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HomeMy WebLinkAbout02-3482VITO IANNUZZI and SUZANNE IANNUZZI, husband and wife, Plaintiffs ELDON J. MARTIN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002- .~ </~'.z- CIVIL TERM CIVIL ACTION-LAW 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 an 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 VITO IANNUZZl and SUZANNE IANNUZZI, husband and wife, Plaintiffs ELDON J. MARTIN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002- ~ ¥ ? ~- CIVIL TERM CIVIL ACTION-LAW COMPLAINT AND NOW, come the Plaintiffs, Vito and Suzanne lannuzzi, husband and wife, by and through their attorneys, O'BRIEN, BARIC & SCHERER, and respectfully represents as follows: 1. Plaintiffs are Vito and Suzanne lannuzzi, adult individuals who reside at 552 Crossroad School Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Eldon J. Martin, and adult individual with a mailing address of 8467 Rowe Run Road, Chambersburg, Franklin County, Pennsylvania 17201. 3. In April, 1999, the Plaintiffs and the Defendant entered into a contract to build a residential dwelling. Attached hereto and incorporated herein is the written contract between the Plaintiffs and the Defendant. 4. The Defendant completed a portion of the work under the contract but has failed to complete other portions of the project for the amount contracted for. 5. Additionally, portions of the project which were done by the Defendant were done improperly and in an negligent manner. 6. Due to the contractor's failure to locate the lot lines, a portion of the Plaintiffs' driveway access to their home was placed over the neighboring property. The estimated cost for correcting this problem, which includes subdividing and pumhasing the land from the neighbor will cost approximately $7,000.00. 7. Due to the negligence or the Defendants failure to complete items under the contract, claim is made for the following damages: Basement: remove and replace 48 sf. of ceiling tile Dining Room: paint 270 sf. of ceiling with two (2) coats of paint Recreation Room: paint 357 sf. of ceiling with two (2) coats of paint Hall: paint 180 sf. of ceiling with two (2) coats of paint Kitchen: prime 248 sf. of ceiling with one (1) coat of paint paint 728 sf. of ceiling with two (2) coats of paint provide service technician for the cook top and lights Master Bedroom: clean and deodorize 312 sf. of carpet lay 35 sy. of carpet (labor only) remove and reset contents remove and replace 3 sy. of carpet pad Master Bathroom: minimal drywall repair minimal plumbing repair remove and replace 10 sf. of R11 insulation detach and reset baseboard detach and reset 5 if. of vanity detach and reset one (1) sink paint 72 sf. of walls with one (1) coat of paint paint 224 sf. of walls with two (2) coats of paint clean and sanitize 85 sf. of floor remove and replace 10 sf. of R30 insulation Kitchen: labor to install one (1) wooden range hood Bathroom: supply and install one (1) bidet faucet with rittings Exterior: supply and install seven (7) window screens paint two (2) French double doom with two (2) coats of paint paint two (2) exterior doom with two (2) coats of paint remove and replace one (1) weather stripping on one (1) door Garage: paint three (3) doors with two (2) coats of paint, including trim and jamb install 108 sf. of 3 1/4" baseboard paint one (1) wooden window with one (1) coat of paint paint 108 sf. of baseboard with two (2) coats of paint WHEREFORE, the Plaintiffs request judgment against the Defendant in an amount within the compulsory arbitration limits and such other relief as is just and equitable. Respectfully submitted, O'BRIEN, BARIC & SCHERER Robert L. O'Brien, Esquire I.D. # 28351 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 rlo.dirlclientsliannuzzl/complaint.pld The statements in the foregoing Complaint are based upon information which has been assembled by our attorney in this litigation. The language of the statements is not our own. We have read the statements; and to the extent that they are based upon information which we have given to our counsel, they are true and correct to the best of our knowledge, information and belief. