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HomeMy WebLinkAbout07-0085 John W. Purcell, Jr. PA I.D. #29955 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorney for Plaintiff ROBERT JACKSON t/a JACKSON ENTERPRISES, PLAINTIFF, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 0'1- IS e'CJ~LY€A..~ MICHAEL RAICH AND MICHELLE RAICH, DEFENDANTS CIVIL ACTION - LAW THIS 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. 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 the 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 claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, P A 17013 717-249-3166 800-990-9108 A VISO LE RAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENT ADAS, ES ABSOLUT AMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y A VISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, 0 SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN EST A DEMANDA. RECUERDE: SI USTED NO REPONDE A EST A DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE EST A DEMANDA. POR RAZON DE ESA DECISION, ES PossmLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 717-249-3166 800-990-9108 ROBERT JACKSON tla JACKSON ENTERPRISES, PLAINTIFF, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 0'1 - ps e. tJ\'L I~ MICHAEL RAICH AND MICHELLE RAICH, DEFENDANTS CIVIL ACTION - LAW COMPLAINT AND NOW comes Plaintiff, Robert Jackson tla Jackson Enterprises, by and through his attorneys Purcell, Krug & Haller and files this Complaint against Defendants, Michael Raich and Michelle Raich, averring as follows: 1. Plaintiff, Robert Jackson tla Jackson Enterprises, is a business entity with a current address of 1735 State Street, Harrisburg, Dauphin County, Pennsylvania 17103. 2. Defendants, Michael Raich and Michelle Raich, are adult individuals with a current address of 2806 Fairview Road, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Defendants own a home located at 2806 Fairview Road, Camp Hill, Cumberland County, Pennsylvania 17011. 4. On or about July 23,2003, the parties entered into a written agreement whereby Defendants promised to pay Plaintiffs labor and materials associated with the alteration and repair of Defendants' home. A copy of the contract is attached hereto and made a part hereof as Exhibit "A". 5. Plaintiff was the General Contractor under the parties' agreement. 6. Plaintiff began performance of the alterations and repairs pursuant to the agreement. 7. On or about October 24,2003, Defendants approved additional work to be performed by Plaintiff which is further described in Addendums attached hereto and made a part hereof as Exhibits "B" and "C". 8. Plaintiff performed the alterations and repairs on Defendants' property through January 20, 2004. 9. Plaintiff was to return to the Defendants' property after January 20,2004 to complete a punch list. 10. Plaintiffwas notified by Defendants' counsel that "Jackson Enterprises [would] not be permitted to perform any further work on the Raich home". II. Plaintiff provided Defendants with an invoice for actual work performed; a copy of which has been attached hereto and made a part hereof as Exhibit "D". 12. Plaintiff credited Defendants' account for work not performed and adjusted for additional work agreed to by both parties. 13. Defendants owe Plaintiff a total of$70,323.04 for the alterations and repairs to their property. 14. Plaintiff is entitled to payment for the work performed on Defendants' property. COUNT I - BREACH OF CONTRACT 15. Paragraphs I through 14 are incorporated herein by reference as if fully set forth at length. 16. By reason of the contract with Plaintiff, Defendants are in breach of their agree- ment to pay Plaintiff for the alterations and repairs to their home and are liable to Plaintiff for the abovementioned balance due. WHEREFORE, the Plaintiff requests this Honorable Court enter judgment in favor of Plaintiff and against the Defendants in the amount of $70,323.04 together with interest from the date of the contract and costs of this proceeding. COUNT II - UNJUST ENRICHMENT 17. Paragraphs 1 through 16 are incorporated herein by reference as if fully set forth at length. 18. Defendants were unjustly enriched by the alterations and repairs to their home at the expense of Plaintiff and therefore Defendants are responsible for paying Plaintiff the reasonable value of his services. 