEY & CHILCOTE, P.C.
Date: January 16, 2007 By:
James DeCinti, Esquire
Attorney I. D. # 77421
1200 Camp Hill Bypass, Suite 205
Camp Hill, PA 17011-3700
(717) 731-4800
Attorney for Defendants, Norman Fromm, II
90699
DICKIE, MCCAMEY & CHILCOTE, P.C.
BY: JAMES DECINTI, ESQUIRE
1200 Camp Hill Bypass, Suite 205
Camp Hill, PA 17011
(717)7314800 (Tele)
(717)7314803 (Fax)
SPANGLER MILL, INC. DB/A EWING
ROOFING,
Plaintiff
V.
LYNN M. FROMM, NORMAN H. FROM,
II, BERNARD M. BRENNAN AND
CHRISTINE BRENNAN,
Defendants
ATTORNEY FOR: DEFENDANT
NORMAN FROMM, H
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 06-6761
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
MA'
H.
AND NOW, comes the Defendant, Norman H. Fromm, II, by and through his attorneys,
Dickie, McCamey & Chilcote and hereby files the instant Answer, New Matter and New Matter
Cross Claims as follows:
1. It is admitted that the Plaintiff is who it states it is.
2. Admitted on information and belief.
3. Admitted.
4. Admitted on information and belief.
5. Admitted on information and belief.
6. It is admitted that Answering Defendant, Norman Fromm, II, requested that
Plaintiff's furnish an estimate for certain roof repairs to the named property. By way of further
response, Answering Defendant, Norman Fromm, II, never expressed or implied any authority
for Plaintiffs to preform any work in conjunction with that estimate, and none was ever
commenced.
7. Admitted in part; denied in the remainder. It is admitted only that on June 16,
2003, Answering Defendant and Defendant Lynn Fromm were married. The remainder of the
allegations are denied, and strict proof is demanded at trial.
8. It is admitted only that an estimate was prepared and that a copy of the estimate is
purportedly attached to Plaintiff s Complaint as Exhibit "A". By way of further response, see
response above to number 6.
9. It is admitted only that no action was taken in response to the estimate prepared
by Plaintiff dated June 27, 2003. By way of further response, Answering Defendant, Norman
Fromm, is, after reasonable investigation, without knowledge or information sufficient to form a
belief as to the truth of the allegations contained in this paragraph and therefore same are denied.
Strict proof is demanded at the time of trial.
10. It is admitted only that a copy of an estimate dated August 30, 2005, is attached to
Plaintiffs Complaint as Exhibit "B". With regard to the remainder of the allegations contained
in this paragraph, Answering Defendant, Norman Fromm, is, after reasonable investigation,
without knowledge or information sufficient to form a belief as to the truth of the allegations
contained in this paragraph and therefore same are denied. Strict proof is demanded at the time
of trial.
11. Answering Defendant, Norman Fromm, is, after reasonable investigation, without
knowledge or information sufficient to form a belief as to the truth of the allegations contained in
this paragraph and therefore same are denied. Strict proof is demanded at the time of trial.
2
12. Answering Defendant, Norman Fromm is, after reasonable investigation, without
knowledge or information sufficient to form a belief as to the truth of the allegations contained in
this paragraph and therefore same are denied. Strict proof is demanded at the time of trial.
13. Answering Defendant, Norman Fromm is, after reasonable investigation, without
knowledge or information sufficient to form a belief as to the truth of the allegations contained in
this paragraph and therefore same are denied. Strict proof is demanded at the time of trial.
14. Denied as stated. The invoice, attached as Exhibit "C" being in writing speaks for
itself.
15. Denied. Each and every allegation in this paragraph is denied and strict proof is
demanded at trial.
COUNT I - BREACH OF CONTRACT AS TO DEFENDANTS BERNARD M.
BRENNAN AND CHRISTINE M. BRENNAN.
16. No response is required.
17-20. The allegations contained in these paragraphs are directed to defendants other
than Answering Defendant, and therefore no response is required.
COUNT II - BREACH OF CONTRACT AS TO DEFENDANT LYNN FROMM
21. No response is required.
22. The allegation contained in this paragraph is directed to a defendant other than
Answering Defendant and therefore no response is required.
3
23. The allegation contained in this paragraph is a conclusion of fact and of law to
which no reply is required. To the extent that a response is deemed required the allegation
contained in this paragraph is specifically denied.
24. Denied. Each and every allegation in this paragraph is denied and strict proof is
demanded at trial.
25. The allegation contained in this paragraph is directed to a defendant other than
Answering Defendant Norman Fromm and therefore no response is required. By way of further
response, to the extent that the allegations are directed at Answering Defendant, same are
conclusions of fact and of law to which no response is required. Strict proof is demanded at the
time of trail.
COUNT III - BREACH OF CONTRACT AS TO DEFENDANT
NORMAN H. FROMM, II
26. No response is required.
27-30. The allegations contained in these paragraphs are conclusions of fact and of law to
which no response is required. To the extent a response is deemed required the allegations
contained in these paragraphs are specifically denied. Strict proof is demand at the time of trial.
WHEREFORE, Defendant Norman H. Fromm, II, respectfully requests that this
Honorable Court dismiss Plaintiff's action in its entirety, award attorneys fees and costs in favor
of defendant Norman Fromm, and all other relief that this Court deems just and proper.
4
COUNT IV - UNJUST ENRICHMENT AS TO DEFENDANT LYNN M. FROMM
31. No response is required.
32-38. The allegations contained in these paragraphs regarding unjust enrichment are
directed to a defendant other than answering defendant Norman H. Fromm and therefore no
response is required. To the extent that any allegations contained in these paragraphs refer to,
relate to, or concern Answering Defendant, Norman Fromm, same are specifically denied.
COUNT V - UNJUST ENRICHMENT AS TO DEFENDANTS BERNARD M. BRENNAN
AND CHRISTINE M. BRENNAN
39. No response required.
40. The allegations contained in this paragraph are directed to defendants other than
Answering Defendant Norman Fromm and therefore no response is required.
41. The allegation contained in this paragraph is a conclusion of fact and of law to
which no reply is required. Strict proof is demanded at the time of trial.
NEW MATTER
42. Plaintiff has failed to state a cause of action upon which relief may be granted.
43. Defendant Norman Fromm did not authorize Plaintiff to do any work as alleged in
the Complaint.
44. Defendant Norman Fromm is not an agent or apparent agent of Co-defendants
Bernard M. Brennan or Christine M. Brennan.
45. Defendant Norman Fromm is not an agent or apparent agent of Co-Defendant
Lynn Fromm.
46. Defendant Norman Fromm did not own the home identified in Plaintiff's
Complaint at the time Plaintiff alleges the work to the roof was complete.
47. There is no contract either oral or written, actual or implied, between Plaintiff and
Defendant Norman Fromm.
48. The document attached to Plaintiff's Complaint as Exhibit "A" is, by Plaintiff's
admission and by the document's own language, merely an estimate and not a contract.
49. In addition, the estimate attached as Exhibit "A" has a specific area requiring a
signature for the estimate to be accepted, which is not signed in this case.
50. The estimate attached hereto as Exhibit "A", is dated June 27, 2003, more than
two years prior to the date Plaintiff alleges the work to the roof was done.
51. The estimate attached to Plaintiff's Complaint as Exhibit "B" is signed by Co-
defendant Christine Brennan and dated September 5, 2005.
52. Answering Defendant, Norman Fromm, II, is not liable to Plaintiff.
53. Answering Defendant incorporates herein every affirmative defense set forth
in Pennsylvania Rules of Civil Procedure 1030(a).
54. Plaintiff, a business entity through its agents, should have known that the
Brennan Defendants did not own the property, and should have inquired as to whether the
Brennan had authority to enter into a contract with Plaintiff.
WHEREFORE, Answering Defendant Norman Fromm, II respectfully requests that this
Honorable Court enter judgement in his favor and against Plaintiff in this case.
6
NEW MATTER PURSUANT TO PA. R.C.P. 2252(c)
NORMAN FROMM V. BERNARD M. BRENNAN AND CHRISTINE M. BRENNAN
AND LYNN FROMM
55. Paragraphs 1 through 54 are incorporated by reference as if set forth at length.
56. Answering Defendant Norman Fromm, II, without vouching for the accuracy of
same, hereby incorporates by reference as fully set forth the Plaintiff's Complaint as it pertains to
Co-Defendants Bernard M Brennan and Christine M. Brennan and Lynn Fromm and avers that if
Plaintiff is entitled to any recovery, which entitlement is specifically denied, the liability is the
sole liability of Bernard M. Brennan, Christine M. Brennan and Lynn Fromm.
57. In the alternative, Bernard M. Brennan, Christine M. Brennan and Lynn Fromm
are jointly and/or severely liable to the Plaintiff and/or liable over to the Answering Defendant
for contribution and/or indemnity.
WHEREFORE, Defendant Norman Fromm, II, respectfully requests that this Honorable
Court dismiss Plaintiff's Complaint as it pertains to Defendant Norman Fromm, II and find that
Co-defendants, Bernard M. Brennan, Christine M. Brennan and Lynn Fromm are solely liable,
liable over and/or jointly and severely liable, and enter judgment thereon in favor of Defendant
Norman Fromm, II together with all liable costs and attorneys fees.
Respectfully submitted,
DICKIE, CCAMEY & CHILCOTE, P.C.
Date: January 16, 2007 By:
James DeCinti, Esquire
Attorney I. D. # 77421
1200 Camp Hill Bypass, Suite 205
Camp Hill, PA 17011-3700
(717) 731-4800
Attorney for Defendants, Norman Fromm, II
7
VIERIFICII,TION
I, , hereby verify that the facts set forth in the foregoing Answer, New Matter, new
matter Cross Claim, are true and correct to the best of my knowledge, information and belief.
I understand that false statements herein are made subject to the penalties of 18
Pa.C.S. §4904, relating to unsworn falsification to authorities.
r
CERTIFICATE OF SERVICE
AND NOW, January 16, 2007, I, James DeCinti, Esquire, hereby certify that I did serve a
true and correct copy of the foregoing ANSWER, NEW MATTER AND NEW MATTER
CROSS CLAIM OF DEFENDANT, NORMAN H. FROMM, II TO PLAINTIFF'S
COMPLAINT upon all counsel of record by depositing, or causing to be deposited, same in the
U.S. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows:
By First-Class Mail:
Bernard Brennan
4815 East Trindle Road, Unit 6
Mechanicsburg, PA 17055
Christine Brennan
4815 East Trindle Road, Unit 6
Mechanicsburg, PA 17055
John Sike, Esquire
Saidis, Flower & Lindsay
2109 Market Street
Camp Hill, PA 17011
(Plaintiff's Counsel)
Michael Bangs, Esquire
Bangs Law Office
429 South 19th Street
Camp Hill, PA 17011
(Attorney for Lynn Fromm)
r'
J s DeCinti, Esquire
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DICKIE, MCCAMEY & CHILCOTE, P.C.
BY: JAMES DECINTI, ESQUIRE ATTORNEY FOR: DEFENDANT
ATTORNEY I.D. NO. 77421 NORMAN FROMM, H
1200 Camp Hill Bypass, Suite 205
Camp Hill, PA 17011
(717)7314800 (Tele)
(717)7314803 ax
SPANGLER MILL, INC. DB/A EWING IN THE COURT OF COMMON PLEAS
ROOFING, OF CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiff
V.
NO. 06-6761
CIVIL ACTION - LAW
LYNN M. FROMM, NORMAN H. FROM,
II, BERNARD M. BRENNAN AND
CHRISTINE BRENNAN,
Defendants
JURY TRIAL DEMANDED
AND NOW, January 17, 2007, comes Defendant, Norman Fromm, II, by and through his
counsel, Dickie, McCamey & Chilcote, P.C. and files the within ANSWER OF DEFENDANT,
NORMAN FROMM, TO CROSS CLAIM OF DEFENDANT, LYNN FROMM as follows:
67. No response required.
68. The allegation contained in this paragraph is a conclusion of fact and of law to
which no response is required. By way of further response, answering defendant Norman
Fromm, did not enter into any agreement with Plaintiff or any party or persons concerning the
allegation contained in Plaintiff's Complaint.
69. The allegation contained in this paragraph is a conclusion of fact and of law to
which no response is required. To the extent that a response is deemed required it is specifically
denied that Answering Defendant, Norman Fromm is liable to any party to this action in any
manner whatsoever.
WHEREFORE, Answering Defendant, Norman Fromm, II respectfully request that this
Honorable Court enter judgment in favor of Answering Defendants, together with all allowable
costs and attorneys fees.
