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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. .3/ltJ CI'VI I
If:( Q'f
EMLEN C. HEIDELBAUGH, JR. and
MARIANNE HEIDELBAUGH,
Plaintiffs
CHAMBERLIN & SONS, INC.,
Defendant
NOTICE
You have been sued in Court. If you wish to defend yourself
against the claims set forth in the following papers, 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 defense 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 Plaintiffs. 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 OUR WHERE YOU CAN GET HELP.
Court Administrator
CUMBERLAND COUNTY COURTHOUSE
4th Floor
CarliSle, Pennsylvania 17013
Telephone: (717) 240-6200
NOTICIA
Len han demando a usted en la corte. Si usted quiere
defenderse de estas demandas expuestas en las paginas siguientes,
usted tiene viente (20) dias de plazo al partir de la fecha de la
demanda y la notificacion. Usted debe presentar una apariencia
escrita 0 en persona 0 por obogado y archivar en la corte en forma
escrita sus defensas 0 sus objeciones alas demandas en contra de
su persona. Sea avisado que si usted no se defiende, la corte
tomara medidas y puede entrara una orden contra usted sin previo
aviso 0 notificacion y por cualquiere queja 0 alivio que es pedido
Date ~~ ~~ ~i
By
F. R. Martsol uire
Am 5859
Bruce F. Bratton, Esquire
Attorney 1.0. No. 23949
2515 North Front Street
P. O. Box 12106
Harrisburg, PA 17108-2106
(717) 236-4241
, ,
en la peticion de demanda. Usted puede perder dinero 0 sus
propiedades 0 ostros derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE
ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO,
VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION
SE ENCUENTRA ESCRITA ABAJO PARA AVERGUAR DON DE SE PUEDE CONSEGUIR
ASISTENCIA LEGAL.
. Court Administrator
CUMBERLAND COUNTY COURTHOUSE
4th Floor
Carlisle, Pennsylvania 17013
Telephone: (7l7) 240-6200
MARTS0LF
Date .~h~~~
By
Attorneys for Plaintiffs
EMLEN C. HEIDELBAUGH, JR. and
MARIANNE HEIDELBAUGH,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION
NO. 3 I ~
- LAW
C /1Cf'/
CHAMBERLIN & SONS, INC.,
Defendant
COMPLAINT
Count I - Breach of Contract
1. Plaintiffs are Emlen C. Heidelbaugh, Jr. and Marianne
Heidelbaugh, adult individuals, sui juris, husband and wife,
residing at 16 Westwind Drive, Lemoyne, Cumberland County,
Pennsylvania.
2. Defendant is Chamberlin & Sons, Inc., a Pennsylvania
corporation, with its principal place of business at 311 Skyport
Road, Mechanicsburg, Cumberland County, Pennsylvania.
3. On or about December 31, 1991, Plaintiffs and Defendant
entered into a Building Contract for the construction of a dwelling
home in which the Plaintiffs now reside. A true and correct copy
of the Building Contract is attached hereto, marked as Exhibit "A"
and incorporated herein by reference.
4. Defendant completed construction of the home on or about
June 11, 1992.
5. After Plaintiffs took possession of the property,
Plaintiffs noted defects in the construction and/or material
incorporated by the Defendant in the construction of the home.
.
6. Defendant breached its obligation to construct the home
in a good and workmanlike manner free from defects, which said
defects and breaches include, but are not necessarily limited to,
the following:
(a) Failure to properly support columns in the
crawlspace area resulting in settlement of such columns
and resulting damages throughout the home, which said
damages include cracks in the limestone countertop in the
kitchen, cracks and separations in the granite top in the
living room, cracks in ceramic tiles in the guest
bathroom, cracks in ceramic tiles in the second-floor
bathroom, and cracks and unevenness in tile flooring in
the dining room, butler's pantry, kitchen and landing
area to the second floor;
(b) Improper installation of carpeting;
(c) Improper caulking of countertops and showers
in all bathrooms;
(d) Misalignment and improper hanging of interior
doors;
(e) Improperly installed or defective thresholds
at door between hallway and garage;
(f) Defects in dryvi t at patio door of master
bedroom;
(g) Improper installation of outside corners of
drywall resulting in shrinkage and cracking;
2
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t..,
(h) Improper corner tile installation on second-
floor balcony;
(i) Defects and improper installation of paving of
driveway;
(j) Cracking in dryvit at underside of canopy;
(k) Defective or improperly installed bomanite at
the front step;
(1) Improper construction of bomanite patios on
ground level;
(m) Improper design and construction of first-
floor joist system allowing spans in excess of ten (10)
feet and, in some circumstances, in excess of fourteen
(14) feet;
(n) Improper grading of soil and sealing of
basement walls;
(0) Improper installation of flashing around
chimney; and
(p) Cracked mirrors in the hallway.