19. Plaintiff expended labor and materials for Defendants' benefit without receiving compensation. 20. Defendants are obligated to pay Plaintiff a reasonable value for his services in order to avoid being unjustly enriched. 21. If Plaintiff is denied recovery for the alterations and repairs to Defendants' property, an injustice will result. WHEREFORE, the Plaintiff requests this Honorable Court enter judgment in favor of Plaintiff and against the Defendants in the amount of $70,323 .04 together with interest from the date of the contract and costs of this proceeding. Respectfully submitted, I, Jr. P I.D. #29955 1719 North Front Street Harrisburg, P A 17102 (717) 234-4178 Date: \.... d - o1} JACKSON ENTERPRISES 1735 STATE STREET HARRISBURG, PENNA. 17103 VOICE - 236-2643 FAX - 238-9805 July 23, 2003 Mr. & Mrs. Michael Raich 708 Cocklin Street Mechanicsburg, Po. 17055 Re: 2806 Fairview Road Contract Roof: We propose to remove all old layers of shingles. There are two layers of shingles, remove down to wood deck and haul away. Remove old skylights that are not used and seal over holes. Install one new skylight in new kitchen area (replace old patio skylight). Install new 30-lb felt ice and snow shield along edges. Install new aluminum drip-edge and new 30 year architectural fiberglass shingles on complete "A" roof area with all flashings and aluminum ridge vents. On flat roofs, we will remove old EPDM rubber roofs that have wet insulation and holes. Install new 1" ISSO insulation and new 060 mil EPDM totally glued down rubber roof system with all new flashings and edgings. RUBBER ROOF GUARANTEED FOR 15 YEARS (MATERIALS) SHINGLES GUARANTEED FOR 30 YEARS (MATERIALS) Labor guaranteedfor (1) year Kitchen: Remove existing kitchen, which consists of base and wall cabinets, countertop, and 5' range hood. Remove (1) wall, extend kitchen and build 2 walls that consists of 2 x 4's and 3 ~" of insulation. Install (1) 36" pre-hung door and screen. Remove existing ceiling and hang new drywall, finish. Close off skylight. Install complete kitchen with new wall cabinets and base cabinets. Custom build an island with a double sink and all plumbing. Install (1) and (1) drop-in stovetop. Install OJ microwave/stove combination over stovetoo. Custom build an "L" shaped seating group 5 ' x 7'. Remove closet next to kitchen and install cabinets with refrigerator boxed in. Install new formica countertops. The style of the cabinets will be "Waverly" made by Armstrong. Exhibit "A" Doors: Replace existingfront door and side panels. Remove sliding glass doors in living room and dining room, and install (1) french door with side lights, and (2) French sliding glass doors with Sidelights. Windows: Replace sliding windows in Master Bedroom, remove remaining windows throughout house and install double hung windows. Create window openings and install a Bav Window for family room and new windows in kitchen. Floors: Remove carpet and padding in living room and dining room, prepare floor for ~ " hardwood oak floor that will be installed by others. Crawl Space: Install a vapor barrier on dirt floor and repair three or four juices where needed Remove and install (1) 50 gallon or 100 gallon hot water heater. (oilfired or electric) Service the existingfurnaces. Ceilingslwalls: Repair all damaged ceilings and walls where needed Remove box from around living room, dining room and bedroom ceilings. In the main entry foyer, remove closet and lights box that consists of lighting system in area and drywall. Greenhouse: Remove existing greenhollse in front of hOllse and landscape area with in rea<;on. Miscellaneous: Remove existing panel box in basement and install a new 200 AMP box. Clean up and haul away all debris. Labor & Materials $95,000.00 Acceptance of Contract: Date: Date: Date: Jackson Enterprises 1735 State Street Harrisburg, Penna. 