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Home My WebLink About96-00132 i- f ! , i J . ;:!9 I l... tt et- a Jj 11 #I; /' ;!i"" I , j I " , J ~' rg <V) - I -9 ''J! 0- "j , . " ~ 4i VICTOR H. STOFFER t/a STOFFER'S CONSTRUCTION, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-132 Civil Term v. MARY H. BAUER, CIVIL ACTION - LAW Defendant JlOTIOIf TO COJlPBL DI8COVBRY 1. This breach of contract claim arises from renovations that Plaintiff performed to two apartments owned by the Defendant located at 425 Haldeman Avenue, New Cumberland, Pennsylvania. 2. On November 6, 1995, Plaintiff completed the remodeling work and mailed his bill for services to the Plaintiff. 3. On November 10, 1995, Defendant presented the Plaintiff with two checks in the amount of $2,500.00 as partial payment for the services rendered by the Plaintiff. Before the Plaintiff could negotiate the checks, the Defendant had issued stop payment orders to her bank and the checks were not honored. 4. In her Answer and Counterclaim, the Defendant avers that the Plaintiff's work was not properly performed and that she was required to have another contractor complete the project. 5. On March 13, 1995, Plaintiff's counsel requested that the Plaintiff and Plaintiff's counsel be permitted to inspect the premises and take photographs for the purposes of discovery. A true and correct copy of the letter of March 13, 1996 requesting an inspection of the premises is attached hereto as Exhibit "A" and incorporated herein by reference. . VICTOR H. STOFFER t/a . IN THE COURT OF COMMON PLEAS OF . STOFFER'S CONSTRUCTION, . CUMBERLAND COUNTY, PENNSYLVANIA . Plaintiff . . . . v. . NO. 96-132 . . . MARY H. BAUER, CIVIL ACTION - LAW Defendant . . INTERROGATORIES DIRECTED TO DEFENDANT TO: Mary H. Bauer c/o CHARLES A. STONE, ESQUIRE, Attorney for Defendant . .. De:finitions. The following definitions are applicable to these standard interrogatories: "Document" means any written, printed, typed, or other graphic matter of any kind or nature, however produced or reproduced, including photographs, microfilms, phonographs, video and audio tapes, punch cards, magnetic tapes, discs, data cells, drums, and other data compilations from which information can be obtained. "Identify" or "Identity" means when Used in reference to __ (1) A natural person, his or her: (a) full name; and (b) present or last known residence and employment address (including street name and number, city or town, and state or country); Exhibit "B" . . , , .. (2) A document: (a) its description (e.g., letter, memorandum, report, etc.), title, and date; (b) its subject matter; (c) its author's identity; (d) its addressee's identity; (e) its present location; and (f) its custodian's identity; .. , (3) An oral communication: (a) its date; (b) the place where it occurred; (c) its substance; (d) the identity of the person who made communication; the (e) the identity of each person to whom such communication was made; and (f) the identity of each person who was present when such communication was made; (4) A corporate entity: (a) its full corporate name; (b) its date and place of incorporation, if known; and (c) its present address and telephone number; 2 . . . privilege or immunity asserted and provide sufficient information to substantiate the claim. (3) Option to produce documents. In lieu of identifying documents in response to these interrogatories, you may provide copies of such documents with appropriate references to the corresponding interrogatories. WIX, .. By: Esqu re 4705 Duke street Harrisburg, PA 17109 (717) 652-8455 4 1. state: (a) Your full name; (b) Each other name, if any, which you have used or by which you have been known; (c) The name of your spouse at the time of the accident and the date and place of your marriage to such spouse; (d) The address of your present residence and the address of each other residence which you have had during the past five years; (e) Your present occupation and the name and ad~res.s of your employer; (f) Date of your birth; (g) Your Social Security number; (h) Your miliary service and positions held, if any; and (i) The schools you have attended and the degrees or certificates awarded, if any. 5 . . 2. If you are covered by any type of insurance, any excess or umbrella insurance, that applicable to the incident in this matter, following with respect to each such pOlicy: (a) The name of the insurance carrier which issued the policy; including might be state the (b) The named insured under each policy and the policy number of each policy; (c) The type(s) and effective date(s) of each policy; (d) The amount of coverage provided for injury to each person, for each occurrence, and in the aggregate for each policy; and . (e) Each exclusion, if any, in the policy which is applicable to any claim thereunder and any reasons, if any, why you or the carrier claim the exclusion is applicable. ., . 