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Home My WebLink About95-06552 " . BA'ITERSBY LAW OfFICE 20 W. M.in SIreet Fairfield. PA 11320 IN THE COURT OF COIOION PLEAS COUJI'l'Y OF CUMBBRLAIID COIIMOII1fEALTH OF PBJOISYLVAIIIA CIVIL ROBBR'l' S. LBFEVER, . . plaintiff . . . . vs. . . . . muons d/b/a . . SDS CUS'l'Oll HOIIBS . . Defendant . . No. 95- ~5-~;) c(~ \:12?111 civil Action Law ..mICB TO DBFBIID AND CLAI" RIGH'l'S You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by an attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property important to you. !I YOU SHOUW TAKE THIS PAPER TO YOUR LAWYER AT OIICB. IF YOU ,; DO NOT HAVE A LAWYER OR CAIIIIO'l' AFFORD ONE, GO TO OR TELEPHONE I, THB orrICB SET FORTH BBLOIf TO FIND OUT IIHBRIl YOU CAlI GET LBGAL I HBLP. Court Administrator Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Phone number: (717) 240-6520 ....... '. I' q I ;1 Ii I II ~ i ,i IN TIlE COURT OF COMIION PLEAS COUNTY OF CUMBBRLAIfD COIIIIOII1IEAL'l'II OF PEIfIISYLVAIIIA CIVIL ROBERT S. LBFEVER, . . Plaintiff . . . . VB. : . . ED HOWES d/b/a . . 80s CUS'l'al HOlES : Defendant . . No. 95- civil Action Law AND NOW, this COMPLAINT Ic'\\.. ~ day of November, 1995, comes Robert S. Ii i Lefever, and through his attorney, Tracy M. Sheffer, by and files this Complaint and in support thereof alleges the following: 1. Plaintiff is Robert S. Lefever, an adult individual i residing at 661 Knox Road, Gettysburg, Pennsylvania 17325. 2. Defendant is Ed Lowes, d/b/a SBS Custom Homes, who iB an adult individual in the general construction business with a principal place of business in Bel Air, Maryland. 3. Defendant employed Plaintiff beginning in August, 1994 ,i to do carpentry at various homes Defendant was building at 'I I I Redwood Hills Circle in Middlesex Township, Cumberland County, II ;i !! Pennsylvania. 4. Defendant agreed to pay Plaintiff per lineal foot or per item for each job. ...... . Ii ,I it 5. Plaintiff completed work on the following jobs and billed Defendant accordingly. Said invoices are in accordance with the price quoted to Defendant by Plaintiff. Said invoices total $5,161.10. See the itemized list of invoices marked Exhibit "A" and attached hereto. 6. Plaintiff performed all work in a workmanlike manner. 7. Plaintiff performed work to the satisfaction of Defendant. Defendant has made no complaints regarding :: Plaintiff's work. !i , ~ i 8. Plaintiff has made several demands on Defendant for j: :* payment. No payment has been received. WHEREFORE, Plaintiff prays for judgment against Defendant :! , in the amount of $5,161.10, plus costs, and any other relief the Court deems proper. ii I II ! Respectfully submitted by: OI,,"m,SNn ~ acy , Esq. .0. 56592 20 West Main Street P.O. Box 215 Fairfield, PA 17320 (717) 642-6260 Attorney for Plaintiff - 2 - .' II II \' 11 :i I I I, 'i are true and correct. :1 , \l VERIPICATION I verify that the statements made in this complaint I understand that false statements Pa. C. s. herein are made subject to the penalties of 18 il ii Ii 14904, relating to :I Ii ,i I Ii Ii I: " iI I I ,I II I ~ I " 'I Ii Ii ,I II II Ii I, ;1 II I Ii l! p II ,; I I unsworn falsification to authorities. ~</, Robert . fever Dated:.LL0V. /.t , 1995 - 3 - - ITEMI~!D LIST OF JOB INVOICES R. S. LEFEVER : BUILDER Sept. 27, 19n - Job: p-n-o' Ifinal carpentry) U192.00 Sept. 28. 19n - Jobl p-n-02 lluale closet) U 50 . 00 Sept. 28, 199' - Job: P-9'-02 lcedar closet) 1200.0Ci Nov. 2.\, 199' - Job: P-9'-OJ lporch colllNlsl U138.00 Nov. 21, 19n - Job: P- 93-13 Ireplace porch rails) 190.00 Nov. 21. 199' ' Job: P-9'-06 Icabinet install) UI00.00 Nov. 21, 199' - Job: P-9'-07 I carpentry) 1525.00 Jan. 13. 1995 - Job: P-9'-06 Ifinal carpentry) 1766.10 TOTAL ---------------------------- 15161.10 . I Ilree to the above itemizad list of outstandinl bills. I pledle to pay these amounts in full at the earliest possible date. S.B.S. Homes EXHIBIT "A" , '00 ~ >->- \\ 1Io ~ "'I- Q - ~~.I :e IU(...