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsifications to authorities. DATE: Vito lannuzzi Eldon Martin Builder 8467 Rowe Run Rd Chambersburg, Pa 17201 Vito and Suzanne Iannuzzi Carlise Pa Ph 258-0333 Specifications A. Foundation 1. Footers 8" x 18" 5 - bag mix concrete a. all footers will be dug below frost line b. 4" footer drain c. 3" radon pipe 2. Basement walls I0" concrete blocks a. 12 courses except under family room will be 14 courses b. walls will be waterproofed with one coat of foundation coating c. garage and porch foundation will be 3 courses of 8" blocks B. Concrete 1. All concrete floors will be 4" thick over stone base 2. Slabs will be saw cut to allow for expansion C. Framing 1. Beam 8 x 18 steel I beam 2. Posts 3" 3. Floor joist 2 x 10 set 16" O.C. 4. Studding - Ext walls 2 x 6 set 24" 0.C. Interior 2 x 4 set 16" O.C. 5. Roof System a. pitch 5/12 b. Overhangs 12" c. Manufactured roof trusses set 24" O.C. 6. Sheeting a. Exterior walls 7/16 OSB b. Floor 3/4" T&G OSB c. Roof 7/16 OSB with clips D. Exterior finish 1. Windows Andersen white tilt with grids and screens a. sizes and style as per plan 2. Doors Steel insulated a. front door allowance $~50.00 3. First floor and exposed basement brick Page 1 Specifications Outside finish cont. a. brick allowance 300.00 per thousand 4. Vinyl siding onthe rest of house 5. Vinyl soffit with alum facial 6. Seamless alum gutter 7. Porch post 5" wood turned post 8. Vinyl paneled shutters on front of house 9. Roof shingles 25yr dimensional over 15 lb. felt 10 Ridge vent E. Insulation 1. Exterior walls R - 19 2. Basement ceiling R - 19 3. Attic R-38 F. Interior walls 1. walls and ceilings 1/2" drywall 2. Casing 2-1/4 white pine 3. Base 3-1/4" white pine oak 4. Stairs will have oak treads and risers with oak railing ~5. Walls 2 coats flat paint 6. Doors and trim 2 coats semi-gloss paint 7 Flooring allowance ~soo.oo a. tile allowance $~ooo.o~ 8. Kitchen cabinets oak raised panel with~ormica tops) 9. Shelving closet maid wire or equal ~ -- 4~ a. one shelf and rod in clothes closets b. three shelves in linen closets G. Plumbing 1. Copper supply lines 2. Pvc waste lines 3.80 gal. hot water heater 4. Moen single lever faucets 5. Tub and shower AG6088 by Aqua glass 6. Whirl pool signa by Jaccuzzi 6' x 42"~. 7. Shower 48" 8. Fixtures by Kohler 9. Stainless steel sink 10. Owner supply Bidet contractor will install 11. Well and pump allowance $4ooo.oo 12. Septic allowance ~iooo.oo 13. Washer and dryer hookups 14.2 outside faucets Page 2 Specifications H. Electrical 1. 200 amp service 2. Rec to code 3.6 phone outlets 4. 6 tv outlets 5. fan and light in each bathroom 6. Smoke detectors 7. Wiring for all appliances 8.4 outside rec 9. Light fixture allowance $2ooo.oo 10 Door chime I. Heat and air 1. Heat pump 2 units 2. Wood burning fireplace in family room J. Allowance for driveway ssoo0.oo K. Sidewalk from side garage door to back garage door and connecting decks L. Excavation is included except if blasting is needed these costs will be extra and paid by the owner )~. hauling of fill on or offthe site will also be extra M./~l~awn seeding is not included in this price Total price $186,000.00 Submitted by: Eldon J Martin April 06, 1999 Page 3 Agreement Between Contractor and Owner This agreement, made on &nra 6.199~ by and between ~ herein called the contractor, and ~ hereinat~er call the owners 1. The contractor agrees to provide all materials as specified, and to perform all the labor shown on the Working drawings and described in the Specifications for the erection of a house on Crossroads School Rd, Carlisle, Pa for: Vito and Suzanne Iannuzzi 106 Meals Dr, Carlisle Pa 1701:} 2. All Materials are to be guaranteed to be as specified, and the above work to be performed in accordance with the drawing and specifications submitted for the above work and completed in a workman like manner. 3. The contractor agrees that the work under this contract shall be completed by 120 days after start Not counting days weather prohibits working. 