6 . . , . . 12. Identify each expert you intend to call as a witness at the trial of this matter, and f10r each expert state: . (a) The subject mater about which the expert is expected to testify; and (b) The substance of the facts and opinions to which the expert is expected to testify and a summary of the grounds for each opinion. (You may file as your answer to this interrogatory the report of the expert or have the interrogatory answered by your expert. ) .. 16 . . . '" CERTIFICATE OF SERVICE AND NOW, this day of March, 1996, I, Girard E. Rickards, Esquire, of the firm of Wix, Wenger & Weidner, hereby certify that I have served a copy of Interrogatories Directed to Defendant on this date, by depositing a copy of the same in the United states mail, postage prepaid, in Harrisburg, Pennsylvania addressed as follows: .. Charles H. stone, Esquire stone, LaFaver & stone 414 Bridge street, P.O. Box E New Cumberland, PA 17070 WIX ,_ W,NGER & WEIDNER ."~~~Uire I.D. #58867 4705 Duke street Harrisburg, PA 17109-3099 (717) 652-8455 . . . VICTOR H. STOFFER t/a STOFFER'S CONSTRUCTION, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 96-132 MARY H. BAUER, CIVIL ACTION - LAW Defendant REOUEST FOR PRODUCTION OF DOCUMENTS TO: Mary H. Bauer c/o Charles A. stone, Esquire, Attorney for Defendant .. AND NOW, this /3+h day of March, 1996, pursuant to Pennsylvania Rules of civil Procedure 4009, as amended, come(s) the Plaintiff by his counsel, Girard E. RickardS, of WIX, WENGER & WEIDNER and request(s) said party to produce for inspection, examination and copying, at the law office of WIX, WENGER & WEIDNER counsel for the requesting party, not later than thirty (30) days after service of this Request, the following documents: 1. The Expert Report of any expert that you expect to call at the trial of this matter. 2. Any curriculum vitae or resume for any expert that you expect to call at the trial of this matter. 3. Any photographs, pictures, diagrams or other physical evidence in your possession or the possession of your attorney relating to the work performed by the Plaintiff as said work is defined in the p~aintiff's Complaint and the Defendant's Answer and Counterclaim. Exhibit "e" 4. All documents relating to the rental of the apartments located at 425 Haldeman Avenue, on which the Plaintiff performed renovations, including, but not limited to any and all leases that were in effect for the four year preccding 1995. 5. Any and all documents relating to the rental of the apartments located at 425 Haldeman Avcnue on which the Plaintiff performed renovations, including, but not limited to any and all leases entered into following the completion of the Plaintiff's ~ work upon said premises. 6. Any and all estimates for repair and/or completion of the work on the premises, whether those estimates were accepted or not. This Request for Production of Documents shall be considered a continuing Request. (~: As referred to herein, "documents" includes written, printed, typed, recorded, or graphic matter, however produced or reproduced, including correspondence, telegrams, or written communications, data processing storage units, tapes, contracts, agreements, notes, memoranda, analyses, projections, diaries, calendars, films, photographs, diagrams, drawings, minutes of meetings, or any other writing (including copies of any of the foregoing, regardless of whether you are now in the possession, custody or control of the original) now in the possession, custody or control of you, your former or present counsel, agents, employees, officers, insurers, or any other person acting on your behalf). DATE: 'Q1(1.A.(Jl13 \Q9(:, BY: I CIRTI.ICATB O. 8BRVICB AND NOW, this lei- day of )rlrl..lJ ' 1996, I, Girard E. Rickards, Esquire, of the firm of Wix, Wenger & Weidner, hereby certify that I have served a copy of Plaintiff's Motion to Compel Discovery on this date, by depositing a copy of the same in the United states mail, postage prepaid, in Harrisburg, Pennsylvania addressed as follows: David H. stone, Esquire stone, La Faver & stone 414 Bridge Street, P.O. Box E New Cumberland, PA 17070 By: WI'$,/WIJiGER & WE.JD!fER /.' / Gf~: ~;. -> rard E. R ckards, Esqu re IDI 58867 4705 DUke street HarriSburg, PA 17109-3099 (717) 652-8455 . 