17103 Voice - 236-2643 Fax - 238-9805 October 24,2003 Mr. & Mrs. Michael Raich 708 Cocklin Street Mechanicsburg, Pa. 17055 Re: 2806 Fairview Road Extra Work Approved By Owner's Two extra dumpsters, 75 sheets of W' plywood cdx, support joices, seal holes, hang gutter, aluminum facia, new skylight -------------------------------$6,291.00 Electrical: Remove and install all new receptacles and switches, install new lights, rework wires through-out entire house. Run new combination of three ways, four ways and single pole switches. The electrical work consists of rewiring the entire house from in the attic. $3,500,00 Master Bath: Demo entire bathroom, hang and finish new Drywall. Install new vanity, linen closet, water closet and new baseboard. Install new waste line with trap for new bathtub, and install new waterline. Hook-up new tub, remove and install new lights, Rebuild walls and ceilings from demo------------------------------------------------$4 ,500.00 Painting: Prime and paint all interior ceilings and walls. Paint all interior woodwork. (master bedroom, family room, kitchen, dining room and living room) are of two colors. $2,500.00 Guest bathroom: Hang and finish new drywall remove old vanity and install one pedestal sink with mirror. Install a wall hung water closet ---------------------------------------$1,900.00 Miscellaneous: Install granite around fireplace and mantle. Install new baseboard and 3/4" round in living room and dining room. Install two new poles in living room/dining room area. $1,308.14 Labor and Materials------------------------------------------------$20,000.00 Exhibit "B" Extra \Vork: ] . Invoice from Home Depot, things was put on my card, should have been $10,000.00 was $12,091.59. 2. Mantel re-install also granite was not in contract. 3. Build box in living room with 2 x 4"s, drywall & paint. Install % round at base. 4, Drywall over brick, finish & paint, install % round 5. Install all % round at base ofliving room floor, and paint, 6. Install (2) two poles, also % round at top and bottom 7. Rebuild hole in kitchen floor, from floor contractor, Total Exhibit "e" 2,000,00 + 350,00 250.00 200.00 275,00 225,00 200.00 $3,500.00 February 13, 2004 Michelle & Michael Raich 2806 Fairview Road Camp Hill, Pa. 17011 95,000.00 1.218.50 93,781.50 4,000.00 89,781.50 147.02 89,634.48 133,98 89,500.50 164.43 89,336,07 210,00 89,126.07 89.93 89,036,14 - 15.000,00 74,036.14 - 25.000.00 49,036,14 348.00 48,688.14 254.65 48,433.49 + 236.60 48,670.09 Jackson Enterprises 1735 State Street Harrisburg, Penna. 17103 Voice - 236-2643 Fax - 238-9805 Invoice For Payment (master bath, materials you paid for) (kitchen floor) (cabinet pulls and knobs) (mantel & trim) (window screen & hardware) (french door grills) (window screen & hardware) (paid on account) (paid on account) (building permit) (bay window head seat) Re: final invoice for Payment (mantel & oak surround, on my account) Exhibit "n" 48,670.09 800.00 47,870,09 571.45 47,299,09 476.05 46,823.04 + 20.000.00 66,823,04 + 3.500.00 70,323.04 (balance fOlWard from previous page) (L shaped seating (5x7 credit) to owner) (cook top) (microhood) (extra work approved by owner's) (subtotal) (extra work approved by owner's) (Total amount due) VERIFICATION I hereby verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904 relating to unsworn falsification to authorities. ~'j ~ l',)',::r-t, '/n 1.' " 1 Robert M. Jackson / ... Date: J~~-O'l ~ ~ 19- ~ ~ ....... .......... ~ Q ~ ~ ~ 8 ....., -cJ c::t ~ ~ c:.:;) ~ -rJ~ -..I &) ~ rn~:;C' C- ~ :f~~:'~'.; > % 1"11 ::!J 1')5 5:~ I -o~ 1- &" :D ~~ 0 .c:...f -0 ~:B :x .~~ ;.>' ~ 'f! ~ w ?E N -< REAGER & ADLER, P.C. By: Thomas O. Williams, Esquire Attorney I.D. No. 67987 Email: Twilliams@ReagerAdlerPC.com By: Richard J. Joyce, Esquire Attorney I.D. No. 85520 Email: Rioyce@ReagerAdlerPC.com 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Attornevs for Defendants ROBERT JACKSON, t/d/b/a JACKSON ENTERPRISES, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : No. 07-85 MICHAEL and MICHELLE RAICH , : CNIL ACTION - LAW Defendants NOTICE TO PLEAD To: Robert Jackson, tJdIb/a Jackson Enterprises: YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER AND COUNTERCLAIM WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. Respectfully submitted, Date: January 30~ 2007 REAGER & ADLER, P.C. By: Thomas O. Williams, Esquire Attorney I.D. No. 67987 Email: Twilliamsra2ReagerAdlerPC.com By: Richard J. Joyce, Esquire Attorney I.D. No. 85520 Email: Rioyce@ReagerAdlerPC.com 2331 Market Street Camp Hill, P A 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Attorneys for Michael and Michelle Raich ROBERT JACKSON, t/d/b/a JACKSON ENTERPRISES, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : No. 07-85 MICHAEL and MICHELLE RAICH, : CNIL ACTION - LAW Defendants DEFENDANTS' ANSWER WITH NEW MATTER TO COMPLAINT AND COUNTERCLAIM 1. Admitted upon information and belief. 