HomeMy WebLinkAbout94-04620
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ROLLAND C. EBY, SR., and
AUDRIE EBY, Husband and Wife, :
Plaintiffs
.
.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
.
.
.
.
vs.
: 94 - 4620
CIVIL TERM
:
H & M MOBILE HOME REMODELERS, :
INC.,
.
.
Defendant
.
.
PRAECIPE TO REINSTATE COMPLAINT
TO THE PROTHONOTARY:
Kindly reinstate the above-captioned Complaint which has yet
to be served on the Defendant.
Respectfully submitted,
~~~~~
R. Mark Thomas, Esquire
54 E. Main Street
Mechanicsburg, PA 17055
(717) 697-4650
I.D.' 41301
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: 94 - %ZO
CIVIL TERM
ROLLAND C. EBY, SR., and
AUDRIE EBY, Husband and Wife,
plaintiffs
.
.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
.
.
.
.
H & M MOBILE HOME REMODELERS, :
INC.,
.
.
Defendant
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend
against the claims set forth in the following pages, you must take
action within twenty (20) days after this complaint and notice are
served, by entering a written appearance personally or by attorney
and filing in writing with the court your defenses or objections to
the claims set forth against you. You are warned that if you fail
to do so the case may proceed without you and a judgment may be
entered against you by the court without further notice for any
money claimed in the complaint or for any other claim or relief
requested by the plaintiff. You may lose money or property or
other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
COURT ADMINISTRATOR
CUMBERLAND COUNTY COURTHOUSE
4 th FLOOR
CARLISLE, PENNSYLVANIA 17013
TELEPHONE: (717)-240-6200
ROLLAND C. EBY, SR., and
AUDRIE EBY, Husband and Wife,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
.
.
.
.
CIVIL TERM
vs.
94 -
H , M MOBILE HOME REMODELERS,
INC.,
Defendant
COMPLAINT
AND NOW, this 12th day of August, 1994, comes the Plaintiffs,
ROLLAND C. EBY, SR. and AUDRIE EBY, who file this Complaint,
whereof the following is a statement:
1. Plaintiffs, ROLLAND C. EBY, SR. and AUDRIE EBY, are
husband and wife who reside at 167 Simmons Road, Mechanicsburg,
Cumberland County, Pennsylvania 17055.
2. Defendant, H , M MOBILE HOME REMODELERS, INC., is a
corporation organized and existing under the laws of Pennsylvania
with its principal place of business at 131 Old York Road, New
Cumberland, York County, Pennsylvania 17070.
3. Defendant is in the business of Mobile Home remodeling
and repair.
4. On or about September 18, 1992, Plaintiffs and Defendant
entered into a contract wherein Defendant agreed to install a
Rainbow Roof System on Plaintiffs' mobile home at 167 Simmons Road,
Mechanicsburg, PA for costs of $5,500.00. A copy of said contract
is attached hereto, marked Exhibit "A", and incorporated by
reference herein.
5. Pursuant to the oral and written promises and
representations mentioned above, Plaintiffs entered into a contract
and permitted Defendant to commence installation of the Rainbow
Systems roof.
6. Plaintiffs have made full and proper payment for the roof
installation.
7. Despite Defendant's promises, the Rainbow Roof system was
installed improperly and the Plaintiff's have incurred additional
damage to their property due to this improper installation.
8. Defendant breached this contract by failing to properly
install and complete the roof installation in a proper and
workmanlike fashion.
9. As a result of the improper installation of the roof
system, the roof contains the following defects:
a. The roof was not properly fastened to the mobile
home, but instead the Defendant used ordinary metal screws without
rubber washers and without caulking when the contract called for
the use of brass screws and nylon washers. The metal screws have
rusted and have allowed water to seep through and leak into the
interior of the mobile home;
b. As a result of the leaks through the metal screws
and other leaks, the insulation called for under the contract has
become completely saturated with water and the mobile home is
therefore not properly insulated;
c. There are several leaks from the new roof into the
interior of the mobile home as a result of the defective methods
used by the Defendant in installing the roof;
d. There is an inward bow in the roof which was not
present prior to the installation of the roof by the Defendant and
which was caused by the Defendant and his agents and/or employees
durinq the installation of the new roof; and
e. Pursuant to the terms of the Agreement there was to
be a 6" overhang at the edge of the roof, but the Defendant only
installed a 4" overhang.