4 " '" '~ i , " , r' ~ " '1 i ~ uJ :z Cl - ~ ~ i;; ~ ~ ~ ~ I;; ~ 8 ~ uJ 7. is C) S "' :z , R u' uJ :;: of " ~ ~ J1 X it ~ ~ , . ,. .. " . . . . ", ! I 1:, C\ C\ o <'l C\ o R g ~ ~ 7. ~ ~ ... ~ ~ ;,; ~- ~I~~ 7. ,,~ Ul -;: a.. ~o u :J '" I- . . . . , pd'rpl\b.u.r'V1C'~_11 ," VICTOR H. STOFFER, tla STOFFER'S CONSTRUCTION, Plaintiff I IN THE COURT OF COMMON PLEAS OF I CUMBERLAND eOUNTY, PENNSYLVANIA I I I I I I v. NO. 96-l32 CIVIL TERM MARY H. BAUER, CIVIL AeTION LAW Defendant RBPLY TO PLAINTIPP'S NOTION TO COMPEL DISCOVERY , --I AND NOW comes the defendant, Mary H. Bauer, by and through her attorneys, Stone LaFaver , Stone, and replies to plaintiff's Motion to Compel Discovery as follows. 1. Admitted. 2. Denied. It is denied that plaintiff completed the work. 3. Admitted. 4. Admitted. S. Admitted. 6. Admitted. 7. Denied. The interrogatories and request for production of documents have been in the possession of the defendant for only a littls over a month. Defendant ie endeavoring to complete the inter- rogatories and request for production of documents in a timely manner. By way of further response, the informal request of the plaintiff to inspect and photograph the premises has no basis in law and the -l- " , " , , I .., , pcI\aJ..\l..rvic..cer r c..... lurlCAft OP ARllVICE I, David B. Stone, Esquire, of the law firm of Stone LaFaver , Stone, attorneys for Defendant, Mary B. Bauer, do certify that on this date I served the within instrument on Plaintiff and Plaintiff's counsel of record by first class mail, postage prepaid, a true and correct copy addressed as follows: Girard E. Rickards, Esquire Wix, Wenger , Weidner 4705 Duke Street Harrisburg, PA 17109 e DATE: 5' ~? ~'1' >. c') ~r. (; ," ('J -, luf: ,eo.,) : j ..- ,,). .. r' . 1'-" ,,' " t:: .:. it': (J: ;: ~t - ;:':I) ( , fJ;~ (~:) _HI 'I'.: Lt.: ' ~ ~ -,. (.if:.: , : " I' ",I ,,- -.j .:"\..:.... Ll .n :3 1.-it U ~ . " ~ '0 L...:., --...:::.t- y--, .)$ .~ ~ ~ - - '. '(;!.. I"') ~ ';:;-.. I.J ''-.} Q --..... ".... "I, ... r-- o..j ....... . - '- \J... ....~,- '~(~~ ~ C\ uJ g: :z <'l Cl g PJ ~ 1-;; R. :i: :s ::J:S ~ " '" 7. "':;t ~ '( &;:( ~ ~ ~8~~I'~ uJZ"7.~~ C) D1 Q 7. ,,:i :z 0 IfI uJ r:: c:: ~ 0 p. "0 i:W ~ ~ u' ~ :i: ~ ~ . '" l- X :!l ::- " X " ;.- i " J ,11 t: I ......0 ....M ... II ~. . u :- ~ e .S ,11 ...:l .-i ....... 'M ....rn J > at: k . fill 'M ... 0 - III I t: ..rJi'fi !: u UltJ ::l 0 ,11 'M ml: . rn 0:1 I ... N :1:- U M k . ..; ..... kill :I: I I '" I 0.... .-i \D ....... t' 'M 0\ U 0 > Si" - 'M ... ,11 'M I >Ul :E tJ I If I I I '" 'I . , " " , , I, I ! I , II j r : I j , i. ... , '" . il- " . and the Plaintiff is not entitled to do the same..." (Reply, paragraph 7). 6. Pa.R.C.p. 4009(a)(2) provides that any party may serve upon any other party a request to permit entry upon designated land or other property in the possession or control of the party upon whom the request is served for the purpose of inspecting, measuring, surveying, photographing, testing, or sampling the property or any designated object or operation thereon within the scope of Rules 4003.1 through 4003.5 inclusive. 7. Two of the principal issues in this lawsuit are the quality of work performed by the Plaintiff on the premises and the necessity for the Defendant's obtaining other contractors to complete and/or modify the renovations to the premises. 8. The condition of the premises is a central issue in this lawsuit and therefore relevant and within the scope of discovery as provided by Rules 4003.1 through 4003.5 inclusive. WHEREFORE, Plaintiff, Victor H. Stoffer t/a stoffer's Construction, respectfully requests your Honorable Court to enter an Order compelling the Defendant to provide full and complete Answers to Interrogatories, to provide the documents requested in the Plaintiff's Request for PrOduction of Documents and to permit 2 the Plaintiff to inspect and photograph the premises referred to in the Plaintiff's Complaint within twenty (20) days of the date of this Order or suffer sanctions as provided in Pa.R.C.P. 4019. Respectfully submitted, WIX, re 4705 Duke street Harrisburg, PA 17109 (717) 652-8455 3 pd\~L\bau.r.vic\'_" VICTOR H. STOFFER, tla STOFFER'S CONSTRUeTION, Plaintiff Defendant I IN THE COURT OF COMMON PLEAS OF I CUMBERLAND COUNTY, PENNSYLVANIA I I I NO. 96-l32 CIVIL TERM I I CIVIL ACTION LAW I v. MARY H. BAUER, UPLl' TO PLAIII'Ur.' I KOTIOK TO COKP.L DIICOVWRl' AND NOW comes the defendant, Mary H. Bauer, by and throuqh her attorneys, Stone LaFaver , Stone, and replies to plaintiff's Motion to Compel Discovery as follows. 1. Admitted. 2. Denied. It is denied that plaintiff completed the work. 3. Admitted. 4. Admitted. S. Admitted. 6. Admitted. 7. Denied. The interroqatories and request for production of documents have been in the possession of the defendant for only a little over a month. Defendant is endeavorinq to complete the inter- roqatories and request for production of documents in a timely manner. By way of further response, the informal request of the plaintiff to inspect and photograph the premises has no basis in law and the -l- pd'-i.'l..rvlc..c.