7. Plaintiffs notified Defendant of problems with the home
and with Defendant's construction thereof by written notice of
December 8, 1992.
8. Despite repeated demands for Defendant to correct, remedy
and repair the defects in workmanship, material or design as
hereinabove alleged, Defendant has failed and refused and continues
3
to fail and refuBe to make any and all neceBBary repairB,
correctionB or remedieB.
9. AB a reBult of Defendant' B breach of itB contractual
obligationB under the Building Contract and the warrantieB
contained therein, PlaintiffB have been adviBed and therefore aver
that the COBtB of repairB to the Btructure and repairB to related
damageB aB a reBult of Bettlement at the Btructure, and repairB for
other defectB in workmanBhip or material, will cOBt $111,919.00.
WHEREFORE, PlaintiffB demand judgment in their favor and
againBt Defendant in the amount of $111,919.00, together with cOBtB
of Buit, intereBt and reaBonable attorneYB' feeB if available under
applicable PennBylvania law.
Count II - Neoliaence
10. The allegationB of ParagraphB 1 through 9 above are
hereby incorporated herein by reference.
11. The damageB to PlaintiffB' home aB hereinabove alleged
are the direct and proximate result of the careleBBneBs and
negligence of the Defendant, acting through itB agentB, BervantB,
workmen and employees, in failing to properly design and/or
conBtruct the Plaintiffs' home in accordance with accepted
standardB in the industry and in a good and workmanlike faBhion.
WHEREFORE, Plaintiffs demand judgment in their favor and
againBt Defendant in the amount of $111,919.00, together with COBts
4
of suit, interest and reasonable attorneys' fees if available under
applicable Pennsylvania law.
Respectfully submitted,
Date
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By
MARTS0LF
Date ,;.( ~t 'If
By
Bruce F. Bratton, Esquire
Attorney 1.0. No. 23949
2515 North Front Street
P. O. Box 12106
Harrisburg, PA 17108-2106
(717) 236-4241
Attorneys for Plaintiffs
5
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BurLDrNO CONTRACT
~(Q)[j2J'if J
THIS BUILDING CONTRACT, made this 31 th day o~
December , 1991 " by and between CHAMBERLIN & SONS,
INC., a corporation, hereinafter referred to as "Contractor"l
AND
EmIen Cresse lIeidelbauQh & Milrianne HeidelbilllQh
of 4279 Nilntuket Dr.. Mechani'csbllrQ. FA 170S'i ,
whether singular or plural, hereinafter referred to as "PurChaser."
NOW, THEREFORE, in consideration of the mutual covenants and
agreements hereinafter provided, the parties hereto agree as
follows:
SCOPE OF WORK
1. Contractor agrees to furnish and supply all the material,
labor, equipment, scaffolding, implements, tools and services
necessary for the construction and erection of a dwelling house
upon the premises known as: Lot H20, Westwind Dr.
White Oaks Subdivision, Lemovne, PA
,
hereinafter referred to as the "project" or the "project site,"
in accordance with certain plans and specifications dated
29th, October 1991 , copies of which shall be initialled for
identification by the parties hereto at the time ot execution
hereof, which plans and specifications shall thencdforth be
incorporated herein and made a part hereof by reference thereto.
All material delivered by Contractor to the project site for
use in the construction of said dwelling house shall remain the
property of Contractor until it has actually been used for such
purpose, and any materials not so used may be removed by Contractor
upon completion of the work or upon termination of this Building
Contract.
TIME OF COMPLETION
\.
