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Home My WebLink About95-02421 ~ . ., '~.'. \ .. I i J'. \ . l .. ; - 0' :t. (6, u11 0- JACK IL 1,IWHAIUJ, .Ill. v. II IN 'l'lm COUIl'l' OF COMMON PLEAS OF I I CUMIIEIlLANlJ COUN'l'Y, PENNSYLVANIA II II II NO. 95-2421 CIVIL 1995 IUCIIAIUJ A. BEI,I, IiQIlJ)E OF ARDI'l'IUITION JIEARING YOU ARB JlEREDY NOTIFIED that the auove named arbitrators Ilppointed hy the COU1-t in the above captioned matter will meet for the puqlOoe of their appointment on November 9, 1995, at 1130 p.m. in the Hearing Room, Old Court lIouse, CarliSle, Pennsylvania, at which time you may appear and be heard, together with your witnessee and counsel, if you so desire. " .'rances II. lJel Duca, Chairman TOI Uarbara aumple-aullivan, Esq. Attorney for Plaintiff Hobert 1'. Kline, Esq. Atturney Cor Defendant William 0. llllnlels, Esq. ..,./ J~I;,;"'a''': llallY', Es'q. JlullelJn Jlolll'd l'/othunolalY'1i oC tice Jack E. Leonard, Jr., Plaintiff IN TIlE COURT OF COHMON PLIlAS OF CL1IBERL.UlD COUNTY, PENNSYLVANIA NO. 2421 CIVIL Term 1995 v. Richard A. Bell, Defendant RULE 1312-1. The Petition for Appointment of Arbitrators sholl be substant~ally in the following form: I'ETl':'!ON FOR APPOIllTllENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Barbara Sumple-Sullivan, Esquire . counsel for the plaintiff/ij~~~Ht in the above 1. 2. action NxxalllDolm) , respectfully represents that: The above-captioned action (lll[X3OtltIlIUl) is (~ .It issue. The claim of the plaintiff in the action is $ 9,311. 59 TIle counterclaim of the defendant in the action is The follOl/ing attorneys are interested in thO! wise d~squalified to sit as arbitrators: case(s) us counael or nre other- Robert P. Kline, Esquire Law Offices of Ron Turo, 32 So. Bedford st., Carlisle"PA 17013 , WHEREFORE, your petitioner prsys your Honorable Court to appoint arbitratora to whom the cone shall be aubmitted. . iL" l tllree (3) Respectfully submitted, Barbara Sumple-Sullivan, Esquire 549 Bridge St New Cumberland, PA 17070 I ORIJER or COURT ; / , I J) AND NOW, I 'I I I! I 19 in consideration at the ' . , ~I fonloing , }'I' II//!" / ( petition, / it.... ) J Ii. ,') , I Esq. , , I'; , . L ( J . i '/1 I , / Esq., and \. /"/11 i IJ \ ; / ,Eaq., are appointed arbitrators in the I above-captioned action (or action.) .. prayed for. ~J :'''lr . ( l (, I v P. J. l:H - ~ ~ . :r.: ". 0- ~ C',) = <--.I ,.. ~ \ ' ,) ........... \- - :;: - ci Z b < ,.. 3 ~ :Ja~ e I(l E ~ ~ ~ g z :E.ffi · iill il: :5 . c ~~~ ~ 15 ~ ~ m u ~ z "I -::----.-" ~ \'- " J..-.. r-- ..... "<, ~ r\) N ........ "'~ - ~ ,-(--- C'::..J ~ 'l that the parties had agreed that the work was to be performed on a time and material basis and proper substantiation for same existed. However, in order to expedite payment, the parties did agree that, if payment was promptly made by the Defendant, Plaintiff would accept the sum of $8,000.00. A copy of said initial agreement is attached hereto as Exhibit "A", In an attempt to meet the terms of the settlement, the Defendant then tendered to the Plaintiff a check in the amount of ONE THOUSAND THIRTY DOLLARS AND SEVENTEEN CENTS ($1,030.17). A