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Home My WebLink About02-4272 DEANNA MURRAY PLAINTIFF v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO, O~- 4;).7:;'" C;uJ '-r~." CIVIL ACTION - LAW NORTHEASTERN HOME IMPROVEMENTS OF HARRISBURG, INC" tdba NORTHEASTERN HOME IMPROVEMENTS DEFENDANT JURY TRIAL DEMANDED NOTICE TO DEFEND 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 serve, 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 OFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 DEANNA MURRAY PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY v, NO, D:< - ^I:J.7~ CIVIL ACTION - LAW C~~~l ~I NORTHEASTERN HOME IMPROVEMENTS OF HARRISBURG, INC" tdba NORTHEASTERN HOME IMPROVEMENTS DEFENDANT JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiff, Deanna Murray, by and through her attorney, and files this Complaint, as follows: 1, Plaintiff, Deanna Murray, is an adult individual who resides at 33 Millers Gap Road, Enola, Pennsylvania, 2, Defendant, Northeastern Home Improvements of Harrisburg, Inc" is a Pennsylvania corporation with an address for conducting business at 417 State Street, West Fairview, PA 17025, 3, On May 8, 2002, Plaintiff and Defendant entered into an agreement whereby Defendant would provide contractor and renovation services to Plaintiff at Plaintiff's residence, A copy of the Agreement is attached and incorporated hereto as Exhibit "A", 4, On May 10, 2002, a "contract change form" was executed by the parties altering certain terms of the Agreement. This form is attached and incorporated hereto as Exhibit "B", 5, At the time of entering into the Agreement Defendant represented to Plaintiff that they would commence work in June of that year. 6, Contrary to Defendants representation, work was not commenced until July, 7, At the time Defendant commenced work it had not obtained the necessary and required permits to conduct the work required under the Agreement. 8, At no time has Defendant obtained the necessary and required permits to conduct the work required under the Agreement. 9, At no time did Defendant advise Plaintiff of its failure to obtain the necessary and required permits. 10, As per the Agreement, Defendant installed central air conditioning in the premises, 11, Defendant failed to install the air conditioning in a reasonable and workmanlike manner, such failure including exposing the air conditioning ductwork throughout the home, 12, Plaintiff advised Defendant of this unacceptable work on numerous occasions, 13, Defendant failed to correct this substandard work, 14, Defendant consistently failed to appear at the job site, despite advising Plaintiff that they would be present. 15, Plaintiff made repeated attempts to contact Defendant by phone, but Defendant failed to respond, 16, On June 23,2002 Plaintiff provided an initial deposit to Defendant in the amount of Forty-five thousand ($45,000,00) dollars, 17, Defendant demanded an additional payment from Plaintiff prior to work being completed, 18, Nothing under the Agreement requires Plaintiff to pay any set sum prior to completion, 19, Defendant grossly overstated to Plaintiff the work needed on the property, 20, Defendant grossly overcharged for the work that was to be done on the property, COUNT I BREACH OF CONTRACT 21, Paragraphs 1 through 20 are incorporated herein by reference, 22, Defendant has breached the Agreement by: a, failing to obtain the required and necessary permits, b, failing to perform in a reasonable, workmanlike and timely manner, c, failing to act in good faith and with fair dealing, WHEREFORE, Plaintiff respectfully requests this Honorable Court enter judgment for her and against Defendant in an amount greater than $25,000,00, and further award interest and costs of suit. COUNT II NEGLIGENCE 23, Paragraphs 1 through 22 are incorporated fully herein by reference, 24, Defendant owed a duty to Plaintiff to perform in a reasonable and workmanlike manner. 25, Defendant has breached such duty by failing to install the air conditioning to the standard degree of workmanship, 26, Due to Defendant's breach of such duty, Plaintiff has suffered damages, 27, Such damages are the direct result of Defendant's negligence, WHEREFORE, Plaintiff respectfully requests this Honorable Court enter judgment for her and against Defendant in an amount greater than $25,000,00, and further award interest and costs of suit. COUNT III NEGLIGENT MISREPRESENTATION 28, Paragraphs 1 through 27 are incorporated fully herein by reference, 29, Defendant made materially false representations to Plaintiff regarding its ability to perform in a reasonable and workmanlike manner, ability to perform in a timely manner, the nature and extent of the work needed to be done on the premises and ability and intention to obtain the required