2. Admitted. 3. Admitted. 4. Admitted in part, denied in part. It is admitted that the parties entered into an agreement on or about July 23,2003. However, inasmuch as the document attached to the Complaint at Exhibit "A" does not contain the signature of the Raichs, it is denied that the document attached at Exhibit "A" constitutes the executed contract between the parties. 5. Admitted. 6. Admitted. 7. Admitted in part, denied in part. It is admitted only that on or about October 24, 2003, Raichs approved certain additional work to be performed by the Plaintiff. However, it is denied that Exhibits "B" and "C" to the Complaint and the alleged additional extra work set forth therein were approved by the Raichs, or were agreed to be paid by the Raichs. Any express or implied allegation that the Raichs agreed to pay the amounts set forth in Exhibits "B" and "C", or that they agree or admit that the items listed as "extra work" constitute extra work for which the Raichs agreed to pay are therefore denied. 8. Denied. The last date on which the Plaintiff performed any work was January 7, 2004. 9. Admitted in part, denied in part. The Plaintiff was to return to the Raichs' property to complete a punch list. However, after leaving the residence on December 19,2003, the Plaintiff never returned to the residence, and after meeting with Mr. Raich on Friday, January 16,2004 to discuss the remaining items, the Plaintiff never responded to the Raichs' multiple attempts to have him complete his work. By way of further answer, the Plaintiff had failed to perform the work in a timely and workmanlike manner, leaving substantial work remaining, and substantial work having been performed in a deficient manner at the time of its last work on the Raichs' property. By way of further answer, the Raichs incorporate herein by reference their New Matter and Counterclaim which follow. 10. Admitted in part, denied in part. The Raichs' gave the Plaintiff a time period of through February 2004 to complete the punch list. After receiving a letter from the Plaintiffs attorney requesting payment in full, the Raichs hired their counsel. On this date, March 3, 2004, the Defendants' counsel advised Jackson Enterprises it would not be permitted to perform any 2 further work on the Raichs' home pending assessment by an expert from the Harrisburg Home Builder's Association. 11. Denied. It is specifically denied that the invoice attached as Exhibit "D" to the Complaint constitutes a proper invoice for actual work properly completed by Plaintiff Jackson Enterprises. By way of further answer, it is specifically denied that the Plaintiff is entitled to payment ofthe invoice, as the invoice misrepresents the work that was completed in a good and workmanlike manner by the Plaintiff. By way of further answer, Defendants incorporate herein by reference their New Matter and Counterclaim which follow. 12. Denied. It is specifically denied that the Plaintiff properly credited the Defendants' account for work which the Plaintiff failed to timely and properly perform. By way of further answer, the Defendants incorporate herein by reference their New Matter and Counterclaim which follow. 13. Denied. It is specifically denied that the Defendants owe the Plaintiff $70,323.04. By way of further answer, the Defendants incorporate herein by reference their New Matter and Counterclaim which follow. 14. Denied. It is specifically denied that the Plaintiff is entitled to any additional payment from the Defendants. COUNT I - Breach of Contract 15. No responsive pleading required. 16. Denied. The averments of Paragraph 16 constitute conclusions oflaw to which no responsive pleading is required. By way of further answer, the Defendants incorporate herein by reference their New Matter and Counterclaim which follow. WHEREFORE, Defendants respectfully request this Honorable Court to dismiss the 3 Plaintiffs Complaint with prejudice and costs. COUNT II - Uniust Enrichment 17. No responsive pleading required. 18. Denied. The averments of Paragraph 18 constitute conclusions of law to which no responsive pleading is required. By way of further answer, Defendants incorporate herein by reference their New Matter and Counterclaim which follow. 