Respectfully submitted,
DICKIE, MCCAMEY & CHILCOTE, P.C.
Date: January 17, 2007 By:
James DeCinti, Esquire
ATTORNEY I.D. NO. 77421
1200 Camp Hill Bypass, Suite 205
Camp Hill, PA 17011-3700
(717) 731-4800
Attorney for Defendants, Norman Fromm, II
CERTIFICATE OF SERVICE
AND NOW, January 17, 2007, I, James DeCinti, Esquire, hereby certify that I did serve a
true and correct copy of the foregoing ANSWER OF DEFENDANT, NORMAN FROMM,
TO CROSS CLAIM OF DEFENDANT, LYNN FROMM upon all counsel of record by
depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Camp Hill,
Pennsylvania, addressed as follows:
By First-Class Mail:
John Sike, Esquire
SAIDIS, FLOWER & LINDSAY
2109 Market Street
Camp Hill, PA 17011
Phone: (717) 737-3405
(Attorney for Plaintiff, Spangler Mill, Inc. d/b/a Ewing Roofing)
Michael L. Bangs, Esquire
BANGS LAW OFFICE
429 South 19th Street
Camp Hill, PA 17011
Phone: (717) 730-7310
(Attorney for Defendant Lynn Fromm)
Christine Brennan
4815 East Trindle Road, Unit 6
Mechanicsburg, PA 17055
(Pro Se Defendant)
Bernard M. Brennan
4815 East Trindle Road, Unit 6
Mechanicsburg, PA 17055
(Pro Se Defendant)
James DeCinti, Esquire
c
A" P
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
SPANGLER MILL, INC. d/b/a DOCKET NO. 06-6761
EWING ROOFING,
Plaintiff
V.
: CIVIL TERM
LYNN M. FROMM, NORMAN H. FROMM,II, :
BERNARD M. BRENNAN and CHRISTINE
M. BRENNAN,
Defendants
DEFENDANTS BERNARD BRENNAN AND CHRISTINE
BRENNAN'S ANSWER TO NEW MATTER OF
DEFENDANT NORMAN FROMM
55. No response required.
56. Denied. Defendants Bernard and Christine Brennan deny any and
all liability. Liability remains with the owner of the property, Lynn Fromm, in that
as owner and landlord of the said property, she knew or should have known
about the repairs needed on the house. The responsibility is hers to pay Ewing
Roofing for the new roof installed on the house. It is not the responsibility of the
Defendants Bernard and Christine Brennan to pay for the repairs since they were
only tenants and not owners of the property. The improvement made to her
property was by her authorization and she is liable to Ewing Roofing for payment
of this improvement.
57. Denied. Lynn Fromm and/or Norman Fromm are jointly and/or
severely liable to Plaintiff Ewing Roofing. Bernard and Christine Brennan are not
liable and should not be a party to this action.
WHEREFORE, Defendants Bernard and Christine Brennan respectfully
request that this Honorable Court find Defendants Norman Fromm and Lynn
Fromm solely liable over and or jointly and severally liable, and enter judgment
in favor of Defendants Bernard and Christine Brennan and against Defendants
Lynn Fromm and Norman Fromm, together with allowable costs.
Respectfully submitted,
Christine Brennan, Pro Se
4815 East Trindle Road, Unit 6
Mechanicsburg, PA 17055
Bernard Brennan, Pro Se
4815 East Trindle Road, Unit 6
Mechanicsburg, PA 17055
.,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
SPANGLER MILL, INC. d/b/a
EWING ROOFING,
Plaintiff
: DOCKET NO. 06-6761
V.
: CIVIL TERM
LYNN M. FROMM, NORMAN H. FROMM,II, :
BERNARD M. BRENNAN and CHRISTINE
M. BRENNAN,
Defendants
CERTIFICATE OF SERVICE
AND NOW, this ?_ day of January, 2007, I hereby certify that I
served a true and correct copy of the foregoing ANSWER TO DEFENDANT
NORMAN FROMM'S NEW MATTER, upon the following by first class U.S. mail,
postage prepaid addressed as follows:
John Slike, Esquire
Saidis, Flower & Lindsay
2109 Market Street
Camp Hill, PA 17011
(Attorney for Ewing Roofing)
Michael Bangs, Esquire
429 South 19"' Street
Camp Hill, PA 17011
(Attorney for Lynn Fromm)
James DeCinti, Esquire
1200 Camp Hill Bypass, Suite 205
Camp Hill, PA 17011
(Attorney for Norman Fromm)
% / / A2
Christine Brennan
4815 East Trindle Road
Mechanicsburg, PA 17055
N
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COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
SPANGLER MILL, INC. d/b/a
EWING ROOFING, DOCKET NO. 06-6761
Plaintiff
V.
LYNN M. FROMM, NORMAN H.
FROMM, II, BERNARD M. BRENNAN
And CHRISTINE M. BRENNAN,
Defendants PREVIOUSLY ASSIGNED TO: N/A
PLAINTIFF'S REPLY TO DEFENDANT NORMAN H. FROMM'S. II, NEW
MATTER
AND NOW THIS, 22nd day of February, 2007, comes the Plaintiff,
Spangler Mill, Incorporated d/b/a Ewing Roofing, by and through its attorneys,
the law firm of Saidis, Flower and Lindsay, and hereby avers as follows:
42. Denied. The averments contained in this paragraph are legal
conclusions to which no response is required.
43. Denied. After reasonable investigation, Plaintiff is without
information sufficient to form a belief as to the truth of the averments contained in
this paragraph.
44. Denied. The averments contained in paragraph 44 are legal
conclusions to which no response is required. To the extent a response is
required, the Plaintiff is without information sufficient to form a belief as to the
truth of the averments contained in this paragraph.
45. Denied. The averments contained in paragraph 45 are legal
conclusions to which no response is required. To the extent a response is
required, the Plaintiff is without information sufficient to form a belief as to the
truth of the averments contained in this paragraph.
'4k.
46. Denied. Plaintiff is without information sufficient to form a belief as
to the truth of the averments contained in this paragraph.
47. Denied. The averments contained in this paragraph are legal
conclusions to which no response is required.
48. Denied. Exhibit "A" of Plaintiffs Complaint is a written document
and as such, it speaks for itself.
49. Denied. Exhibit "A" of Plaintiff's Complaint is a written document
and as such, it speaks for itself.
50. Denied. Exhibit "A" of Plaintiff's Complaint is a written document
and as such, it speaks for itself.
51. Denied. Exhibit "A" of Plaintiff's Complaint is a written document
and as such, it speaks for itself.
52. Denied. The averments contained in this paragraph are legal
conclusions to which no response is required.
53. Denied. The averments contained in this paragraph are legal
conclusions to which no response is required.
54. Denied. The averments contained in this paragraph are legal
conclusions to which no response is required.
WHEREFORE, Plaintiff respectively requests that judgment be entered in
its favor.
Respectfully Submitted,
SAIDIS, FLOWER & LINDSAY
2 L2- 2-- Lo-t
Dat
By: a--
Michael L. Solomo , Esquire
Supreme Court I.D. #36031
2109 Market Street
Camp Hill, Pa 17011
Telephone: (717) 737-3405
Fax: (717) 737-3407
y .?
CERTIFICATE OF SERVICE
AND NOW, February 22, 2007, I, Michael L. Solomon, Esquire, hereby
certify that I did serve a true and correct copy of the foregoing PLAINTIFF'S
REPLY TO DEFENDANT, NORMAN H. FROMM, II, NEW MATTER upon all
counsel of record by depositing, or causing to be deposited, same in the U.S.
mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows:
By First-Class Mail:
Bernard Brennan
4815 East Trindle Road, Unit 6
Mechanicsburg, PA 17055
Christine Brennan
4815 East Trindle Road, Unit 6
Mechanicsburg, PA 17055
Michael Bangs, Esquire
Bangs Law Office
429 South 19th Street
Camp Hill, PA 17011
(Attorney for Lynn Fromm)
James DeCinti, Esquire
Dickie, McCamey & Chilcote, P.C.
1200 Camp Hill Bypass
Suite 205
Camp Hill, PA 17011
(Attorney for Norman H. Fromm, 11)
Michael L. Solomon, squire
.:> . try r~n
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SPANGLER MILL, INC. d/b/a .
EWING ROOFING, .
Plaintiff
V. .
LYNN M. FROMM, NORMAN H.
FROMM, II, BERNARD M. BRENNAN
And CHRISTINE M. BRENNAN,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA.
DOCKET NO. 06-6761 CIVIL TERM
CIVIL ACTION-LAW
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE JUDGES OF SAID COURT:
Michael L. Solomon, counsel for the Plaintiff in the above-captioned
action, respectfully represents that:
1. The above-captioned action is at issue.
2. The claim of the Plaintiff in the action is less than $20,000.00
3. The following attorneys are interested in the case as counsel are
otherwise disqualified to sit as arbitrators: Michael L. Solomon, Esquire, for the Plaintiff,
James Decinti, Esquire, for the Defendant, Norman H. Fromm II, and Michael L. Bangs,
Esquire, for the Defendant, Lynn M. Fromm.
4. Defendant, Bernard M. Brennan and Christine M. Brennan,
pro se
WHEREFORE, your petitioner requests this Honorable Court to appoint
three (3) arbitrators to whom the case shall be submitted.
Respectively submitted,
SAIDIS, FLOWER & LINDSAY
Mich el L. Solomon, squire
Attorney for Plaintiff
Dated: 342(,/0-7
i - 4b
SPANGLER MILL, INC. d/b/a .
EWING ROOFING, .
Plaintiff
V.
LYNN M. FROMM, NORMAN H.
FROMM, II, BERNARD M. BRENNAN
And CHRISTINE M. BRENNAN,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA.
DOCKET NO. 06-6761 CIVIL TERM
CIVIL ACTION-LAW
CERTIFICATE OF SERVICE
I, Michael L. Solomon, Esquire, have served a true and correct copy of the
foregoing document upon the following persons and in the matter indicated:
SERVICE BY U.S. MAIL
James DeCinti, Esquire
Dickie, McCamey & Chilcote, P.C.
1200 Camp Hill Bypass, Suite 205
Camp Hill, PA 17011
Ms. Christine Brennan
4815 East Trindle Road
Unit 6
Hampden Township, Pa 17055
Michael L. Bangs, Esquire
Bangs Law Office
429 South 18'h Street
Camp Hill, PA 17011
Mr. Bernard M. Brennan
4815 East Trindle Road
Unit 6
Hampden Township, PA 17055
SAIDIS, FLOWER & LINDSAY
Dated: Z? -
Mic a L. Solomon, squire
Attorney for Plaintiff
SAIDIS, FLOWER & LINDSAY
2109 Market Street
Camp Hill, PA 17011
(717) 737-3405
0-1
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i 46.
i ,C-011
SPANGLER MILL, INC. d/b/a : IN THE COURT OF COMMON PLEAS
EWING ROOFING, : CUMBERLAND COUNTY, PENNA.
Plaintiff
V.
LYNN M. FROMM, NORMAN H. DOCKET NO. 06-6761 CIVIL TERM
FROMM, II, BERNARD M. BRENNAN
And CHRISTINE M. BRENNAN,
Defendants CIVIL ACTION-LAW
ORDER OF COURT
AND NOW, this day of j'X,04tJ- , 2007, in consideration of the
foregoing petition, , Esquire, C? C. :2?_ ;t squire,
\-Moe d -
and ja4.r1w (squire are appointed arbitrators in the above-captioned
action as prayed for.
BY TH COURT: I?.
J.
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SHERIFF'S RETURN - REGULAR
R
CASE NO: 2006-06761 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SPANGLER MILL INC DBA EWING RO
VS
FROMM LYNN M ET AL
RIICHARD SMITH , Sheriff or Deputy Sheriff
Cumberland County,Pennsylvania, who being duly sworn accor
says, the within COMPLAINT & NOTICE was served upo
BRENNAN BERNARD M
DEFENDANT , at 1720:00 HOURS, on the 6th day of Dec
at 4815 E TRINDLE ROAD UNIT 6
MECHANICSBURG, PA 17055 by handing to
CHRISTINE BRENNAN, WIFE OF DEFENDANT
ng to law,
the
r , 2006
a true and attested copy of COMPLAINT & NOTICE tog lher with
and at the same time directing Her attention to the conterdds thereof.