and necessary permits, 30, Plaintiff justifiably relied on these material misrepresentations, 31, Due to such reliance, Plaintiff has suffered damages, and continues to suffer such damages, WHEREFORE, Plaintiff respectfully requests this Honorable Court enter judgment for her and against Defendant in an amount greater than $25,000,00, and further award interest and costs of suit. COUNT IV UNFAIR TRADE PRACTICES ACT 32, Paragraphs 1 through 31 are incorporated fully herein by reference, 33, Defendants conduct, as more fully stated above, constitutes unfair and/or deceptive acts or practices in that Defendant: a. represented that it's services had characteristics, uses or benefits that they do not have, b, representing that it's services where of a particular standard or quality which they were not, c, knowingly misrepresented that it's services and repairs were needed when they were not, d, engaging in other fraudulent and/or deceptive conduct which Court enter created a likelihood of confusion and m isunderstandi ng, WHEREFORE, Plaintiff respectfully requests this Honorable Court enter judgment for her and against Defendant in an amount greater than $25,000,00, and further award interest, costs of suit, attorneys fees and treble damages, Respectfully submitted, THE LAW OFFICES OF MARK K. EMERY By: ,,~ --;;,:;: ;;::: /' ----- Mark K, Emery, Esqui Supreme Court I.D, No, 72787 410 North Second Street Harrisburg, PA 17101 (717) 238-9883 Attorney for Plaintiff DATE: (1-i-Od EXHIBIT A , ~11lEAS1'~ o""'-'~""'~O.'HOMk~" ';':'!MPR0VEMENTS'"'' " '': :"''':~'~"::,!tH'; ':~ ;', '~i.;'/ ,:~~Y:.i"";1 ,',l'~'~",tJ"t't','i; ,'I,." \~"~'~"":'~"'o::"k,"ij:zJh,tfril ;~r~jr;lIl~'$ r; 125Nortf'l.Enola Drive. .SUite 106 ~:~e:' ~isili'''~'~~;~~~l~~t;~;~~g~~J~~g};:1''7~? ,S',y::?, .', Mailing : :-' :.'.....:) ,,' ,/ , ,." ..d,'/?' ':,-Bt.iSln~slli'h6ne:( \. ,~,""~' "_ U,,:;, , ;'::, AddreliS:fj'<;/<....../"'3""~~', ,,()lW~"/~ State: ""...r- ~1p':I 70z".r '!we'; t~e:'bViners,Of:the.~re'~lSes_:deSCt1b8d;'bel~/.hereln8ftE"Neferred;to'.as.purchaSer", offer to -contract: with:.> ,"'i" NOrlhe8stei'n:Hotnfj!lmproVem'entsli~e'reln8fter(r8fetrtKHOI1lS,~Contr'acto,..;ttrfumlsh;:lo,'dellver sOd arrange~or '~'H', ,.., ."; ," Instan~tfon of BUmaterials nece~ary. tOlmPf:OY8th8'PREM,I,SES. LOCATICJ:N AT:."r,:,'jiir",~-,;:: :;-,,;,':;:'fft.t.tl,~, .i'i ~ ""'J:? 6 "BBB ,r;- ,~"'i:'~~::::,':;', :,i:';,<,1~/', "",'-;I'INN.YLYANlAt~'l ,_~ '., aU.lAu . "";_~',J~''''I.'''' ,"'f 'd"',.,' . ~";-;'''''''''I;:~"~;~',,,.;,;....:;. ~ "..,", ' "',' ',", "";"~~-""''''''':'~'::''''';~:iil;''''"'';;'';":-,, , "',"l,'~ ',"-'-'" . (STREET) ';';,'(~';,<" ".,. aecordlng to the'lcilfoWtng sPeClnC8tlons: ';;'."-' .,~~'~';. -"j,.,, '-' -""-'~-,.:,,::,::;, "'"",-,, ".;,,;' '~,.', ',; (ST ~!~r'~~i t:<~1~J:/,.;~Zler:,:; . "";',.::>; "'il' :';>'1~:' /' ,: -,:,:.1'{;) L~',;'r ~::!i~': .. . "',.' "::;' /~--: ~!C, ,~'~ i" ," The CASH PRICE for.lll.bar and MIIlerlllt (InclUding .ny-'PPllcabled.l8coOnts)Is $ 9 9,'i9" ? Terms:- c..h,):j credit 0 (SUbfecllo the IIpprMl of..' Crd saI.. o...rt",enl.) Irlhl8l8ac8shl~nSacllOn': lhe~~~8fl!l!'t!lJJ1JlIdI"f~::,::::'i~;"'" CnhDown PlJY"'I8fll, $ ..;..t;r;; -~ -v;ce.IancePwables"Y;.'Cf" 7 'Tol.,PrJce $ 99C~ 7 - .1..-0,--'-_- r~F ;.....<.,.......//-Vf" " , ' , ' "Iklsls. Cfedlllt8nsaellon, Ihe egr.ernent t<< credit Ie contained In. eeplIl1Ile doCument which Ie Incorpomed herem by reference.nd made e plIrt thereof. IJwe the undersigned are hereby authonzlngNORTHEASTERN HOM~ IMPR~veMENTS to verilY cKl revIeW mylour credit record with an Independent credit reporting Igency md release Ihemrrorri all Reblllly Incurr8d from InadvIftent OmlsSlons or errors, Verbal understlndlngsand ~ with represenfallvenhall nOt be binding, All Undersllndlngs.nd agreeemsnts must be set fOflh In writing In this Contrwcl, ADDITIONAL PROVISIONS ARE STATED ON REVERSE SIDE AND ARE PART OF THIS CONTRACT, INWITNESSWHEREOFPurchltlel'(S)hlvehereuntOelgntictthei~""."",e( lI)lh'ls-LdaYof - ~7 .. 20 C::),:? 1M ICknowIedges receipt or a true copy of this Contract. .:; . , (PROVISION RE STATED ON REVERSE) UNLESS OTHERWISE SPECIFIED,IT IS UNDERSTOOD THAT THE'OWNER IS READY FOR THIS WORK TO BEGIN. THE PURCHASE PRICE QUOTED ABOVE Wlll"BE HONORED ONLY UNTIL r.. p. 0;:' DATE i'\ ~ ~r i.': - , 1 " ,. ""J...?" '. r~-~ ~'!'~' ~,_ .,~-.#!... k .,..,....... ,'/1 ,(.;Fr ,.~ ~ .,,p: c_ - - ,,4, ~;; ....;:;.,/' ~ .-.. > ,.. -;;. ?' ~ ,.-.....,., ,',/ /h.r ~ ~,' off ~ :-1/ c C~+ 0 . '/ /"-" t.J ;-~ .k;" I' , ~ ~..r/: ." c e-,"// e ,. J CNt .k' ,.v~ f;), I(' ~ ,~~ Co o--r~<=-. /(1" ~ :)..... Z ~ ...r../. / ,/1 ~,' /. " I "/ 6~/ k, (teA -- ;.<; ."...e"_ ". ... SUNrn;oBY'R~ o.Ie ....uthorized Signatu..lor _...M<" Home Im.........- ou. /W:. ;!.f:C~ 1(' " ;.,;. ~. __ .e:-. ~"/(/>~'-"~'~' ",~ /",11 <C!'