~_ ~ (.);r Cl:;~ In ~~~:: G~ ... ~~~'~ ~, - ~:Q:~tll I,..Jc..4:~ ~'v) -=lo:lUL;j <.c l.o.. ;,cilia. - ,. :0. ::> ... ~~(j 0Cl0 == . . Se le avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso 0 notificacion por cualquier dinero reclamado en la demanda 0 por cualquier otra queja 0 compensacion reclamados por el Demandante. USTED PUEDE PERDER DlNERO, 0 PROPIEDADES U OTROS DERECHOS IMPORTANTES pARA USTED. LLrn: ISTA DZllANDA A UN ABOOAIlO INlDDIATADNTI. SI USTJID NO TIINI 0 NO CONOCI UN ABOOAIlO, VAYA 0 LLAD A LA OrICINA IN LA DIIlICCION ISCRITA ABAJO PARA AVlRIOOP DONDI PUJOl OBTINIR ASISTINCIA LlGAL. Lawyer Referral Service York County Bar Association York County Bar Center ~37 East Market Street York, pennsylvania 17401 Telefono No, (717) 854-8755 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT S. LEFEVER, plaintiff NO. 95-6552 Civil Term v. ED HOWES d/b/a SBS HOMES, Defendant Civil Action - Law AHSWBR AND NOW, this I~~ of January, 1996, comes Ed Howes t/d/b/a SBS Homes, by and through his Attorney, Jody N. Anderson, Esquire, and files this Answer stating the following: 1. Admitted. 2. Denied. Ed Howes does not trade and do business as SBS Homes. To the contrary, he is the president of a corporation which is engaged in the general construction business which is known as Superior Building Systems, Inc. t/d/b/a SBS Homes. Ed Howes individually does not engage in such business; only in his capacity as President of Superior Building Systems, Inc. For purposes of answering the Complaint, the term Defendant where used in Plaintiff's Complaint shall mean Superior Building Systems, Inc. t/d/b/a SBS Homes. 3. Admitted. 4. Denied, Defendant agreed to pay plaintiff per job. 5. Admitted in part. Denied in part. It is admitted that Plaintiff completed the following jobs: P-94-04 (final carpentry), porch rails), P-94-06 (cabinet install) and P-94-07 (carpentry). It is denied that Plaintiff completed Job No. P-94-06 (final carpentry) and Job No. P-94-03 (porch columns) because Plaintiff abandoned these jobs and never returned to the site. As a result, Pl~intiff improperly sent Defendant invoices for jobs P-94-06 and P-94-03 and Plaintiff is not owed $766.10 and $1,138,00 respectively for such jobs. 6 . Admi t ted in part. Denied in part, Work which was actually performed by Plaintiff was satisfactory, however, Plaintiff failed to complete two jobs. 7. Admitted in part. Denied in part. Plaintiff's work was .atisfactory, however, Plaintiff failed to complete two jobs for Defendant and Defendant was required to have another carpenter complete these jobs. 8. Denied. Defendant has fully paid Plaintiff for the following jObSI P-94-04 (final carpentry), P-94-02 (garage closet), P-94-02 (cedar closet), P-93-13 (replace porch rails), P- 94-07 (carpentry) and P-94-06 (cabinet install). Defendant has paid $3,257.00 to plaintiff for the above jobs. Further, Defendant does not owe Plaintiff for jobs P-94-03 (porch columns) and P-94-06 (final carpentry) because Plaintiff walked off of these jobs and refused to return to complete the job. WHEREFORE, Defendant requests this Honorable Court enter judgment against Plaintiff and in favor of Defendant. 2 NBW MATTBR 9. Paragraphs 1 through B are incorporated herein as though fully set forth at length, 10. Plaintiff is not entitled to be paid for Job No. P-94-03 (porch columns) and P-94-06 (final carpentry) because Plaintiff walked off of the job and retused to return to complete the job. 11. Because of Plaintiff's own conduct, Defendant is not contractually bound to pay Plaintiff for these jobs. COUNTBRCLAIM 12. Paragraphs 1 through 11 are incorporated herein as though fully set forth at length. 13. Plaintiff walked off of Job No, P-94-03 (porch column) and P-94-06 (final carpentry) and refused to return to complete the job. 14, As a result of Plaintiff's failure to complete the job, Defendant was required to hire another carpenter at a total cost of $762.00. 