Sheriff's Costs:
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00
.00
16.00
Sworn and Subscibed to
before me this day
of ,
So Answers
R. Thomas Kline
12/15/2006
SAIDIS FLOWER & IN SAY
By: /•
eputy Sherip
A. D.
M
SHERIFF'S RETURN - REGULAR
CASE NO: 2006-06761 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SPANGLER MILL INC DBA EWING RO
VS
FROMM LYNN M ET AL
RICHARD SMITH , Sheriff or Deputy Sheriff
Cumberland County,Pennsylvania, who being duly sworn accor ng to law,
says, the within COMPLAINT & NOTICE was served upon
PP7NTNAN CHRISTINE M the
DEFENDANT at 1720:00 HOURS, on the 6th day of Dec er 2006
at 4815 E TRINDLE ROAD UNIT 6
MECHANICSBURG, PA 17055 by handing to
CHRISTINE BRENNAN
a true and attested copy of COMPLAINT & NOTICE tog her with
and at the same time directing Her attention to the contetis thereof.
Sheriff's Costs:
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00
.00
/u r ? 16.00
)je
Sworn and Subscibed to
before me this day
of
So Answers- ,i 44
R. Thomas Kline
12/15/2006
SAIDIS FLOWER & IN SAY
By:
Deputy Sheri
A. D.
SHERIFF'S RETURN - REGULAR
CASE NO: 2006-06761 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SPANGLER MILL INC DBA EWING RO
VS
FROMM LYNN M ET AL
TIMOTHY REITZ Sheriff or Deputy Sheriff
Cumberland County,Pennsylvania, who being duly sworn accor ng to law,
says, the within COMPLAINT & NOTICE was served upon
7pnMM NORMAN H II the
DEFENDANT , at 1653:00 HOURS, on the 13th day of Dec
at 1823 ELM STREET
NEW CUMBERLAND, PA 17070 by handing to
NORMAN H. FROMM, II
er , 2006
a true and attested copy of COMPLAINT & NOTICE tog?]her with
and at the same time directing His attention to the contefls thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
18.00
x-^ ,..i?
14.96
.00
10.00 R. Thomas Kline
.00
42.96 12/15/2006
SAIDIS FLOWER & LINDSAY
Sworn and Subscibed to By:
before me this day D uty Sher,
of A.D.
SPANGLER MILL, INC. d/b/a
EWING ROOFING,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v
LYNN M. FROMM, NORMAN H.
FROMM, II, BERNARD M. BRENNAN,
and CHRISTINE M. BRENNAN,
Defendants
NO. 06-6761 CIVIL TERM
ORDER
AND NOW, this It day of May, 2007, Seth T. Mosebey, Esquire, of Martson
Deardorff Williams Otto Gilroy & Faller, is hereby appointed to the arbitration panel for the above-
captioned matter to replace Carl C. Risch, Esquire, from the same office.
By the
Distribution:
,John H. Broujos, Esquire
,James M. Robinson, Esquire
,/John Slike, Esquire
,/Michael L. Banks, Esquire
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126840
DICKIE, MCCAMEY & CHILCOTE, P.C.
BY: JAMES DECINTI, ESQUIRE ATTORNEY FOR: DEFENDANT
ATTORNEY I.D. NO. 77421 NORMAN FROMM, H
1200 Camp Hill Bypass, Suite 205
Camp Hill, PA 17011
(717)731-4800 (Tele)
(717)7314803 ax
SPANGLER MILL, INC. DB/A EWING IN THE COURT OF COMMON PLEAS
ROOFING, OF CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiff
NO. 06-6761
V.
LYNN M. FROMM, NORMAN H. FROM,
II, BERNARD M. BRENNAN AND
CHRISTINE BRENNAN,
Defendants
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
ARBITRATION MEMORANDUM OF NORMAN FROMM
TO THE PROTHONOTARY:
AND NOW, July 31, 2007, comes Defendant, Norman Fromm, II, by and through his
counsel, Dickie, McCamey & Chilcote, P.C. and files the within ARBITRATION
MEMORANDUM OF NORMAN FROMM as follows:
1. Undisputed Facts from the Pleadings
The following facts are undisputed from the pleadings in this matter:
1. Exhibit A to Plaintiff's Complaint is an unsigned estimate and nothing
more.
2. It is dated June 27, 2003, more than two years before the actual work at
issue in this case.
3. By its own terms it expired in 60 days or on August 27, 2003.
A
4. The estimate was neither signed by Plaintiff, nor accepted by anyone, let
alone Norm Fromm.
5. At the time the work was done in September 2005, Norm Fromm had
absolutely no ownership interest in that property. Rather Defendant Lynn Fromm was
the absolute fee simple owner of the property in question, having received the property as
of August 11, 2003 in a divorce settlement. (Answer and New Matter of Defendant Lynn
Fromm, paragraphs 22 and 43.)
6. At the time the work was done, Norm Fromm did not have any authority,
actual or otherwise, to act on behalf of the owner of the property, Lynn Fromm. (Answer
and New Matter of Defendant Lynn Fromm, paragraph 43.)
7. Norm Fromm was not the landlord of the property in question at any time
relevant to this action, or ever for that matter.
8. Exhibit B is a contract dated August 30, 2005 by and between only
Plaintiff and Christine Brennan. Norm Fromm is not a party to that contract.
9. There is no contract, written or oral, between Plaintiff and Norm Fromm
for any work to be performed at the property in question.
10. Plaintiff is an experienced business entity in business since 1972 yet its
representatives did not inquire whether the Brennans in fact had authority to enter into the
contract found at Exhibit B.
2
II. Legal Analysis
A. Breach of Contract
There is no written contract alleged between Plaintiff and Norm Fromm. The
entire basis upon which Plaintiff brings its Breach of Contract Action against Norm Fromm is for
an alleged failure to honor an alleged promise to pay for the roof work after the work was done.
Plaintiff has not established an oral contract with Norm Fromm:
To establish the existence of an oral contract, one must show that (1) both
parties have manifested an intent to be bound by the terms of the
agreement; (2) the terms of the agreement are sufficiently definite to be
specifically enforced; and (3) there is a mutuality of consideration. Redick
v, Kraft Inc.. 745 F. Supp. 296 (E.D. Pa. 1990), citing Channel Home
Centers v. Grossman, 795 F.2d 291, 298-99 (3d Cir. 1986). The existence
and terms of an oral contract must be established by clear and precise [**]
evidence. Id., citing Browne v. Maxfield, 663 F. Supp. 1193, 1197 (E.D.
Pa. 1987).
Express Fin. Servs. v. Gateway Abstract Inc., 71 Pa. D. & CAth 344 (C.C.P. Monroe 2004).
Moreover, where one seeks to prove the existence of an oral contract, he assumes an
exacting evidentiary burden which requires clear, direct and precise evidence of each of the
elements to a valid contract. Hatbob v. Brown 394 Pa. Super. 234, 248, 575 A.2d 607, 614
(1990). In alleging the oral contract, Plaintiff has not established any element of a contract and
has specifically failed to establish the consideration element.
Plaintiff has not plead, let alone proved, the existence of any contractual relationship
between it and Norm Fromm. As such, this Honorable Panel should find against Plaintiff and in
favor of Norm Fromm and dismiss the Breach of Contract claim as to Mr. Fromm. No monetary
award should be imposed upon Norm Fromm.
3
B. Unjust Enrichment
While there is no specific Count against Norm Fromm for unjust enrichment, one
can certainly be inferred from the allegations against co-defendant Lynn Fromm.' To prevail on
a claim of unjust enrichment, the Plaintiff must prove
(1) benefits conferred on defendant by plaintiff; (2) appreciation of such
benefits by defendant; and (3) acceptance and retention of such benefits
under such circumstances that it would be inequitable for defendant to retain
the benefit without payment of value. Temple University Hosp., Inc. v.
Healthcare Management Alternatives, Inc., 2003 PA Super 332, 832 A.2d
501 (Pa. Super. 2003). This Court has summarized our analysis under this
doctrine as follows:
In determining if the doctrine applies, our focus is not on
the intention of the parties, but rather on whether the
defendant has been unjustly enriched. The most important
factor to be considered in applying the doctrine is whether
the enrichment of the defendant is unjust. Where unjust
enrichment is found, the law implies a contract, referred to
as either a quasi contract or a contract implied in law,
which requires that the defendant pay to plaintiff the value
of the benefit conferred. Schenck, supra at 328-329
(citations omitted).
Walter v. Magee Womens Hosp. of UPMC Health Sys., 876 A.2d 400 (Pa. Super. 2005).
In this case, no benefit was conferred upon Norm Fromm in that he did not own the house
at the time the roof work was done and had not had any ownership in the home for more than
two ,years. Plaintiff has failed to establish a case of unjust enrichment against Norm Fromm and
this Honorable Panel should find in favor of Norm Fromm and dismiss the case against him. No
monetary award should be imposed upon Norm Fromm.
' The reason why there is no count styled "unjust enrichment" directly against Norm Fromm is patently obvious,
however, out of an abundance of caution, Mr. Fromm will address the elements of that claim.
4
WHEREFORE, Answering Defendant, Norman Fromm, II respectfully request that this
Honorable Court enter judgment in favor of Answering Defendants, together with all allowable
costs and attorneys fees.
Respectfully submitted,
DIME, MCCAMEY & CHILCOTE, P.C.
Date: July 31, 2007 By:
James DeCinti, Esquire
ATTORNEY I.D. NO. 77421
1200 Camp Hill Bypass, Suite 205
Camp Hill, PA 17011-3700
(717) 731-4800
Attorney for Defendant, Norman Fromm, II
r
CERTIFICATE OF SERVICE
AND NOW, August 1, 2007, I, James DeCinti, Esquire, hereby certify that I did serve a
true and correct copy of the foregoing ARBITRATION MEMORANDUM OF NORMAN
FROMM upon all counsel of record by hand delivery addressed as follows:
By First-Class Mail:
Michael Solomon, Esquire
SAIDIS, FLOWER & LINDSAY
2109 Market Street
Camp Hill, PA 17011
(Attorney for Plaintiff, Spangler Mill, Inc. d/b/a Ewing Roofing)
Michael L. Bangs, Esquire
BANGS LAW OFFICE
429 South 19th Street
Camp Hill, PA 17011
(Attorney for Defendant Lynn Fromm)
Bernard M. Brennan
4815 East Trindle Road, Unit 6
Mechanicsburg, PA 17055
(Unrepresented Defendant)
Christine M. Brennan
4815 East Trindle Road, Unit 6
Mechanicsburg, PA 17055
(Unrepresented Defendant )
James DeCinti, Esquire
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Plaintiff
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Defendant
In The Court of Common Pleas of Cumberland
County, Pennsylvania No. 06 - (o 761
Civil Action - Law.
Oath
We do solemnly swear (or affum) that 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
with fidelity.
Signatur "
Name (Chairman)
Law Firm
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City, zip
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Address
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Award
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Signature
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Name
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Law Firm
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Address
Gp.1iS1c, PSI 1`7613
City, Zip
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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.)
AWAY VS C:,_k'ANTIE6 Tb PIA,rjT?FF A;Q0 Ac?q??15TDF 4„A iT L`/n,p'IM. 1`rLmnmC Ija
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. Arbitrator, dissents. (Insert name if applicable.) L,
Date of Hearing: ! - V'7
Date of Award: E3 -- t -C>7
"t ) W i?y. I ' tJ (Chairman)
Jlo-
Notiice of Entry of Award
Now, the day of At , 20D_, at a : S , -.M., the above award was
A Yl,;t?at.,rc' ?nmr?ensation to be paid L: pon appeal: S 5 ? co
L'ki U1? wi.r vva..r ..??.,.._._ t z
entered upon the docket and notice ther f given by mail to the parties or their attorneys
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MICHAEL L. BANGS, ESQUIRE ATTORNEY FOR
I.D. No. 41263 DEFENDANT LYNN M. FROMM
429 South 18d' Street, Camp Hill, PA 17011
(717) 730-7310
SPANGLER MILL, INC., d/b/a ) IN THE COURT OF COMMON PLEAS
EWING ROOFING, ) OF CUMBERLAND COUNTY,
Plaintiff ) PENNSYLVANIA
vs. ) NO. 06-6761 CIVIL TERM
LYNN M. FROMM, NORMAN H ) CIVIL ACTION
FROMM, II, BERNARD M. BRENNAN )
and CHRISTINE M. BRENNAN, )
Defendants )
NOTICE OF APPEAL
FROM AWARD OF BOARD OF ARBITRATORS TO THE PROTHONOTARY:
Notice is given that Lynn M. Fromm appeals from the award of the board of arbitrators
entered in this case on August 7, 2007.
A jury trial is demanded (Check the line if a jury trial is demanded.
Otherwise, jury trial is waived).