4. The owners shall pay the Contractor for the performance of the contract, subject to additions and deductions provided therein the sum of: $186.000.00 Payments will be made as following: 1. When foundation walls are completed 2. When roof is on and windows and doors are in stalled 3. When mechanical roughin's are completed 4. When drywall is completed 5. When house is complete $30,000.00 $46,750.00 $45,750.00 $46,750.00 $16,750.00 5. The contractor will provide Workmans Compensation and Liability Insurance. The homeowner is responsibile for a Homeowners Insurance. Ally changes to the contract that effects the price will be agreed upon before the work is done, with signatures of bothe parties. Adjustments (monies owed, or credits due to owners from unused allowances) will be made at time of fnal settlement. Contractor: Eldon J Martin Owners: Vito Iannuzzi IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VITO IANNUZZI and SUZANNE IANNUZZI, husband and wife, Plaintiffs, ]i ELDON J. MARTIN, Defendant Civil Action - Law No. 2002-3482 Civil Teim NOTICE TO PLEAD To' Vito Iannuzzi and Suzanne Iarmuzzi c/o O'Brien, Baric & Scherer 17 West South Street Carlisle, PA 17013 YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED NEW MATTER AND COUNTERCLAIM WITHIN TWENTY (20) DAYS FROM THE SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. By: ?cDowe St -p¢ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VITO IANNUZZI and SUZANNE IANNUZZI, husband and wife, Plaintiffs, Vo ELDON J. MARTIN, Defendant Civil Action - Law No. 2002-3482 Civil Term ANSWER, NEW MATTER AND COUNTERCLAIM NOW COMES the defendant Eldon J. Martin, by and through his attorneys, Sharpe, Gabler & Sharpe, and files the following answer with new matter and counterclaim as follows: 1. The averments of paragraph 1 of the complaint are admitted. 2. The averments of paragraph 2 of the complaint are admitted. 3. The averments of paragraph 3 of the complaint are denied as stated. The Iannuzzis never signed the contract as depicted by the exhibit. Martin built the house of the Iannuzzis substantially on those terms and according to the specifications set out therein. For the reasons set forth in new matter, Iannuzzis breached the agreement. 4. The averments of paragraph 4 of the complaint are specifically denied. Martin completed the house on or before March 9, 2000. The only thing remaining to be done were certain punch list items and some warranty work by the subcontractor plumber. Iannuzzis took possession and moved in, and Martin sent the final invoice. Final payment has not been made as required under the contract and as set forth in new matter. 5. The averments of paragraph 5 constitute incorrect conclusions of law to which no response is required. To the extent a response is required the averment is specifically denied. To contrary, all of Martin's work was done in a good and workmanlike manner according to specification. Iannuzzis did make a warranty claim against the subcontractor plumber based upon an alleged leak as set forth in new matter. 6. The averment of paragraph 6 is denied. Martin did locate the lot lines prior to the start of construction by having the owner point out his lot lines. Because the lot was large enough, Martin relied on Mr. Iannuzzi's information, but he showed Martin incorrect boundaries because of an irregularity in the lot. Martin is without information as to the costs involved in purchasing land from the neighbor, but disclaims liability therefore. By way of further answer, the contract price of the driveway was $5,000 and it could be relocated at less expense. The averments of paragraph 7 are denied. Martin completed all of the work on the on the house, except as follows: a. Iannuzzis are entitled to a credit for installation of the range hood; b. Iannuzzis are entitled to a credit for the seven (7) window screens supplied and installed; c. Iannuzzis are entitled to credit for the painting of two French double doors and two exterior doors; d. Iannuzzis are entitled to credit for the painting of one door, one window sash, as well as installation and painting of baseboard in the garage; and e. As to any and all other work, Martin finished it all or it was an extra under the contract, as Martin did not finish the basement and the bidet was an extra under the contract as set forth in new matter. It is denied that the work was done negligently or other than in a good and workmanlike fashion. After investigation, Martin is without knowledge as to any of the other allegations as the means of proof are in the control of Iannuzzis. Strict proof is demanded. NEW MATTER 8. On or before March 9, 2000, Iannuzzis took possession of the house and made the final draw payment to Martin. 