Brandt, J. v. Master Force Construction

J-A03035-20
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
JOHN P. BRANDT : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
:
v. :
:
:
MASTER FORCE CONSTRUCTION :
CORP. (D/B/A WE DO METAL :
ROOFS.COM) : No. 1080 MDA 2019
:
Appellant :
Appeal from the Judgment Entered June 24, 2019
In the Court of Common Pleas of Clinton County Civil Division at No(s):
2014-659
BEFORE: LAZARUS, J., STABILE, J., and DUBOW, J.
MEMORANDUM BY DUBOW, J.: FILED APRIL 21, 2020
Appellant, Master Force Construction Corp.,1 appeals from the June 24,
2019 Judgment entered in favor of Appellees, John P. Brandt, D.O. and Karen
Brandt, following a non-jury trial. Master Force challenges, inter alia, the trial
court’s finding that it violated the Home Improvement Consumer Protection
Act (“HICPA”), 73 P.S. §§ 517.1 et seq., and the Unfair Trade Practices and
Consumer Protection Law (“UTPCPL”), 73 P.S. §§ 201-1 et seq. After careful
review, we affirm.
____________________________________________
1 D/b/a We Do Metal Roofs.com (“WDMR”).
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Background
The relevant facts and procedural history, as gleaned from the certified
record, are as follows. On June 20, 2012, Appellees entered into a home
improvement contract with Master Force Construction Corp. (“Master Force”)
for the replacement of Appellees’ roof (the “Contract”).2 The Contract initially
provided for the installation of a metal shingle roof, seamless gutters, gutter
covers, and a solar roof energy blanket. The Contract price was $46,250.
Master Force subsequently determined that a metal shingle roof was not
appropriate for the slope of Appellees’ roof, and, on July 7, 2012, the parties
amended the Contract to reflect installation of a standing seam metal roof
instead of a metal shingle roof. This modification resulted in a reduction of
the Contract price. The Contract contained a one-year labor warranty, and a
35-year manufacturer warranty. The Contract did not disclose that Master
Force would subcontract the roof installation to a subcontractor.3
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2 Master Force is a Florida corporation with a registered business address in
Lewisburg, Pennsylvania. Corinne Klose was the President, Secretary, and
sole shareholder of Master Force. Klose had delegated operational control of
Master Force to Defendant Robert DeHarder. Michael Bloom, a Master Force
sales person, executed the Contract on Master Force’s behalf.
3 The Contract contains the general language that Master Force “may, at any
time, assign or transfer its rights (partially or in full) and/or duties under this
Contract.” Contract, 6/20/12, at 2 (unpaginated). It also contemplates that
“[a]ny independent subcontractor utilized will adhere to the terms of this
agreement and shall be jointly responsible, with [Master Force], to provide
the minimum 1 year warranty as required by the state.” Id.
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The Roof
Master Force hired Keith R. Wilton (“Wilton”), a subcontractor, to install
the roof at Appellees’ property in September 2012. Wilton presented himself
to Appellees as an employee of Master Force and We Do Metal Roofs
(“WDMR”). On September 18, 2012, a storm occurred. Wilton had not
covered Appellees’ roof during the installation of the new roof, leaving
Appellees’ kitchen uncovered and exposed to the elements. Due to the storm,
a substantial leak occurred into Appellees’ kitchen. Appellees paid an
unrelated repairperson, Willard Letterman, $481 to repair the damage caused
by the leak. Wilton completed the roofing project in September 2012.
Subsequently, on January 11 and January 23, 2013, after completion of
the new metal roof by Wilton,4 additional leaks occurred at Appellees’
property. Appellees contacted Robert DeHarder (“DeHarder”), Master Force’s
operations agent, to inform him of the new leaks and ongoing problems with
the roof. DeHarder informed Appellees that any leaks were Wilton’s
responsibility to repair, and not Master Force’s responsibility, because Wilton
was the installer.
Appellees arranged for Wilton to appear at Appellees’ property to discuss
the leaks and other issues. Wilton did not appear at Appellees’ property at
the arranged date and time. Instead, Wilton informed Appellees by voicemail
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4Although the Contract price included the installation of seamless gutters and
gutter covers, Master Force demanded that Appellees pay an additional
$2,000 for them.