copy of said check is set forth on Exhibit "a". However, said check was then returned for insufficient funds. Plaintiff again contacted the Defendant and he, while apologetic, indicated he could payoff the entire indebtedness immediately if the Plaintiff would accept the sum of SIX THOUSAND FORTY FOUR DOLLARS AND TWENTY TWO ($6,844.22). In order to expedite conclusion of the matter, Plaintiff agreed to the settlement. Defendant then tendered the check. A copy of said check is also set forth on Exhibit "B". That check was then returned to Plaintiff for insufficient funds. Therefore, Defendant has never lived up to the terms of any settlement that was reached by the agreements dated October 26, 1994 inasmuch as every check tendered in payment of same was returned for insufficient funds. 19. Admitted. 20. Denied. It is denied that the sum presently due and owing to the Defendant is $5,044.22.8y way of further answer, Plaintiff incorporates by reference the allegations contained in his complaint at paragraphs 10-15. 21. Denied. After reasonable invesligation, Plaintiff is without sufficient knowledge to form a belief as to the truth of the truth of the averment, and same is donied. By way of further answer, it is asserted that Defendant has made numerous promises to pay, including the settlement agreements referenced in paragraph 1 B . above. Despite such repeated promises, no sums have been realized. It is averred that judgement for the entire amount should be entered against the Defendant. 22. Admitted with the clarification that the present refusals were predicated upon the Defendant's failures to comply with past representations made to date. 23. Admitted. Wherefore, Plaintiff requests judgment be entered in its favor in the full amount of the claim. 24. Plaintiff incorporates by reference its allegationa as contained in Paragraph 1 through 15 and the Reply to New Matter as aet forth in paragraphs 16-23 above. 25. Admitted with the clarification that said agreement was an attempt at aettlement of the account prior to litigation and Defendant has failed to comply with the terms of the aettlement by providing Plaintiff with two checks for insufficient funds. 26. Denied. Paragraph 26 is denied as a legal conclusion to which no responsive pleading is due. By way of further answer, Plaintiff incorporates its response to paragraph lB. 27. Denied. Said paragraph is a conclusion of law to which no responsive pleading is due. It is further averred that said aotion is a valid action based on legitimate and substantiated charges made by the Plaintiff in accordance with the parties' oontract to perform the work. 26. Denied. Said paragraph is a conclusion of law to which no responaive pleading is due. 29. Admitted with the clarification that all said debt a incident to collection of this account could be avoided for both parties in the event that the Defendant had properly paid the sums due in accordance with the parties' contract andl or even the tentative aettlement agreements referenced in paragraph 16 above by checks which were supported by sufficient funda. Wherefore, Plaintiff demands jUdgement in his favor and against Defendant in the amoun t of NINE TIlOUSANO TIIIlEE IlUNDREO ELEVEN DOLLARS AND FIFTY NINE CENTS ($9,311.59), together with interests, costs of suit and counsel fees. DATED: , A 0'/- .f'/ ~~? y, Respectfully Submitted, / / ._/,r ./" ,/' ~ I /~i.' ..' / l //,,1 . ,,; !