I hereby certify that:
(1) the compensation of thel, arbitrators has been paid, or
(2.) appliamie" h" bee" me4e for permission to pffls-e-ewed irrfeMa pa (Strike out
the inapplicable clause).
1 Z
Appe lant or Attorney of Ap 1 t
CEI,RTIFICATE OF SERVICE
I HEREBY CERTIFY that X have this day served the foregoing Notice of Appeal, by
depositing a copy of the same in the United States mail, postage prepaid, at Camp Hill,
Pennsylvania, addressed to the following:
Michael L. Solomon, Esquire
Saidis, Flower & Lindsay
2109 Market Street
Camp Hill, PA 17011
James DeCinti, Esquire
Dickie, McCamey & Chilcote
1200 Camp Hill Bypass, Suite 205
Camp Hill, PA 17011
Mr. and Mrs. Bernard Brennan
4815 E. Trindle Road, Unit l,6
Mechanicsburg, PA 17055
DATE: u[
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PRAECIPE TO LIST CASE FOR TRIAL
TO THE PROTHONOTARY OF CUMBERLAND COUNTY
Please list the following case:
for JURY trial at the next term of civil court
for trial without a jury
SPANGLER MILL INC., d/b/a )
EWING ROOFING, ) (check one)
Plaintiff ) Civil Action - law
Appeal from arbitration
vs. )
(other)
LYNN M. FROMM, NORMAN H.
FROMM, II, BERNARD M. BRENNAN
and CHRISTINE M. BRENNAN,
Defendants
The trial list will be called on
and
Trials commence on
Pretrials will be held on
(briefs are due 5 days before pretrials)
NO. 2006-6761 CIVIL TERM
Indicate the attorney who will try the case for the party who files this Praecipe:
Michael L. Bangs, Esquire (counsel for Defendant Lynn M. Fromm)
Indicate trial counsel for other parties if known:
Michael Solomon, Esquire (counsel for Plaintiff); James DeCinti, Esquire (counsel for
Defendant Norman H. From, II. Defendants Brennan are pro se.
This case is ready for trial.
Date: 0
Respectfully submitted,
K4 C_--
MICHAEL L. BANGS
Attorney for Defendanynn M. Fromm
429 South 18th Street
Camp Hill, PA 17011
(717) 730-7310
Supreme Court ID #41263
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SPANGLER MILL, INC.,
d/b/a EWING ROOFING,
Plaintiff
V.
LYNN M. FROMM,
NORMAN H. FROMM, II,
BERNARD M. BRENNAN
and CHRISTINE BRENNAN,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 06-6761 CIVIL TERM
ORDER OF COURT
AND NOW, this 4`h day of April, 2008, a pretrial conference in the above matter is
scheduled for Monday, June 30, 2008, at 1:30 p.m., in chambers of the undersigned
judge, Cumberland County Courthouse, Carlisle, Pennsylvania. Pretrial memoranda shall
be submitted by counsel in accordance with C.C.R.P. 212-4, at least five days prior to the
pretrial conference.
A NONJURY TRIAL in the above matter is scheduled for Monday, July 28, 2008,
at 9:30 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle,
Pennsylvania.
" Michael Solomon, Esq.
2109 Market Street
Camp Hill, PA 17011
Attorney for Plaintiff
Michael L. Bangs, Esq.
429 South 19 Street
Camp Hill, PA 17011
Attorney for Defendant
Lynn Fromm
BY THE COURT,
J. esley Oler, r.,
J.
VINVA-MNN3d
AiNf fir o
91:1 Wd h- Hd Z
3H.4CHOM
/James DeCinti, Esq.
1200 Camp Hill Bypass
Suite 205
Camp Hill, PA 17011
Attorney for Defendant
Norman Fromm, II
? Bernard M. Brennan
4815 East Trindle Road
Unit 6
Mechanicsburg, PA 17055
Defendant, pro Se
? Christine M. Brennan
4815 East Trindle Road
Unit 6
Mechanicsburg, PA 17055
Defendant, pro Se
P
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` SPANGLER MILL, INC.,
d/b/a EWING ROOFING,
Plaintiff
V.
LYNN M. FROMM,
NORMAN H. FROMM, II,
BERNARD M. BRENNAN
and CHRISTINE BRENNAN,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 06-6761 CIVIL TERM
ORDER OF COURT
AND NOW, this 14" day of April, 2008, upon consideration of the attached letter
from Michael L. Solomon, Esq., attorney for Plaintiff, the nonjury trial previously
scheduled in this matter for July 28, 2008, is rescheduled to Wednesday, August 13,
2008, at 9:30 a.m. The pretrial conference shall remain as scheduled for Monday, June
30, 2008, at 1:30 p.m., in chambers of the undersigned judge, Cumberland County
Courthouse, Carlisle, Pennsylvania. Pretrial memoranda shall be submitted by counsel in
accordance with C.C.R.P. 212-4, at least five days prior to the pretrial conference.
BY THE COURT,
/Michael Solomon, Esq.
2109 Market Street
Camp Hill, PA 17011
Attorney for Plaintiff
Michael L. Bangs, Esq.
429 South 19`" Street
Camp Hill, PA 17011
Attorney for Defendant
Lynn Fromm
J[/Wesley Orkr, Jr., " - J.
C li :Z J"'cj 'V at,0Z
:]HI JO.
? James DeCinti, Esq.
1200 Camp Hill Bypass
Suite 205
Camp Hill, PA 17011
Attorney for Defendant
Norman Fromm, 11
,Bernard M. Brennan
4815 East Trindle Road
Unit 6
Mechanicsburg, PA 17055
Defendant, pro Se
L/Christine M. Brennan
4815 East Trindle Road
Unit 6
Mechanicsburg, PA 17055
Defendant, pro Se
126a t'ES pn?t
I
All, c. `ce
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298313
DICKIE, MCCAMEY & CHILCOTE, P.C.
BY James DeCinti, Esquire ATTORNEY FOR: DEFENDANT
ATTORNEY I.D. NO. 77421 NORMAN FROMM, H
BY James DeCinti, Esquire
ATTORNEY I.D. NO. 77421
1200 Camp Hill Bypass, Suite 205
Camp Hill, PA 17011
(717)731-4800 (Tele)
(717)7314803 (Fax)
SPANGLER MILL, INC. D/B/A EWING IN THE COURT OF COMMON PLEAS
ROOFING, OF CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiff
NO. 06-6761
V.
LYNN M. FROMM, NORMAN H. FROM,
II, BERNARD M. BRENNAN AND
CHRISTINE BRENNAN,
Defendants
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
MOTION OF DEFENDANT NORMAN FROMM FOR SUMMARY JUDGMENT
AND NOW, comes Defendant, Norman Fromm, II, by and through his counsel, Dickie,
McCamey & Chilcote, P.C. and files the within MOTION OF DEFENDANT NORMAN
FROMM FOR SUMMARY JUDGMENT and avers as follows:
1. Plaintiff initiated the instant action by filing a Complaint on or about November
15, 2006. A copy of the Plaintiff s Complaint is attached hereto as Exhibit "A".
2. In general, Plaintiff alleges that it performed certain roofing work on a house
owned by Defendant Lynn Fromm and rented by Defendant Brennans in September 2005 and
was not paid for same.
At Count III, Plaintiff s Complaint purports to set forth a claim against Defendant
Norman Fromm for Breach of Contract.
4. While not explicitly stated, it could be inferred that Plaintiff also is attempting to
set forth an Unjust Enrichment claim against Defendant Norman Fromm.
Defendant Norman Fromm filed his Answer with New Matter on or about
January 16, 2007 a copy of which is attached hereto as Exhibit "B".
6. In his New Matter, Defendant Norman Fromm alleged among other things, the
following:
(a) That Defendant Norman Fromm did not authorize Plaintiff to do the work
and that there is no contract between Plaintiff and Defendant Norman
Fromm
(b) That Defendant Norman Fromm, did not own the home in question at the
time the work was done, nor did he have any beneficial interest in same;
(c) that the document attached as Exhibit "A" to Plaintiff s Complaint is not a
contract but rather an unsigned estimate dated more than two years prior to
the date the actual work at issue was performed; and
(d) that Norman Fromm was neither an agent or apparent agent of either co-
Defendant and did not have express or implied authority to act. I
7. There is no evidence of a contract, actual or otherwise, between Plaintiff and
Moving Defendant Norman Fromm.
8. Without a contract, Plaintiff cannot prove a breach of contract action against
Defendant Norman Fromm.
9. While Plaintiff s Complaint does not explicitly set forth an Unjust Enrichment
claim against Norman Fromm, to the extent that one is inferred, Plaintiff cannot prove that
Moving Defendant, Norman Fromm, has been unjustly enriched by the transaction at issue.
10. On October 9, 2007, Plaintiff, through counsel, signed a Stipulation to Dismiss
Norman Fromm as a party with prejudice See, Exhibit "C".
' Defendant Lynn Fromm admits that Norman Fromm was not her agent in her New Matter at paragraph 47. The
Brennan Defendants have not filed any pleadings in this matter.
2
11. Co-Defendant Lynn Fromm, through counsel, also agreed to dismiss with
prejudice Norman Fromm on October 29, 2007. See, Exhibit "C".
12. The only reason Moving Defendant has not been dismissed with prejudice is
because the pro se co-Defendants (Mr. and Mrs. Brennan) have not responded to the request
dismissing Mr. Fromm despite being requested to do so and receiving notice of same. See,
Exhibit "D" and "E".
13. The Brennans have filed no pleading in this case and have specifically not filed
any cross claim or counter claim against Moving Defendant.2
14. Rule 103 et. seq. of the Pennsylvania Rules of Civil Procedure permits a party
to move for summary judgment whenever there is no genuine issue of material fact as to a
necessary element of a cause of action.
15. In this matter, there is no genuine issue that Plaintiff cannot establish a contract
with Moving Defendant, and as such Moving Defendant Norman Fromm is entitled to judgment
as a matter of law.
16. In this matter, there is no genuine issue that Plaintiff cannot establish that Moving
Defendant, was unjustly enriched and as such Moving Defendant Norman Fromm is entitled to
judgment as a matter of law.
17. Defendant Norman Fromm is entitled to entry of Summary Judgment in his
former and dismissal with prejudice from the instant action
WHEREFORE, Moving Defendant, Norman Fromm, respectfully request that this
Honorable Court grant Summary Judgment in his favor and dismiss him with prejudice from the
instant action.
z It is not anticipated that the Brennans will offer any response to this Motion nor offer any evidence against
Defendant Norman Fromm that would be sufficient to withstand this Motion for Summary Judgment.
3
Respectfully submitted,
DICKIE, MCCAMEY & CHILCOTE, P.C.
Date: April 15, 2008 By:
James DeCinti, Esquire
ATTORNEY I.D. NO. 77421
1200 Camp Hill Bypass, Suite 205
Camp Hill, PA 17011-3700
(717) 731-4800
Attorney for Defendants, Norman Fromm, II
4
CERTIFICATE OF SERVICE
AND NOW, April 15, 2008, I, James DeCinti, Esquire, hereby certify that I did serve a
true and correct copy of the foregoing MOTION OF DEFENDANT NORMAN FROMM
FOR SUMMARY JUDGMENT upon all counsel of record by depositing, or causing to be
deposited, same in the U.S. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as
follows:
By First-Class Mail:
Michael Solomon, Esquire
SAIDIS, FLOWER & LINDSAY
2109 Market Street
Camp Hill, PA 17011
(Attorney for Plaintiff, Spangler Mill, Inc. d/b/a Ewing Roofing)
Michael L. Bangs, Esquire
BANGS LAW OFFICE
429 South 18th Street
Camp Hill, PA 17011
(Attorney for Defendant Lynn Fromm)
Bernard M. Brennan
4815 East Trindle Road, Unit 6
Mechanicsburg, PA 17055
(Unrepresented Defendant )
Christine M. Brennan
4815 East Trindle Road, Unit 6
Mechanicsburg, PA 17055
(Unrepresented Defendant )
? /fiwt; a4
J es eCinti, Esquire
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
SPANGLER MILL, INC.
ROOFING,d/b/a DOCKET NO.
Plaintiff
Turn
V.
LYNN M. FROMM, NORMAN H.
FROMM, II, BERNARD M. BRENNAN
And CHRISTINE M. BRENNAN,
Defendants : PREVIOUSLY ASSIGNED TO: N/A
THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO
COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED
FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT.
AN IMPORTANT NOTICE OF RIGHTS APPEARS ON THE NEXT PAGE.