10. As a result of the improper installation of the Rainbow
Roof System, Plaintiffs have suffered additional damage to their
mobile home through leaks which have occurred in various locations
of the roof and said leaks would not have occurred but for
Defendant's failure to properly install the roof in a workmanlike
fashion. These damages include:
a. Ceiling tiles in dining room and kitchen have become
warped due to water seepage;
b. Kitchen cabinets have been water stained; and
c. The plywood roof underneath the insulation needs to
be replaced.
11. Defendant breached his contract with Plaintiffs by
failing to complete roof installation in a workmanlike fashion and
with workmanship quality.
l2. The cost to remove the roof, repair the damage, and
install a new roof is $9,620.00.
l3. The written contract between the Plaintiffs and Defendant
was executed and created at the Plaintiffs' residence in Cumberland
County.
l4. The contract was to be performed, and, in fact, the
defective performance did occur at the Plaintiffs' residence in
Cumberland County.
l5. The breach of this contract occurred at the situs of the
work which is also located at the Plaintiffs' residence in
il
~~JJk~
R. Mark Thomas, Esquire
54 E. Main street
Mechanicsburg, PA 17055
(717) 697-4650
I.D.# 4130l
Cumberland County.
WHEREFORE, Plaintiffs request judgment in their favor and
against the Defendant in an amount not to exceed $10,000.00, plus
costs and interest as the law may allow.
Respectfully submitted,
t.l!l,
,
ROLLAND C. EBY, SR., and
AUDRIE EBY, Husband and wife,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
CIVIL TERM
vs.
H & M Mobile Home Remodelers,
Inc. ,
Defendant
VERIFICATION
I verify that the statements made in this Complaint are true
and correct. I understand that false statements herein are made
subject to the penalties of 18 Pa. C.S. S4904, relating to unsworn
falsification to authorities.
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AUDRIE EBY ./
Date:
?-1-f/";
,
I;
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I,
CERTIFICATE OF SERVICE
I hereby certify that I am this day serving a copy of the
foregoing document upon the person and in the manner indicated
below, which service satisfies the requirements of the Pennsylvania
Rules of civil Procedure, by depositing a copy of same in the
United states mail, Mechanicsburg, Pennsylvania, first-class,
postage prepaid, as follows:
.
R. Mark Thomas, Esquire
54 E. Main street
Mechanicsburg, PA l7055
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Dated:
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H & M MOBILE HOME SERVICE INC.
PO. BOK 163
NEW CUMllERLAND, f'A 17070
Jon PitON.
Jon ,."..r/lOCATlON
(717) 266.5014 or 1.800.927.5014
10 C . [J Y
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DESCRIPTION AMOUNT
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SHERIFF'S RETURN
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
In the Court of Common Pleas of
Cumberland countr' Pennsylvnaia
No. 94-4620 civi Term
Complaint in Civil Action Law
and Notice
Rolland C. Eby, Sr. and
Audrie Eby, husband and wife
VS
H & M Mobile Home Remodlers, Inc.
R. THOMAS KLINE, Sheriff, who being duly sworn according to law,
says, that he made diligent search and inquiry for the within named
defendant, to wit:
H & M Mobile Home Remodlers, INc.
but was unable to locate
them
in his bailiwick. He therefore
deputized the sheriff of York County, Pennsylvania.
Complaint in Civil Action Law and Notice
to serve the within
On
October 5. 1994
. this office was in receipt of
the attached return from
York
County. Pennsylvania.