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that he had appeared at an earlier time, claimed that he had caulked a leak
around the ridge vent area of the roof, and stated that the caulking would
resolve the leak.
Another roof leak occurred on January 30, 2014. After this leak,
Appellees decided to no longer deal with Master Force or Wilton. Appellees
contacted Scott Holdren of Marcon Roofing (“Marcon”) who, in April 2014,
replaced the ridge vent on the roof. According to Marcon, the roof panels
Wilton installed were not recommended for installation on low-slope roofs like
the one on Appellees’ home.5 Marcon also informed Appellees that Wilton had
not properly installed the ridge vent and that the faulty installation had
contributed to the leaks. Appellees paid Marcon $2,782 for the repair work
Marcon performed.6
The Lawsuit
On June 19, 2014, Appellees commenced this action by filing a Praecipe
for Writ of Summons. Relevantly, on March 4, 2016, Appellees filed a Second
Amended Complaint against Wilton, Master Force, DeHarder, WDMR, and a
related DeHarder-controlled entity known as Fox Home Improvement Network
Corp. (“Fox”). In their Second Amended Complaint, Appellees alleged that all
defendants had violated the HICPA and the UTPCPL. Appellees also asserted
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5 Appellee’s roof has a slope of less than three inches per foot.
6 Another roof leak occurred on January 21, 2018, subsequent to the
commencement of this action. Following that leak, Appellees paid C&D
Waterproofing $67,020 to replace the entire roof.
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claims of Breach of Express Warranty and Negligence against all defendants
and claims of Breach of Contract, Breach of Implied Warranty of
Merchantability, and Breach of Implied Warranty of Fitness for a Particular
Purpose against Master Force, WDMR, Fox, and DeHarder.
Summary Judgment Motions
On July 31, 2017, Appellees filed a Motion for Partial Summary
Judgment against Master Force, and Master Force filed a Motion for Partial
Summary Judgment against Appellees.7
On September 13, 2017, the trial court denied Master Force’s Motion for
Partial Summary Judgment in part, and granted it in part, entering Judgment
in Master Force’s favor on Appellees’ Breach of Implied Warranty of
Merchantability claim. The court denied Appellees’ Motion for Partial Summary
Judgment.
The Trial
The trial court held a bench trial on the remaining claims on October 15,
2018, and October 16, 2018.8 At trial, Appellees, Wilton, and Master Force
each presented the testimony of an expert witness. Appellees also testified
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7 Wilton filed a Motion for Summary Judgment against Appellees, which the
trial court denied.
8 On June 9, 2018, the trial court had entered a Default Judgment against
defendants DeHarder, WDMR, and Fox as a sanction arising from their failure
to respond to Appellees’ discovery requests. Accordingly, those defendants
did not participate at trial.
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on their own behalf and offered the testimony of Jeff Raymond,9 Corrine Klose,
and Scott Holdren.10 Although Wilton had notice of the trial, he did not
personally appear. Appellees proffered Wilton’s September 29, 2016
deposition testimony at trial without objection.
Appellees’ expert, Mark Sobeck, testified that he was a consultant on
Appellees’ 2018 roof replacement by C & D Waterproofing. 11 N.T. 10/15/18,
at 12. Sobeck testified that, due to the slope of Appellees’ roof, which is “well
under three inches per foot,” the standing seam metal roof Appellees’
purchased from Master Force was the wrong roof system for their home.12 Id.
at 13-14. Sobeck also testified that, even if the roof had been appropriate for
Appellees’ roof, Wilton had installed it improperly. Id.
Jeff Raymond testified that, when he removed the Master Force roof
from Appellees’ home in 2018, he observed “considerable” water damage as
well as “staining, rotting . . . mold, mildew, mushrooms” on the plywood
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9 Jeff Raymond is a contractor. In 2018, prior to the installation of Appellees’
new roof by C & D Waterproofing, Raymond’s firm, H.W. Raymond Company,
removed the metal roof from Appellees’ home, and installed the new plywood
roof decking and an ice and water shield at a cost to Appellees of $19,483.05.