19. Denied. It is specifically denied that the Plaintiff expended labor and materials for the Defendants' benefit for which the Plaintiff has not been paid. By way of further answer, the Defendants incorporate herein by reference their New Matter and Counterclaim which follow. 20. Denied. The averments of Paragraph 20 constitute conclusions of law to which no responsive pleading is required. By way of further answer, Defendants incorporate herein by reference their New Matter and Counterclaim which follow. 21. Denied. The averments of Paragraph 21 constitute conclusions of law to which no responsive pleading is required. By way of further answer, Defendants incorporate herein by reference their New Matter and Counterclaim which follow. WHEREFORE, the Defendants respectfully request this Honorable Court to dismiss the Plaintiffs Complaint with prejudice and costs. NEW MATTER 22. The Defendants incorporate herein by reference the averments contained in Paragraphs 1 through 21 above as if set forth fully herein. 23. The Plaintiff s Complaint fails to state a cause of action upon which relief can be granted. 4 24. The Plaintiffs claims are barred due to its failure to mitigate any and all alleged damages. 25. The Plaintiffs claims are barred due to a failure of consideration. 26. Defendants have paid the Plaintiff in excess ofthe value of the Plaintiffs work which it has completed in a good and workmanlike manner. 27. Defendants are justified in withholding any further payment to the Plaintiff and incorporate herein their Counterclaim which follows. 28. The documents attached to the Plaintiffs Complaint do not constitute the agreements between the parties, inasmuch as, these documents do not bear the signatures of the Raichs. 29. The documents attached as Exhibit "B" and "C" ofthe Complaint alleging work to be extra work is not accurate and do not contain the items of work which the Defendants agreed constituted extra work. 30. The Plaintiff failed to complete all of the work for which it alleges it is due payment. 31. The amounts billed by the Plaintiff contain amounts which constitute double billing, and include amounts billed for items of work which were not fully performed, or were performed in a less than good and workmanlike manner. 32. Defendants never agreed to pay the Plaintiff the amounts as alleged in Exhibits "B", "C" and "D" of the Plaintiffs Complaint. 33. Many of the charges for the alleged extra work are duplicated on several of the Plaintiff s exhibits. 34. The Plaintiff caused damage to property ofthe Defendants for which the 5 Defendants are entitled to be compensated. 35. The Plaintiff is not entitled to any further payment from the Defendants, inasmuch as, the Plaintiff breached its agreement with the Defendants by, among other things, failing to properly construct the improvements for which it is billing the Defendants, failing to properly supervise all workmen and subcontractors on the Proj ect, and creating damage to the Defendants' home. The Defendants incorporate herein by reference their Counterclaim which follows. 36. The Plaintiff failed to properly manage the Project on the Defendants' home, and failed to hire and supervise qualified workmen on the Project. 37. Any alleged damages suffered by the Plaintiff were caused by the Plaintiff itself, or by other parties, and not the Defendants. 38. Defendants were forced to purchase substantial materials for the project on their personal credit card, which materials should have been purchased by the Plaintiff under the parties' Agreement. 39. The invoices submitted by the Plaintiff to the Defendants are misleading and contain false information with respect to the proper identification of work fully performed in a good and workmanlike manner, and the charges agreed to be paid for those items. 40. The Plaintiffs claims are barred due to the doctrines of waiver and estoppel. 41. The Defendants are entitled to a setoff for the cost of deficient and/or incomplete work, damage to personal property and out-of-pocket expenses. WHEREFORE, the Defendants respectfully request this honorable Court to dismiss the Plaintiffs Complaint with prejudice and costs. 6 COUNTERCLAIM COUNT I - Breach of Contract 42. The Defendants incorporate herein by reference the averments of Paragraphs 1 through 41 above as if set forth fully herein. 