~ , . t.,;':--.urlCATB OJ' fillP.'DVlCR I, David H. Stone, Esquire, of the law firm of Stone LaFaver , Stone, attorneys for Defendant, Mary H. Bauer, do certify that on this date I served the within instrument on Plaintiff and Plaintiff'. counsel of record by first class mail, postage prepaid, a true and correct copy addressed as follows: Girard E. Rickards, Esquire Wix, Wenger , Weidner 4705 Duke Street Harrisburg, PA 17109 e DATE: ~, l.'" VIeTOR H. STOFFER, tla STOFFER'S eONSTRUeTION, Plaintiff IN THE eOURT OF COMMON PLEAS OF eUMBERLAND eOUNTY, PENNSYLVANIA NO. 96-132 eIVIL TERM v. MARY H. BAUER, eIVIL ACTION " L1\W , Defendant <..1 ~ I " , I ENTRY OF APPEARANC;E ,-I"} '"I - llrl t.) :'(i., ,:j.t ,.LI --. "./") t:.' :". ;ni ~:: ~ :~~J defendant; Mary H. ~,-! " ", ~ c Please enter our appearance on behalf of the Bauer, in the above captioned matter. STONE LarVE~, i STOrE ( '(l By /",...Jl)' \- 0, eharles H. Stone, Esquire I.D. No. 06357 414 Bridge Street, P.O. Box E New eumberland, PA 17070 Telephone: (717) 774-7435 VICTOR H. STOFFER t/a STOFFER'S CONSTRUCTION, Plaintiff IN THE eOURT OF COMMON PLEAS OF CUMBERLAND eOUNTY, PENNSYLVANIA v. NO. 96-132 MARY H. BAUER, CIVIL ACTION - LAW Defendant aMSWBR WITH .BW KATTBR TO COUHTBRCLAIM 27. Paragraphs 1 through 26 of the Plaintiff's Complaint are incorporated herein by reference. 28. Each and every averment of paragraph 28 is specifically denied and strict proof thereof is demanded at the time of trial. 29. Each and every averment of paragraph 29 is specifically denied and strict proof thereof is demanded at the time of trial. 30. Each and every averment of paragraph 30 is specifically denied and strict proof thereof is demanded at the time of trial. 31. Each and every averment of paragraph 31 is specifically denied and strict proof thereof is demanded at the time of trial. WHEREFORE, Plaintiff, victor H. Stoffer t/a Stoffer's Construction, respectfully requests Your Honorable eourt to dismiss the Plaintiff's Counterclaim with prejudice. .BW KATTBR 32. The contract at issue in the Defendant's Counterclaim does not provide implicitly or explicitly for the recovery of attorney's fees. 33. The contract at issue in the Defendant's Counterclaim does not provide expressly or implicitly for the recovery of loss VBRUICATION I, Victor H. stoffer, am the Plaintiff in this action, and I verify that the facts contained in the foregoing Answer With New Matter to Counterclaim are true and correct to the best of my knowledge, information and belief. The undersigned understands that his statements therein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. 11~ ./)r Victor H. Stoffer mt/{-(h J..) - 9t, Date . , CBRTI.ICATB O. SBRVICB AND NOW, this 8th day of March, 1996, I, Girard E. Rickards, Esquire, of the firm of Wix, Wenger & Weidner, hereby certify that I have served a copy of Answer With New Matter to Counterclaim on this date, by depositing a copy of the same in the United states mail, postage prepaid, in Harrisburg, Pennsylvania addressed as follows: Charles H. stone, Esquire stone, LaFaver & stone 414 Bridge street, P.O. Box E New Cumberland, PA 17070 By: WIX, WfNG~ & WEIpNER , >~/;/~ ( ':r-:;//?" ~/r/f> . -,...:~ rard E. R cards, Esqu re I.D. #58867 4705 Duke street Harrisburg, PA 17109-3099 (717) 652-8455 Ild\An.\bauer ,I t.ar\2. 96 VIeTOR H. STOFFER, t/a STOFFER'S eONSTRUCTION, Plaintiff IN THE eOURT OF COMMON PLEAS OF eUMBERLAND COUNTY, PENNSYLVANIA v. NO. 96-132 CIVIL TERM MARY H. BAUER, Defendant CIVIL AeTION LAW ANSWER AND COUNTERCLAIM AND NOW comes the defendant, Mary H. Bauer, by and through her attorneys, Stone LaFaver & Stone, and sets forth the fOllowing answer to plaintiff's complaint. 1. Admitted. 2. Admitted. 3 . Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted. 11. Admitted, except stantially completed." that it is denied that the work was "sub- 12. Denied. It is denied that the work completed by the plain- tiff was completed under the terms of th~ proposal. By way of further -1- answer, the work completed was unsatisfactory and not done in a proper workmanlike manner. 13. Denied. It is denied that the work was done in a reasonable and workmanlike manner or that the prices so billed were the fair market value for the work provided. 14. Admitted. 15. Denied. After reasonable investigation, defendant is without knowledge to either admit or deny the averments of paragraph 15 and proof thereof, if relevant, is demanded at time of trial. 16. Denied. After reasonable investigation, defendant is without knowledge to either admit or deny the averments of paragraph 16 and proof thereof, if relevant, is demanded at time of trial. 