10Scott Holdren inspected the ridge vent Master Force installed at Appellees’
home.
11 Sobeck charged Appellees $5,000 in consulting fees.
12Sobeck explained that, according to code, a standing seam metal roof is not
permitted on a slope of less than three inches per foot, and that according to
the manufacturer’s manual, it is not permitted on roofs whose slope is less
than four inches per foot. N.T., 10/15/18, at 13-14.
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decking of Appellees’ roof. N.T., 10/15/18, at 145-46. He also testified that
neither Master Force nor Wilton had installed a solar roof blanket, despite
Appellees’ having paid for one. Id. at 141-42.
Corinne Klose testified that she was the sole owner and shareholder of
Master Force, a home improvement business, as well as its president and
secretary, but she never intended to do any of its physical or operational work.
Id. at 231, 233, 247-48. She testified that she did not have a business plan
or employees, and did not hire any subcontractors. Id. at 232-33. She
testified that she appointed DeHarder as Master Force’s registered agent in
July 2009, and that she expected him to, and he did, in fact, handle
“everything.” Id. at 232-33, 249. DeHarder controlled all of Master Force’s
operational work and finances, but Klose testified that she was always in
contact with him and had authorized everything he did on Master Force’s
behalf. Id. at 239-48
The Verdict
On February 15, 2019, the court entered a verdict in favor of Appellees
against Master Force and Wilton. It concluded that, at all relevant times,
Corinne Klose had delegated operational control of Master Force to DeHarder.
Trial Ct. Op., 2/15/19, at ¶ 10. It further concluded that Master Force, WDMR,
Fox, DeHarder, and Wilton “acted in concert and conspired to deceive and
defraud Appellees by intentional actions and inactions which included the
purposeful manipulation of the many [d]efendants to obscure who was the
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actual party to the contract, the actual party doing the work[,] and the actual
party responsible for any warranty.” Id. at ¶ 31.
In particular, with respect to Appellees’ HICPA claim, the court
concluded that: (1) Master Force, WDMR, and Fox were “contractors” as
defined by HICPA; (2) WDMR, Fox, and DeHarder failed to register as
contractors as the HICPA requires; (3) Wilton, as instructed by DeHarder,
purposefully concealed his role as a subcontractor; (4) Master Force accepted
work that it had no intention of performing and intended to subcontract to
Wilton; (5) the contract between the parties included the placement of gutters
and gutter covers, but DeHarder charged Appellees an additional $2,000 to
install them; and (6) Master Force abandoned its duty under the Contract
warranty by not acting when Appellees contacted DeHarder about leaks who
instead instructed them to contact Wilton.
Relying on 73 P.S. § 517.10, the court concluded that Master Force’s
and Wilton’s HICPA violations necessarily resulted in a violation of the
UTPCPL.13 Moreover, the court noted that it found that Appellees’ expert
Sobeck was credible and that the roof sold by Master Force and installed by
Wilton was inappropriate, violated manufacturer’s recommendations, violated
the requirements of the building code in effect, and resulted in damages to
Appellees. Therefore, the court concluded that Master Force’s sale and
construction of the roof violated the UTPCPL by “making improvements inferior
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13 Section 517.10 provides that “[a] violation of any of the provisions of
[HICPA] shall be deemed a violation of the [UTPCPL].” 73 P.S. § 517.10.
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to the standard agreed to in writing, and representing goods or services that
had characteristics or benefits which the goods or services did not have.” Trial
Ct. Op. at 11 (citing 73 P.S. §201-2(4)). The court also concluded that Master
Force failed to comply with the contract warranty and engaged in deceptive
conduct that caused confusion or misunderstanding, and that Wilton
performed inferior work and withheld from Appellees his role as a
subcontractor. Id. at 11-12.
The trial court also entered a verdict in favor of Appellees on their Breach
of Contract, Breach of Express Warranty, Breach of Implied Warrant of Fitness,
and Negligence claims and denied each of the defendants’ outstanding cross-
claims.