2. The work to be performed under this Building contr~ct
shall be commenced by Contractor within In days from the
date hereof and shall be SUbstantially completed on or before
.1l1ng 1 1 aq? ,at least to the point where Purchaser shall
be able to'occupy the same at that time, except that in the event
of delay reasonably caused by fire, cyclone, wind storm,
unavailability of materials, non-delivery of materials, unusual
delay in the transportation of materials, abnormal weather","
conditions, SUb-contractors' delay or delay caused by Purchaser's
failure to make payment under this Building Contract or to ..
perform or complete any work which is not the responsibility of
Contractor, or any other cause beyond the control of Contractor,
the aforesaid time of completion shall be extended for a periOd
of time equal to such delay. TIME SHALL NOT BE OF THE ESSENCE OF
TIME OF COMPLETION. .
~t l: ~ llAf)
CONTRACT PRICE
J. Purchaser shall pay to Contractor, for the materials,
labor and services performed or supplied by Contractor hereunder,
the sum of $ 408.200.00 , which sum may hereafter be
increased or decreased in accordance with Paragraphs 5 and 9,
hereinbelow.
4. The contract price shall be paid as follows: the sum of
$ 4.000.00 upon execution and delivery of this
Agreement; and the balance of the contract price, together with
any adjustments thereto as provided in Paragraphs 5 and 9, shall
be payable as follows:_.
$ 40,000.00 - On or before January 7th, 1991.
$ 20,000.00 - Deck and Foundation completed.
$ 80,000.00 - Under Roof and Windows set in place.
$ 40,000.00 - Rough in Plumbing, Heating and Electrical.
$224,200.00 - Dwelling completed for occupancy.
CHANGE IN PLANS AND SPECIFICATIONS
.
.
5. The work under this Building Contract shatl be performed
in accordance with the plans and specifications hereinabove
described and no changes or alterations in such work, nor any
extra work, shall be made or performed except upon written change
order signed by both Contractor and Purchaser,
LICENSES AND PERMITS
6. Contractor shall, at its own cost and expense, obtain
and pay for all licenses, permits, certificates required for the
completion of the work under this Building Contract. Delay
caused by refusal of the municipality to issue a building p,rmit
or by the revocation of a building permit after
its issuance shall be deemed a "cause beyond the control of.
Contractor" within the meaning of Paragraph 2, above.
INSURANCES
7. Contractor shall provide Workmen's Compensation
insurance covering its employees, if any, and such appropriate
public liability insurance as shall cover the following
contingenCies:
(a) Personal injury or death suffered by anyone other
-2-
- -,',:.:_.,
than ~~ployees, and
(b) Claims for damaqes to real or personal propu~ty
which may arise both out of and durinq pert,,':mance
of the work under this Buildinq Contract, whuther
such operations'be by themselves or by any sub-
contractor or anyone directly or indirectly
employed by either of them.
B. Owner shall purchase and maintain all-risk and liability
insurance policies upon the pre~ises, the buildinq and the work,
to tho full insurable value thereof and in an amount sufficient
to rebuild in accordance with the plans and specifications in the
event of damage to or destruction of the said property, which
insurance shall include the interest of Owner, Contractor and
Lender. The policies shall be payable to Owner, Contractor and
Lender as their respective interests may appear.
ALLOWANCES
9. The contract price includes allowances in the followinq
amounts for the followinq items;
t
r
,
.
.
.
.
SEE ATTACHED ADDENDUM
Contract price does not include allowances for toe fo~lowinq
items provided by Purchaser;
Hardware
Front Entry System
Ceramic Tile
Kitchen Counter Granite
Bartop and Fireplace Limestone
OK$3,500.00 ~g.r.~
$2,500.00 6'--/00.00
$9,000~00 - WIN10'l~.o;"
$2,000.00 - ~;l'-B!.'ff
$2,000.00 \
l? ,0 Of).
-3-
WARRANTIES
10. Contractor warrants to Purchaser that all material used
in the project will be new unless otherwise specified.
Contractor shall have the right to make aubatitutiona of
materials shown on the plans And specifications, provided that
the substituted materials shall be of like or better quality as
the original materials.
11. Contractor shall assign and transfer to Purchaser such
warranties as are provided by t~e manufacturer of any materials,
appliances or other goods used in the project; OTHERWISE, ALL
SUCH MATERIALS, APPLIANCES OR OTHER GOODS ARE SOLD TO PURCHASER
"AS IS" AND CONTRACTOR, FOR ITSELF, DOES NOT IN ANY WAY WARRANT
THE MERCHANTABILITY OF SUCH MATERIALS, APPLIANCES OR OTHER GooDS-'
OR THAT THEY ARE FIT FOR ANY PARTICULAR PURPOSE.