..e. t:; f!'/h- k~_ Yo ~ '~/"//,-.r~ n.. .k:- -~"> r-:;..>.;/ '.6':::7.< ~ ;;,~ ,..1:"'" ~ 6' '--... - u.... /~k ,/. ;,.... .,.r;l'}..;"t: .....--<- ,..~ '" "-,,, ~ ;.../ 9 /~ ---e ...... /0.'" . +. ..4, r,-;- -,(. k 'I' k ~ - A--c :;.,p' ,,/, - - ,...-" "", // 6.,,":; / /~ 7~:;': :, / ,If" ,U Jho-_ ---- /- ConlraCtPrfce S.lesTI)( "7>'';,(/7 -- . :Purctil8erundef'lllandSandagree'lhallflhlaagreem~ls'c.noel&dafterihereelslon perlodlhellhepurc:he..rlallab~forlwenly'IIve{25%)oflhelOlalsal'sprlceasdsm_ agBs'tothacontr8Clor, ~~~,' .... ~"'/c>... f' ~ ',..,,",C1<"i' '1.' . .'_ . Purchaser agrees to pay to the Contractor the reasona,b1e~cos~ofenforoementorcollectlon, and/or If In''the.'e'vent It Is necessary for the Contractor to retain an attomey and/or to Instltute'legal pro'eNdlngs. PurChaser 'agrees to pay reasonableattomey's fees and costs InCtJrred, whether or not court proceedIngs are InstIgated, In addition to other sums. W .' ,jUI"lw~ . YfQ(! "d1:1,:!" INSTALLATION. It Is understood that Contractor may not Install saId l11atarlals but that by your signature you authorize Contractor to arrange for the performance of the installation by a quallfied,I,nst8ller. You alsO authorize Contractor (1) to Issua an Installation work order with the specIficatIons shown herein and (2) to pay the Inatallef'upO"n-your execution of a completIon certificate est&bUshlng that the Jnstal~ latlon has been _ satisfactorilyc:ompleted~, You'.agreeita;pay,to, Contr_sctor the amount SpecIfied herein, which wHl cover"the priceS of, said materlalsandthelnstarratJon~ch,arge./. ~~-",li:'J0')"-lq;,:.>:l)r'\;"J.in - - . .-. ~_.. _...- ..-. ,;' : ". '--. '.',-, " ~.".~' - - - "'. . .. "'- '''';:' . '. . .. ..-, , ' ,. \ Any surplus materIals remaining after completIon of thIs job shall remain the property of Contractor. No credit Is due you on returns." " There shall be 'no llabUltyfor.delaVs lri; or.fallureto complete deUvery or Installation of all or any of the herein, mentIoned merchandise" If due to any eause'beyond,Contractor'a)control;:includlngbul:notlimited, to fire, strikes" war, governmental regulatlons"labor"o~,material shortages, and weather conditions. -T1', Vie,'-, ::'/,~)~. ?:J(?:i:57'FF~":1: 'N ',_", : lj~,., ",,:,~i;H.~,~:;; This Contract and the agreement f~r credlt,lf anY,shall cOnStItute Q;e" entlre'agreement betWeen the parties, w~lch entire agreement and specification shall not be altered or mocllfled except by wrltt8rY agreement by the parties herein. . ,: .' "11 " IN THE EVENT THIS OFFER TO CONTRACT IS NOT ACCEPTED BY CONTRACTOR, ANY,PAYMENT MADE, HEREUNDER,SHALL BE REFUNDED TO THE PURCHASER(S) AND THIS PROPOSAL SHALL BE NULLAND VOID AND OF NO EFFECT. CONTRACTOR IS NOT RESPONSIBLE FOR EXISTING STRUCTURAL DEFECTS, DRY ROT OR CODE VIOLATIONS. NO REPAIRING, PLASTERING, CARPENTRY OR DECORATING IS INCLUDED UNLESS SPECIFICALLY CHARGED FOR AND SPECIFIED IN WRITING HEREIN. ~ . X-, ~ ' Envircmme-ntal problems 'or hazards Involvlrig^the-'n;sld'eilce -liTe-liOt the responsIbility of the contractor, Customer shoUld notIfy contrac- tor Immediately of any known or suspected environmental problems or hazards; for example asbestos or lead paint. In the event of an environmental problem or hazard It Is the 'responslbiJJty of thlfcus:tonier to rectify. If not rectified, the contractor, at Its 80le discretion, may continue or termInate thIs contract. 30 to 45 days after date of cancellatfon any -down payment will be refunded. . '. ~~: >: , '...:" ',.',"!j'-<;:"i:ll",:i-- '>T >.", ,", . ,'j,''':! I!" , ., ~:'. j, ;\'>",; ':'1",[, "[') ,,-,,,,Ti', ,,~- --""'......~-_.". .....-,..- -"-~"....---.'" -:-,.-..............,.....'.;."'.a.;.;'.,....:;..,'.i;, .~"_,.... ,',,'r'; ~," .-,,-':~~..-l1 ,.... "!"';'"",. '.1.'.:_ ~.l,'n! '" ,; 11 \/, '\'., EXHIBIT B b ;~11lEASl'~ -' ;, '_...._,...Bf!3.'''---'-'~~Q.... ,Ii6ME"'~;"" , .... "MIMal.",: .',.'. . -'" ,:"':.:",' ;., :,-,,-,".."'.::' -,' -, ,.',:'" CO"" .. ." ;_';;',<'~~J~7,el,J;\)f,IAsT'.N01'}t):?!1)0~':'\"IO~'~)S!I:IMPR€)YEMENTS;" "'>:',,' \~:~':P~N:':~:~~~1' \l~I~.?~:~~~:t(!I::~:(;~W;~~~:~~~~J~~:;~;;:.,~t::.\.;J;'.:~,:;:,.:,:' ,",- ',,(.~ "," ',"~J!'l ;",,:.- _. ".;.. ..,Y.:'T25.North..Eriola Drive.Suite:l06 ';'\~~'l~:.\~~'; ro.':, l::~i P:. '\I~,'(,:,ti11J1{;"\\~l'l;'1f,n:r~; i~,el~~,'kKJ';'e'\'E!'~H8f~': "PA- j 7025 ')~(';:;,,' -'(."';1 N.m~o':""'~:e~;;g!):~~'~;~~r~:;')tf:7~\l2~,~f:::':~on.;; " I" 7/?:: Mailing BusiliessPhone': ( ) Address:- ~lty: 'r.......;,. "'- - li1' '" " ALCOA., ,..., , " ....;."h, ;"',"}I ;",r; :Vj ~il(~' },,' ,.;~(", ':"/~,' ,il;. i" " " Slat.:"'~.:9Zi~:~2' r "",''''::''',, i"" " /,'", ',:"0:,.. ,,' ',', " , ., 1tw8;the.'OWriers\bflh~':preml s'descrlbed 'beIOW;.hereln8fter.ref~rred't~'8S_ '~fJUrch8se(',offer tO",contract with X-!:r,',,'" Northeaste'rifHome': rmpn:Jvements';~'h'e'reln8net!referted tO~ilS:I:.Contratto(',lo'fumlsh';, to dellversnd'8rr8nge for{:'~_:~ c.' installation of an materials necessary tolrripmve the'PREMISESLOCATION AT: "I- ':J'; ""'"~~-';;;;.'