/L,? -'-'_'H //ilarbara Su~ple.cSUlli van, Esquire 549 Bridge Street New Cumberland, PA 17070 Supreme Court I.D. No. 32317 Attorney for Plaintiff ~:~ BEll CUSTOM HOMES 1 086 VAllEY STREET ENOlA, PA 17026 (7171 732-8868 October 26, 1 994 Proposed payment for work done by leonard's Plumbing and Heating for work done at 308 Dauphin Street, Enola for Bell Custom Homes. Electrical Dlscrepencles: A - 2 listings for 1000 ft Romex N/M 14/2 wire one for 113.89 and the second for 157.76 (-43.87) B-2 listings for 6-Raco 146-4 OCT. Box Ax Clamp one for 11.79 and the second for 14.62 (-2.731 C - Listing for 15 Receptacles Master, 16 Garage lights and recep., 15 lights first floor, 16 second floor bedrooms, 16 living room recep. Bnd lights, and 15 lights and first floor front bedrooms, what Is this? If this If finish wiring, or boxes, this does not apply, was not performed by you. If It Is the act of wiring these things, this Is Included In your labor charge, (-637.86) D - Only 40 hours listed for Mechanic, not 48 (-332,00) E - No rough wiring done In basement, all wires left hanglng.(-360.00) F - Double pole 20 amp breaker listed, but not on property or installed (-17,371 Total Bcceptable price for electrlc~3707.69 ~l a~w.J1...J Heating Discrepencles: A - Heating/Cooling Stat was not Installed and was missing the base plate, this had to be purchased. (1 hour mechanic labor and price of base platel (-66,001 B - Condensor/AC unit not Installed or on property (labor and price of unltl (-1600,001 C - Heat was not functional, no breaker installed (-37.371 D - Only 37 hours listed for each mechanic and helper, not 46 each (-492,001 Total acceptable price for hooting := $4841,05 EXIIIIII'I' ^ RICK DEll ~~o~ BELLLANDsCAtlNG B HOME IMPROVEMENTS &..J ~ r C'i ,I 108\ VALLEY stREET , . . . : ; '. . '. , '"'~ '~:,:::.. """".......... '""., "..,,' ...: ... - '"11", I" J I I J ,- " . Ii' ''''..i'' . O;'bU)~' PAY (AV' 'V'J"'" 1209 . ., Ind',! !nul ~ eO,7231 2313 tUECt< AMOUNT ; '~'I'; Inlulllclent fund. SI.', 0111 P'~m.nl Stopped ~~ "'00 l mqlll I: 2 i l i '/ 2 iD '/1: 3 OqOO H," i '/11' ."0000 lO iO l ,/." RICK BELL BElL LANDSCAPING B HOME IMPROVEMENTS tOil VALLEY STREET ENOL A, PA 170/1 [t~~oC ~ eo. 7131 2313 1211 PAY ~,>< if{~f,fulJ IM"rlfll"l/~ ~t:rr fiN~ It DOLtARS IUtpJ Ltn1#d(/;T~;WM- IfriftvtJl.~~p~~~(f,l'1t -IJ~'ir I $~,~i( .tr.l (HECf< AMOUNt -----~...._------~- 11111 1Il 1m -_.__._--~----~>._._..._. ....-------. _.~-- HARRIS SAVINGS ASSOCIATION HARRISBURO PA 17101 ..,n~P1vI1. _._K_~ . ._.__ 11'00 l2l ~II' I: i' i l i '/2 U1 '/1: i OqOO H." i '/11' t-:XIIIIlI'I' II VERIFICATION I, Jack E. Leonard Jr., hereby cerlify that the facts set forth in the foregoing REPLY '1'0 NEW MATTER AND ANSWER TO COUN'I'ERCLAIM are lrue and correct to the best of my knowledge, information and belief. I understand lhat any false statements made herein are subject to penalties of 18 Pa. C.B.A. 9 4904 relating to unsworn falsification to authorities. j , ., '"' ,*fi (.r. "fll'ilL1 Ll ~'l ~ CK E. LEONARD JR. , . < ~ &1 ~ z ~ <( " 3 i e~~I) ~ ~ ~ ~ ill & . ~q ~ i ~ u ; lA ~. ~ ;'!l" . ..