Sheriff's Costs:
Docketing
Out of County
Surcharge
York County
14.00
5.00
2.00
37.48
58.48 pd. by
to before me
So answers:
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t. THOMAS KLINE. Sheriff
atty 10-5-94
$
Sworn and subscribed
this
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day of CV zr..t....,
19
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C~~If.A-- Q, n'U-il,_,
Prothonotary
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.In 'The Court ci C.:mmO:1 Ple=:s or C:.Jr;:::::ilcoi:nd c-=u:-;~'Y, Panr:syl'lc::ni::
Rolland & Audrie Eb~
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H & M Mobile Home Remodelers, Inc.'
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!g 94
o'dca p'
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Complaint & Notice
~paa
H & M Mobile Home Remodelers, INC.
~t 5640 Susquehanna Trail, Manchester, York County, PA
by ::u:cl!:1;:o Howard Welker , President
1 true and attested
C":py ct =: o::;'~"' COI;plaint. & notice
md -",':.. Cown:o him
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heriff DOnald Bickel
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Kenneth L. Mdrkel
5wcr: :me! r.:bsc:-.:b:d be:cre
COSTS
S~:VIC:;:
~aw:.AGZ
.3 14.00
21.48
2.00
Qctober
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NO'TARII\L SEAL
.--WAU/S W, RUINE. f/0l.1ty P"~Ik:
York, Yolt< Coun~/, Ponn.ylv.n",
My ConvnIsslon Ellpl,.. ",..rth ~~. 10'l~
'"'----.
Notary
J 37,48
VB.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
94-4620 CIVIL TERM
ROLLAND C. EBY, SR. and
AUDRIE EBY, husband and wife,
Plaintiffs
H & M MOBILE HOME REMODELERS,
INC.,
Defendant
PRAECIPE
TO THE PROTHONOTARY:
Please enter our appearance on behalf of the Defendant,
H & M MOBILE HOME REMODELERS, INC., in the within matter.
To LAWRENCE E. WELKER, Prothonotary
Date: October /'/ . 1994
LANDIS, BLACK & SCHORPP
BY:-~~~~'
Edward L. schorpp, Es .
Attorney for Defendant
36 South Hanover Street
Carlisle, PA 17013
(717) 243-3727
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ROLLAND C. EBY, SR., and
AUDRIE EBY, Husband and Wife,
plaintiffs
~~M~~~~~~R~O~~T~~M~~~ll~~~t;'N~~
vs.
94 -
402-0
CIVIL TERM
H & M MOBILE HOME REMODELERS,
INC. ,
Defendant
ANSWER
# 1. Agreed
#2 Disagreed, Address is 5640 Susq Trail Manchester Pa.17345.
#3. Agreed
#4.Agreed
#5.Agreed
#6. Agreed.
#7. Disagreed. Rooe Was Installed Properly.
#8. Disagreed. Defendant Completed The Contract in aworkmanship &
Correct Manner.
#9. Disagree, There are No Defects in The Roof Defendaht Installed.
#,9 A Disagree. Defendant used the proper materail supplyed by
the Manufacture.
There is no way water can run in threw
Pan screws rusted or otherwise.
9B. Disagree. Insulation value is not decreased bu water & the
Sterofome Insulation does not saturate in water.
9C. Disagree NO defective materials were used, in installing the roof
9D Disagree
The inward bow is the result of Bowed Rafters
under the New roof & was There Befor The roof was app1yed,
9E. Disagreed. Plaintiff Told us to trim over hang back,
Because There home was out of square & they wanted it to
look right.
ROLLAND C. EBY, SR., and
AUDRIE EBY Husband and Wife,
, plaintiffs
IN 'l'IW COUll'!' 01' COMHOll PI.BAS OF
CUH13Eltl,f\lllJ COlJI1'1''{, PlmllS'{ lNANIA
vs.