NOTICE
You have been sued in court. If you wish to defend against the claims set
forth in the following pages, you must take action within twenty (20) days after this
complaint and notice are served, by entering a written appearance personally or by
attorney and, filing in writing with the court your defenses or objections to the claims
set forth aga%nst you. You are warned that if you fail to do so the case may proceed
without you and a judgment may be entered against you by the court without further
notice for any money claimed in the complaint or for any other claim or relief
requested by the plaintiff. You may lose money or property or other rights
important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION
ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE
ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY
OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR
NO FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013 TRUE COPY FROM RECORD
(717) 249-3166 or 1-800-990-91(V T imony wh!?r-o l h--r? unto set my hand
end a seal f sa a r:7jriisle, Pa.
44
„.,1.?. d Ticy...'
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
SPANGLER MILL, INC. d/b/a
EWING ROOFING,
Plaintiff
: DOCKET NO.
V.
LYNN M. FROMM, NORMAN H.
FROMM, II, BERNARD M. BRENNAN
And CHRISTINE M. BRENNAN,
Defendants
: PREVIOUSLY ASSIGNED TO: N/A
THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR
DEBT COLLECTION PRACTICES ACT, 15 U.S.C. §1601:
The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and
any information obtained will be used for that purpose. The amount of the debt is
stated in this Complaint. Plaintiff is the creditor to whom the debt is owed. Unless
the Debtor, within thirty (30) days after your receipt of this notice disputes the
validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the
undersigned', attorney will assume the said debt is valid. If the Debtor notifies the
undersigned; attorney in writing within the said thirty (30) day period that the
aforesaid debt, or any portion thereof, is disputed, the undersigned attorney shall
obtain written verification of the said debt from the Plaintiff and mail same to Debtor.
Upon written request by Debtor to the undersigned attorney within said thirty (30)
day period, the undersigned attorney will provide Debtor with the name and
address of the original creditor if different from the current creditor.
SAIDIS, FLOWER & LINDSAY
John E. Slike, Esquire
Supreme Court ID #06262
Michael L. Solomon
Supreme Court ID #36031
2109 Market Street
Camp Hill, PA 17011
(717) 737-3405
Attorneys for Plaintiff
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
SPANGLER MILL, INC. d/b/a
EWING ROOFING, DOCKET NO.
Plaintiff
V.
LYNN M. FROMM, NORMAN H.
FROMM, II, BERNARD M. BRENNAN
And CHRISTINE M. BRENNAN,
Defendants PREVIOUSLY ASSIGNED TO: N/A
NOTICIA
Le han demandado a usted a la corte. Si usted quiere defenderse en contra
estas demandas expuestas en las paginas siguientes, usted tien veinte (20) dias
de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar
una apariencia escrita o en persona o por abogado y archivar en la corte en forma
escrita sus defensas o sus objeciones a las demandas en contra suya.
Se ha avisado que si usted no se defienda, la corte tomara medidas y
puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier
queja o alivio que es pedido en la peticion de demanda. USTED PUEDE PERDER
DINERO O PROPIEDADES O OTROS DERECHOS IMPORTANTES PARA
USTED.
LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI
USTED NO TIENE O CONOCES UN ABOGADO, VAYA EN PERSONA O LLAME
POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA
ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA
LEGAL.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166 or 1-800-990-9108
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA -
CIVIL ACTION
SPANGLER MILL, INC. d/b/a
EWING ROOFING,
Plaintiff
V.
LYNN M. FROMM, NORMAN H.
FROMM, II, BERNARD M. BRENNAN
And CHRISTINE M. BRENNAN,
Defendants
DOCKET NO. ?? ??? l
C ( Teal
PREVIOUSLY ASSIGNED TO: N/A
COMPLAINT
AND NOW, comes Plaintiff, Ewing Roofing, by its attorneys, Saidis, Flower and
Lindsay, and files this Complaint, alleging in support thereof the following:
1. Plaintiff, Spangler Mill, Inc., is a Pennsylvania corporation having an office
located at 1425 Spangler's Mill Road, Camp Hill, Cumberland County, Pennsylvania
17011, and doing business under the fictitious name of Ewing Roofing ("Ewing").
2. Defendant, Lynn M. Fromm, is an adult individual having a last known ,
tl
address of 307 Al Pat Drive, Monaghan Township (Dillsburg), York County, Pennsylvania
17019, (hereinafter "Fromm").
3. Defendant, Norman H. Fromm, II, is an adult individual having a last known
address of 1823 Elm Street, New Cumberland, Cumberland County, Pennsylvania, 17070,
(hereinafter "N. Fromm").
1
z
4. Defendant, Bernard M. Brennan, is an adult individual having a last known
address of 4815 East Trindle Road, Unit 6, Hampden Township, Cumberland County,
Pennsylvania 17055, (hereinafter "B. Brennan").
5. Defendant, Christine M. Brennan, is an adult individual having a last known
,n .
address of 4815 East Trindle Road, Unit 6, Hampden Township, Cumberland County,
Pennsylvania 17055, (hereinafter "C. Brennan"). .
6. On or about June 16, 2003, Ewing was contacted by N. Fromm by
d
telephone requesting an estimate for roof repairs to his residence at 600 Lavina Drive,
Upper Allen Township (Mechanicsburg), Cumberland County, PA (hereinafter the
"Property").
7. It is believed and therefore averred that at the time of the June 16, 2003
telephone call, N. Fromm was the husband of L. Fromm, who, together, resided in the
Property as husband and wife.
8. In response to the request from N. Fromm, an estimate was prepared by
Ewing and delivered to N. Fromm. A true and correct copy of the estimate is attached
hereto, marked Exhibit "A" and incorporated herein by reference.
9. No further action by any party was taken with regard to roof repairs at the
Property until Defendants B. Brennan and C. Brennan, then believed to be Tenants at the
Property, contacted Ewing on or about August 2005 to advise that she had been referred
to Ewing by N. Fromm, and that they were interested in having roof repairs performed at
the Property.
2
10. In response to this request, an estimate was prepared by Ewing and
delivered to C. Brennan. A true and correct copy of the estimate is attached hereto,
marked Exhibit "B" and incorporated herein by reference.
11. On or about September 5, 2005, Defendant C. Brennan accepted the terms Y
of the current estimate (Exhibit B), and authorized the proposed work to be performed. r
12. Ewing thereafter performed the proposed work in a complete and
workmanlike manner.
13. On or about November 14, 2005, Ewing presented Defendants B. Brennan
and C. Brennan with an invoice in the amount of Eleven Thousand Five Hundred Eight-
Seven and 00/100 Dollars ($11,587.00) for the services Ewing performed (the "Invoice"). A
true and correct copy of the Invoice is attached hereto, marked as Exhibit "C" and
incorporated herein by reference.
14. Under the terms and conditions of the Invoice, payment was due in full on
W- 1
November 24, 2005.
15. At a point of time after issuance of the Invoice, Ewing received a telephone
C
call from N. Fromm who advised that he was familiar with the need for the roof repair, had
authorized the Brennans to contact Ewing and committed to Ewing that the Invoice would
be paid by December 31, 2005.
3
COUNT I - BREACH OF CONTRACT
AS TO DEFENDANTS BERNARD M. BRENNAN and CHRISTINE M. BRENNAN
16. Paragraphs 1-14 are incorporated by reference as if fully set forth herein.
17. Defendants B. Brennan and C. Brennan are in default of their obligations to
Ewing under the Invoice for, infer alia, failure to make payment due to Ewing under the
terms and conditions of the Invoice.
18. As a result of Defendants' Brennan default, Ewing exercised its rights and
remedies and demanded payment by January 31, 2006, of all of the amounts due under
the Invoice, including interest. A copy of the demand letter is attached hereto, made a part
hereof and marked as Exhibit "D".
19. The amount due to Ewing under the Invoice as a result of the default as of
November 15, 2006, is $13,672.66, itemized as follows:
a. Amount due pursuant to the Invoice: $11,587.00
b. Interest @ 1.5%/mo. since 11/05: 2,085.66
C. Total due to Ewing as
of November 15, 2006 $13,672.66
20. Despite Ewing's demand, Defendants B. Brennan and C. Brennan have
failed and continue to fail to make payments of all amounts due to Ewing under the terms
and conditions of the Invoice.
WHEREFORE, Plaintiff, Ewing Roofing, demands judgment against Defendants
Bernard M. Brennan and Christine M. Brennan, in the amount of $13,672.66, plus interest
at the rate of 1.5% per month through the date of Judgment entered hereon and thereafter
4
through the date of payment, including on and after the date of entry of judgment on this
Complaint, and for costs of suit.
COUNT 11- BREACH OF CONTRACT
AS TO DEFENDANT LYNN M. FROMM
21. Paragraphs 1 - 19 are incorporated herein by reference as if fully set forth
herein.
22. Defendant L. Fromm, by virtue of her former occupancy in the Property, was
aware of the need for roof repairs at the Property from as early as June 2003 when her
then-husband, N. Fromm, contacted Ewing for a repair/replacement estimate.
23. N. Fromm, with apparent or actual authority from Defendant L. Fromm,
arranged for Defendants B. Brennan and C. Brennan to contact Ewing to finally arrange
for the roof repairs in August 2005.
24. N. Fromm, acting with apparent or actual authority from Defendant L.
Fromm, placed an unsolicited telephone call to Ewing in November 2005, and therein
committed to make payment upon the Invoice by December 31, 2005.
25. L. Fromm, both directly or through her agent and former husband, has failed
to honor an oral commitment to make payment, and has since failed and refused to make
payment to Ewing despite subsequent demand therefore.
WHEREFORE, Plaintiff, Ewing Roofing, demands judgment against Defendant
Lynn M. Fromm, in the amount of $13,672.66, plus interest at the rate of 1.5% per month
5
through the date of Judgment entered hereon and thereafter through the date of payment,
including on and after the date of entry of judgment on this Complaint, and for costs of suit.
COUNT III - BREACH OF CONTRACT
AS TO DEFENDANT NORMAN H. FROMM, II
26. Paragraphs 1-25 are incorporated by reference as if fully set forth herein.
27. Defendant N. Fromm, by virtue of is former occupancy and ownership in theme
Property, was aware of the need for roof repairs at the Property from as early as June
2003 when he contacted Ewing for a repair/replacement estimate.
28. At all times subsequent to June 2003, Defendant N. Fromm acted with
apparent or actual authority with regard to the management and maintenance of the
Property.
29. Such actions included, inter alia, arranging for Defendants B. Brennan and
C. Brennan to contact Ewing at his suggestion to finally arrange for roof repairs in August
2005, and, upon completion of said repairs, personally contacting Ewing in November
2005 at which time he orally committed to make payment upon the Invoice by December
31, 2005.
30. Defendant N. Fromm has failed to honor his oral commitment to make
payment, and has since failed and refused to make payment to Ewing despite
subsequent demand therefore.
6
WHEREFORE, Plaintiff, Ewing Roofing, demands judgment against
Defendant Norman H. Fromm, 11, in the amount of $13, 672.66, plus interest at the rate of
1.5% per month through the date of Judgment entered hereon and thereafter through the
date of payment, including on and after the date of entry of judgment on this Complaint,
and for costs of suit.
COUNT IV - UNJUST ENRICHMENT
AS TO DEFENDANT LYNN M. FROMM
31. Paragraphs 1 - 24 are incorporated by reference as if fully set forth herein.
32. Defendant Lynn M. Fromm is reflected on records maintained in the
Cumberland County Recorder of Deeds Offices as the owner of the Property at all times
relevant hereto, either jointly with N. Fromm prior to or individually subsequent to October
29, 2004.
33. Despite an alienation of his interest in the Property by Deed dated October
29, 2004 as a result of either his marital separation or divorce from Defendant L. Fromm,
N. Fromm retained a significant interest in the management and occupancy of the
Property with either actual or apparent authority to negotiate lease terms and to authorize
repairs to the Property.
34. Defendant L. Fromm knew or should have known that N. Fromm, acting with
apparent or actual authority, sought an estimate from Ewing for roof repairs in June 2003,
and that N. Fromm again intervened in securing performance of the repairs and promising
to arrange for payment in 2005.
7
35. Defendant L. Fromm participated in negotiations with Defendants B.
Brennan, C. Brennan and N. Fromm, which negotiations resulted in the Brennans
agreeing to lease the Property in 2005.
36. At the time that the Property was leased to the Brennans, and at the time
Defendants Brennan authorized the roof repairs, Defendant L. Fromm as Property owner
and landlord, knew or should have known of the need for the repairs and that the repairs
were ultimately completed.
37. Despite repeated demand upon her, Defendant L. Fromm has failed and
refused to remit payment for the roof repairs.