~. lb "" - - ~- N Jf Ii. 1.;1 j , , , ^'1 r:,: t lili"li iflw!",\i ( ! oliff!'" IIf 1 H i! i 1,~; If'IL'! hi I\IL ,. ,,/,Ii :\; I , 11/\1,1 1/\ ' I', t" 11, , I Ii ! II ! 111\1'; f\ '/1 I'll; l;/~ I, r" t 'i L~ l :; 11 '.if "~'; lJ t. ) ~ "H' J 1 f f C' 1 I l.l!11'Lh! fIlii 'J:!' it Id: ili I .j, wb.. /;1'1 Ill) .10 1)-' ",,:.ffl ,I' (\1 (fllllJ I, I~, " ! I:dl tn. ,1'1' ,. t Iii" WI f !! 11, ~.jJ~' I" t:JH T Ut /, 1'1 , .. h 1 jJA!'.I. /, , t I~..:. 11 "," t ..' ~ I 1. i! i ,tl J'i:,'IV' I! I. , ,.. L loi'., 11.,.. },.' ,f. 'il 110.';1 o',\I.1.t I hI 1:11',:"1\, it , ' ,!fll'.Lld Alii j . l , I J I i 1 .~. I'ilr, ,-'l'/'.Jfll,;j. I, "l1,d 1 ".f I,. I' !! t\ '!I' tiLl t l ;)1 ",11,1 it t. ,1 .,t t i:.. "ti! Al Ii! 'il"l it I tlt- ;e,'I" Ii"" III \ It L, H J -I", 1,1 i. , I" , j "I; i t t,l 1""''':',1. 1"'111.' 'i, , I ,."i:;'1 , ""': # ~'/J.;::'..,.,_...o..' ~ ,~". . ~ '-l ,. I "! ,,; .... .' i A! I '. J I ~,~ I it '" Ii t[ ~","" ".l /-" ! i,'-,f; "'i' " ,". I) J .1iJ,.~"~" II ) 1')11 ~'."~ (1.v ({ ! . , , ,., /J. tg nt.,/ ( l., -(',/' '- ( " )11,' It.., dl''t CIVIL ACTION - LAW JURY TRIAL DEMANDED I lACK E. LEONARD, Jr., r PlainUff il ~ v. I ICHARD A. BELL, Defendant II I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. I') ...l 4;(, II""~ '.l,.,)'\. NOTICE TO DEFEND AND CLAIM RIGIITS YOU IIAVE BEEN SUED IN COURT, if you wish to defend against the laims set forth in the following pages, you must take action ithin TWBNTY (20) DAYS after thia Complaint and Notice are aerved, y entering a written appearance personally or objections to the laims set forth againat you. You are warned that if you fail to o so the case may proceed wi thout you and a judgment may be ntered against you by the Court without further notice for any oney claimed in the Complaint or for any other claim or relief equested by the Plaintiff. You may lose money or property or pther rights important to your. I I ~ YOU SHOULD TAKE THIS PAPER TO YOUR (.AWYER A'r ONCE. IF YOU DO IlAVR A LAWYBR OR cANNO'l' AFFORD ONE, GO '1'0 OR TELEPHONE TilE . FrICR SET FORTIl BELOW '('0 FIND OUT WIlEltE YOU CAN OR'l' l,EOAL IlELP. COUR'(' ADMINIS'('ltA1'Olt 4th .'lour Cu.borland County Courthouse Carlisle, PI. 17013 (717)-'240-6200 ith a written proposal pursuant to which Plaintiff waa to perform ertain plumbing rough in work at Defendant's job known as 305 auphin street, Enola, Pennsylvania. A copy of said proposal is ttached hereto as Exhibit "A" and incorporated herein by eference. 6. Said proposal was verbally accepted by Defendant and Plaintiff ommenced performance of the work in accordance with the parties' greement. 7. During the performance of the contract, Defendant requeated laintiff to perform additional work, which work included lectrical rough in, H.V.A.C./heating rough in and installation of whirlpool. 