94 -
Lf ~ 2. 0
CIVIL TERM
H & M MOBILE HOME REMODELERS,
INC. ,
Defendant
Answor Page 2
# 1 O. Disagreed , Defendant did not do any improper Instu1ation.
#10 A -B-C- This has not boon Beon by Dofondant & can not
be agreed or dis agreod.
H 11 Disagree work waB dono properly, & Hainbow Roof Over
was installed just like the othor , 247 Huinbow, roof overs
The defendant has installod for other home ownors.
& The contract was not 13reuched.
12. Disagree
In our Estimate thin in to high & is not QKX
Fault , Of Defendant, But tho fault of old damaged rafters & the
added Problem of last winters TremondoB
Woight of Ice & Snow
on the Other Rafters, & Not The Fuluro or' Fa1t of The
Rainbow roof over
Not 'rho inatulution by the Defendant.
#13. Agreed.
#14 Disagree Thoro was No Defoct.
H15. Disagroo Thoro waB NO Brouch of the Contract.
Hcspoctfu11y Submitted
(. ~[iL.'I{llltt!f/;;'L';
,
Howard Welker President
/I&M Mobile Home Remod1ers Inc.
5640 Susq Tr Manchester Pa. 17345.
717 266-5014.
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CERTIFIC~TE OF BERVIC~
I hereby certify that I am this day serving a copy of the
foregoing document upon the person and in the manner indicated
beloW, which service satisfies the requirements of the pennsylvania
Rules of civil procedure, by depositing a copy of same in the
united states mail, Manchester.
postage prepaid, as follows:
pennsylvania, first-class,
J)~1 f+~-6~ ~l- ,;2 Cj- ~l Y
// d /
Vuu,,~jrd:, /dt;-L~.
Howard welker
H&M Mobile Home Remod1ers
5640 Susq Trail Inc.
Manchester Pa. 1,7345.
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ROLLAND C. EDY, SR., and
AUDRIE EBY, /lus band and I~i fe,
. Plaintiff
IN THE COURT OF COMMCN PLEAS OF
CUMBERLAND COUNTY, PENNS~LVANIA
vs.
NO.
CIVIL TERM
Ii & N Nobile Home Remodelers,
Inc, ,
Defendant
.
.
VERIFICATION
I Verify that the statements made in this Complaint are true
and correct. I understand that false statements he!:~in are made
subject to the penalties of 18 Pa. C.S. ~4904, relating to unsworn
falsification to authorities.
/V:Mt~f /c.>e4G
Howard Welker H&M Mobile Home
Remod1ers Inc.
(1 - ,;) (-1- r' y
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LANDIS, BLACK & SCHORPP
ROLLAND C. EBY, SR., and . IN THE COURT OF COMMON PLEAS
.
AUDRIE EBY, : OF CUMBERLAND COUNTY,
Husband and Wife, PENNSYLVANIA
plaintiffs .
.
vs. . 94-4620 CIVIL TERM
.
.
.
H & M MOBILE HOME .
.
REHODELERS, INC. , .
.
Defendant .
.
NOTICB TO PLEAD
TO: Rolland C. Eby, Sr. and Audrie Eby, husband and wife,
plaintiffs.
YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED
HEW HATTER
WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF, OR A
DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU.
Date: /tJ01K41d~ /~ /~/
,
BY~~/~
Edward L. Schorpp, Esquire
36 South Hanover Street
Carlisle, PA 17013
(717) 243-3727
ROLLAND C. EBY, SR., and . IN THE COURT OF COMMON PLEAS
.
AUDRIE EBY, . OF CUMBERLAND COUNTY,
.
Husband and Wife, . PENNSYLVANIA
.
Plaintiffs .
.
.
.
vs. . 94-4620 CIVIL TERM
.
.
.
H & M MOBILE HOME .
.
REMODELERS, INC. , .
.
Defendant .
.