17. Denied. After reasonable investigation, defendant is without knowledge to either admit or deny the averments of paragraph 17 and proof thereof, if relevant, is demanded at time of trial. 18. Admitted, and it is further averred that the reasons are set forth in the letter from Charles H. Stone, Esquire, a copy of which as attached hereto, made a part hereof and marked Exhibit "A". 19. Denied, and on the contrary it is averred that Defendant made numerous oral complaints to the Plaintiff about his absence from the job and the unsatisfactory progress of the work. 20. Denied. The defendant provided to plaintiff notice of the unsatisfactory nature of the work on November 27, 1995; see Paragraph 18. -2- COUNT I BREACH OF CONTRACT 21. Paragraphs 1 through 20 of defendant's answers are incorpo- rated herein by reference. 22. Denied. It is denied that defendant's conduct constitutes a bad faith breach of contract. 23. Denied. After reasonable investigation, defendant is without knowledge to either admit or deny the averments of paragraph 23 and proof thereof, if relevant, is demanded at time of trial. WHEREFORE, defendant requests your Honorable Court to enter jUdgment in favor of defendant and against plaintiff. COUNT II BREACH OF WARRANTY PURSUANT TO I 3414 OF THE PENNSYLVANIA COMMERCIAL CODE 24. Paragraphs 1 through 23 of defendant's answers are incorpo- rated herein by reference. 25. Denied. It is denied that defendant's actions in issuing the order to stop payment was a breach of the defendant's obligations under the Pennsylvania eommercial Code. 26. Denied. It is denied that defendant is obliged to pay plaintiff according to the terms of the checks that were issued. WHEREFORE, defendant requests your Honorable Court to enter jUdgment in her favor and against plaintiff. -3- COUNTERCLAIM 27. Paragraphs 1 through 11 of plaintiff's complaint are incor- porated herein by refer~nce thereto. 28. The work performed by plaintiff on the job site was not done in a timely fashion nor done in a reasonable workmanlike manner. 29. The electrical work performed by the plaintiff on the job site was done improperly as more fully described on the attached Exhibit "B". 30. The remodeling work done by the plaintiff was done improperly and in an unworkmanlike manner as follows: A. Splashguard not complete on walls. B. No metal around sink per specs. e. eabinets not hung properly. D. Wood place under exhaust fan. E. Splashguard not to cabinets. F. Flooring not complete, no edge protection, at door entrance in kitchen, kick board not complete under cabinets, base mold at front done incorrectly, quarter round beveled incorrectly at exit door, quarter round pieced together and improperly beveled in first floor bathroom, window frame not beveled together in bathroom and wood is split, light over bathroom sink not straight, no Ae outlet behind stoves to connect, no molding strip on second floor kitchen, floor not finished at door exit, quarter round on floor is not beveled, kick plate not complete under cabinets, countertop color not to spec, no backsplash over furnace area, cabinet cut improperly around door, -4- cabinets hung with wrong screws, chip formica by stove, floor not run all the way into cabinets, ceiling spackle work not acceptable, cabinets wrong size at windows, drywall not to floor behind toilet and radiator in second floor bathroom, tub scratched in dry wall work, and miscellaneous other problems. 31. As a result of the unworkmanlike materials and procedures, defendant has expended the following sums to properly complete the project, and has suffered the other pecuniary losses set forth herein: A. Dorgan & Zuck - labor and materials $3,875.70 B. Rent lost for failure to complete the work in a timely manner: November, 1995 $930.00 December, 1995 $930.00 January, 1996 $930.00 February, 1996 S465.0Q Total rent lost $3,255.00 C. Attorneys fees Sl. 500.00 TOTAL $8,630.70 WHBRBFORB, defendant, Mary H. Bauer, requests this Honorable Court to enter judgment against plaintiff in the amount of $8,630.70, together with interest and costs of suit. Respectfully submitted, STONE LaFAVER & STONE By~fJ~ Charles H.~~ ~squire I.D. #06357 414 Bridge St., P.O. Box E Neweumberland, PA 17070 Telephone (717) 774-7435 Attorneys for Defendant -5- , pd\mfi'1'verlfl..ff lLE R I Fie A T I Ql\I MARY H. BAUER states that she is the Defendant named in the foregoing instrument and that she is acquainted with the facts set forth in the foregoing instrument; that the same are true and correct to the best of her knowledge, information and belief; and that this statement is made subject to the penalties of 18 Pa. C.B.A. ~4904 relating to unsworn falsification to authorities. A ~ IJ , (!;t.w-r- - Y H. BAUER Date: tJ,., 22 /'1'1" . STONE LAFAVER 8: STONE ATTORNEYS AT UW .1'" BRIDGE STREET POST O"FICE BOX E Haw CUMBSBLAND. PA. 17070 CHA"L.. H_ 'TONI JON' LA'A"'." DAVID HIAH .TONI O."ALD J IHIMLITIKI TI:L.