8. The parties agreed that Plaintiff was to be paid on a time and aterial basis for the work performed on the electrical, H.V.A.C./ eating and whirlpool installation. ~, P1.in1i" h.. ..,1"'c'ne1" cn.p1.1ed .11 e'ec1e1c.', l~lUmbing work, IIVAC/heating work and installation of the whirlpool Irs agreed to by the parties. II Ii 'I II i! 3 " . ! 10. Upon completion, Plaintiff made demand for payment of the plumbing work in accordance wi th the proposal in the amount of Three Thousand Seven Hundred Fifty Dollara ($3,750.00). 11. Upon completion, Plaintiff presented invoicing for the labor and material expended for the electrical, II. V. A. C. heating work and whirlpool purchase and installation in the amount of Thirteen Thousand Five lIundred Sixty-one Dollars and Fifty-nine Cents ($13,561.59). Copies of said itemization of work is attached hereto as Exhibit "B" and incorporated herein by reference. 12. Pursuant to the parties' agreements, Defendant was to pay to Plaintiff the total sum of Seventeen Thousand Three Hundred Eleven Dollars and Fifty-nine Cents ($17,311.59). 13. To date, the Defendant has paid Eight Thousand Dollara ($8,000.00) to the Plaintiff creating an outstanding balance of Nine Thousand Three lIundred Eleven Dollars and Fi fty-nine Centa ($9,3".59) as due and owing. 14. To date, despite repeated demands, Defendant has failed to pay Plaintiff the remaining balance of Nine Thousand Three Hundred Eleven Dollars and Fifty-nine Cents ($9,311.59). 4 ~RII'rCA'I'tQJ'i I, Jack E. Leonard, Jr., hereby certify that the facts set orth in the foregoing COMPLAINT are true and correct to the best f my knowledge, information and belief. I understand that any alse statements made herein are subject to penalties of 16 Pa. .S.A. ~ 4904 relating to unsworn falsification to authorities. ftf~EO~ ' .' () 'rl1plll1ul O'NO, of Pales , "- LEONARD'S PLUMBING Plumbing 0 H..lIng 0 Air Conditioning 1776 Slele Slleol Camp Hili, Pennsylvania 17011 ..' Phon. (717) 763-Cl1l15 " NOPOIAl.IUIMlnm TO PHON[ ItAT[ RiCk Dell B/30/94 I o7~ is' VAU<-~ JOB NAM[ CITY,~ AND liP CO~ JOB LOCATION , tJl.4. tI. . 17Ur 305 Dauphin.St. MCHITlCr , I DAIl Of PlANS I JOB PIiON[ i w. h.r.by submit lpeciliulionl.nd "Um.tlllor: '. , Plumbing proposal I propose to furnish &. install the fOllowing' To rough in all drainaga using P.V.c. pipe & fittings To vent plumbing through roof To install laundry center rough In box To install P.V.c. using cleaner t. glue To hook up all drainage in basement to main sewer To install clean-out assembly To rough in all vents to code To install copper brackets for water lines To install 3/4" t. ~" Copper tUbing To hook up copper to \later service " '1'0 hook up all water lines to branches II n basement '1'0 air test all watel" lines L " \ , . , . To install tub & Bhowe~,aucet \ ( ,- , , I - , I, . , , To install shower faucet , To install whirlpool faucet I I ., 'ropol' hereby to furnish malerial and labor - complele in accordance Wllh above specif,calions, lor the sum 01: I '! , ). , -- dollars C$ t"rmlnt '0 b. m.d, .. 10Uo..,: ., Ii -------.. ---- . -- -....------.----.-.---- I -----..- .. '-_'_~+"__ ______H__.__ J -. All ml'.rl,t I. IUII.nl." 10 be .. 