12. Because Contractor has not selected the building site
or the particular type or style of dwelling to be erected
thereon, CONTRACTOR MAKES NO DETERMINATION, REPRESENTATION OR
WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SUITABILITY
OF THE PROJECT SITE FOR BUILDING OR ITS FITNESS FOR THE DWELLING
HOUSE DESCRIBED IN THE PLANS AND SPECIFICATIONS.
13. Contractor warrants to ,Purchaser that all work will be
performed in a good and workmanlike manner.
14. In the case of any defects in work or materials not
conforming to the foregoing warranties, CONTRACTOR~S LIABILITY IS
EXPRESSLY LIMITED TO THE CORRECTION OR REPLACEMENT.OF THE
DEFECTIVE WORK OR MATERIALS OR, IN THE EVENT OF CRACKS OR CHIPS
TO CONCRETE OR MASONRY FLOORS OR WALLS, TO REASONABLY PATCH SAID
CRACKS OR CHIPS, PROVIDED THAT PURCHASER NOTIFIES CONTRACTOR IN
WRITING OF ANY SUCH DEFECT WITHIN ONE (1) YEAR AFTER FINAL
SETTLEMENT HEREIN.
15. CONTRACTOR EXPRESSLY DISCLAIMS ANY WARRANTY, GUARANTEE
OR REPRESENTATION, EXPRESS OR IMPLIED, WITH RESPECT TO THE
FOLLOWING:
(a) If a well is the source of water suppl~for the
project, Contractor will drill the well, install
the pump and test the supply for a reasonable
period of time. contractor does not test or
chemically analyze the water for quality or
fitness for human consumption. CONTRACTOR MAKES
NO WARRANTY, GUARANTEE OR REPRESENTATION
WHATSOEVER AS TO QUANTITY OR QUALITY OF WATER
OBTAINED FROM THE WELL.
(b) Concrete and masonry floors and walls will Chip
and crack and lumber will shrink and twist, all
due to factors beyond Contractor's control.
-4-
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(c)
(d)
LIENS
16. An
to
CONTRACTOR EXPRESSLY DISCLAIMS ALL LIABILITY FOR
SUClI RESULTS, except as provided in ParagrAph 13,
above.
Settlement of the earth around the foundation
walls is a natural consequence of the excavation
for the foundation walls. CONTRACTOR EXPRESSLY
DISCLAIMS ALL LIABILITY FOR SUCH SETTLEMENT,
except as provided in Para~raph 13, above.
Radon gas levele are determined by many factors
beyond the control of Contractor and cannot be
accurately measured or determined before
construction. CONTRACTOR MAKES NO WARRANTY,
GUARANTEE OR REPRESENTATION WHATSOEVER THAT THE
COMPLETED DWELLING WILL BE FREE OF RADON GAS OR
WITHIN ACCEPTED LEVELS OF RADON GAS EXPOSURE AND
EXPRESSLY DISCLAIMS ALL LIABILITY FOR RADON GAS
CONTAMINATION. If Purchaser desires to employ
radon reduction methods other than as shown on the
plans and specifications, the same shall be at
Purchaser's expense as a change under Paragraph 5,
above.
Executed Release of Mechanics' Lien will
Purchaser at time of Final Settlement.
.
.
.
be provided
CESSATION OF WORK
17. If the Owner fails to make a payment to Contractor as
provided in Paragraph 4 through no fault of contractor, the
Contractor may cease work and may, upon seven (7) days' written
notice to Owner, terminate the contract and recover from the
Owner payment for all work completed and for any proven loss
sustained upon any materials, equipment, tools, and construction
equipment and machinery including reasonable prOfit. This shall
be in addition to any other rights or remedies at law or in
equity to which Contractor may be entitled.
,
OTHER
-.
18. Final Settlement on this Building Contract shall occur
within five (5) days after completion of the project by
contractor, time being of the essence of this agreement, at which
time Purchaser shall pay the balance ot the contract price to
Contractor and Contractor shall deliver possession of a completed
dwelling house to Purchaser.