MBNDED AHSWBR WITH IIBW HATTER
AND NOW COMES the Defendant, by and through its attorneys,
Landis, Black & Schorpp, who answer the complaint as follows:
1. Admitted.
2. Admitted in part and denied in part. Defendant's
proper name is H & M Mobile Home Service, Inc. and its address is
5640 Susquehanna Trail, Manchester, pennsylvania 17345.
3. Admitted.
4. Admitted.
5. Denied. The document attached to Plaintiffs complaint
as Exhibit "A" constitutes the entire contract between the
parties, excepting as modified as hereinafter alleged.
6. Admitted.
7. Denied. It is denied that the Rainbow Roof system was
installed improperly and it is further denied that Defendant's
work has in any way caused additional damage to plaintiffs'
property. On the contrary, the roof system was installed in a
good and workmanlike manner according to the contract and
according to industry standards.
8. Denied. It is denied that Defendant in any manner
breached the contract. By way of further answer, Defendant
installed the roof in a proper, good and workmanlike manner and
in accordance with the contract and industry standards.
9. Denied. It is denied that the roof system was
installed in an improper manner. It is further denied that the
roof contains any defects. By way of further answer, Defendant
avers as follows:
A. Denied. The roof was properly fastened to
the mobile home using pan screws supplied by the roof
manufacturer, which installation method is proper.
Additionally, whether or not the metal screws have
rusted is not pertinent to water seepage into the
interior of the home. The fastening method utilized
will not allow water to seep through and leak into the
home;
B. It is denied that the mobile home is not
properly insulated as it was insulated with styrofoam
insulation. This type of insulation does not lose its
effectiveness if it gets wet; by way of further answer,
it is denied that the roof system leaks through any
fault of Defendant;
C. It is denied that Defendant used defective
installation methods or that any roof leakage is a
result of Defendant's work;
D. It is denied that the inward bow in the roof
did not exist prior to installation of the roof system;
on the contrary, the inward bow was present before the
roof system was installed and this bow is a result of
damaged or defective roof rafters;
E. It is denied that Defendant was required to
provide a six inch overhang; on the contrary, the
parties agreed to adjust the overhang aesthetically
because the home was out-of-square.
lO. Denied. As is set forth here inabove, it is denied
that Defendant improperly installed the roof system or that
Plaintiffs have suffered any damages as a result of Defendant's
work. It is further denied that the installation of the roof
system has caused any leakage into the home. Defendant properly
installed the roof system in a good and workmanlike manner. By
way of further answer, Defendant avers as follows:
A. It is denied that Defendant's installation of
the roof system has caused any water seepage which
resulted in warped ceiling tiles;
B. It is denied that Defendant's installation of
the roof caused any water leakage which could have
stained Plaintiffs kitchen cabinets;
c. It is denied that Defendant's installation of
the roof system caused any damage to the plywood sub-
roof.
11. Denied. This averment is a conclusion of law requiring
no answer herein.
12. Denied. After reasonable investigation Defendant is
without knowledge or information sufficient to form a belief as
to the truth of this averment. It is specifically denied that
the roof installation caused any damage whatsoever.
r,,- ."'" ,l'f"Z-:; I
13. Admitted.
14. Admitted in part and denied in part. It is admitted
that the contract was to be performed at plaintitts residence in
CUmberland County. It is denied that Detendant's pertormance
under the contract was in any manner defective.
15. Denied. It is denied that Defendant breached the
contract in any manner whatsoever. Defendant agrees to have
venue in Cumberland County.
HBW MATTER
16. Any damage to Plaintiffs home and any water leakage
resulting from such damage is a direct and sole result of the
weight of ice and snow on the pre-existing damaged or defective
roof rafters. Any leakage into the interior of said home is due
solely to this cause and is due in no manner whatsoever to any
alleged breach of contract by Defendant.
WHEREFORE, Defendant demands that Plaintiffs complaint be
dismissed.
Respectfully submitted,
~~<~
Edward L. Schorp , Es ire
Landis, Black & schorpp
36 South Hanover street
Carlisle, PA 17013
717 - 243-3727
I.D.# 17495
'.