43. At all times relevant herein, Plaintiff and Counterclaim Defendant is Robert Jackson, t/d/b/a Jackson Enterprises (hereinafter "Jackson"), with an address of 1735 State Street, Harrisburg, Dauphin County, Pennsylvania 17103. 44. The Defendants and Counterclaim Plaintiffs are Michael Raich and Michelle Raich (hereinafter "Raichs"), adult individuals with a current address of 2806 Fairview Road, Camp Hill, Cumberland County, Pennsylvania, 17011. 45. At all times relevant hereto, Counterclaim Defendant Jackson represented to Counterclaim Plaintiffs Raichs that he was a competent, qualified general contractor and that he would perform improvements on the Raichs' home in a timely and good and workmanlike manner. The Raichs relied on these representations in deciding to hire Counterclaim Defendant Jackson, and in agreeing to enter into a contract with Counterclaim Defendant Jackson. 46. Counterclaim Defendant Jackson expressly and impliedly represented and promised to the Raichs that he would do the following: 1. Hire only qualified, competent workmen to perform work on the Raichs' property 2. Perform all work agreed to be done between the parties in a timely and good and workmanlike manner 3. Cure all deficient work in a timely manner 7 4. Not represent to the Raichs that Jackson had performed certain work when it had not fully performed the work, or had performed the work in a deficient manner 5. Submit invoices to the Raichs which only represented and requested payment for completed work that was completed in a good and workmanlike manner 6. Not cause damage to any of the Raichs' property 7. Not demand payment from the Raichs for more than the value of the work that was completed in a good and workmanlike manner 8. Properly supervise all workmen on the Project 9. Not force the Raichs to place costs for materials on their own credit cards when such material was to be purchased by Counterclaim Defendant Jackson 47. During the course of Counterclaim Defendant Jackson's performance of the agreement between the parties, Jackson failed to comply with the aforesaid express and implied representations and promises, which formed the basis of the agreement, and upon which the Raichs relied in entering into the agreement with Counterclaim Defendant Jackson. 48. As a result of Jackson's failure and/or refusal to perform its express and implied contract obligations, Counterclaim Defendant Jackson has breached the contract. 49. Asa result of Jackson's failure to properly perform the work which it promised to perform in a good and workmanlike manner, and to perform all other express and implied obligations under the contract, Raichs suffered damages. 50. In particular, Counterclaim Defendant Jackson failed to perform as promised 8 and several deficiencies in Counterclaim Defendant's work resulted, some of which include: 1. Failure to perform the installation of the water heater 2. Failure to properly install the rubber roof 3. Failure to properly replace the blemished countertops 4. Failure to properly install vent for Range/microhood 5. Failure to properly landscape greenhouse area 6. Failure to properly install all Andersen Doors resulting in malfunctioning door locks 7. Failure to clean all surfaces and to properly paint 8. Failure to properly install trim 9. Failure to properly install supports 10. Failure to properly install the vanity in the master bathroom 11. Failure to properly perform drywall work in the master bathroom 12. Failure to fully remove the bathtub track and to caulk the office bathroom bathtub 13. Failure to properly finish the shower in the office bathroom 14. Failure to properly caulk windows 15. Failure to properly install light sockets in the closets in bedroom #3 16. Failure to properly install outlets in bedroom #3 17. Failure to properly cover existing skylights 18. Failure to properly construct custom L-shaped seating area in the breakfast nook 19. Failure to properly install electrical outlets throughout entire house 9 20. Failure to properly install french door grills 21. Failure to properly install tile in the entrance way 22. Failure to properly finish the window frames 23. Failure to properly complete the installation of the bay window 24. Failure to properly paint exterior finishes 25. Failure to properly install the