~~~"" (STREET), '-''?:',:."i.:'';''''''>'''''''''''''J,r_(cn:Y)" *~'.""" "\,,',,, """.-',,- :",. '."';' -' , '" . (STATE) , ji"" ',:,-., (ZI~), 'according lathe' fOliowln'g'speClffc8tIOI1S';: .y<:-,-: . , :, ',:, .': :_,:' ,i,' ~'r"A,.) - .. ,~,: ,/ r e;t;H' ,/Y-. r-j'---' , ;:~L~;':~" h~~ ,~ -/ ,(:~ ' /7'" :" ,d~,;:.~r.::: ,-/z, ~ ~~k "'....;... -4 ~ ~eR' .-.-R' ~;,',..;.x' '~'r-k ,; =-"""~ /.-F ~ r /'::-e";'~' "'I"'" t-r....... k', .,Lr,:;...., 4:/,";zK........, -' /). -/4 ~ /..k' ~.. ~ '---~// d"'~ ,L,;, _.i'.F ..--.... ..r'7/7';-_ ~'Z...r .-k ~7 ; '~; '?'.-t:-- "..eI" ",,-/4r ,-"""-4...J r_./( ,..~-:: "7"/~ c-::.~ <- ~;.,. .,/ / Arr,-;;>< 7'76Y'? (/ /2/.F-r- ,~~.:z-~ P"7P"6"2 / """'-' C'Y"::?'7<' "-,,,-n--_.+,<;. ....d'-.._::' """"..,,7' --. '1"-~ _ "'-~ "" ~ ~ ~ d';r ~ ~ ~ ,fY.. ~~. "",1' HF..-.(Y. ,'I ~/.- 7' fJ-F~ ~._.Z~, '" ~~ -./~pv--;r- -;---,e, Ttle~ASHPRICE,",~MlIle~lud~any~~~nls'):$ .6p 7v.-e ':~P:-/~ a- 7 Y6'? ,4VJ". Torma: Cash 0 Credit 0 (Subftct to lhe 8ppmya1 oftht Credit SaIn Oepertmllnt,) Sales T811 If this. II cash transaction, the purchase prlee ahaII blt paid.. fol\owll: C.shtiawnPayrrientS B.lIlrice~S TotalPnce $ po -;?,V6 ? l,thl.Is'.credlt lranaadlon. theagreefnent f<<crwdlt Ia oontaI.\..In...,.,...document which 1I1nco1pol.1.,<f hefeIn by reference..-Mt mad.. P8rtttMireor. IIwe the UndetSlgned Itr8' hereby 8u1hortz1na NORTHEASTERN'HOME IMPROVEMENTS to verify and i'eYlew mylour credit record wItti an Independeril Credlt'repoI1lng.agency end releue them from an llablllly Incurred from Inltdwrtent omIeaIona or erroi's: Vei-bal Understandings and!m!l!!!!!ll! with representetIves wi not be binding, AN understanding. end 1Igf-eeemenls must be set forth In writing In thlll Conlrllct. ADDITIONAL PROVISIONS ARE STATED ON REVERSE SIDE AND ARE PART OF THIS CONTRACT. IN WITNESS WHEREOF PurchllMr(s) hlMl hereunto signed ~_Nlm.r.)lhl. -,--,--dlt)' of 20 and acknowledges receipt of . true copy Of this Contract. (P"OVISlONS ARE STATEOOH REV~se) UNLESSOTHERWrSE SPECIFIED,IT IS UNDERSTOOD THAT THE 'OWNER, IS READY FOR THIS WORK TO BEGIN. THE PURCHASE PRICE aUOTED ABOVE Wfll8E HONORED ONLY UNTIL ~ DATE Purchaser underslands and agrees tha! Iflhis egreemenllscanceled'allerlhe redslon perlodlhellhepurchuerlsUablelortwanty.five (2S%) of Ihe IOlal selesprice a sdam_ ag8$IOlheoonlreclof. SUIlMlTTEOBY:Rep-_._ - "'. .... I~-- ./'2/1/';7 f'-/()'-a..:< "'. " , , ',.-, C/''''-'';\ r~ ~,i~': l ~~:I ili\~ '"~,',: " Jl. ~ Purchaser agrees to pay to the.Contractor the reasonable'costspf,'enforcement or collection, andlor if In theavent it Is necessary for the Contractor to retain an attomey and/or to Instltute'legal proceealngs. 'Pukhaser agrees to pay reasonable ettomey's fees and costs Incurred, whether or not court proceedings are In~lgated,ln addltIO," to ot~er s~ms..", ' I' I ~\' I i: < . 'i.' n<) ,'I()n~ '. ';11'."/: 1..._ I INSTAlLATION. It Is understood that Contractor may not Install said materials but that by your signature you authorize Contractor to arrange for the performance of the Installation by a quallfladlnstaller. VoiJ also authorize Contractor (1) to Issue an Installation work order with the specifications shown herein and (2) to pay the Installer upon yoiJi' execution of a completion certificate establishing that the Instal- lation has been satisfaotorllY"corTIpleted. You ,agree to',pay to Contractor the amount specified herein, which wlll cover the prices of said, materials and the Installation charge, u, ';' .',' ,,~,(,' - -.-, _. --- ' Any surplus'materlalS rem8lnl~g after completion of this jobi shall remain the property of Contractor. No credit Is due you on retums. There shall be no liability for delays in; or fellure-to complete delivery or Installation of all or any of the herein mentioned merchandise, If due to any cause'beyond Contractor's-control, including but.not limited to fire, strikes, war, governmental regulations, labor or material shortages, and weather conditions, ,'," ';,'~" This Contract and the agreement for credlt,'lfan)(shall Constitute the entire agreement between the parties, which entire agreement and specification shall not be alterEid or" modified except by written' agreement by the parties herein. IN THE EVENT THIS OFFER TO CONTRACT IS NOT ACCEPTED BY CONTRACTOR, ANY PAYMENT MADE, HEREUNDER SHALL BE REFUNDED TO THE PURCHASER(S) ANO THIS PROPOSAL SHALL BE NULLAND VOID AND OF NO EFFECT, CONTRACTOR IS NOT RESPONSIBLE FOR EXISTlNG STRUCTURAL DEFECTS, DRY ROT OR CODE VIOLATIONS, NO REPAIRING. PlASTERING, CARPENTRY OR DECORATING IS INCLUDED UNLESS SPECIFICALLY CHARGED FOR AND SPECIFIED IN WRITING HEREIN. Envlronrnental problems or haiards involving thEi resl_den~ arEi 'not the re8penslbl'lity 01 the contractor, Customershou'ld notify contrac- tor ImmedIately of any known or suspected environmental problemsoi' hazards, for example asbestos or lead paint. In the event of an environmental problem or hazard It Is the responsibility of the' customer to rectify. If not rectified, the contractor, at its sole discretion, may continue or termlnate'this contract. 