ROLLAND C. EBY, SR., and
AUDRIE EBY,
Husband and wife,
Plaintiffs
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
vs.
94-4620 CIVIL TERM
H & M MOBILE HOME
REHODELERS, INC.,
Defendant
.
.
.
.
.
VERIFICATION
I verify that the answers and statements contained
herein are true and correct. I understand that false statements
herein are made subject to the penalties of 18 Pa.C.S.A. 54904,
relating to unsworn falsification to
~
Dated:
/l-r-crLf
I
ward Welker, President
& H Mobile Service, Inc.
I'
-
.
ROLLAND C. EBY, SR., and
AUDRIE EBY,
Husband and Wife,
plaintiffs
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
vs.
94-4620 CIVIL TERM
H & M MOBILE HOME
REHODELERS, INC.,
Defendant
CERTIPICATE OF SERVICE
I hereby certify that a copy of the foregoing document,
AMENDED ANSWER WITH HEW HATTER
was served this date by depositing same in the Post Office at
carlisle, Pennsylvania, first-class mail, postage prepaid,
addressed as follows:
R. Mark Thomas, Esquire
54 East Main street
Mechanicsburg, PA 17055
LANDIS, BLACK & SCHORPP
BY:~~~~r'-
Edward L. Schorpp, E quire
Dated: /U:'~~it? Af /979'
.-
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ROLLAND C. EBY, SR. and
AUDRIE EBY, husband and wife,
Plaintiffs
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
vs.
94-4620 CIVIL TERM
H , M MOBILE HOME REMODELERS,
INC. ,
.
Defendant
STIPULATION OF COUNSEL
The undersigned, counsel for both plaintiffs and Defendant
in the within matter, hereby stipulate and agree that Defendant
may file an amended answer substantially in the form attached
hereto.
~~-
R. Mark homas, Esquire
Attorney for Plaintiffs
~~~
Attorney for Defendant
ROLLAND C. EBY, SR., and
AUDRIE EBY,
Husband and Wife,
Plaintiffs
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
. : PENNSYLVANIA
.
.
vs.
94-4620 CIVIL TERM
H & M MOBILE HOME
REMODELERS i INC.,
Defendant
NOTICE TO PLEAD
TO: Rolland C. Eby, Sr. an~ Audrie Eby, husband and wife,
Plaintiffs.
YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED
HEW HATTER
WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF, OR A
DEFAULT JUDGMENT HAY BE ENTERED AGAINST YOU.
LANDIS, BLACK & SCHORPP
Date:
By:
Edward L. Schorpp, Esquire
36 South Hanover street
Carlisle, PA 17013
(717) 243-3727
. .
"
ROLLAND C. EBY, SR., and
AUDRIE EBY,
Husband and Wife,
Plaintiffs
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
vs.
94-4620 CIVIL TERM
H & M MOBILE HOME
REMODELERS, INC.,
Defendant
AMENDED ANSWER WITH HEW HATTER
AND NOW COMES the Defendant, by and through its attorneys,
Landis, Black & Schorpp, who answer the complaint as follows:
1. Admitted.
2. Admitted in part and denied in part. Defendant's
proper name is H & M Mobile Home Service, Inc. and its address is
5640 Susquehanna Trail, Manchester, Pennsylvania 17345.
3. Admitted.
4. Admitted.
5. Denied. The document attached to Plaintiffs complaint
as Exhibit "A" constitutes the entire contract between the
parties, excepting as modified as hereinafter alleged.
6. Admitted.
7. Denied. It is denied that the Rainbow Roof System was
installed improperly and it is further denied that Defendant's
work has in any way caused additional damage to Plaintiffs'
property. On the contrary, the roof system was installed in a
good and workmanlike manner according to the contract and
according to industry standards.
