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Weissberger v. Myers

Superior Court of Pennsylvania

April 22, 2014

MICHAEL B. WEISSBERGER AND AMY S. WEISSBERGER, Appellants
v.
STEVEN J. MYERS a/k/a STEVE MYERS AND STEVE MYERS CARPENTRY, INC., Appellee

Argued November 13, 2013

Appeal from the Order of the Court of Common Pleas, Montgomery County, Civil Division, No. 07-13325. Before DELRICCI, J.

Joseph B. Silverstein, Philadelphia, for appellants.

Daniel P. Mudrick, Conshohocken, for appellee.

BEFORE: FORD ELLIOTT, P.J.E., WECHT and MUSMANNO, JJ.

OPINION

Page 731

MUSMANNO, J.:

Michael B. Weissberger and Amy S. Weissberger (" the Weissbergers" ) appeal

Page 732

the trial court Order denying their Motion for Partial Summary Judgment against Steven J. Myers a/k/a Steve Myers (" Myers" ).[1] We affirm.

In January 2006, the Weissbergers entered into a contract with Myers and SMC (collectively " the Contractors" ) to construct an addition and perform repairs and improvements to their home. As part of the contract, the Contractors agreed to follow the architectural design supplied by the Weissbergers. The Contractors allegedly performed improper and substandard work and deviated from the architectural design. By September 2006, the Weissbergers had paid the Contractors $40,000; however, the work had not been completed and the Contractors never returned to the home.

In June 2008, the Weissbergers filed an Amended Complaint [2] alleging various causes of action including breach of contract, a violation of the Unfair Trade Practices and Consumer Protection Law (" UTPCPL" ), and fraud. The Contractors filed an Answer.

Following discovery, in August 2010, Myers filed a Petition for Protection under Chapter 7 of the United States Bankruptcy Code, seeking to discharge his debts.[3] In response to Myers's Petition, the Weissbergers filed an Adversary Complaint against Myers, seeking a determination that Myers's debt is not dischargeable due to Myers's fraud in working on their home. Following a trial, the Bankruptcy Court found that the debt was not dischargeable because Myers had committed fraud.

As a result of this finding in the Bankruptcy Court, the Weissbergers filed a Motion for Partial Summary Judgment against Myers on their breach of contract, violation of the UTPCPL and fraud claims based upon res judicata and collateral estoppel. The trial court denied the Motion. The Weissbergers filed a Motion for Reconsideration, which also was denied. Thereafter, the Weissbergers filed a Petition for Review with this Court.[4] By a per curiam Order, this Court granted the ...


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