'ptctll.d All "'0'" 10 b, tompl'lld In , "o,"m.nhk, ! miMI' 'Ctardin, 10 "Indl,d p'ltllc" An, ,lIlrltlon Of dlVllhon from IhO\'t tpeclf,u ~~~~:~~:d__-ft-:::L~ C. .A.; <' Jt.~,(.{fr--'-- i liont Involvln, Idr. COlli "'III bl ..lull.d onl, upon ""ltln O,dl". Ind WIll biram. In '111. Ch.", OVI' IlMIlbo.,. the "llm,t. AU ','"m,nlt tonllnl,n1 upon "".... Inld."" Of "11.1' bt)'Ond our tontrol. Own., 10 ulty f"l. to'nldo .nd othl' n.t....ry tntultn'l Nulo it P'O,",,,' m.)' b& ::? 0 Ovr WOrtt.'''"1 lUll, cctytr" b, Wo'llm,n'l Comptnlllion Intu"nu wlthdnwn b)' u, II nul ICCll'plll't1 w,thm - _.__ dl)'t, , Att,plal1t, uf 'rupuJlBl-lh. obu., 1'''''', '1"""""'"'" "". Ind tond,llon. ." "ll.f.clorr Ind ,r, herebr .ccepled You Ite luthorlll.'cl S'11l3hJII __~_____.__ _." e _._n_._ __. --.-.-".-.- to dQ th, work lllpeCllu'd_ r,vmlnl 'fiflllll, midi.. Qulllll.d Il.lOv. SIIIl.lurl _._ , Oil. of ACClpl,ncl, - , .__'. _n~ ~ ,- ----..~--._-_.------ ......-------- -----.+,,-- i .... . E' 00 ....' -- ',. ... "'1';- , ': " 'rnpil11ul '.ae No. of Pilei (2) LEONARD'S PLUMBING Plumbing · H,.tlng . AIr Conditioning 1776 Stale Slleel Camp HIli, Pennsylvania 17011 Phon. (717) 783.08111 PHON[ JOB NAM[ 17ur JOB lOC", T10N OAt[ Of PlANI JOB PHON( I w. htrtb)' lubmit lpeClficlllonl Ind "tlm.t.. lor: " . "- Contractor to hook up all fixtures No traps,valvea,supplies by Leonards Water heater supplied by contractor All fixtures supplied by contractor ._f ./ For the Gum of ($3,750.00) ,.,.' ....-::. ::\f 2.J~ 2"Y.' ~~ \' I"I'~\~ (\. n . :;~"C-i("" J-:':~' ,I' ! : .t 'roplIJI hereby to furnISh male"al and labor _ complele Three thousand seven hun~teqlf~ I~mlnt 10 m.d. II fOllows: ~ Fi ft ~ down In accordance wilh above speclllcalions, for the sum at: dolla;. ($ 3, '750.00 ). balance upon completion All m.l"I.1 It 11I1t.nt..d to b. It '"tlfl.d All '11I01' 10 bI tompltl.d In . ..or'm,nhh m'"n" .ecorfU,., to .t.ndltd P"Ctlf" "'n~ ,It'fltlon 01 CIlvl'tlon "om ,bo\', ,cnclflr. bo", In\'Olvln, ..trl co,l, "'III b, "'[ul.d onlW- upon .-''It,n Ordlll, ,nd 11I,,11 b,com, ,n ,.Ir. Ch.,., DY'r 'nd .bow'lh, ....m.l. AlI'l'ttm'nlt contln,'nt upon tlfl'" '[['d,nl. ., d...... "',ond .u, cont,ol o.nll 10 UIt., 'HI, IOlnldo .nd Olhtf fI'n"lf)' Hltul,n" au, WOf",. Ire fUll,. CDY"'d br Wo"""n', Comp,nUllon IntU'lntl AUlho",.d f:= L Slln.lure ~ Nol -~I propoIII mJ~ be wllhd,.wn by U'I' not Icupled wlltlln (;, t~i:,TUI".tI {h , (- gO d.y.. Arnutanrr pf 'rupPJal- 'h. .bo.. PI"". .poco'"."o". Ind conthtlonl Ir. IIIISI,ctor.. Ind If' h'flb~ In.pled YOU.II .ulhOlllt'd Slan.lute __ 10 du 'h. work II lpetih.d P.~m.nl WIll be m.d. .. t1uthned ,buy. -. ---_._------_..~--, Olle or Accepllne. ____._ $fln.1 urt ~. " ,."".~ . Leonard's PLUMBING AND ilEA TING CHARGE SLIP DATI ~ 6.M ''Nfl M'!_ ..ADI.. ~A"'O :I/t!..11 WD~K DDNI A' - ~IJS /)AftjJh/~ JD...-I ENdkL Pit ~il.." J I 1()~"'/~'t 1?dtI"" ~JJ4lA R,. I #J62..S I CIICNIPTION 0' WOllle ~d. ORDER . QUANTITY DI'C"IP'ION "'UCI IXflNllON IHeID.NT.",. Mechlnic @ IIelper @ Common @ 'OUL MAU"IALI I -- -----, _.~----- T D'"I llbDI "rUe. QUOTlD TOTAL WHO Ii:s ~~.J} CUCftlPTlON 0,. O"K . Y,V.A_~. ~""QL Leonard's PLUMBING AND HEATING ORDER QUAHTITr CHARGE SLIP :::: .