30 to 45 days after date of cancellation any down payment will be refunded. ~- -~':""..,; ~.:., ' is.,;...,.,,- ..-.,., , ,.~, ,...:.:'J, '\'. ;;,'i r,o" "'C'; H't , ,!:~,' VERI FICA TION I, Deanna Murray, hereby verify that I have read the foregoing Complaint and that the information contained therein is true and correct tot he best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities, ~ DATE: ~- t? 9 - 0,;< AJ(J ~ 1tl 0 , ~ ....... B D ..0 t' ~ -- ~ Ct) 6' Y -n-'C" n-;,- ,r." ;?"', e'l - C:l Q r,,"" f.;; ~,'., ,:;:, "::J (") <',._.i S.. :CI -<.. c-~ :. ~ " {::j (') 'n J :.< g SHERIFF'S RETURN - REGULAR CASE NO: 2002-04272 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MURRAY DEANNA VS NORTHEASTERN HOME IMPROVEMENTS BRYAN WARD , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon NORTHEASTERN HOME IMPROVEMENTS OF HARRISBURG TDBA NORTHEASTE the DEFENDANT at 417 STATE STREET , at 1546:00 HOURS, on the 9th day of September, 2002 WEST FAIRVIEW, PA 17025 by handing to PETE KREPPS, PRODUCTION MANAGER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 10.35 .00 10.00 .00 38.35 So Answers: ~>'-:;;;i~':;''''"'M ~ I ...r-/oI.::>r.< ~ -~f ~ R. Thomas Kline 09/10/2002 MARK EMERY Sworn and Subscribed to before ~ me this /3 - day of ~-r,MAL., .2tJo.:L A. D. O~,., Q~~ rothonotary , By: ~ --- t-)~ I Deit9-ty Sheriff DEANNA MURRAY, Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY v. : NO. 02-4272 Civil Term NORTHEASTERN HOME IMPROVEMENTS OF HARRISBURG, INC., t/d/b/a NORTHEASTERN HOME IMPROVEMENTS, Defendant : CIVIL ACTION - LAW : JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY OF SAID COURT: KINDLY ENTER THE APPEARANCE OF RICHARD C. RUPP, ESQUIRE, AND RUPP AND MEIKLE, FOR THE ABOVE-NAMED DEFENDANT IN THE ABOVE-CAPTIONED MATTER. Date: October 9, 2002 Richard C. Rupp, Esquire Supreme Court ID No. 34832 355 North 21st Street, Suite 205 Camp Hill, PA 17011 (717) 761-3459 Attorney for Defendant .. ' CERTIFICATE OF SERVICE I, Richard C, Rupp, Esquire, do hereby certify that the foregoing document was served on the person named below by hand delivery and by placing the same in the United States Mail, Certified, First Class, Postage Prepaid on the date stated below. Mark K. Emery, Esquire 410 N. Second St. Harrisburg, PA 1710 Ri hard C. Rupp, Esquire Attorney 1.0.# 34832 355 North 21st Street, Suite 205 Camp Hill, Pennsylvania 17011 (717) 761-3459 Attorney for Defendant Dated: ID/rlue , ... o r-V ::::> ::"') ,-I g ? -0 is: rnr- ~.;\. 0~.; ~(-~~j ~~c- f;--C:' ?~, :2 o '1'1 --I ~ , i'-;'~ C' -0 ,-, 'oj :::l ~-?, .- r" ... ,~ :'2~ ~ ,,'} c,:;; DEANNA MURRAY, Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY v. : NO. 02-4272 Civil Term NORTHEASTERN HOME IMPROVEMENTS OF HARRISBURG, INC., t/d/b/a NORTHEASTERN HOME IMPROVEMENTS, Defendant : CIVIL ACTION - LAW : JURY TRIAL DEMANDED ANSWER TO COMPLAINT AND NOW, comes the Defendant, Northeastern Home Improvements of Harrisburg, In., t/d/b/a Northeastern Home Improvements, by and through its attorneys, Rupp and Meikle and Richard C. Rupp, Esquire, and files this Answer to Complaint, as follows: 1. Admitted, 2. Admitted. 3. Admitted. 4. Admitted. 5. Denied. It is denied that at the time of entering to agreement Defendant represented to Plaintiff that they would commence work in June of that year. To the contrary, Defendant's agents or employees represented to Plaintiff that depending on their schedule they would attempt to commence work in June of 2002, 6. Admitted in part and denied in part. It is admitted that work was performed in July 2002. It is denied that it was contrary to Defendant's representation. To the contrary, Defendant's averments in paragraph 5 are incorporated herein by reference. It is believed and therefore averred that Defendant's agents and employees actually started work on Plaintiff's premises in June 2002. 7. Denied. It is denied that the time Defendant commenced work it had not obtained the necessary and required permits to conduct the work required under the agreement. To the contrary, at the time Defendant commenced its work under its contracts with Plaintiff, Defendant had obtained the necessary and required permits to conduct the work that Defendant was commencing under the agreement with Plaintiff. 