8. Denied. It is denied that Defendant in any manner
breached the contract. By way of further answer, Defendant
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installed the roof in a proper, good and workmanlike manner and
in accordance with the contract and industry standards.
9. Denied. It is denied that the roof system was
installed in an improper manner. It is further denied that the
roof contains any defects. By way of further answer, Defendant
avers as follows:
A. Denied. The roof was properly fastened to
the mobile home using pan screws supplied by the roof
manufacturer, which installation method is proper.
Additionally, whether or not the metal screws have
rusted is not pertinent to water seepage into the
interior of the home. The fastening method utilized
will not allow water to seep through and leak into the
home;
B. It is denied that the mobile home is not
properly insulated as it was insulated with styrofoam
insulation. This type of insulation does not lose its
effectiveness if it gets wet; by way of further answer,
it is denied that the roof system leaks through any
fault of Defendant;
c. It is denied that Defendant used defective
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installation methods or that any roof leakage is a
result of Defendant's work;
D. It is denied that the inward bow in the roof
did not exist prior to installation of the roof system;
on the contrary, the inward bow was present before the
.
roof system was installed and this bow is a result of
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damaged or defective roof rafters:
E. It is denied that Defendant was required to
provide a six inch overhang: on the contrary, the
parties agreed to adjust the overhang aesthetically
because thG home was out-of-square.
10. Denied. As is set forth here inabove, it is denied
that Defendant improperly installed the roof system or that
Plaintiffs have suffered any damages as a result of Defendant's
work. It is further denied that the installation of the roof
system has caused any leakage into the home. Defendant properly
installed the roof system in a good and workmanlike manner. By
way of further answer, Defendant avers as follows:
A. It is denied that Defendant's installation of
the roof system has caused any water seepage which
resulted in warped ceiling tiles:
B. It is denied that Defendant's installation of
the roof caused any water leakage which could have
stained Plaintiffs kitchen cabinets:
c. It is denied that Defendant's installation of
the roof system caused any damayq to the plywood sub-
roof.
11. Denied. This averment is a conclusion of law requiring
no answer herein.
12. Denied. After reasonable investigation Defendant is
without knowledge or information sufficient to form a belief as
to the truth of this averment. It is specifically denied that
the roof installation caused any damage whatsoever.
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13. Admitted.
14. Admitted in part and denied in part. It is admitted
that the contract was to be performed at plaintiffs residence in
Cumberland county. It is denied that Defendant's performance
under the contract was in any manner defective.
15. Denied. It is denied that Defendant breached the
contract in any manner whatsoever. Defendant agrees to have
venue in Cumberland county.
NEW MATTER
16. Any damage to Plaintiffs home and any water leakage
resulting from such damage is a direct and sole result of the
weight of ice and snow on the pre-existing damaged or defective
roof rafters. Any leakage into the interior of said home is due
solely to this cause and is due in no manner whatsoever to any
alleged breach of contract by Defendant.
WHEREFORE, Defendant demands that Plaintiffs complaint be
dismissed.
Respectfully submitted,
Edward L. Schorpp, Esquire
Landis, Black & Schorpp
36 South Hanover street
Carlisle, PA 17013
717 - 243-3727
I.D. # 17495
;,
ROLLAND C. EBY, SR., and
AUDRIE EBY,
Husband and Wife,
plaintiffs
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
I' .___~.
.
.
vs.
94-4620 CIVIL TERM
H , M MOBILE HOME
REMODELERS, INC.,
Defendant
VERIFICATION
I verify that the answers and statements contained
herein are true and correct. I understand that false statements
herein are made subject to the penalties of l8 Pa.C.S.A. 54904,
relating to unsworn falsification to authorities.
Howard Welker, President
H , M Mobile service, Inc.
Dated:
ROLLAND C. EBY, SR., and
AUDRIE EBY,
Husband and wife,
plaintiffs
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
vs.