~HDNIE e717. 77.-7.3" TELEeo..,." (717177..3... November 27, 1995 a\ r~ ITf\\ \\Jl ,'/ u I' ) \\J'.: \ ,., f" . \ '1 ' "I: ',),; \.. . ',."',j~' ,- Mr. Vie Stoffer Stoffer's Construction 308 S. Main St. Marysville, PA 17053 RE I Mary Bauer Dear Mr. Stoffer: We represent Mrs. Bauer. Unfortunately, you have breached your contract with Mrs. Bauer by: (1) failing to perform the work in a satisfactory and workmanlike manner, and (2) failing to complete the work within a reasonable time. Mrs. Bauer will have another contractor complete the work and repair or redo those items which your workmen have done incorrectly. This will be done as soon as possible and with the least possible expense. We must ask you not to send anyone to the job site. When all of the work is completed Mrs. Bauer will make a final reckoning with you. This will be: the original contract price, less the cost of completion and repair by the second contractor, less the damages from the delay in completion (the lost rents), less her legal and other expenses, and less the money already paid you. Very truly yours, STONE LaPAVER & STONE ( {JJ.~y. ~ CHSI cc: Mrs. Bauer EXIITBIT "^" VIeTOR H. STOFFER t/a STOFFER'S eONSTRUCTION, Plaintiff IN TIlE COURT OF CO~lMON PLEAS OF CL1IBERLAND COUNTY, PENNSYLVANIA v. NO. l32 1996 CIVIL MARY H. BAUER, Defendant RULE 1312-1. The Petiti~n for Appointment ~f Arbitrators shall be substantially in the following form; PETITION FOR ~O!NTI1ENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Girard E. Rickards. Esquire . counsel for the plaintift'/lIl1dlealdaaoc in the above 1. Z. action ~.K~X. respectfully represents that: The above-captioned act1~n >ilIIx~1UI:l is ~ c1t i>lsue. The claim of the plaintiff in the action is S 5,324.44 The counterclaim of the defendant in the action is $8,630.70 The following attorneys are interested in the case(s) as counselor are other- wise disqualified to sit as arbitrators: Elizabeth Stone. F.RQuir... David H. Stone, Esquire; eharles H. Stone WHEREFORE, your petitioner prays your Honorable Court to appoint thrae (3) arbitrators to whom the case shall be submitted. ~asp~}~i~l~~~,~t:Qd >-::. ... - , ,." , .~ ,~~ ./ 1---' '"L- l ./'- ( ...:- AND NOW, COURT J ,19SJ&. in consideration of the -;,I(Sq.. rlJhtd.c Hx~ Esq., and arbitrators in the above-captioned action (or actions) a for. By l(cou;:t!.-".Ji-- ".llft- " - P. J. FllED-OFFlCE Ci- Ti'O:: "i'~i' '''''!~T/J1Y 96NnlJ-8 F'iI2: 17 CU". "'f" 1'11;~I':lil..J'j'.L..' \.\,Juh ( PENi'JS),Lvl'~'J~\ ~ en ~ ~ ~ N ~ ..... c.:J ~~i ~ ~9 ,,)~ ~~?: '::;~ \ L'.. .~ . '~;:! ~ ~-.- 17\ ~''1 ~ )1.-'.. ..-..:. . ~.~ ~ ,( JC' ~..j , Lt' 'ill 1.).:', io.. ( ~ W. .1'1 d \n ~ ~ U (;..., @l '" , VICTOR H. STOFFER t/a STOFFER'S CONSTRUCTION, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 96-132 Civil Term MARY H. BAUER, CIVIL ACTION - LAW Defendant NOTICB TO DZ.BNO 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 MAY GET LEGAL HELP. COURT ADMINISTRATOR 4tb .loor, Cuaberland county Court Rou.e carlisle, PA 17013 (717) 240-6200 ~ -, I> . . VICTOR H. STOFFER t/a STOFFER'S CONSTRUCTION, Plaintiff IN THE COURT OF COMMON PLEAS OF eUMBERLAND COUNTY, PENNSYLVANIA v. NO. 96-132 MARY H. BAUER, CIVIL ACTION - LAW Defendant COMPLAINT 1. Plaintiff, Victor H. Stoffer, is an adult individual t/a Stoffer's Construction with a principal place of business situate at 308 South Main Street, Marysville, Perry County, Pennsylvania 17053. 2. Defendant, Mary H. Bauer is an adult individual residing at 704 Elkwood Road, New Cumberland, Cumberland County, Pennsylvania 17070. 3. At all times relevant to this action, Defendant was the owner and/or operator of apartments located at 425 Haldeman Avenue, New Cumberland, Cumberland County, Pennsylvania 17070. 4. On or about June 22, 1995, Defendant Bauer contacted the Plaintiff to inquire about having two apartments remodeled at the 425 Haldeman Avenue address. 5. On or about July 3, 1995, Plaintiff came to the apartments and prepared an estimate for the work desired by the Defendant. A true and correct copy of the proposal of July 3, 1995 is attached hereto as Exhibit "A" and incorporated herein by reference. .. -, . . 6. The total estimated cost for the project was $15,849.44, excluding the cost of plumbing, fixtures and a radiator. 7. On or about August 24, 1995, the Defendant accepted the Plaintiff's offer to conduct the remodeling under the terms of the estimate of July 3, 1995. 