Damages
The court calculated that Appellees suffered actual damages of
$74,216.05,14 which it trebled as authorized by both the HICPA and the
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14 The court itemized Appellees’ actual damages as follows:
A. 2012 Installation Leak Repairs (Willard Letterman) Four
Hundred Eighty-one and 00/100 ($481.00) Dollars;
B. Gutters (Double Payment) - Two Thousand and 00/100
(2,000.00) Dollars;
C. Ridge Vent Replacement (Marcon) - Two Thousand Seven
Hundred Eighty-two and 00/100 ($2,782.00) Dollars;
D. Roof Consultant- Assess Repair/Replacement needs and Design
Replacement Roof (Sobeck Consulting) – Five Thousand and
00/100 ($5,000.00) Dollars;
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UTPCPL.15 The court also awarded Appellees attorney’s fees and costs of
$195,159.20. On June 24, 2019, the court entered judgment on its verdict
after denying post-trial motions.
Appeal
This timely appeal followed.16 Master Force complied with the trial
court’s Order to file a Pa.R.A.P. 1925(b) Statement.17
Issues
Master Force raises the following issues on appeal:
1. Were [Appellees] entitled to a verdict in their favor and against
[Master Force] for violation of 73 P.S. § 517.9(8)(iii)?
2. Were [Appellees] entitled to a verdict in their favor and against
Master Force for violation of 73 P.S. § 517.9(8)(ii)?
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E. Roof Demolition and Replacement Sheathing (H.W.Raymond)
– Nineteen Thousand Four Hundred Eighty-three and 05/100
($19,483.05) Dollars;
F. Replacement Roof (C&D) - Forty-two Thousand Four Hundred
Fifty and 00/100 ($42,450.00) Dollars [];
G. Replacement Wood Blocking required due to wear and damage
(C&D) – Two Thousand Twenty and 00/100 ($2,020.00)
Dollars.
Trial Ct. Op. at 13-14.
15 The court, therefore, awarded Appellees a total of $222,648.15 in damages.
Wilton filed an appeal from the June 24, 2019 entry of Judgment No. 1081
16
MDA 2019.
17The trial court did not file a Rule 1925(a) Opinion. Instead, it relied on its
February 15, 2019 Opinion and Order and its June 10, 2019 Opinion and
Order-Post Verdict Motions of Defendant Master Force and Defendant Wilton.
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3. Were [Appellees] entitled to a verdict in their favor and against
Master Force for violation of 73 P.S. § 517.7(a)(10)?
4. Were [Appellees] entitled to a verdict in their favor and against
Master Force for violation of 73 P.S. § 517.9(5)?
5. Were [Appellees] entitled to a verdict in their favor and against
Master Force for violation of 73 P.S. § 201-2(4)?
6. Were [Appellees] entitled to a verdict in their favor and against
Master Force on their Breach of Contract claim?
7. Were [Appellees] entitled to a verdict in their favor and against
Master Force on their Breach of Express Warranty claim?
8. Were [Appellees] entitled to a verdict in their favor and against
Master Force on their Breach of Implied Warranty of Fitness for
a Particular Purpose claim?
9. Were [Appellees] entitled to a verdict in their favor and against
Master Force on their Negligence claim?
10. Did the amount awarded by the trial court properly reflect
actual damages sustained by [Appellees]?
11. Was the trial court’s award of treble damages proper?
12. Was the trial court’s award of attorney’s fees in the amount
of $195,159.20 proper?
13. Was the trial court’s denial of Master Force’[s] Crossclaims
against the other defendants proper?
Master Force’s Brief at 6-8.
Standard of Review
This appeal arises from a verdict in favor of Appellees following a non-
jury trial. We review an order following a bench trial with the following
principles in mind:
Our appellate role in cases arising from non-jury trial verdicts is
to determine whether the findings of the trial court are supported
by competent evidence and whether the trial court committed
error in any application of law. The findings of the trial judge in a
non-jury case must be given the same weight and effect on appeal
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as the verdict of a jury, and the findings will not be disturbed on
appeal unless predicated upon errors of law or unsupported by
competent evidence in the record. Furthermore, our standard of
review demands that we consider the evidence in a light most
favorable to the verdict winner.