9. At the time Iannuzzis took possession the house was complete except for the punch list items set out in paragraph 7 above. Specifically, all of the ceilings and walls were painted, carpets installed, insulation installed, and vanities installed. 10. The addition of bidets and fixtures was an extra under the contract. 11. Thereafter, on March 9, 2000, Martin presented Iannuzzis with an invoice for the net adjustments due Martin for extras, overages on allowances, and unspent allowances as well as the remaining sum due from Iannuzzi on the down payment. A true and correct !' copy of the Invoice is attached hereto and incorporated herein by reference. 12. Iannuzzis made one payment of $2,000.00 against this invoice on or about April 10, 2000. 13. At some time after completion, and after Iannuzzis took possession, they complained to Martin about an alleged leak in a second floor bathroom. 14. Martin returned to the house, and brought a plumber, to investigate for the Iannuzzis. 15. Martin opened up the kitchen ceiling, but he and the plumber were unable to find any problem in the plumbing system. 16. The ceiling was left open so if the problem reoccurred, further investigation could occur. The Iannuzzis were to call Martin if the situation re-occurred. Iannuzzis never called Martin regarding this situation again; they also never paid him for the balance of the extras. 18. Iannuzzis never made any subsequent complaint or demand for warranty work on Martin for any matter. 19. Iannuzzis non-payment excuses Martin from further warranty work or claims regarding the plumbing. 20. On information and belief, Martin avers that the work alleged to be required in paragraph 7 of the complaint is the result of further work related to the second floor bathroom or relate to extras not specified in the parties' contract. 21. Iannuzzis never made any further claim for warranty work to Martin or any demand on him. 22. Even if the work was required to be done, Iannuzzis' failure to contact Martin excuses him from the cost of warranty work to which he had no notice. 23. The contract contained no provision for Martin to locate the lot lines prior to construction. 24. Mr. Iannuzzi walked the boundaries of the property with Martin and showed Martin his boundaries. 25. The placement of the driveway on adjoining land and any cost associated therewith is the responsibility of Iannuzzis and not Martin. 26. The claims of Iannuzzis are barred in whole or in part by the statute of limitations. 27. The claims of Iannuzzis are barred in whole or in part by the doctrine of estoppel. 28. The claims of Iannuzzis are barred in whole or in part by the doctrine of laches. COUNTERCLAIM 29. The contract provides that certain allowances will ne provided for certain features of the house with the Iannuzzis paying if the cost exceeds the allowance or receive a credit if the cost is less than the allowance. 30. The contract also contemplates that certain changes from the specifications or drawings that affect the price may occur during construction. 31. The adjustments made pursuant to paragraph 29 and 30 above were to be paid at the time of final settlement. 29. After Iannuzzis took possession of the house and construction was substantially complete, except as set forth in paragraph 7 above, Martin invoiced Iannuzzis as set forth in paragraph 11 above, which hereby is incorporated herein by reference. 30. Despite making one payment against the invoice, there is unpaid the sum of $10,082.96. 31. This invoice was due and payable as of final settlement which was not later than April 10, 2000. WHEREFORE, Counterclaim Plaintiff, Eldon J. Martin, demands judgment in his favor and against Counterclaim Defendants Vito Iannuzzi and Suzanne Iannuzzi, his wife, in the amount of $10,082.96, together with interest thereon from April 10, 2000, and costs of suit. By owell ~hal~e ~ttomey for Eldon J. Iv rtin t~57 Lincoln Way East Chambersburg, PA 17201 (717) 263-8447 Sup. Ct. I.D. No. 37505 ELDON MARTIN - BUILDER 8467 Rowe Run. Rd, Chambersburg, Pa 17201 - Ph: 532-8408 - Fax 532-8223 · " INVOICE PRICE TOTAL DUE 12,082.96 orr ~SC~FnON EACH TOTAL tnvo/cenumber !029 ~ ........ 1014 slate 68.00 272;00 9 10/13 slate ~8.00 612.0( * * * Sand mound AIk)wanse 6000.00 ~ TO Actual because of ro~$ 9914.05 3914.05 ~"~ V~ ~annuz~ r~ inatallation {325 P~ 8~i.