-5-
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the result of this transaction or agreement shall be shared
equally by Contractor and Purchaser.
19. Purchaser shall not move into or occupy the eaid
dwelling house without the written consent of Contractor unless
and until the full contract price, with any adjustments thereto,
has been paid to Contractor.
20. This Building Contract contains the entire
understanding of the parties and THERE ARE NO AGREEMENTS,
UNDERSTANDINGS, REPRESENTATIONS, WARRANTIES, COVENANTS OR
UNDERTAKINGS, EXPRESS OR IMPLIED, NOT EXPRESSLY SET FORTH HEREIN.
IN WITNESS WHEREOF, the parties have hereunto set their
hands and seals the day and year first above written, intending
thereby to legally bind themselves, their heirs, executors,
administrators, successors and assigns.
CHAMBERLIN & SONS, INC.
BY'~({Zf.ct~.
President
ATTEST:
.
.
Jo/;yjl.~~'
secretary
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Purchaser
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(SEAL)
(SEAL)
Purchaser
(SEAL)
Purchaser
(SEAL)
-6-
ALLOWANCES:
ADDENDUM
'p~"J ;t
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Wrought Iron Railing and Gates
$ 1,000.00
C6,700.~ ~g1I,sr,
OK~$ 6,000.00 ~ i
$32,500:00 ~r,ooo)
.... $ 2,500.00 ,/72JiOOI'
!:1..Ji9. .0 ,.
-Appliances $ 6,900.00 ~
Vanity Tops - installation -1t ti< $ 1,500.00
Shower Doors and Glass Enclosures. $ 2,400.00'
Three Ceramic Showers - installation .41 Ot.( $ 3,100.00 /61.1'6'.60
'Il ,'8o?J;'
"V" 61( $ 825.00
.11 ~'^ $10,125.00
~
Plumbing Fixtures
_ Light Fixtures
Kitchen Cabinets - Vanities, Built-ins
1"'1/..". /1..11.,)
w~11._.1
Kitchen and Bar Tops - installat on
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Two Tub Platforms - installation
~,
yCeramic Floors - installation
Two Porch Floors - installation
_Carpet
....
Driveway
Security, Sound, Central Vac.
irrors - Glass Shelves'
.OK$
$
1,200.00
5,000.00
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B '10,Db
-'$ 6,000.00 n'lf,J"o
$ 7,500.00 ~1P1JQ.GD
$ 3,000.00
-..s 3,500.00 :r67J'oo:.
fJk.. 5,400. 00 ~OO.O/)
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1000 sq. ft. Exterior Concrete
Building Permit
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VERIFICATION
I verify that the statements made in the attached Complaint
are true and correct, partially upon personal knowledge and
partially upon my belief; to the extent language in the attached
Complaint is that of my attorneys, I have relied upon my attorneys
in making this Verification. I understand that false statements
herein are made subject to the penalties of 18 Pa. C.S. Section
4904 relating to unsworn
Date
'/ig'~'I
falsification to authorities.
~~r-Y\ C ~
Emlen C. Heidelbaugh
.'
VERIFICATION
I verify that the statements made in the attached Complaint
are true and correct, partially upon personal knowledge and
partially upon my belief; to the extent language in the attached
Complaint is that of my attorneys, I have relied upon my attorneys
in making this Verification. 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.
~"'-c"'\\L ft,~_. ~. c\.~CJ~.,.~
Marianne Heid€lbaugh
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SIlEIHFF'S RE'I'lJRN
<XN-lONWEt\L11l OF PENNSYLVANIA.
COlJIIr1'Y OF Cl.t-1BERLAND
In The Court of Common Pleas of
Cumberland County, Pennsylvania
No. 316 Civil Term 1994
Complaint in Civil Action Law
and Notice
Emlen C. Heidelbaugh, Jr. and
Marianne Heidelbaugh
VS
Chamberlin & Sons, Inc.
Timothy Reitz
, ~lUSiC,,*Xtfeputy Sheriff of
Cunberland County, Pennsylvania. who being duly sworn according to law, says,
that he served the within Complaint in Civil Action Law and Notice
upon Chamberlin & Sons, Inc.