8. Denied. It is denied that at no time did the Defendant advise Plaintiff of its failure to obtain the necessary and required permits. To the contrary, the Defendant's averments in paragraph 7 and 8 of Defendant's Answer are incorporated herein by reference. 9. Denied. It is denied that at no time did the Defendant advise Plaintiff of its failure to obtain the necessary and required permits. To the contrary, the Defendant's averments in paragraph 7 and 8 of Defendant's Answer are incorporated herein by reference. 10, Admitted. 11 . Denied, It is denied that Defendant failed to install the air conditioning in a reasonable and workmanlike manner, such failure including exposing the air conditioning duct work throughout the home. To the contrary, the Defendant 2 was instructed by the Plaintiff that the Plaintiff wanted the air conditioning duct work exposed in Plaintiff's home despite Defendant's agents or employees advising Plaintiff that duct work for air conditioning would be exposed, 12. Denied. It is denied that Plaintiff advised Defendant of this unacceptable work on numerous occasions. To the contrary, it was Plaintiff who requested Defendant to install the air conditioning including the exposed duct work in Plaintiff's home. 13. Admitted in part and denied in part. It is admitted that Defendant has not changed the duct work installed in Plaintiff's home. It is denied that Defendant failed to correct this substandard work. To the contrary, said work was at the direction and instruction of Plaintiff, Further, Defendant's averments in Defendant's Answers in paragraphs 11 and 12 above are incorporated herein by reference. 14. Denied. It is denied that Defendant consistently failed to appear at the job site despite advising Plaintiff that they would be present. To the contrary, Defendant worked consistently at the job site and Plaintiff appeared to be confused or forgetful at certain times about Defendant's workmen having been there. 15. Denied. As Defendant was without sufficient knowledge to form a belief as to the truth of this averment it is denied and strict proof at trial is therefore demanded. 16. Admitted. 3 17. Admitted. 18. Denied. It is denied nothing under the agreement requires Plaintiff to pay any set sum prior to completion. To the contrary, in the contract dated May 8, 2002, a note provides "to be paid in Mayor June when funds are available," 19. Denied. It is denied that Defendant grossly overstated to Plaintiff the work needed on the property. To the contrary, it was Plaintiff who requested the work to be done to Plaintiff's property. 20. Denied. It is denied that Defendant grossly overcharged for the work that was to be done on Plaintiff's property. To the contrary, the Defendant charged reasonable and proper prices for the work contracted between Defendant and Plaintiff. By way of further answer, the Defendant's averments in paragraph 19 of Defendant's Answer are incorporated herein by reference. COUNT I BREACH OF CONTRACT 21. The Defendant incorporates Defendant's averments in Defendant's Answers above, Paragraphs 1 through 20 are incorporated herein by reference as if set forth at length. 22. Denied. It is denied that Defendant has breached the agreement or contract between Defendant and Plaintiff by (a) failing to obtain the required and necessary permits (b) failing to perform in a reasonable workmanlike and 4 timely manner (c) failing to act in good faith and with fair dealing, To the contrary, the Defendant has not breached the agreement by failing to obtain the required necessary permits or failing to perform in a reasonable workmanlike and timely manner or failing to act in good faith and with fair dealing. The Defendant obtained required permits, performed in a perform in a reasonable workmanlike and timely manner and acted in good faith and with fair dealing. Further, it is believed that another contractor contracted with Plaintiff, interfering with the contract between Plaintiff and Defendant and took over the work to be done by the Defendant. It is further believed that the Plaintiff has breached the contract with Defendant when Plaintiff terminated the contract with Defendant and obtained another contractor to perform same or similar work as provided under the contract. WHEREFORE, Plaintiff respectfully requests this honorable court to enter for judgment in favor of Defendant and against Plaintiff and further award interest, cost of suit and reasonable attorneys' fees. COUNT II NEGLIGENCE 23. The Defendant incorporates Defendant's averments in Defendant's Answers above. Paragraphs 1 through 22 are incorporated herein by reference as if set forth at length, s 24. No answer is required as the averments in paragraph 24 of Plaintiff's Complaint constitute a conclusion of law to which no answer is required. 