94-4620 CIVIL TERM
H & M MOBILE HOME
REMODELERS, INC.,
Defendant
CERTIPICATE OP SERVICE
I hereby certify that a copy of the foregoing document,
AMENDED ANSWER WITH NEW MATTER
was served this date by depositing same in the Post Office at
carlisle, Pennsylvania, first-class mail, postage prepaid,
addressed as follows:
R. Mark Thomas, Esquire
54 East Main Street
Mechanicsburg, PA 17055
LANDIS, BLACK & SCHORPP
By:
Edward L. Schorpp, Esquire
Dated:
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ROLLAND C. EBY, SR., and
AUDRIE EBY, Husband and Wife,
plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
.
.
vs.
94 - 4620
CIVIL TERM
H & M MOBILE HOME REMODELERS,
INC.,
Defendant
REPLY TO HBW MATTER
AND NOW comes the Plaintiffs, by and through their attorney,
R. Mark Thomas, Esquire, who file this reply to Defendant's New
Matter:
16. Denied. The damage to Plaintiffs' home was caused by the
defective installation of the roof by Defendant.
Much of the
damage and water leakage which resulted from the defective
installation of the roof occurred prior to any adverse weather
conditions such as would be caused by heavy ice and snow. It is
further denied that pre-existing roof rafters were either damaged
or defective at the time the Defendant installed the roof. In the
alternative, if there were any damaged or defective roof rafters
the contract called for the Defendant to make these repairs at the
time he installed the new roof.
WHEREFORE, Plaintiffs pray that this Honorable Court enter
judgment in favor of Plaintiffs and against Defendant in an amount
no to exceed $lO,OOO.OO, plus costs and interest as the law may
allow.
Respectfully submitted,
~~
R. Mark Thomas, Esquire
54 E. Main street
Mechanicsburg, PA l7055
(717) 697-4650
I.D.II 41301
t
"
ROLLAND C. EBY, SR., and
AUDRIE EBY, Husband and Wife,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
94 - 4620
CIVIL TERM
H & M MOBILE HOME REMODELERS,
INC.,
Defendant
VERIFICATION
We verify that the statements made in this Reply to New Matter
are true and correct. We understand that false statements herein
are made subject to the penalties of 18 Pa. C.S. 54904, relating to
unsworn falsification to authorities.
rff!!f'::1:., ~. t"~--k
tZ'~r~'
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Audrie Eby /
Date:
/f~~)QJj
,.
ROLLAND C. EBY, SR., and
AUDRIE EBY, Husband and Wife,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
94 - 4620
CIVIL TERM
H & M MOBILE HOME REMODELERS,
INC.,
Defendant
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing document, Reply
to New Matter, was served this date by depositing same in the Post
Office at Mechanicsburg, Pennsylvania, first-class mail, postage
prepaid, addressed as follows:
Edward L. Schorpp, Esquire
36 South Hanover Street
Carlisle, PA 17013
Date: /1/tX/:" ;J:?;.J99J
~J~
R. Mark Thomas, Esquire
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MURREL R. WALTERS, m
R. MARK moMAS
ATl'ORNEYS AT LAW
64 BAST MAIN lIT\UlBT
MECHANICSBUIUl, PA 17016 . _ :.,.p..'_'
(117)6J7M50 PAX(1I7)6J7"'" ,>, '1".zL:~;,r..,
, ~. .,'.,"i ",,,,,,,"""',..'\;,..,rlft.,,,.
vs.
94 - 4620
CIVIL TERM
""'W'-__
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ROLLAND C. EBY, SR., and
AUDRIE EBY, Husband and Wife,
PlaintiffEl
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
H , M MOBILE HOME REMODELERS,
INC.,
Defendant
PRAECIPE TO SETTLE. DrSCONTlHUE AND END
TO THE PROTHONOTARY:
Kindly mark the above-captioned case as settled, discontinued
and at end.
Respectfully submitted,
P4/fkML
R. Mark Thomas, Esquire
54 E. Main Street
Mechanicsburg, PA 17055
(717) 697-4650
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