. the defendant, at 2:01
o'clock
P.M. EST I Un on the
31
day of January
. 19 94at
~ll Skyport Road, Mechanicsburg
. Cumberland County,
Pennsylvania. by handing to Mary Jo Chamberlin, adul t in charge
a true and attested copy of theComplaint in Civil Action Law and Notice ,
and at the same tUne directing
her
attention to the contents thereof and
the "Notice to Plead" endorsed thereon.
Sheriff's Costs.
Docketing
Service
Affidavit
Surcharge
14.00
6.16
2.00
22.16 Pd. by Atty.
2-01-94
So answers:
r;q:,:::.,;.~,< 4/~
I
: Th:;- :::;;t~
Deputy Sheriff
Sworn find subscribed to before Ire
this i E-
day of JJJLU'" '!-
19 '1'( A.D.
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Prothonotary
EMLEN C. HEIDELBAUGH, JR. . IN THE COURT OF COMMON PLEAS OF
.
and MARIANNE HEIDELBAUGH, . CUMBERLAND COUNTY, PENNSYLVANIA
.
Plaintiffs I
.
.
vs. : CIVIL ACTION - LAW
.
.
CHAMBERLIN & SONS, INC., .
.
Defendant . NO. 316 CIVIL 1994
.
PRABCrPB POR BNTRY OP APPBARANCB
TO THE PROTHONOTARY:
Please enter my appearance for and on behalf of CHAMBERLIN
& SONS, INC., the Defendant in the above-captioned action,
reserving all rights to plead.
Date: February 18, 1994
~M/d./ ~O~
Marlin R. McCaleb
Attorney I.D. No. 06353
219 East Main Street
Mechanicsburg, Pennsylvania 17055
(717) 691-7770
FAX: (717) 691-7772
Attorney for Defendant
lAW 01111 I'.
MAItUN" MII-A'!:ft
.,
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CBRTI.ICATB O. SBRVICB
I hereby certify that a true and correct copy of the within
Praecipe for Entry of Appearance was served upon the Plaintiffs
herein, or their attorney, on February
, 1994, by
depositing same in the mail at the united states Post Office at
Mechanicsburg, Pennsylvania, postage prepaid, properly
addressed as follows:
F. R. Martsolf, Esquire
Martsolf & Bratton
2515 North Front street
Harrisburg, Pennsylvania 17108-2106
(Attorney for Plaintiffs)
ike4?4(1&~-
Marlin R. McCaleb
lAW 011111',
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lAW 11111. I',
f~:".."~""'P".'.-i<:..;'..,;.,.,,:.._........
EHLEN C. HEIDELBAUGH, JR.
and MARIANNE HEIDELBAUGH,
plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
CHAMBERLIN & SONS, INC.,
Defendant
NO. 316 CIVIL 1994
ANSWER
COUNT I - BREACH OP CONTRACT
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Denied as stated. Plaintiffs did complain to Defendant
about certain problems but those problems did not involve
defective construction or materials.
6. Specifically denied that Defendant breached its
obligations under the Building Contract. Defendant constructed
the home in a good and workmanlike manner as required by the
contract, in compliance with the Township Building Code and in
accordance with accepted standards in the industry.
(a) Defendant did not fail to properly support
columns. Defendant constructed and installed ample support
around and under the columns in accordance with the plans
provided by Plaintiffs and with accepted standards in the
industry. Settlement resulted under the columns because of
a condition of Plaintiffs' land that was unknown to
Defendant and for which Defendant was not responsible.
(b) Specifically denied that the carpet was
improperly installed. The carpet, which Plaintiffs
provided, was installed as best it could be under the
circumstances. This carpet was of commercial grade,
intended to be glued directly to the floor and not to be
installed over padding as Plaintiffs insisted. Plaintiffs
were warned that it should not be installed over padding.
(c) The countertops and showers were properly
caulked. Defendant used the caulk recommended by the
manufacturer and provided by the supplier.
(d) - (f) After reasonable investigation, Defendant
is without knowledge or information sufficient to form a
belief as to the truth of the averments in Paragraph 6(d),
(e) and (f).
(g) The outside corners of the drywall were not
improperly installed. Shrinkage and cracking resulted from
the settlement described in Paragraph 6(a), above, and from
the lack of humidity in the dwelling.
(h) - (0) After reasonable investigation, Defendant
is without knowledge or information sufficient to form a
belief as to the truth of the averments in Paragraphs 6(h),
(i), (j), (k), (1), (m), (n) and (0).