~~ 'O"OO'''':~i ~:'~ ("1l.sT~ :c+~ ~.1 D"C'''"ION v, IN TIlE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO, 05-2421 CIVIL TERM CIVIL ACTION - LAW JACK E, LEONARD, JR" Plaintiff RICHARD A. BELL, Defendant ANSWER, NEW MATI'ER " COUNTERCLAIM 1 - 4. Admitted. 5, Denied, Proof demanded, By way of further answer, IIIIld propolllll was provided to Defendant af\er a ml\lorlty of the plumbing rough.in work was completed. 6, Denied, See response to allegation no, 5 above, 7. Admitted in part, denied in part. By way of further answer, Defendant originally received oral quotes from the Plaintiff for the plumbing rough-In work and the H,V,A.C./heating rough-In and later requested quotes for the electric rough-in and the Inslallation of the whirlpool. 8, Admitted, 0, Denied, Proof demanded, By way of further answer, the only job satiafactorlly completed wBllthe plumbing rough-In, TIle electrical and heating work were not completed and had to be completed by the Defendant. TIle whirlpool was not satisfactorily completed and had to be repaired by the homeowner, 10, Admitted In part, denied in part, Defendant admits demand for payment was made when the plumbing rougll.in was completed, However, Defendant denies that the demand WBlI In lICCordance with Ihe propolllll, as Ihis Wll8 the first time the propolllll WBll presented to him, 11. Denied, Proof demanded, By way of further answer. the ellh1bi18 aUached to the PlaIntilf's complaint are not Ihe original Invoices presented to Defendant. Furthermore. not all work requested was completed, These invoices Included charges for work not requested by Defendant, or work not performed by Ihe Plaintiff, 12, Denied, Proof ,lemantled, 13, Admitted ill part, denied III part, 11 is admitted that $8,000,00 has been paid to date, It is specifically denied that $9,311.59 remallls due and owing and proof Is demanded, 14, Denied, Proof demanded, 15, This allegation Is a conclusion of law to which no responsive pleading is requlred, To the extent that a responsive pleading is required, the allegation is denled and proof is denlOuded, WHEREFORE, Defendant requestslltls Court to dlsml88 the Plnlntlff's complnlnt, with prejudice, NEW MA1TER 16, The answer to allegations 1.16 are Incorporated herein by reference B8lf set forth in full, 17, Throughout the course of the motter relevant hereto, Plnlntlff has provlded Defendant with numerous bills. a11lncoll8lstent with each other and containing diacrepancles not only with each other, but with the work actually performed, 18, On November 8, 1994, the parlies reached an agreement for payment of aU services perfonned by PlnlntilT in consideration of the sum of $13,844,20, A copy of thla Agreement is attached as Exhibit' A: 19, Defendant has paid, to date. the sum of $8.000,00 to the Plaintiff, 20, The Il/Ilount presently due and owing by the Defendant to the PlnlntllT Is $6.844,22, 21. At the presenttlrne. Defendant Is unable to pay the entire balance In a lump sum. 22, To date, I'lnlntllT has rel\lsed Defendant's olTers to pay IItls money over a period of time, 23, TIle sum demauded by Plaintiff In his Complaint does not 88tisfy the required threshold for a Jury trlaJ demand, TIlerefore. this