8. On or about August 24, 1995, the Defendant paid the Plaintiff the sum of $5,300.00 by way of deposit and directed the Plaintiff to proceed with the work as proposed in the proposal of July 3, 1995. 9. On or about August 25, 1995, the Plaintiff proceeded to initiate the remodeling work at 425 Haldeman Avenue, New Cumberland, Pennsylvania. 10. Between August 24, 1995 and November 6, 1995, Defendant paid Plaintiff an additional $5,300.00 for work that was being performed at 425 Haldeman Avenue, New Cumberland, Pennsylvania. 11. On or about November 6, 1995, Plaintiff had substantially completed the work at 425 Haldeman Avenue, New Cumberland and forwarded a bill in the amount of $5,324.44 representing the amount owed by the Plaintiff including an additional $75.00 which was incurred by the Defendant for the cost of two marble sink tops that were installed pursuant to the Plaintiff's request. A true and correct copy of the bill of November 6, 1995 is attached hereto as Exhibit liB" and incorporated herein by reference. 2 ~ -. . -, 12. On or about November 9, 1995, Plaintiff completed the work as requested by the Defendant and under the terms of the proposal of July 3, 1995. 13. The work provided by the Plaintiff on 425 Haldeman Avenue, New Cumberland, in the amount of $15,849.44 was done in a reasonable and workmanlike manner, and the price so billed was the fair market value for the work provided. 14. On November 10, 1995, Defendant tendered two drafts payable to the Plaintiff in the amount of $1,000.00 and $1,500.00 respectively. A true and correct copy of the drafts of November 10, 1995 are attached hereto as Exhibits "C" and liD" and incorporated herein by reference. 15. On or about November 19, 1995, Plaintiff received notice from Pennsylvania National Bank that the drafts tendered by the Defendant on November 10, 1995 were not honored because the Defendant had issued stop payment orders for those drafts. 16. As a result of the Defendant's actions in issuing stop payment orders, Plaintiff was charged an additional $10.00 by the Pennsylvania National Bank. 17. On or about November 22, 1995, Plaintiff forwarded a final bill including the charges for the returned check fee to Defendant Mary Bauer via certified mail. A true and correct copy of the invoice of November 22, 1995 is attached hereto as Exhibit 3 .. ., "E" and incorporated herein by reference. 18. On or about November 27, 1995, Defendant's attorney instructed the Plaintiff not to return to the job site. 19. Prior to November 27, 1995, the Defendant did not express any dissatisfaction with the progress or completion of the work performed by the Plaintiff. 20. The Defendant has not provided any specific information to the Plaintiff regarding any work that she was contesting, nor has the Defendant provided the opportunity to correct any alleged defects in the work. COUIIT I BRDCR O. COIITRACT 21. Paragraphs 1 through 20 of Plaintiff's Complaint are incorporated herein by reference. 22. The Plaintiff believes and therefore avers that the Defendant's conduct as hereinbefore set forth constitutes a bad faith breach of contract. 23. As a direct and proximate result of the Defendant's breach of contract, the Plaintiff has sustained the following damages: a) b) $5,324.44 from November 6, 1995 to present; $10.00 in returned check fees from November 16, 1995 to 4 --..-- _ -__;"_._ ,w.T~'"":"'I.'..~.'~-;-:-F~L""I' '. -. . /.. ' . ," I" t : . -.. . . ....:..... ..,;, . -.. .~ :... ;: l" ,,,J -";':"',' ~ It"', ...... " ". \ \ 'I -. '.. ... > , ". '.' .... ~ .. to ~ ." .-, . .... t'" '" ,l./fll""" .1 ~ -" \ ". '. I I" . - ~ST6FFER'._ \:>'D" 'CONSTRUCTI N C ~..:o.v. . ,( "'> , ' e."~l4'" if!;~~'1I9 '5~O-040~~~ ~ HAARISBURG, PA. ~/' 957-4279'~~ " MARYSVlUE, PA. __ '1-~ 308 S. MAIN ST. MARYSVlllE, PA 17053 CUSIQ,l,:(IlS OI1~!P 110 'J'J~- ,[I. 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Ql N(J t'J -t,. l'"Jp - -Oal,h all Jr"u./ull ~ or,o -h,. fJa:l\Jt . . . , - rr,)1(Ni, E: ;d.-.v" i'l :tJr ""'~:~a. - :f'/.Jtll N~"JrU~ .I.L;,~ +v,',.J"J fltJet:.~" . , lai~ I 9r~5' L/4/ f1nrtJ~'" (/'!Ja'M &iAr~/~~ ) - (f /fie lIt. all 6;~ I.',vl/ f.'A f", f.5 - "/WI oIt QII Ti /( Illos/(r ~ Ir;fA , , '('....tNI. virllJ) J'ldur/flItI I . 1'k, - ;(11,,14/1 Nf..J Sub. 11M' t 1),'rJ../ Mr: ioU - "rJJtl/ ^JIOu~ "'I 7"b ...s~':JlI' lint. t 11~,\ " J: t .5uIlJ:,J bu ;Jjlc~ (,,,,.>+,/ -;rI)f~/1 Nt,.) 11;11I:1-4 {'"j..~ t ".. meJ. nib:,.", I- , . - ;,.J.)ula 1, Erf,r:ur wrill ; {' tlJf't'J,J -,'rI..>f~/) Nl'l4I ):J,-t d- G. ~rJ uIII,.f - tlgq/tlJe. all . ",Jntt.'041 Q5 /Ill..),) . " ,..~ ..f'.lr -;rJs.tllllulAJ JrllbJr)/ !/r/,'s.h,J SaNJ,) ~ I tJQ:,1I t ~'''''IW , , , '-rA.J S9~'I. dO I.. EXHIBIT "A" . " 'CONSTRUCTI ~.. ~'>'!' .'