(p) It is admitted that the hallway mirrors were
cracked as the result of the settlement described in
lAW 1111111',
MAlU,IN If Ml(-^IT:U
Paragraph 6(a), above.
-2-
7. Admitted as to the notice dated December S, 1992, but
said notice did not inform Defendant of the alleged defects
described in Paragraph 6(b) through 6(p), above.
S. Denied. Immediately upon receiving the written notice
dated December S, 1992, Defendant began an investigation to
determine the cause of the settlement and engaged the services
of a consulting engineer, who inspected the site. Defendant
acted upon the recommendations of said engineer and corrected
the settlement problem by retrofitting, which closed the
cracks, and Defendant then repaired the cracks by drywall tape,
plaster and/or repainting. Defendant ordered replacement
mirrors for the hallway and was ready and willing to install
the replacements and to make other repairs until Plaintiffs
prevented Defendant from doing so.
9. Specifically denied that Defendant breached its
contractual obligations or any warranties under the Building
contract, for the reasons set forth in Paragraphs 6 and S,
above, the averments of which are incorporated herein and made
a part hereof by reference thereto. After reasonable
investigation Defendant is without knowledge or information
sufficient to form a belief as to the truth of the averment
that the cost of repair is $111,919.00.
WHEREFORE, Defendant demands judgment in its favor and
against the Plaintiffs herein and that the Complaint be
dismissed.
I^WIlIIIt ",
-3-
f.":"1",."''''''~'r',,-
COUNT II - NBGLIGBNCB
10. The averments of Paragraphs 1 through 9, inclusive,
above, are incorporated herein and made a part hereof by
reference thereto.
11. Defendant specifically denies that it, its agents,
servants, workmen or employees, were careless or negligent in
the construction of Plaintiffs' home, for the reasons set forth
in Paragraphs 6 and 8, above, the averments of which are
incorporated herein and made a part hereof by reference.
Specifically denied that Defendant failed to properly design
Plaintiffs' home. Defendant did not design the home, but
instead relied upon plans that were provided by Plaintiffs.
WHEREFORE, Defendant demands judgment in its favor and
against the Plaintiffs herein and that the Complaint be
dismissed.
Date: March 17 , 1994
/lw2dcri~
Marlin R. McCaleb
Attorney I.D. No. 06353
219 East Main Street
Mechanicsburg, Pennsylvania 17055
(717) 691-7770
FAX: (717) 691-7772
Attorney for Defendant
IA'NOIIIl",
M^fi!.IN It MI ("^I tit
-4-
lAW 011111',
M^HI.IN If Mtl'^II.n
..-"
COMMONWEALTH OF PENNSYLVANIA )
: SSe
COUNTY OF CUMBERLAND )
EDDIE G. CHAMBERLIN being duly sworn according to law,
deposes and says: that he is the President of Chamberlin &
Sons, Inc. , a corporation and the Defendant in the foregoing
Answer: that as such President he is authorized to and does
execute this affidavit for and on behalf of said Defendant: and
that the facts set forth therein are true and correct to the
best of his knowledge, information and belief.
t./t'LuJ f4.at"'~ dd",'
Eddie . Chamberlin
Sworn to and subscribed before me
this I 10-1-(... day of March, 1994.
6~. - :-A. L~AJ-.O~
Notary Public ~
. ,:),..,,:..1 Sa..-J
sU':"'~.n I:' G..o~t~.;;, NGtar/Plt1lic
MochJi ocr:"-g !lJ:u. CIIT'.bcI1and C<ulIy
MyComm:ss"",ExpirosJuly 19.1997
Mombet', yMlna 01 NolaI1es
'.
,,....."'.'.
CERTIFICATE OP SERVICE
I hereby certify that a true and correct copy of the within
Answer was served upon the Plaintiffs herein, or their
attorney, on March Iii'
, 1994, by depositing same in the
mail at the united states Post Office at Mechanicsburg,
Pennsylvania, postage prepaid, properly addressed as follows:
Bruce F. Bratton, Esquire
Martsolf & Bratton
2515 North Front street
P.O. Box 12106
Harrisburg, Pennsylvania 17108-2106
(Attorney for Plaintiffs)
tfU;K~~~
Marlin R. McCaleb
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