25. Denied. No answer is required as the averments in paragraph 25 of Plaintiff's Complaint constitute a conclusion of law to which no answer is required, To the extent that an answer is required, it is denied that Defendant has breached such duty be failing to install the air conditioning to the standard degree of workmanship. To the contrary, the Plaintiff specifically directed Defendant to install the air conditioning duct work at the Plaintiff's residence the way the Defendant installed it. Therefore, Defendant has not breached any duty to perform in a reasonable workmanlike manner. Furthermore, the only duties that Defendant had were under the contract or contracts between Defendant and Plaintiff, Further, Defendant incorporates its averments in Defendant's Answers in paragraphs 1 through 24 herein by reference as if set forth at length. 26. Denied. It is denied that due to Defendant's breach of such duty that Plaintiff has suffered damages, To the contrary, Defendant has not breached any duty and has not breached any contractual duty to Plaintiff nor has Plaintiff suffered damages. Defendant was performing the contractual terms of the contract between Defendant and Plaintiff when Plaintiff terminated the contract in breach of the said contract. It was Plaintiff who breached the contract between Defendant and Plaintiff when it is believed Plaintiff contracted with another contractor to perform the same or similar work to be provided under the ~ contract by Defendant. Further, Defendant incorporates its averments in Defendant's Answers in paragraphs 1 through 25 herein by reference as if set forth at length. 27. No answer is required as the averments in paragraph 27 of Plaintiff's Complaint constitute a conclusion of law to which no answer is required. To the extent that an answer is required, Plaintiff's count is for negligence and the Plaintiff has already sued for contractual breach of contract and therefore the negligence count cannot stand. Furthermore, it is denied that there was any breach of duty or resulting negligence by Defendant. To the contrary, Defendant was not negligent and Defendant incorporates its averments in Defendant's Answers in paragraphs 1 through 26 herein by reference as if set forth at length. WHEREFORE, Plaintiff respectfully requests this honorable court to enter for judgment in favor of Defendant and against Plaintiff and further award interest, cost of suit and reasonable attorneys' fees. COUNT III NEGLIGENT MISREPRESENTATION 28, The Defendant incorporates Defendant's averments in Defendant's Answers above, Paragraphs 1 through 27 are incorporated herein by reference as if set forth at length. ? 29. Denied, It is denied that Defendant made materially false representations to Plaintiff regarding Defendant ability to perform in a reasonable workmanlike manner, ability to perform in a timely manner, the nature and extent of the work needed to be done on the premises and the ability and intention to acquire the required necessary permits. To the contrary, Defendant did not make any materially false representations to Plaintiff regarding Defendant's ability to perform in a reasonable workmanlike manner, ability to perform in a timely manner, the nature and extent of the work needed to be done on the premises and the ability and intention to obtain the required necessary permits. Further, the Defendant did perform in a reasonable and workmanlike manner. The Defendant installed the air conditioning duct work in an alternative manner at the specific direction of the Plaintiff. Further, the Defendant did perform in a timely manner, although the Plaintiff seemed to be forgetful or confused about when Defendant's work personnel were present at Plaintiff's premises, It was the Plaintiff who directed Defendant what work Plaintiff wanted done at Plaintiff's premises, The Defendant did not tell Plaintiff what work should be done at Plaintiff's premises and Defendant obtained those permits which were necessary. Furthermore, it is averred by the Defendant that the Plaintiff breached the contract with Defendant when Plaintiff terminated the contract in order to enter into a contractual relationship with another contractor for the same or similar work to be performed at Plaintiff's premises, 8 30. The averment in Plaintiff's Complaint appears not to state a fact but rather a legal conclusion to which no answer is required. To the extent that said averment requires an answer, it is denied that Defendant made any material misrepresentations to Plaintiff, To the contrary, Defendant was acting reasonably and in a fair manner with Plaintiff at all times and made correct representations to Plaintiff at all relevant times. 