38. Defendant L. Fromm has unfairly benefited as a result of Ewing's work, and
is liable to Ewing and/or has been unjustly enriched in the amount of $13,672.66, which
amount includes the Invoice amount of $11,587 together with interest at the assigned rate
of 1.5% per month for 12 months.
WHEREFORE, Plaintiff, Ewing Roofing, demands judgment against
Defendant Lynn M. Fromm, in the amount of $13,672.66, plus interest at the rate of 1.5%
per month through the date of Judgment entered hereon and thereafter through the date of
payment, including on and after the date of entry of judgment on this Complaint, and for
costs of suit.
8
COUNT V - UNJUST ENRICHMENT
AS TO DEFENDANTS BERNARD M. BRENNAN AND CHRISTINE M.
BRENNAN
39. Paragraphs 1 - 32 are incorporated by reference as if fully set forth herein.
40. By inducing Ewing to commence roof repairs and by thereafter residing in
the Property for a significant period of time subsequent to completion of roof repairs by
Ewing, Defendants B. Brennan and C. Brennan unfairly benefited from and were unjustly
enriched by Ewing's actions.
41. When confronted with Ewing's Invoice, Defendants B. Brennan and C.
Brennan referred the matter of payment to N. Fromm, who, in turn, telephoned Ewing and
made an oral commitment to arrange for payment.
WHEREFORE, Plaintiff, Ewing Roofing, demands judgment against
Defendants Bernard M. Brennan and Christine M. Brennan, in the amount of $13,672.66,
plus interest at the rate of 1.5% per month through the date of Judgment entered hereon
9
and thereafter through the date of payment, including on and after the date of entry of
judgment on this Complaint, and for costs of suit.
Respectfully submitted,
SAIDIS, FLOWER & LINDSAY
Date: 11 /15/66 By:,
Slike, Esquire
6, Court ID #06262
By-- -XL '-, -
Mich el L. Solomon, quire
Supreme Court ID #36031
2109 Market Street
Camp Hill, PA 17011
(717) 737-3405
Attorneys for Plaintiff
10
VERIFICATION
I, Charles B. Ewing hereby verify that the statements made in the foregoing
Complaint are true and correct to the best of my information, knowledge and belief. I
understand that false statements herein are made subject to the penalties of 18 Pa. C.S.
Section 4904, relating to unsworn falsification to authorities.
Dated: 2006
?/I?/
axles B. Ewing ?/
Exhibit "A"
JUL-I1 -_.Z ot IZ;Zko I- Ili tW . r41... KUUr_ 1r4u , 1 , . of _o
Ap,Prbes. Agreements And Obntivata are A ,t upon stdkes, fires, accidents and all other del. n dable, or beyond our control.
Ewing Roofing
Siding SofAt Seamless Spouting
All Types of Road ng
1425 Spanglers Mill Road
Camp Hill, PA 17011
PHONE: 761-6960 FAX; 761-10136
Quoted to: -Norm Fromm
600 Levine Drive
Mechaniaaburg, PA 17068
Estimate
Date
June 27, 2003
Estimate Number
11125
Customer ID Good Thru Peymont Terms Sales Rep
Fromm, Norm 8/27/03 Net 10 Days Charles B. Ewing
Description Amount
Labor and MaWrial:
. Remove the existing shingles from the roofk dow) to the decking.
Replace any deteriorated deddng at $1.110 i5i? ai i. ft extra charge.
Install Ice and Water Shield over Porch roof and on eaves of Main roof.
Install #30 felt, aluminum drip edge, vent pipe collars, and flashing with. aluminum.
. Install Carlisle .060 adhered EPOM roafs on the "flet" roots with 1/2 " recovery board
rrderlayment, edgings, and flashings.
6. Install self-sealing fiberglass shingles.
7. Clean tip and dispose of debris.
I
25 Year 3-tab Shingles I 7,730.0
30 Year Architectural shingles 7,940;Dq
o replace gutters and downspouts with .032 seamless 5" alufrMum K-gutters: and 2 x 3 890.0
lunYdnum downspouts.
t"
All material uaeg in this contract are guaranteed to be as speclned, and the entire job to to be dons in a neat and workmApike msnne r. You am protected by
full ineurence coverage.
Any abra llons ordeNakin from the spedtlrstior>s harsh agreed upon kwakring extra cast of labor and materiel, will be executed only an wdtter? order for
came, end will betnme an extra charge over the surf mantlmW In this contract. AgFeerhertts made with rneahan -A not recognized. It Is funbsragmed that If
the Owner cane k the Contract of" time before commanoomm of the work, then the iquidated da ArlskV From cost end uponse necessary
Incident to the buslmeas of the contractor In conneotbn with this con"d amount lathe sum of Ora H? and FIlfy{ti150.0D)DWers, which said sum the
owner undertakes and agrees to pay fodhwith. Estimate vold dtar 80 dep. 1.5% service charge wit be aNwrped an of past due balances. IEwft Mwflnp
Ise 80skttaryof 6pengter Mil, Inc.
Signed
ACCEPTANCE OF TKI$ ESTIMATE
-rho foregoing terms. apoo :Ationta and corAllom 110m.been reviewed by the undersigned and the some are hereby accepted end agreed to. We hereby
aulhortm you to pracew therewith. The undersigned intending to he tegalty bound theMby haw hereunto ass their hand and seats this
day of 20
Signed Signed
Exhibit "B"
1 < J < V V 1 _ J< ??• L W 1 l la ,? V V? r. ? ?+ . r•. v r v r V? - _ /j??/(?]? '
1 , n _ _ _ ..... r , . • ( , !11 I?. ?' ?.rr ?... Mme.! L ?r.A?.M...(?y? P+ -
AI Ate•, A?r4etaatAt i a MNe? ?,t 0?lii?ganl u{liq. Y?l? 41N:•}RI M? NII?IRf den IF of Mld . M 1 ima aw =141d,
IMr fternkft *pw%rv
14 OPWOrrMM11 Rftd
cgtftp Map, PA ivin 1
QYO1rrEM tta: CM W 8fro obn
tmo i.atrlea Old"
Mocttenlelbttrq, PA 17033
Ctttttomer rb f E;rttctd thrt, Paymnt Term.
Brennen. Christine -5129/05
Ntt 10 Days
Data
P*vwt 36, 2DO5
Fetlnru fm Number
14135
..OaMeta Rya ._._..._........ ?'
tharhm a. Ewing
rt AMOUnt
Labor ard Msbarua: w _ _ 1
% move #te existing shlrrQlas from the mob d wn to the dsddltp • -?
Replete sny dMwioramd decking. at 3 2.00 pert sq. A. oan ohmp.
?. Invul tae and war shield twat porch root and an savers of Win mot.
InstaMl030faft, aluftdntmn dAp edge. vent p0ecoUrs, and fltfishft with shUrdnum.
?5. Install Carl" .tk1b adtwred I!PDM roach on ther"tAV mQ6 112" recovery bOOM unghwisyment,
btpe stud fMesMtltps. ?y f.?r?"j j
. Ir?etall eeN-atra?fl t?etr?t? sttlrtgMea. ,6 ? ?
Clean up and dMpote of debris.
bus year S-teb eMtinglee ? ?MI.U?-` ? 8
o roplfts gutters end d 7 po uls with .032 asomlen 0" aMrnrnten K-guthen and 2 x 3 M3Ma0.041
undnum rbmWouts, la-er rs! ? crd
Pir-1 SIC..
Sip wtir.& D i'!. 1F r p? tip Ms?c y. z,
OVA 5-a 7,
AM mwrrbl uud in Mdn da ?a are prM rentaad 4e •M! as epeDMd, and !? emirs ptr t= to be ctottr to a e?Mt Nnd worktnmlttcn nrrhhsr. Yau tui Pro ?
ntll itMYr•A? eoverape.
?rNr a??at?aM Or a?vtadorr from Ore spa?ltadarq 11e1eNt a4+sea a?+ort eMtts cat of freer ?N?tfrriMerlbl wN{ beateaaupd eery pn wAtar?oWe?fer
atrna. end wa bowme m soma charpa mar do eras . -ittw it MOCOWMI. ADPO tW M nude w1th rmOmliku trot t baplaid. It Is rUMM rtphreel the If
tha dorm cane ten Owin o item wm w n - vwwv rt mwA "o wwk, then the hQuiW dMn?Oe? witkp fbm env arid-wow" "oast"
I'mmerrt to the bwlnerr ol2w cons nw in covk0thonAh ft c?! at ON to Ore sum of oM !!hrrdred met F€lrt?td1500G)CbMpt, Whtoh old an the
owner wrAwbilm end gran to py f o tliv r. Fa MwO recd nfMr ". i.Mi nwtes ahar?r wrl oa et*yed on ii pert ehw #seYktaa_ p Ratlrfnn
It a tlubtdlay of spw#N AiMI Ina.
ACCEPTANCE OF THIS ESTIMATE
tt+a forNWRO isM, apaetlttattotra,rid eandidorn hays b"h rWAwm d the iatdantgneet anC! ma sum"r*flw r aoorpW ana into. we homtry
rutiatm you_lp w . ThruedenOnad Inerngino to be trpr pr bwWtne+rbf hWmrwlwrda wit tMlr gaud and W@& jh
my of 20 ar
? .-
Exhibit "C"
? _ _ ?1ri?:?,1f•,#a191'Ja1ti ?'' ? ???-I;_afL' _ ' '.l !` i_? ? ,....?{.a.,:.? .?. ? ??o-aa,W.t! i...z...r#?.1??7it';??',?"K??l?
Ewing Roofing Invoice
Siding SofYft Seamless SpauOng
All Types of Roofing
1425 9paeln&m Mill Road
Camp Hill, PA 17011
Phone: 717-761-6960 Fax 717-701-6138
Customer. Christine Brennan
800 Lavina [rive
Mechanicsburg, PA 170,35
Customer PO - Payment Tenns
Net 10 Days
Descritrtion
Remove the aaxisting shingles from the roofs down to the decking.
Replace any deteriorated decking at $ 2.00 par sq. ft. extra charge.
Install ice and water shield over porch roof and on eaves of Main roof.
Install # 30 felt, aluminum drip edge, vent pipe collars, and flashing with aluminum.
Install Carfisle .060 adhered EPDM roofs on the "'list" roofs 1/2" recovery board underlayment,
gingrs and fleshings.
Install self-sealing fiberglass shingles.
Clean up and dispose of debris.
5 year 3-tab shingles
o replace gutters and downspouts with .032 seamless 5" aluminum K -gutters and 2 x 3
?uminum downspouts.
errmoved three skylights, framed, sheeted and disposed
epiaced 472 sq. ft. decking
eplaoced 30' raftars,40' faceboard
"This Invoice must be paid within 10 days or therm will be a mechanics Nan placed on the
roperty. If a Nan is placed, you will be responsible for all costs occurred in the price of lien. • "
Sates Rep ID
Ewing, Charles B.
Invoice Date:
11/14/05
Invoice Number:
25889
IDuc Date
91/24105
Amount
8,865.00
890.00
750.00
942.00
140.00
Check No:
Total Invoice Amount 11,587.00
Less Payrncnts Received
TOTAL DUE THIS INVOICE 11,587.00
1.5% per month asrvice charge will be charged on all past due balances.
Ewing Roofing Is a Subsidiary of Spangler MITI, Ina
Exhibit «a„
LAW OFFICES
' SAIDIS, FLOWER & LINDSAN
A PROFESSIONAL CORPORATION
2109 MARKET STREET
JOHN E. SLDM CAMP HILL, PENNSYLVANIA 17011
ROBERT C. SAIDIS TELEPHONE (717) 737-3405 - FACSIMILE: (717) 737-3407
JAMES D. FLOWER, JR EMAIL: attorney®sfl-law.com
CAROL J. LINDSAY www.sfl4aw.com
BRIAN C. CAFFREY
GEORGE F. DOUGLAS, III
THOMAS E. FLOWER
MARYLOU MATAS
SUZANNE C. HMNBAUGH
January 26, 2006
Ms. Christine Brennan
800 Lavina Drive
Mechanicsburg, PA 17055
Re: Ewin R oofing
-.1-: Dear Ms. Brennan:
Ewing Roofing has retained our office to take action against you in order to collect the
amount owed to them for work performed at your property in November of 2005. According to
the information given to me, the original amount of the bill was $11,587.00, and as of this date
interest on the unpaid invoice in the amount of $434.51 is due, for a total of $12,021.51.
Prior to filing legal action, we will give you the opportunity to pay the full balance and
avoid additional interest and legal costs.
If you pay the full balance, including interest due on or before January 31, 2006, no
further action will be taken. The check should be made payable to Ewing Roofing and sent to
me in the enclosed envelope.
