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IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

__________________________________________

ROBERT S. CHEATLE, JR. and NANCY A. :

CHEATLE, husband and wife, :

:

Plaintiffs, :

:

vs. : CIVIL ACTION NO.

: 02-CV-4405

DAVID A. KATZ and DAWN KATZ :

and :

PARADISE CONTRACTORS, INC. :

and :

PARADISE PINES HOMEOWNERS :

ASSOCIATION :

and :

PARADISE MANAGEMENT GROUP, INC. :

and :

PARADISE DEVELOPMENT GROUP, INC., :

:

Defendants. :

__________________________________________:

PLAINTIFFS’ ANSWER AND AFFIRMATIVE DEFENSES

TO DEFENDANTS’ COUNTERCLAIM

Count I

76. Denied. Upon information and belief, Plaintiffs have paid all amounts

currently due and owing under the Construction Contract.

77. Denied. The alleged “sum unpaid” of $50,000 represents the amount the

Plaintiffs and David Katz agreed to place in escrow pending David Katz’s completion of a

comprehensive “punch list” of outstanding and incomplete items in the Plaintiffs’ home. 

According to David Katz’s hand-written note on the “punch list,” the unpaid sum would become

Case 2:02-cv-04405-HH Document 14 Filed 05/05/2003 Page 1 of 5
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due and owing thirty (30) days after David Katz completed all items. Although the “punch list”

was dated July 26, 2001 and initialed by “DAK,” David Katz has not yet completed all items on

the agreed-upon punch list, and numerous items of damage and claims for remediation constitute

a defense to payment. 

78. Admitted in part and denied in part. It is admitted that David Katz alleges

he paid Sun Electric a partial payment for work performed at the Plaintiffs’ residence. It is

denied, however, that the Plaintiffs owe Defendants any reimbursement. The remaining

allegations of Paragraph 78 are denied.

WHEREFORE, Plaintiffs Robert S. Cheatle, Jr. and Nancy A. Cheatle demand

judgment in their favor and against Defendants together with an award of costs, attorneys’ fees,

and such other relief as this Court deems just and equitable. 

Count II

79. Denied.

80. It is admitted that David Katz entered into a Construction Contract with

the Plaintiffs. The remaining allegations are denied.

81. Denied.

WHEREFORE, Plaintiffs Robert S. Cheatle, Jr. and Nancy A. Cheatle demand

judgment in their favor and against Defendants together with an award of costs, attorneys’ fees,

and such other relief as this Court deems just and equitable. 

Case 2:02-cv-04405-HH Document 14 Filed 05/05/2003 Page 2 of 5
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AFFIRMATIVE DEFENSES

82. Defendants’ Counterclaim fails to state a claim for relief against Plaintiffs.

83. Defendants’ Counterclaim, particularly Count II, is a frivolous claim for

which Plaintiffs shall seek attorneys’ fees pursuant to Federal Rule of Civil Procedure 11, 28

U.S.C. § 1927, and/or the Court’s inherent powers.

84. Defendants’ Counterclaim is barred by the doctrine of estoppel.

85. Defendants’ Counterclaim is barred and/or limited by failure of

consideration.

86. Defendants’ Counterclaim is barred and/or limited by justification.

87. Defendants’ Counterclaim is barred and/or limited by the doctrine of

laches.

88. Defendants’ Counterclaim is barred and/or limited by statute of frauds.

89. Defendants’ Counterclaim is barred and/or limited by the doctrine of

unclean hands.

90. Defendants’ Counterclaim is barred and/or limited by the doctrine of

waiver. 

Case 2:02-cv-04405-HH Document 14 Filed 05/05/2003 Page 3 of 5
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WHEREFORE, Plaintiffs Robert S. Cheatle, Jr. and Nancy A. Cheatle demand

judgment in their favor and against Defendants together with an award of costs, attorneys’ fees,

and such other relief as this Court deems just and equitable. 

Respectfully submitted,

_______________________________

John C. Fenningham

Maura F. Ratigan

CORR, STEVENS & FENNINGHAM

Five Neshaminy Interplex, Suite 315

Trevose, PA 19053

(215) 639-4070

Dated: May 1, 2003 Attorneys for Plaintiffs

F:\WP\WORK\RTG\CHEATLE ANS TO CCLAIM.WPD

Case 2:02-cv-04405-HH Document 14 Filed 05/05/2003 Page 4 of 5
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IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

__________________________________________

ROBERT S. CHEATLE, JR. and NANCY A. :

CHEATLE, husband and wife, :

:

Plaintiffs, :

:

vs. : CIVIL ACTION NO.

: 02-CV-4405

DAVID A. KATZ and DAWN KATZ :

and :

PARADISE CONTRACTORS, INC. :

and :

PARADISE PINES HOMEOWNERS :

ASSOCIATION :

and :

PARADISE MANAGEMENT GROUP, INC. :

and :

PARADISE DEVELOPMENT GROUP, INC., :

:

Defendants. :

__________________________________________:

CERTIFICATE OF SERVICE

The undersigned hereby certifies that on the 1st day of May, 2003, a true and correct copy of

the Plaintiff’s Answer and Affirmative Defenses to Defendants’ Counterclaim was served on the

following via first class mail:

Francis Recchuiti, Esquire

VANGROSSI & RECCHUITI

319 Swede Street

Norristown, PA 19401

(Attorney for Defendants)

 

John C. Fenningham

Maura F. Ratigan

Attorneys for Plaintiff

F:\WP\WORK\RTG\CHEATLE ANS TO CCLAIM.WPD

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