~ ; ~ity, Stero ~ 1 3teen Shower 150.00 150.00 ......... ~ ............. ~_~_n_~_~. [ ..~. ~ ~ .o_~. ~ oo__r~ ~oo.oo 50o.oo ~ash owed 700005 Eldon Maran - Builder I hereby verify that the statements made in this instrument 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 perjury contained in 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Eldon J. Martill/ "*"- CERTIFICATE OF SERVICE I hereby certify that this 27th day of September, 2002, I have served a copy of the foregoing instrument upon the following person by forwarding the same by first class, United States mail, postage pre-paid, addressed as follows: Robert L. O'Brien, Esq. O'Brien, Baric & Scherer 17 West South Street Carlisle, PA 17013 SHERIFF'S RETURN - CASE NO: 2002-03482 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND IANNUZZI VITO ET AL VS MARTIN ELDON J OUT OF COUNTY R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: MARTIN ELDON J but was unable to locate Him in his bailiwick. deputized the sheriff of FRANKLIN County, serve the within COMPLAINT & NOTICE He therefore Pennsylvania, to On September 13th , 2002 attached return from FRANKLIN Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Franklin Co 40.70 .00 77.70 09/13/2002 OBRIEN BARIC SCHERER Sworn and subscribed to before me day of ~ this ~0~ A.D. / / Prothonotar~ this office was in receipt of the R( Thomas Kline Sheriff of Cumberland County SHERIFF'S RETURN - CASE NO: 2002-00108 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF FRANKLIN VITO IANNUZZI ET AL VS ELDON J. MARTIN REGULAR ROBERT WOLLYUNG , Sheriff of FPJ~NKLIN County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT was served upon ELDON J. MARTIN the DEFENDANT at 0008:30 Hour, on the 6th day of August at FRANKLIN COUNTY SHERIFF OFFICE 157 LINCOLN WAY EAST , 2002 CHAMBERSBURG, PA 17201 ELDON J. MARTIN a true and attested copy of COMPLAINT by handing to together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 9.00 Service 9.00 Affidavit 4.00 Surcharge 10.00 Mileage 8.70 40.70 Sworn and Subscribed to before me th~_~ da~ of A.D. / ~tary By Deputy Sheriff 08/16/2002 O'BRIEN BARIC & SCHERER i Notarial Seat Patric,a A Strirm Notary Public I _C. hambersh.r~j ,~-,, ~ranklin County [N~/Cnmm;qsion ~., 3s Nov. 4, 2C04 In The Court of Common Pleas of Cumberland County, Pennsylvania Vito Iannuzzi et al VS. Eldon J. M~rtin SERVE: Eldon J. Martin No. 02 3482 civil Now, July 25, 2002 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Franklin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Now, within Affidavit of Service ~20 ,at o'clock M. served the upon by handing to a and made known to copy of the original So answers, the contents thereof. Sworn and subscribed before me this __ day of ,20 Sheriff of County, PA COSTS SERVICE MILEAGE AFFIDAVIT VITO IANNUZZI and SUZANNE IANNUZZI, husband and wife, Plaintiffs VS. ELDON J. MARTIN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002 - 3482 CIVIL TERM CIVIL ACTION-LAW REPLY TO NEW MATTER AND NOW, come the Plaintiffs, Vito and Suzanne lannuzzi, husband and wife, by and through their attorneys, O'BRIEN, BARIC & SCHERER, and respectfully represents as follows: 8. Admitted. 9. It is denied that the only items to be completed were those listed by the Defendant. The plaintiffs incorporate the averments of their complaint herein. 10. It is admitted that the bidet was an extra to be supplied by the owner. It was supplied by the owner, although it was not installed by the Defendant. 11. The Plaintiffs paid the Defendant an extra $10,000.00 in cash at the start of the project to cover the extra work being done on the property. It is denied that the balance due on the invoice is correct in that when the Plaintiffs were given credit for the initial $10,000.00 payment and the $2,000.00 paid on presentation of the invoice, the Defendant was paid in full. 12. The Plaintiffs incorporate the response of paragraph 11 herein. 13. Admitted. 14. Three or more months after notifying the Defendant of the leak, the Defendant came to inspect with a plumber. Thereafter, the leaking continued and the Plaintiffs made repeated calls to the Defendant who refused to return to the house stating that he had lost money on the contract and would do no further work. In addition to requesting correction of the plumbing leaks, the Plaintiffs requested that the Defendant correct the other matters and complete the items as set forth in the Complaint and incorporated here. Finally, the Plaintiffs requested that the Defendant complete the driveway which had an allowance of $5,000.00 in their contract. 