Very truly yours,
SAIDIS, FLOWER & LINDSAY
JES:se
Enclosure
CARLISLE OFFICE:
26 WEST HIGH STREET
c 1+RUSLE, PA 17013
TELEPHONE: (717)243-6722
FACSIN=: (717)243-6486
REPLY TO CAMP HILL
Certified Mail
Return Receipt Requested
j7004 0550 0000 8951 1003)
'n //"
o E. Slike
r
cc: Ewing Roofing
Christine Brennan (via first-class mail)
90728
DICIQE, MCCAMEY & CHILCOTE, P.C.
BY: JAMES DECINTI, ESQUIRE ATTORNEY FOR: DEFENDANT
1200 Camp Hill Bypass, Suite 205 NORMAN FROMM, H
Camp Hill, PA 17011
(717)7314800 (Tele)
(717)7314803 (Fax)
SPANGLER MILL, INC. DB/A EWING IN THE COURT OF COMMON PLEAS
ROOFING, OF CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiff
V.
NO. 06-6761
CIVIL ACTION - LAW
LYNN M. FROMM, NORMAN H. FROM,
II, BERNARD M. BRENNAN AND
CHRISTINE BRENNAN,
Defendants
JURY TRIAL DEMANDED
NOTICE TO PLEAD
TO: Bernard Brennan
4815 East Trindle Road, Unit 6
Mechanicsburg, PA 17055
Christine Brennan
4815 East Trindle Road, Unit 6
Mechanicsburg, PA 17055
John Sike, Esquire
Saidis, Flower & Lindsay
2109 Market Street
Camp Hill, PA 17011
(Plaintiff's Counsel
n
c
?r
v
pan
_,,.,
c,a
?a
PQ
0
n
; 71
.
Michael Bangs, Esquire
Bangs Law Office
429 South 19th Street
Camp Hill, PA 17011
(Attorney for Lynn Fromm)
YOU ARE HEREBY NOTIFIED TO PLEAD TO THE WITHIN NEW MATTER AND
NEW MATTER CROSS CLAIM OF NORMAN FROMM, II, WITHIN TWENTY (20) DAYS
OF THE DATE OF SERVICE OF THIS PLEADING OR JUDGMENT MAY BE ENTERED
AGAINST YOU.
Respectfully submitted,
DICIOE, CAMEY & CHILCOTE, P.C.
Date: January 16, 2007 By:
James DeCinti, Esquire
Attorney I. D. # 77421
1200 Camp Hill Bypass, Suite 205
Camp Hill, PA 17011-3700
(717) 731-4800
Attorney for Defendants, Norman Fromm, II
90699
DICIQE, MCCAMEY & CHILCOTE, P.C.
BY: JAMES DECINTI, ESQUIRE
1200 Camp Hill Bypass, Suite 205
Camp Hill, PA 17011
(717)731-4800 (Tele)
(717)731-4803 (Fax)
SPANGLER MILL, INC. DB/A EWING
ROOFING,
ATTORNEY FOR: DEFENDANT
NORMAN FROMM, H
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiff
V.
LYNN M. FROMM, NORMAN H. FROM,
II, BERNARD M. BRENNAN AND
CHRISTINE BRENNAN,
Defendants
NO. 06-6761
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
ATTER AND NEW MATTER CROSS Cl
NORMAN H. FROMM, H TO PLAINTIFF'S' COMPLAINT
AND NOW, comes the Defendant, Norman H. Fromm, Il, by and through his attorneys,
Dickie, McCamey & Chilcote and hereby files the instant Answer, New Matter and New Matter
Cross Claims as follows:
1. It is admitted that the Plaintiff is who it states it is.
2. Admitted on information and belief.
3. Admitted.
4. Admitted on information and belief.
5. Admitted on information and belief.
6. It is admitted that Answering Defendant, Norman Fromm, II, requested that
Plaintiff's furnish an estimate for certain roof repairs to the named property. By way of further
response, Answering Defendant, Norman Fromm, II, never expressed or implied any authority
for Plaintiffs to preform any work in conjunction with that estimate, and none was ever
commenced.
7. Admitted in part; denied in the remainder. It is admitted only that on June 16,
2003, Answering Defendant and Defendant Lynn Fromm were married. The remainder of the
allegations are denied, and strict proof is demanded at trial.
8. It is admitted only that an estimate was prepared and that a copy of the estimate is
purportedly attached to Plaintiff's Complaint as Exhibit "A". By way of further response, see
response above to number 6.
9. It is admitted only that no action was taken in response to the estimate prepared
by Plaintiff dated June 27, 2003. By way of further response, Answering Defendant, Norman
Fromm, is, after reasonable investigation, without knowledge or information sufficient to form a
belief as to the truth of the allegations contained in this paragraph and therefore same are denied.
Strict proof is demanded at the time of trial.
10. It is admitted only that a copy of an estimate dated August 30, 2005, is attached to
Plaintiff's Complaint as Exhibit "B". With regard to the remainder of the allegations contained
in this paragraph, Answering Defendant, Norman Fromm, is, after reasonable investigation,
without knowledge or information sufficient to form a belief as to the truth of the allegations
contained in this paragraph and therefore same are denied. Strict proof is demanded at the time
of trial.
11. Answering Defendant, Norman Fromm, is, after reasonable investigation, without
knowledge or information sufficient to form a belief as to the truth of the allegations contained in
this paragraph and therefore same are denied. Strict proof is demanded at the time of trial.
2
12. Answering Defendant, Norman Fromm is, after reasonable investigation, without
knowledge or information sufficient to form a belief as to the truth of the allegations contained in
this paragraph and therefore same are denied. Strict proof is demanded at the time of trial.
13. Answering Defendant, Norman Fromm is, after reasonable investigation, without
knowledge or information sufficient to form a belief as to the truth of the allegations contained in
this paragraph and therefore same are denied. Strict proof is demanded at the time of trial.
14. Denied as stated. The invoice, attached as Exhibit "C" being in writing speaks for
itself.
15. Denied. Each and every allegation in this paragraph is denied and strict proof is
demanded at trial.
COUNT I - BREACH OF CONTRACT AS TO DEFENDANTS BERNARD M.
BRENNAN AND CHRISTINE M. BRENNAN.
16. No response is required.
17-20. The allegations contained in these paragraphs are directed to defendants other
than Answering Defendant, and therefore no response is required.
COUNT II - BREACH OF CONTRACT AS TO DEFENDANT LYNN FROMM
21. No response is required.
22. The allegation contained in this paragraph is directed to a defendant other than
Answering Defendant and therefore no response is required.
3
23. The allegation contained in this paragraph is a conclusion of fact and of law to
which no reply is required. To the extent that a response is deemed required the allegation
contained in this paragraph is specifically denied.
24. Denied. Each and every allegation in this paragraph is denied and strict proof is
demanded at trial.
25. The allegation contained in this paragraph is directed to a defendant other than
Answering Defendant Norman Fromm and therefore no response is required. By way of further
response, to the extent that the allegations are directed at Answering Defendant, same are
conclusions of fact and of law to which no response is required. Strict proof is demanded at the
time of trail.
COUNT III - BREACH OF CONTRACT AS TO DEFENDANT
NORMAN H. FROMM, II
26. No response is required.
27-30. The allegations contained in these paragraphs are conclusions of fact and of law to
which no response is required. To the extent a response is deemed required the allegations
contained in these paragraphs are specifically denied. Strict proof is demand at the time of trial.
WHEREFORE, Defendant Norman H. Fromm, 11, respectfully requests that this
Honorable Court dismiss Plaintiff's action in its entirety, award attorneys fees and costs in favor
of defendant Norman Fromm, and all other relief that this Court deems just and proper.
4
COUNT IV - UNJUST ENRICHMENT AS TO DEFENDANT LYNN M. FROMM
31. No response is required.
32-38. The allegations contained in these paragraphs regarding unjust enrichment are
directed to a defendant other than answering defendant Norman H. Fromm and therefore no
response is required. To the extent that any allegations contained in these paragraphs refer to,
relate to, or concern Answering Defendant, Norman Fromm, same are specifically denied.
COUNT V - UNJUST ENRICHMENT AS TO DEFENDANTS BERNARD M. BRENNAN
AND CHRISTINE M. BRENNAN
39. No response required.
40. The allegations contained in this paragraph are directed to defendants other than
Answering Defendant Norman Fromm and therefore no response is required.
41. The allegation contained in this paragraph is a conclusion of fact and of law to
which no reply is required. Strict proof is demanded at the time of trial.
NEW MATTER
42. Plaintiff has failed to state a cause of action upon which relief may be granted.
43. Defendant Norman Fromm did not authorize Plaintiff to do any work as alleged in
the Complaint.
44. Defendant Norman Fromm is not an agent or apparent agent of Co-defendants
Bernard M. Brennan or Christine M. Brennan.
45. Defendant Norman Fromm is not an agent or apparent agent of Co-Defendant
Lynn Fromm.
5
46. Defendant Norman Fromm did not own the home identified in Plaintiff's
Complaint at the time Plaintiff alleges the work to the roof was complete.
47. There is no contract either oral or written, actual or implied, between Plaintiff and
Defendant Norman Fromm.
48. The document attached to Plaintiff's Complaint as Exhibit "A" is, by Plaintiff's
admission and by the document's own language, merely an estimate and not a contract.
49. In addition, the estimate attached as Exhibit "A" has a specific area requiring a
signature for the estimate to be accepted, which is not signed in this case.
50. The estimate attached hereto as Exhibit "A", is dated June 27, 2003, more than
two years prior to the date Plaintiff alleges the work to the roof was done.
51. The estimate attached to Plaintiff s Complaint as Exhibit "B" is signed by Co-
defendant Christine Brennan and dated September 5, 2005.
52. Answering Defendant, Norman Fromm, II, is not liable to Plaintiff.
53. Answering Defendant incorporates herein every affirmative defense set forth
in Pennsylvania Rules of Civil Procedure 1030(a).
54. Plaintiff, a business entity through its agents, should have known that the
Brennan Defendants did not own the property, and should have inquired as to whether the
Brennans had authority to enter into a contract with Plaintiff.
WHEREFORE, Answering Defendant Norman Fromm, R respectfully requests that this
Honorable Court enter judgement in his favor and against Plaintiff in this case.
6
NEW MATTER PURSUANT TO PA. R.C.P. 2252(c)
NORMAN FROMM V. BERNARD M. BRENNAN AND CHRISTINE M. BRENNAN
AND LYNN FROMM
55. Paragraphs 1 through 54 are incorporated by reference as if set forth at length.
56. Answering Defendant Norman Fromm, II, without vouching for the accuracy of
same, hereby incorporates by reference as fully set forth the Plaintiff's Complaint as it pertains to
Co-Defendants Bernard M Brennan and Christine M. Brennan and Lynn Fromm and avers that if
Plaintiff is entitled to any recovery, which entitlement is specifically denied, the liability is the
sole liability of Bernard M. Brennan, Christine M. Brennan and Lynn Fromm.
57. In the alternative, Bernard M. Brennan, Christine M. Brennan and Lynn Fromm
are jointly and/or severely liable to the Plaintiff and/or liable over to the Answering Defendant
for contribution and/or indemnity.
WHEREFORE, Defendant Norman Fromm, 11, respectfully requests that this Honorable
Court dismiss Plaintiff's Complaint as it pertains to Defendant Norman Fromm, Il and find that
Co-defendants, Bernard M. Brennan, Christine M. Brennan and Lynn Fromm are solely liable,
liable over and/or jointly and severely liable, and enter judgment thereon in favor of Defendant
Norman Fromm, II together with all liable costs and attorneys fees.
Respectfully submitted,
DICKIE, MCCAMEY & CHILCOTE, P.C.
Date: January 16, 2007 By:
James DeCinti, Esquire
Attorney I. D. # 77421
1200 Camp Hill Bypass, Suite 205
Camp Hill, PA 17011-3700
(717) 731-4800
Attorney for Defendants, Norman Fromm, II
7
3MR CATION
I, , hereby verify that the facts set forth in the foregoing Answer, New Matter, new
inauer Cross Claim, are true and correct to the best of my knowledge, information and belief.