31. Denied. It is denied that Defendant make any material misrepresentations to Plaintiff. To the contrary, Defendant did not make any material misrepresentations to Plaintiff and Defendant incorporates its averments in Defendant's Answers in paragraph 30 herein by reference as if set forth at length. It is denied that Plaintiff has suffered any damages as a result of Defendant's conduct or that Plaintiff continues to suffer damages. To the contrary, Plaintiff has not suffered any damages or continues to suffer damages by reason of Defendant's work. To the contrary, Defendant performed its contractual work that it was able to perform in a workmanlike and reasonable manner until Plaintiff terminated the contract and breached the contract with Defendant, WHEREFORE, Plaintiff respectfully requests this honorable court to enter for judgment in favor of Defendant and against Plaintiff and further award interest, cost of suit and reasonable attorneys' fees. , COUNT IV UNFAIR TRADE PRACTICES ACT 32. The Defendant incorporates Defendant's averments in Defendant's Answers above. Paragraphs 1 through 31 are incorporated herein by reference as if set forth at length. 33. No answer is required as to the averments in paragraph 33 of Plaintiff's Complaint as they constitute a conclusion of law and no answer is required. To the extent that an answer may be required the averments are denied. It is denied that Defendant's conduct as more fully stated above constitutes unfair and/or deceptive acts or practices in that Defendant represented that its services had characteristics, uses or benefits that they do not have; representing that its services were of a particular standard or quality which they were not; knowingly misrepresenting that its services and repairs were needed when they were not; and engaging in other fraudulent and/or deceptive conduct which created a likelihood of confusion and misunderstanding, To the contrary, the Defendant's conduct was completely reasonable, fair and forth right. Further, the Plaintiff informed the Defendant what services the Plaintiff wanted performed to her premises and the Defendant did not engage in any conduct which was fraudulent, deceptive or had the likelihood of creating confusion or misunderstanding. Furthermore, it is believed that the Plaintiff breached her contract with Defendant in order to enter into another contract for the same services or similar services with another contractor, 10 WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter for judgment in favor of Defendant and against Plaintiff and further award interest, cost of suit and reasonable attorneys' fees. RESPECTFULLY SUBMITTED, RUPP AND MEIKLE BY: Date: / 0 It Cf t 6l---' , " VERIFICATION I, Richard C. Rupp, Esquire, am the attorney for the Defendant and verify the statements made in the foregoing Answer are true and correct to the best of my knowledge and information based on information provided by Mark Kerlin, President of the Defendant. Further, Mark Kerlin could not be found in the Court's jurisdiction to obtain his signature to this Verification and the undersigned is signing by reason of his unavailability in time for signing the Verification and filing the foregoing pleading, I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4909 relating to unsworn falsifica . Date: (6 J 1<0 tOY CERTIFICATE OF SERVICE I, Richard C. Rupp, Esquire, hereby certify that on the date below, I served a true and correct copy of the foregoing document on the following person, by depositing same in the United States mail, postage prepaid, addressed to: Mark K, Emery, Esquire 410 N. Second Sf. Harrisburg, PA 17101 Date: /0 I (<g ;;":)7 ___ I L- v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 602 - "-I~7~ C/t)lL '--r~vY\ CIVIL ACTION - LAW DEANNA MURRAY PLAINTIFF NORTHEASTERN HOME IMPROVEMENTS OF HARRISBURG, INC.. tdba NORTHJ::ASTERN HOME IMPROVEMENTS DEFENDANT JURY TRIAL DE:v1ANDED PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: Kind!y withdraw my appearance on behalf of the Plaintiff, Deanna Murray. in the above. caPtioned matter, and enter the appearance of Deanna Murray. acting pro se. LAW OFFICES OF MARK K, EMERY By: DATED: / -r; 0 '1 Kindly enter my appearance in the above-captioned action, acting pro se, DATED: 1- J 1-0 " I~~ #J ' Deanna Murray 7 33 Millers Gap R ad Enola, PA 17025 (717) 766-3433 CERTIFICATE OF SERVICE AND NOW, this 23rd day of January, 2003, I, Mark K, Emery, Esquire do hereby certify that I have served the foregoing Praecipe to Withdraw Appearance by mailing a true and correct copy via United States first class mail, addressed as follows: Deanna Murray 33 Millers Gap Road Enola, PA 17025 And Richard Rupp, Esquire 355 N, 21st Street, Suite 205 Camp Hill, PA 17011 LAW OFFICES OF MARK K, EMERY By: ~?---- .7 Mark K, Emery // ~"..-/ ~' ,- 0 Cl , -, c: (J...) I ~;'" c_ -0 .-.... I ..;- rn C ~f: " r--.) (1) .,- --: ,C ~ '- ~.....c~ ~r;~ 1;= ;0 > C~_ :.....-) ~ ,"V ~L1 _-..J -<-