. ,'') , ' 'eo;; 1'4'* ;e~HiI.'''~ '5~O-0402~~~ ~ HAIIAISIIUIIO. Po\. ~/.' 957-4279'~~/. MAIIYSVlUJ!. Po\. __ ~ 308 S. MAIN ST. MARYSVILLE, PA 17053 CU$l11MI:Il$ UI1ULH NU, NAME [jOIl~t" J I , . ':... ) .,1 J ADDRESS }, \, II., , , j,.",/l1> -I; tv,; IoJe,.J,; EC;. J r '" r.,r (.. " NJ J..//uJ (tJ 1'1 2Y-I 8' 2'1 '1)- ~JOlJ, OJ REC'D BY - - ., ...._................ .,~...!,...,...... r~;....t- _"JV:.........-.r..' ".:" ~ ::._. .~..-..:,. :--:' ~ ~~"{;. ::-'c ..-..'Jt.lor.":.;....~,..i'tf';1""'Jlll':'~m;::r".....""':":".",..~.f1'".~ -i"-'''~. '" I . i' .. ". . (;U~ M~?S~~UUi t6 NAME tnM au41.. ADDRESS J I Lj1.<j tlq'~marJ tVt!.v (v",brr~,.J INVOICE NO, N~ 0127 u/Vo \I 6 .. 9~ . " ;9ve.. Pu. /l)u~D ;:[,..; VA .- 'P ~ n(,. ~ J J. 0 /, ~ L 701a) If'/ s: 8' tJ 9 '1'1 A,/1 d-,' Ulld I rt,MlJ' <. -:l IYItJr ~}p c;,vk 100< '. ~S 00 Td/4J IS; 92 'I l/~ o ,,"'!> ; tt-J -II) )",> d,d<<!.- 'Jt) (.,00 00 , {lul"lid. ,- S32tJ '11./ c!-ka. ;;'47 - !bOc.N ~I( It:-Sll~O - IIIV-V . ,,oJ . , 7- .:!t-Do . ~ r REC'D BY EXHIBIT "B" '...1 \ :". ~.~ \J:,"",;' ...:.:.. ~.'.IV.'\', .\....:. .." "'l ~'.' ,"~". :.i'~ ". ':';':;":I:.~;~:":~:I'':- "::.I"'~'; :\':'I~ .~---:-::::-:-:-~.,' t. '.' .... .. Je, P.. .., ~O . . NAME 53:1 LJ L/I.j }lJ 0 &1. P.It_ IN 'fA iN Id IYf ;.5 , .f'.'toIfI/ N~-J"a. "Ih l-'1S- REC'D BY EXHIBIT "E" ...~,.-..-.-......-""._... ''''''''..,...._~.;J',...'~:~..~..-..t..:., ~.'t.--.-"':':"'.'!'.:.""::'o-:,:.r~:..,,;,~~~~=r."....~'.'"'-.'''!'"'-:-''.''' . ", .S~FFER'. CONSTRUCTI N ~.. VOl! . '. ,'!) " e.".l~", iel~~"'i4"'1 .. ~ ~~ '0:' 5"0-0402 ~~ '~ H.UlII'S8UIlG, PA. ~,.' 957-4279 "?~ '" MAIIYSVlLU!. PA. C!IIIl::I) ~,. , 308 S, MAIN ST, MARYSVILLE. PA 17053 CU510MkR'S ORDER NO, 'J?L/- 5'6 NAME me,-, OIJ~.1. ADDRESS '-I ~ ., 1/" kk ", a tV flJt!.v (vl/,1r,. f("J Jvt.. Pu. j?i) ~O ::trJ VA 1'~P :# rlf_ '2 J J. 0 /, ? 2.... Tot-It I 11'/5:.,? II? '11/ A,IJ. t" :.vi/ I (/'ecr(u ( - 2 /l1Jlr ~),. ( i.vk 'tap" ,8 .~S 00 , 7014 I IS; 92 '/ L/4 Or'flC~ .-ft.J -It) hi,> d"/~ rIa. ~oo 00 , f1 )Md. 'S3'211 L/l./ r!ke. ~47 - ~bo.o..-iJ <!./( It:..Sl.{~O - f ~'1.~ . ,..v . , ;2 :::'-00 , ~ I Exhibit "B" REC'D BY ~A I L\1aSTOFFER'S CONSTRUCTION ~.. ~'iI! .,~ ~.,> , . (t.<ii-e,,,, ;et~'-Illf"". 9 5~O-0402~'?~ ~ /lAIlII'SBUIIO, PA. ~",' 957-4279 ~~...; " lWIYSVIUJ!. PA. -=:D 'l:~ 308 S, MAIN ST. MARYSVILLE. PA 17053 -ij.S Je.,. p", .., ~O 15:'1 - /0 too 5'31 '-I ( ~1lJr(l)tJ 10 &1. PJL lull w,-fA .. ^' of ;.5 IIr {'o' ^,{J I N~ ~,'a. t,C:;~ 1!J Exhibit "E" REC'D BY '. -.;. I.....:..~ .:.;~~:;..::::~~ ~..,~:, ..-.;~. .~.\. ::-,:-~... ". ....~...: ....... ..... ._. ._F....' .:. .11,.,. CUSTOMER'S ORDER NO, INVOICE NO, ~Jg 0632 DATE NAME 8olld' ... is' :; 'J'-. ADDRESS 308 S, MAIN Sf, MARYSVILLE, PA 17053 i , . \~.... .l. I~ IlJd(.. : -aJI nlu...h:N/J ,J. .f:J(ivrtt. (.5,.",I'~ -I.. ~ tv ,) IoJ~,ij ~1.) , ' ~u,,;J,I(J Au olu(J1~"n/" /,(')..)11",1..,- 'f , "e ",^~JJ <J- f't.,''''Ji..l/u) h 1 aIJII'k" - (qJ:dt.::r 70 J (tJN1/. ,i.,- , 1'1 2Y-I '612'11 '1)- ~JO;) 00 {}<i? / , REeD EY I ' ....-'-.....-..../......,.-......,-..,...-TI"'7o..:...-:a.!... ,..:., ~.':.,.- ".-""':0:': .:'...:..:..t~~T...~~=r.-....~......-.~...;--... '. .." CUS10M~,R'S ORDER I/O, 'J?4- &4 NAME rniJIi OV~.~ ADDRESS J I Lfg- ffi~f11QN /IJ1l..J (vt)'l1rr I/..J ;11/ e.. Pu. j?i) ~O IS: l/ '1 308 S, MAIN ST, MARYSVILLE. PA 17053 ~ :t,..J\) L 701a A.I . rt; N.iJ I - ~ , .~S' .l 'f~J -/" 7014/ h,,> d,d.z.. 1,.II,t S32 r!.. kit;;' 47.. ~ 60.0. .-0 ~/( It:..SliC:O - ,'1,."r.l.(1)) . , J. ~-{)o, ~ Exhibit "B" '1'1 00 ~'I 00 tJ'I OEPOSITED CHECK RETURN NOTICE' ME 4TT4CHEO CHECK H4S BEEN CHARGED TO YOUR ACCOUNT :~R THE FOLLOWING RE4SCN: STOP P4YMENT. HIS AKO~NT, PLUS ANY APPLICABLE FEE :TEMIlED ELU~, HAS eEEN DEDUCTED FROM YOUR ACCOUNT. PLEASE ,OJUST'YQ~R RECORDS ACCORDINGLY. VICTOR H STCFFER o/e/A STOFFER CONSTRUCTION 308 SHAIN ST MARYSVJLLE PA 17053=1705 ...... . Pennsylvania National Bank ~: n/16/95 ,..,.....c'"""...;~ ACCOUNT NUK,eER CHECK AMOUNT FEE (CHARGED) TOTAL <:IOOOOOQ54 MARY H. SAUER 247 SPECIAL ACCOUNT 70. ELI(WOO~ OR, 19 ~:J- NEW CUMBE":..ANO. PA '7070 p,,," TO THl 'kI ':1,.,l c\RD[lO' ~ Ittd ___ DOLLARS .. . . , ' , Exhibit "D" . .... 20010281 11 ,500.00 15.00 $I ,505.00 " " ~: . .: . ; .'. .~ A I ~ STOFFER'S CONSTRUCTI N ~.. ~'iI! ..~ "<) " e,;;'4'U", 1!!~'tU~ltf1 5~O-0402~~~ ~ HARRISBURG, Po\. ~/.' \ 957-4279 '~~ ., IWIYSVIu..E. PA. -=>> i?.:; 308 S, MAIN ST. MARYSVILLE, PA 17053 -tJ..S INVOICE NO, N9 OAT Je., f{, I/) '>0 5vbt,,-/"1 ((/(. f(, 10, &1. PJ~ 5 3'-1 lull w,.,jA ;N of ;.5 I' 1': n/fJ I N6~I'a. I.' '15'"" 1h Exhibit "E" I REC'D EY . , ,,' :.' . P 433 800 20L US po.tal SI"';ct Receipt for Certitred Mall No Insutant. Cov.r.g. 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