15. As a result of Plaintiff's defective work, Defendant was required to hire a carpenter to repair Plaintiff's defective work at a cost to Defendant of $762.00, WHEREFORE, Defendant requests this Honorable Court enter judgment in favor of Defendant and against Plaintiff in the amount of $762.00, plus interest, 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT S. LEFEVER, Plaintiff NO, 95-6552 civil Term v. ED HOWES d/b/a SBS HOMES, Defendant Civil Action - Law IMPORTANT NOTICB TO: Plaintiff, Robert S. Lefever c/o Tracy Sheffer, Esquire Battersby Law Office P.O. Box 215 20 W. Main Street Fairfield, PA 17320 YOU UIl IN D.I'AULT B.CAUS. YOU RAW I'AILBD TO TAKB ACTION UgUIRIID 01' YOU IN THIS CAS.. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TU. THIS NOTIC. TO A LA1fY'IR AT ONC.. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE OF THE YORK COUNTY BAR ASSOCIATION York County Courthouse 137 East Market Street York, PA 17401 Telephone: (717) 854-8755 STOCK AND LEADER Date: ,- 7~.L d rson, Esquire Supr Court 1.0. #69573 35 South Duke Street P. O. Box 5167 York, PA 17405-5167 Telephone (717) 846-9800 Attorney for Defendant I HEREBY CERTIFY that I have mailed the within Notice to the Defendant at the address stated in the Pleadings by egular mail on May 29, 1996. May 29, 1996 BY: .... III TII. COURT or CCIIIIOII PLBAS COUMTY or CUMBBRLAMD COIIICIIMBALTII or PIIOISYLVANIA CIVIL ReIDT S. LBrBVBR, plaintiff 110. 95-6552 civil Tera v.. supaIOR IIUILDIIIG SYSTIlIIS, IIIC. Defendant civil Action LaW IIOTIC. TO D.rIJlD AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and Notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property important to you. YOU SHOULD TAD TIllS PAPa TO YOUR LAIIY_ AT OIIC.. IF YOU DO 110'1' HAW A LAIIY_ OR CAIIIIO'l' APfORI) 011., GO TO OR ~ 'l'U OrrIC. SII'1' POR'ftI IBLOW TO rIIfD OUT tIHBU YOU CAlI Oft !.mAL IIBLP . Court Administrator cumberland county Courthouse 1 Courthouse square carliSle, PA 17013 Phone number: (717) 240-6520 BATI'ERSBY . SHEFFER AlTORNEYS AT LAW 2lIW,MaI.SlRcI Falrfltld, PI. 17320 - VBRIPICATIOIf IIl1rlllll&'D 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. 84904, relating to unsworn falsification to authorities. ~ dV ~>t' Robert . Lefever Dated I ~ ~ , 1996 ('I , (,' .. I" " ,- I" ,:" t~ . , , , , , ',' , i.. 1 r; . . . '. . , \i; , , ,.. ,- BA1TERSBY II SHEFFER AntIKNEYS AT UW :10 W, Mala SImI FIbftoId.'A 173:10 .:I ~ Q .. e- o):) .:t ,,'0)- :II: O~ Q. (;)~ <<:) :;~ - rr :E :;I: 11.1 iOl Il.l~ 'S t!:i <n a 0'\ ~ I ;.' " ,. (-. " (i~ t:' " ~t. r r ~ ;: ~t, r ,.. ~~ 1.'- , I .. i~ ... IATIERSIY Ie SHEFfER IlITORNIlYS AT LAW :lOW, MIl._. I'IUftoId, PA 173:10 1:I0s. _ A..... ......h'l .. MD 21727 ~ I verify that the statements made in this Answer to counterclaim are true and correct. I understand that false statements herein are made subject to penalties of 18 PA C.S. section 4904, relating to unsworn falsification to authorities. ~=r ') " r" :1 ..- , . . , " , : ,~ Dat~: :Juno> ,!" 1996 ,-;._;----._.-._~. -- - ----~- .. i;; g .. Si I ~ :c ~ ~, a - !i ffi ~ UJ ~ LO C} en ~ f.2 I~'\O ...' t t;, i;', ~: \" r IATrERSBY II SHEFFER ATIOIHIlYS AT UtoW 2OW, WaiD_ NIIleId,'A \7320 IN THB COURT or COIDION PLEAS OP CUMSBRLAIID COUNTY COIIMOIl1fBALTH OF PBJOISYLVAIIIA CIVIL ACTION LAW ROBERT S. LIlPBVBR, . . plaintiff . . . . v.. . . . . SUPERIOR BUILDING . . SYSTBIIS, INCORPORATED . . Defendant . . 95-S-6552 civil Action CONsmrr TO AIIEIID COMPLAINT : Pursuant to P.R.C.P. 11033 I, Jody Anderson, Esq., , attRtney for SBS Homes hereby consent to the Amendment of the , Complaint to modify the caption and Paragraph 2 to state that . the'Qefendant is superior Building Systems, Inc. , :'~} " . ~ 010 " ~ "" ~ Q .. '~5 .:t' ;~~ if :..J "f C) i - ~ "" \0 ;$ ~ u