CR8e muat be referred for arbitration, WIIEREFOHE, Defendant requesta dlsml88lll of Plaintiff's Complnlnt, B8 presently filed, COUN11<:nCLAIM I 24, The reaponscsto I'arngrnpha 1.15 nnd the allcgntlona of Paragrnphs 16.23 ore incorporated II herein 08 If set forth in 1\111, ! i I , i , BELL CUSTOM HOMES 1085 V ALLEY STREET ENOLA, PA 17025 (717) 732.8858 October 26, 1994 Proposed payment for work done by Leonard's Plumbing and Heating for work done at 308 Dauphin Street, Enola for Bell Custom Homes. Electrical Dlscrepencies: A _ 2 listings for 1000 ft Romex N/M 14/2 wire one for 113.89 end the second for 157.76 (-43.87) B-2 listings for 6-Raco 146-4 OCT. Box Ax Clamp one for 11.79 and the second for 14.52 (-2.73) C _ Listing for 15 Receptacles Master, 15 Gerage IIgh,t~ and recep., 15 lights first floor, 15 second floor bedrooms, 16 living room recep. and lights, and 16 lights and first floor front bedrooms, what Is this? If this if finish wiring, or boxes, this does not epply, wes not performed by you. If It is the act of wiring these things, this Is Included In your labor charge. (-637.86) D - Only 40 hours listed for Mechanic, not 48 (-332.00) E - No rough wiring done in basement, all wires left hsnglng.(-360.00) F - Double pole 20 amp breaker listed, but not on property or instslled (-17.37) Total acceptable price for electrical = $3707.69 Heating Dlscrepencies: A _ Heating/Cooling Stat was not installed and was missing the bSle plate, this had to be purchased. (1 hour mechanic labor and price of base plate) (-65.00) B - Condensor/AC unit not installed or on property (labor and price of unit) (-1500.00) C - Heat was not functional, no breaker Installed (-37.37) D - Only 37 hours listed for each mechanic and halper, not 46 each (-492.00) Total acceptable price for heating = $4841.06 VERIFICATION I verify that the elatemenla made In the foregoing Anewer, New Matter, & Counterclaim are true end correct I undersland that felse slatements herein made are subject to the penalties of 18 Pa,C,B,A. 14904 relating to unsworn falsification to authorltiee, s- lS - J]" Dint! r2~-<,.i (1 f1J!IJ ~ - ---- J\icll8l'd A. HeU CERTIFICATE OF SERVICE I certify that I Berved n copy or Derendant'B AnBwer, New Maller & Counterclaim by depoBltlng l58II1e In the Unlled StateB MnU, fint claBa. postage prepnld from Carlisle, PennsylvlIIlln. on the 1st day or June, 1095, nddreBSed 118 rollows: Bnrbnrn Bumple-SulllvlIIl, Esquire 540 Bridge Street New Cumberland. PA 17070-1931 X-DJ (~\W~ Robert P. KlIne, Esquire v IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JACK E. LEONARD, JR. Plaintiff RICIIARD A. BELL, Defendant NO. 95-2421 CIVIL TERM IN RBI VACATE ARBITRATOR ORDER OF COURT AND NOW, SEPTEMBER 27, 1995, the appointment of Johnna Deily, Esquire is hereby vacated and Thomas M. Devlin, Esquire, is appointed in her stead. By the Court, Frances Del Duca, Esquire Chairman Ido I i ~/( ( I. ( -' a Id E.' Shee!! , P.J. tt'J:UJ"",:fd ilp'l/' r .'1\.._ ~_.. Court Administrator IBld )EP i3 ,j~:, I H 195 , . t "',,1 , , ,- f.: ,.... a/" "....: ; .. I, "4 (;if' ~ ., . ; , LP .-, \ I~I I .' ; ,., ;' IiIJ I' , li~ Ci \'1 ~:l c" ()