faceplates in the foyer 26. Failure to properly install the doorbell in the foyer 27. Failure to properly install hardware on the main door 28. Failure to properly clean paint splatters 29. Failure to install faceplate on fuse box 30. Failure to properly install outlets near the foyer 31. Failure to correct and refinish peeling paint 32. Failure to properly protect cabinets from paint remover which has caused damages to finishes, specifically kitchen cabinetry 33. Failure to properly connect water for the icemaker in the kitchen 34. Failure to properly correct or reorder faded cabinetry 35. Failure to properly complete the mantel 36. Failure to properly perform finish carpentry and painting work in the living room 37. Failure to properly install toilet in the master bathroom 38. Failure to properly install windows in the master bedroom 39. Failure to properly install outlets in the mudroom 10 40. Failure to fix the cracks around the light and wall/ceilings in the dining room 41. Failure to properly wire electrical sockets in the mudroom 42. Failure to properly finish, seal and paint the T -111 wall on the patio 43. Failure to properly finish the installation of the French doors on the patio 44. Failure to properly reinstall the telephone jack in the kitchen 45. Failure to properly construct walls ofthe breakfast nook 46. Failure to properly construct and install posts in the kitchen 47. Installed a cracked wall hung toilet in the office bathroom 48. Failure to properly install the front door, side panels and surrounding trim work 51. In addition to the deficient and incomplete work of Counterclaim Defendant Jackson, the Raichs were forced to pay more than $8,000 out-of-pocket for construction material for which Counterclaim Defendant Jackson was contractually responsible. The Raichs were forced to place these costs on their credit card, and have not been reimbursed despite demand that Jackson do so. 52. During the construction by Counterclaim Defendant Jackson, Counterclaim Defendant Jackson caused damage to some of the Raichs' property, including a stovetop. 53. During the work performed in and around the greenhouse by Counterclaim Defendant Jackson, Counterclaim Defendant Jackson caused damage to the Raichs' fuel oil line, resulting in a fuel leak and consequent environmental remediation. 54. Damages caused to the Raichs as a result of the aforesaid breaches of contract by Counterclaim Defendant Jackson are in excess of $50,000. 11 55. All conditions for the bringing of this action have occurred and/or have been performed. WHEREFORE, Defendants/Counterclaim Raichs respectfully request this Honorable\ Court to enter judgment in their favor and against Plaintiff/Counterclaim Defendant Jackson in excess of $50,000, plus costs and interest. COUNT II - Violation of Pennsvlvania Unfair Trade Practices and Consumer Protection Law (73 PS 6201-1 et seQ.) 56. Counterclaim Plaintiffs Raichs incorporate herein by reference the averments of Paragraph 1 through 55 above as if set forth fully herein. 57. The Unfair Trade Practices and Consumer Protection Law (73 PS 9201-1 et seq.) (hereinafter "UTPCPL"), specifically 9201-2(xxi), includes as violative, unfair or deceptive acts or practices "engaging in any other fraudulent or deceptive conduct which creates a likelihood of confusion or misunderstanding" on the part of the consumer. 58. Prior to completing his work on the Raichs' home, Counterclaim Defendant Jackson presented the Raichs with an invoice, including that which Counterclaim Defendant Jackson has attached to his Complaint at Exhibit "D". 59. In the invoice, Counterclaim Defendant Jackson represented that the Raichs' approved extra work and additional charges for the alleged extra work, to which the Raichs did not agree. 60. The invoice submitted by Counterclaim Defendant Jackson represented that Jackson was owed monies for work which it had not completed, and further demanded payment for work for which Jackson was billing the Raichs twice. The representations stated in Counterclaim Defendant Jackson's invoice are false representations and deceptions which not 12 only create a likelihood of confusion or misunderstanding, but have in fact caused the Raichs to be confused over the proper billing for the work actually performed by Counterclaim Defendant Jackson. 