15. The Plaintiffs incorporate their response in paragraph 14 herein. 16. The Plaintiffs incorporate their response in paragraph 14 hereIn. 17. The Plaintiffs incorporate their response in paragraph 14 here~n. 18. The Plaintiffs incorporate their response in paragraph 14 here~n. 19. The Plaintiffs incorporate their response in paragraph 14 hereto. 20. The Plaintiffs incorporate their response in paragraph 14 here~n. 21. The Plaintiffs incorporate their response in paragraph 14 here~n. 22. The Plaintiffs incorporate their response in paragraph 14 herein. 23. The location of the lot lines was part of the Defendant's warranty as general contractor.Prior to the project beginning, the Defen~dant was given copies of the subdivision and full access to the property to locate the lot lines. The Defendant selected the location of the access to the area of the lot where the home was being built and had his subcontractor place the slate in the area. ^fter the Plaintiffs had made arrangements to have the area blacktopped, they learned from other neighbors that Mr. Martin had been told by the neighbors that the driveway was not correctly located. The Defendant ignored this information and never reported to the Plaintiffs that he had been informed that his locating of the driveway was incorrect. 24. It is denied that the Plaintiffs walked the boundaries with the Defendant. The Plaintiffs did show the Defendant where they wished their home to be located. 25. The Plaintiffs incorporate their responses in paragraphs 14, 23 and 24 herein. 26. 27. 28. 29. The averment states a conclusion of law to ,which no response is required. The averment states a conclusion of law to which no response is required. The averment states a conclusion of law to which no response is required. ANSWER TO COUNTERCLAIM The construction of the home was substantially complete. The Plaintiffs incorporate their response in paragraphs 11 and 14. 30. The Plaintiffs incorporate their response in paragraph 11. 31. The adjustments could have been prior to or at the time of final settlement, the Plaintiffs paid the entire amount on the contract. 32. Incorrectly numbered as 29, the Plaintiff.,; incorporate the averments of their Complaint, their Reply to New Matter, as well as their answers to the prior paragraphs of the counterclaim. 33. Incorrectly numbered as paragraph 30, the Plaintiffs aver that they paid an additional $10,000.00 on the contract in cash upon the parties entering the agreement. 34. Incorrectly numbered as 31, the Plaintiffs aver that they paid the full price under their contract to the Defendant. The Plaintiffs further aver that the reason that Mr. Martin did not pursue this alleged underpayment of $10,082.96 until the Plaintiffs filed suit is because he knew he had received payment in full under the contemplated contract and had no reason to bring an action against the Plaintiffs for the alleged $10,082.96 balance. Months passed from the alleged due date of this balance with no further invoices, nor any further contacts from the Defendant to the Plaintiffs. The Plaintiffs finally, 28 months after the alleged invoice, had recourse to file this action against the Defendent because of defects in the construction and workmanship on the project. WHEREFORE, the Plaintiffs respectfully request that the Court find judgment in favor of the Plaintiffs and against the Defendant on his counterclaim. Respectfully submitted, O'BRIEN, BARIC & SCHERER Robert L. O'Brien, Esquire I.D. # 28351 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 VERIFICATION The statements in the foregoing Complaint are based upon information which has been assembled by our attorney in this litigation. The language of the statements is not our own. We have read the statements; and to the extent that they are based upon information which we have given to our counsel, they are true and correct to the best of our knowledge, information and belief. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsifications to authorities. DATE: Vito lannuzzi Suzanne lannuzzi