I understand that false statements herein are made subject to the penalties of 18
Pa.C.S. §4904, relating to unsworn faWfIcation to authorities.
r
CERTIFICATE OF SERVICE
AND NOW, January 16, 2007, I, James DeCinti, Esquire, hereby certify that I did serve a
true and correct copy of the foregoing ANSWER, NEW MATTER AND NEW MATTER
CROSS CLAIM OF DEFENDANT, NORMAN H. FROMM, II TO PLAINTIFF'S
COMPLAINT upon all counsel of record by depositing, or causing to be deposited, same in the
U.S. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows:
By First-Class Mail:
Bernard Brennan
4815 East Trindle Road, Unit 6
Mechanicsburg, PA 17055
Christine Brennan
4815 East Trindle Road, Unit 6
Mechanicsburg, PA 17055
John Sike, Esquire
Saidis, Flower & Lindsay
2109 Market Street
Camp Hill, PA 17011
(Plaintiff's Counsel)
Michael Bangs, Esquire
Bangs Law Office
429 South 19th Street
Camp Hill, PA 17011
(Attorney for Lynn Fromm)
i
JarAes DeCinti, Esquire
8
DICKIE, MCCAMEY & CBE LCOTE, P.C.
BY: JAMES DECINTI, ESQUIRE ATTORNEY FOR: DEFENDANT
ATTORNEY I.D. NO. 77421 NORMAN FROMM, II
BY: JAMES DECINTI, ESQUIRE
ATTORNEY I.D. NO. 77421
1200 Camp Hill Bypass, Suite 205
Camp Hill, PA 17011
(717)731-4800 (Tele)
(717)7314803 ax
SPANGLER MILL, INC. DB/A EWING IN THE COURT OF COMMON PLEAS
ROOFING, OF CUMBERLAND COUNTY,
Plaintiff
V.
PENNSYLVANIA
NO. 06-6761
CIVIL ACTION - LAW
LYNN M. FROMM, NORMAN H. FROM,
II, BERNARD M. BRENNAN AND
CHRISTINE BRENNAN,
Defendants
JURY TRIAL DEMANDED
STIPULATION OF DISMISSAL OF'NORMAN FROMM
The parties by and through their respective counsel hereby stipulate and agree that
Norman Fromm is dismissed as a parry to this case and the action against him is discontinued
with prejudice.
JanW DeCinti, Esquire
Attorney I.D.# 77421
Dickie, McCamey & Chilcote, P.C.
Attorney for Norman Fromm
Date:_ 07 /
Mic ael Solomon, E uire
Attorney I.D.# a C U 3
Saidis, Flower & Lindsay
Attorney for Spangler Mill, Inc.
d/b/a Ewing Roofing
Date: 10/7 /0 ?
[SPACE INTENTIONALLY LEFT BLANK]
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Michael L. Bangs, uire
Attorney I.D. #i'? C -s
Bangs Law Office
Attorney for Lynn Fromm
Date: -7
Christine M. Brennan
Pro Se Defendant
Date:
Bernard M. Brennan
Pro Se Defendant
Date:
287952
t - McCamey
James DeCinti Direct Dial: 717-731-4800
Attomey-at-Law Direct Fax :717-731-4803
Admitted in PA jdecinti@dmclaw.com
March 18, 2008
VIA CERTIFIED MAIL - RETURN RECEIPT REQUESTED
AND FIRST CLASS MAIL
Bernard M. Brennan
Christine Brennan
4815 East Trindle Road, Unit 6
Mechanicsburg, PA 17055
RE: Spangler Mill, Inc. v. Fromm et al
Docket No.: 06-6761
Our File No.: B-191 (0052941.0302706)
Dear Mr. and Mrs. Brennan:
Back on November 1, 2007, I sent you an original Stipulation to Dismiss my client Norman
Fromm from this matter. The other parties, Lynn Fromm and the Plaintiff, Spangler Mill, Inc., had
agreed to dismiss him because he played no roll in this case. You have not returned that signed
Stipulation and I am asking that you do so as promptly as possible. I am providing you with an enclosed,
self addressed, stamped envelope for your convenience. At the very least, I would appreciate the courtesy
of a telephone call in this regard.
Enclosed is a copy of the March 17, 2008, letter from Michael Solomon who represents Spangler
Mill, d/b/a Ewing Roofing. As you can see, he plans to move forward in this case and if you do not agree
to release Mr. Fromm from this case, despite the other parties agreement to release him, then Mr. Fromm
is stuck being in this case despite having no business being in the case.
Again, you have a duty as a pro se litigant to respond to reasonable requests such as this. You
have no evidence against Mr. Fromm and I do not believe you have asserted any claims against him.
Please either return the signed Stipulation to me or call me to discuss this matter. Thank you.
Very truly yours,
jDI KIE, MCCAMEY & CHILCOTE, P.C.
DeC ti1nYi
JD 1/jec
Enclosure
cc: Michael L. Bangs, Esquire (w/o enc.)
Michael Solomon, Esquire (w/o enc.)
DICKIE, M(CAMEY & (HIL(OTE, P.C. I ATTORNEYS AT LAW
MAIN: 717-731-4800 FAX 717-731-4803 P'Msburgh I Harrisburg I Philadelphia I Washington, D.C.
1200 CAMP HILL BYPASS, SUITE 205 1 CAMP HILL, PA 17011.3700 1 WWW.DM(IAW.COM New Jersey I North Carolina I Ohio I West Virginia
¦ Complete items 1, 2, ar, . Also complete
item 4 if Restricted Delivery is desired.
¦ Print your name and address on the reverse
so that we can return the card to you.
¦ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
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B. ived by (Print ame) C. Date of Delivery
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D. Is delivery address different from item 1? ? Yes
If YES, enter delivery address below: ? No
3. Service Type
? Certified Mail ? Express Mail
? Registered ? Return Receipt for Merchandise
? insured Mail ? C.O.D.
4. Restricted Delivery? (Extra Fee) ? Yes
2. Article Number 7006 2150 0003 8541 6527
(Tiarrsfer from service labs!)
PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540
Postal
CERTIFIED M AIL ;.
RECEIPT
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Postage $
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PRAECIPE FOR LISTING CASE FOR ARGUMENT
(Must be typewritten and submitted in duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next
Argument Court.)
CAPTION OF CASE
(entire caption must be stated in full)
SPANGLER MILL, INC. D/B/A EWING ROOFING,
Plaintiff
V.
LYNN M. FROMM, NORMAN H. FROMM, 11, BERNARD M. BRENNAN AND CHRISTINE
BRENNAN,
Defendants
No. NO. 06-6761, Civil Term
1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to
complaint, etc.):
Defendant Norman Fromm's Motion for Summary Judgement
2. Identify all counsel who will argue cases:
(a) for plaintiffs:
Michael Solomon, Esquire, SAIDIS, FLOWER & LINDSAY, 2109 Market Street
Camp Hill, PA 17011
(b) for defendants:
Michael L. Bangs, Esquire, BANGS LAW OFFICE, 429 South 18th Street,
Camp Hill, PA 17011, (Attorney for Defendant Lynn Fromm)
3. 1 will notify all parties in writing within two days that this case has been listed for
argument.
4. Argument Court Date: May 28, 2008
re
James DeCinti, Esquire
Print your name
Attorney for Defendant, Norman Fromm
Date: April 25, 2008
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ter,., .
SPANGLER MILL, INC.
D/B/A EWING ROOFING,
PLAINTIFF
V.
LYNN M. FROMM,
NORMAN H. FROMM, II,
BERNARD M. BRENNAN AND
CHRISTINE BRENNAN,
DEFENDANTS
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
06-6761 CIVIL TERM
IN RE: MOTION OF DEFENDANT NORMAN H. FROMM II
FOR SUMMARY JUDGMENT
BEFORE BAYLEY, J. AND EBERT, J
ORDER OF COURT
AND NOW, this 2?
day of May, 2008, the motion of defendant,
Norman H. Fromm, II, for summary judgment, IS GRANTED. The complaint against
Norman H. Fromm, II, IS DISMISSED.
By
' Michael L. Solomon, Esquire
FFo?or Plaintiff
James DeCinit, Esquire
/For Norman H. Fromm, II
? Michael L. Bangs, Esquire
For Lynn Fromm
,/'Bernard M. Brennan, Pro se
Christine M. Brennan, Pro se
4815 East Trindle Road, Unit 6
Mechanicsburg, PA 17055
:sal
1??.:e>? IES ?%atLC=L
Edgar B. Bayley, J.
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SPANGLER MILL, INC.,
d/b/a EWING ROOFING,
Plaintiff
v
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
LYNN M. FROMM, NORMAN H.
FROMM, II, BERNARD M.
BRENNAN and CHRISTINE M.
BRENNAN,
Defendants NO. 06-6761 CIVIL TERM
IN RE: PRETRIAL CONFERENCE
A pretrial conference in the above-captioned case was
held in the chambers of Judge Oler on June 30, 2008. Present on
behalf of the Plaintiff was Michael L. Solomon, Esquire. Present
on behalf of Defendant Lynn M. Fromm was Michael L. Bangs,
Esquire. Defendants Bernard M. Brennan and Christine M. Brennan,
who are representing themselves, did not appear at the
conference. It is noted that Defendant Norman H. Fromm, II, has
been dismissed from the action.
This action arises out of the repair of a roof on
a dwelling owned by Defendant Lynn M. Fromm and rented by
Defendants Bernard M. Brennan and Christine M. Brennan. The
action against Defendant Lynn M. Fromm is for breach of contract
and unjust enrichment; the action against Defendants Bernard M.
Brennan and Christine M. Brennan is also for breach of contract
and unjust enrichment. The defense of Lynn M. Fromm involves her
not being a party to the contract in question.
This will be a nonjury trial of an estimated
duration of 1/2 day. By separate Order of Court this nonjury
trial has been scheduled for August 13, 2008.
The parties have been engaging in settlement
negotiations, and it does appear to the Court that there is at
91 -6 V ! - 11' OUR
f .
least a chance of settlement in this case with respect to
Plaintiff and Defendant Lynn M. Fromm.
By the Court,
J Wesley 01W, Jr., J.
r
/Michael L. Solomon, Esquire
Saidis, Flower & Lindsay
2109 Market Street
Camp Hill, PA 17011
For Plaintiff
/Michael L. Bangs, Esquire
429 South 18th Street
Camp Hill, PA 17011
For Defendant Lynn M. Fromm
"XBernard M. Brennan
4815 E. Trindle Road, Unit 6
Mechanicsburg, PA 17055
? Christine M. Brennan
4815 E. Trindle Road, Unit 6
Mechanicsburg, PA 17055
:mae
COf ?4S ?"! 2 t ?
SPANGLER MILL, INC., IN THE COURT OF COMMON PLEAS OF
d/b/a EWING ROOFING, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V. CIVIL ACTION - LAW
LYNN M. FROMM,
NORMAN H. FROMM, II,
BERNARD M. BRENNAN
and CHRISTINE BRENNAN,
Defendants NO. 06-6761 CIVIL TERM
IN RE: NONJURY TRIAL
ORDER OF COURT
AND NOW, this 12th day of August, 2008, the Court being advised by Michael L.
Solomon, Esq., attorney for Plaintiff, that this matter has been settled with Defendant
Lynn M. Fromm but has not been settled with Defendants Bernard M. Brennan and
Christine Brennan, the nonjury trial previously scheduled for August 13, 2008, is
rescheduled to Thursday, December 11, 2008, at 1:30 p.m., in Courtroom No. 1,
Cumberland County Courthouse, Carlisle, Pennsylvania.
BY THE COURT,
zz/?- Id
Wesley Oler, r., .
x chael Solomon, Esq.
2109 Market Street
Camp Hill, PA 17011
Attorney for Plaintiff
X hael L. Bangs, Esq.
429 South 19th Street
Camp Hill, PA 17011
Attorney for Defendant
Lynn Fromm n
f
?Z! d ? Sun
311
Xernard M. Brennan
4815 East Trindle Road
Unit 6
Mechanicsburg, PA 17055
Defendant, pro Se
/hristine M. Brennan
4815 East Trindle Road
Unit 6
Mechanicsburg, PA 17055
Defendant, pro Se
:rc
SPANGLER MILL, INC. d/b/a
EWING ROOFING,
Plaintiff
V.
LYNN M. FROMM, NORMAN H.
FROMM, II, BERNARD M. BRENNAN
And CHRISTINE M. BRENNAN,
Defendants
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNA.
: DOCKET NO. 06-6761 CIVILTERM
: CIVIL ACTION-LAW
PRAECIPE TO SETTLE. DISCONTINUE AND END WITH PREJUDICE
TO THE PROTHONOTARY:
Please mark the above-captioned matter settled, discontinued and ended ONLY
as to Defendant, LYNN M. FROMM.
Date: c? pt 6?
Respectfully submitted,
SAIDIS, FLOWER & LINDSAY
Michael L. Solomon, E quire
Attorney I.D. No.: 36031
2109 Market Street
Camp Hill, PA 17011
(717) 737-3405
Attorney for Plaintiffs
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