61. Counterclaim Defendant Jackson's actions and/or inactions in submitting the invoice attached at Exhibit "D" to his Complaint constitutes fraudulent and/or deceptive conduct which constitutes a violation of the UTPCPL. 62. All conditions precedent for the bringing of this action have occurred and/or have been performed. WHEREFORE, Defendant/Counterclaim Plaintiffs Raich respectfully request this Honorable Court to enter judgment in their favor and against Plaintiff/Counterclaim Defendant Jackson in excess of $50,000, plus costs, interest, treble damages and reasonable attorney's fees as authorized by the Pennsylvania Unfair Trade Practices and Consumer Protection Law. Respectfully submitted, Date: January 30, 2007 Thom . Williams, Esquire Attorney I.D. No. 67987 Richard J. Joyce, Esquire Attorney I.D. No. 85520 2331 Market Street Camp Hill, P A 17011 Telephone: (717) 763-1383 Attorneys for Defendants 13 . VERIFICATION I, Michael Raich, hereby verify the averments of the foregoing document are true and correct to my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 34904, relating to unsworn falsification to authorities. Date: , ~o7-0'""4V"'" 3~ BY:~v.kJ) 0- 9~ lchae1 Raich I '. . VERIFICATION I, Michelle Raich, hereby verify the averments of the foregoing document are true and correct to my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 34904, relating to unsworn falsification to authorities. 2-00 1- J.4Y' - 30 By: ~I<~ Michelle Raich I Date: ~ " CERTIFICATE OF SERVICE AND NOW, this 30th day of January, 2007, I hereby verify that I have caused a true and correct copy of the foregoing document to be placed in the U.S. mail, first-class, postage prepaid and addressed as follows: John W. Purcell, Jr., Esquire Purcell, Krug & Haller 1719 North Front Street Harrisburg, P A 171 02 ~-, (~~~ 5 (- Z c.) -0 -- ~ o ." -t -r.: -n i,';=:::; -afJ:; .;;~~ l".;_.. __,\J, --,- ~, ~;-~ f~.\ . ) :.:':i 7D ;-<, <-:: 1') W ..If . " ROBERT JACKSON, T/D/B/S JACKSON : IN THE COURT OF COMMON PLEAS ENTERPRISES, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. : NO. 07-85 MICHAEL AND MICHELLE RAICH, : CIVIL ACTION-LAW Defendants PRAECIPE TO THE PROTHONOTARY: Please mark the above captioned matter settled and discontinued with prejudice. By -, cell, Jr., Esquire I . No. 29955 1719 North Front Street Harrisburg, P A (717) 234-4178 Date ]---~{.,'o7 (') c S t"i? ~ c::> :5 -,z: ~ ::;:0 1',) .....1 -0 ~ ~ ~~ "0 t!:\ :'P'-( '-Ie) ,.j-~, :T, -1"1 ,'j- :::~ c.:~ 4:-{ l ~ o -I ~ t),? c..n \.0 SHERIFF'S RETURN - REGULAR -~ , CASE NO: 2007-00085 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JACKSON ROBERT ET AL VS RAICH MICHAEL ET AL JESSICA HERMANSEN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon RAICH MICHAEL the DEFENDANT , at 1920:00 HOURS, on the 10th day of January ,2007 at 2806 FAIRVIEW ROAD CAMP HILL, PA 17011 by handing to MICHELLE RAICH, WIFE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Postage Surcharge So Answers: Sworn and Subscibed to 18.00 12.32 .39 10.00 .00 40.71 j . "q .01 I"~~ ~~~~~~ R. Thomas Kline 01/12/2007 PURCELL KRUG HALLER before me this day By: - De t Sheriff of A.D. SHERIFF'S RETURN - REGULAR ...' ." CASE NO: 2007-00085 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JACKSON ROBERT ET AL VS RAICH MICHAEL ET AL JESSICA HERMANSEN , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon RAICH MICHELLE the DEFENDANT at 1920:00 HOURS, on the lOth day of January , 2007 at 2806 FAIRVIEW ROAD CAMP HILL, PA 17011 by handing to MICHELLE RAICH a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: Sworn and Subscibed to 6.00 .00 .00 10.00 .00 16.00;/ I'~\~ ?""""~~ R. Thomas Kline . 01/12/2007 PURCELL KRUG HALLER day BY:~~~WJ1J \ '.J Dep y Sheriff -- before me this of A.D. ROBERT JACKSON, T/DIB/S JACKSON : IN THE COURT OF COMMON PLEAS ENTERPRISES, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. : NO. 07-85 MICHAEL AND MICHELLE RAICH, : CIVIL ACTION-LAW Defendants PRAECIPE TO THE PROTHONOTARY: Please mark the Counterclaim in the above captioned matter settled and discontinued with prejudice. Date fYIi1.'~1 2-001 By Thomas O. Williams, Esquire J.D. No. 67987 2331 Market Street Camp Hill, PA 17011 <:) c ~- -Off? Q)C zC (f) ,,,_: .-' ~(- 1;G, =(-' :P'L ~ ~ ~ :;. ~ t'-' cJ) -0 :;:g: (...:> .' ~ -4 ::I:-n rn r:: -0(1"', .....je? gc; -r.: :?;~ (~C) ~5rn '::'-\ C> ~ c:f\