Levitt v. Patrick, 976 A.2d 581, 588-89 (Pa. Super. 2009) (citation omitted).
With respect to the weight the trial court gives to the evidence, we note
as follows:
appellate review of a weight claim is a review of the trial court’s
exercise of discretion, not of the underlying question of whether
the verdict is against the weight of the evidence. Because the trial
judge has had the opportunity to hear and see the evidence
presented, an appellate court will give the gravest consideration
to the findings and reasons advanced by the trial judge when
reviewing a trial court’s determination that the verdict is against
the weight of the evidence. One of the least assailable reasons for
granting or denying a new trial is the lower court’s conviction that
the verdict was or was not against the weight of the evidence and
that a new trial should be granted in the interest of justice.
Gold v. Rosen, 135 A.3d 1039, 1041-1042 (Pa. Super. 2016) (citation and
brackets omitted). Further, the court “is free to believe all, part, or none of
the evidence and to determine the credibility of the witnesses.” Haan v.
Wells, 103 A.3d 60, 70 (Pa. Super. 2014) (citation omitted).
Additionally, this case implicates the interpretation of two statutes, the
HICPA and the UTPCPL. Statutory interpretation is a question of law, therefore
our standard of review is de novo, and our scope of review is plenary. Brown
v. Levy, 73 A.3d 514, 517 (Pa. 2013).
HICPA Claims
Master Force’s first four issues challenge the trial court’s conclusion that
Master Force violated certain provisions of the HICPA.
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Issue 1—Pleadings Deemed Amended to Conform to Proof
Master Force first claims that the court erred in finding that Master Force
violated 73 P.S. § 517.9(8)(iii)18 because (1) Appellees did not plead this
violation in their Second Amended Complaint, and (2) by the time of trial the
statute of limitations on this claim had run. Master Force’s Brief at 33-37.
Notably, Master Force does not challenge the substance of the court’s finding
that Master Force violated Section 517.9(8)(iii).
“Pennsylvania is a fact-pleading state; a complaint must not only give
the defendant notice of what the plaintiff’s claim is and the grounds upon
which it rests, but the complaint must also formulate the issues by
summarizing those facts essential to support the claim.” Feingold v.
Hendrzak, 15 A.3d 937, 942 (Pa. Super. 2011) (citations omitted). Pa.R.C.P.
1033(a) provides, with leave of court or the consent of an adverse party, for
the amendment of pleadings at any time to include previously unalleged facts,
new theories of liability, or to conform the pleadings to evidence admitted at
trial. Pa.R.C.P. 1033(a). Unless a request to amend would prejudice an
adverse party, the trial court should liberally grant a party permission to
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18 73 P.S. § 517.9(8)(iii) prohibits a home improvement contractor from
advertising or offering to perform a home improvement if he does not intend
to “charge for the home improvement at the price advertised or offered.” 73
P.S. § 517.9(8)(iii). The trial court found that Master Force had violated this
provision by demanding Appellees pay an additional $2,000 over the Contract
price for the installation of gutters that the parties had included in the
Contract.
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amend. Kuwait & Gulf Link Transport Company v. Doe, 216 A.3d 1074,
1093 (Pa. Super. 2019), appeal denied, 2020 WL 829886 (Pa. 2020) (Table).
Where the statute of limitations has run, however, a party may not
amend its complaint to introduce a new cause of action. Junk v. East End
Fire Dept., 396 A.2d 1269, 1277 (Pa. Super. 1978). However, if an
amendment does not introduce a new cause of action, but “would only amplify
or enlarge [an] existing cause of action, it will be permitted[,]” even where
the statute of limitations has run. Sanchez v. City of Philadelphia, 448
A.2d 588, 589 (Pa. Super. 1982).
Most significant to the instant case, where a party introduces evidence,
without objection from an adverse party, a court may “treat the pleadings as
amended to conform to the proof.” Boyal Pioneer Paper Box Mfg. Co. v.
Louis De Jonge & Co., 115 A.2d 837, 839 (Pa. Super. 1955) (explaining that
where the plaintiff introduced evidence of an implied warranty in its action for
breach of an express oral warranty, and the defendant did not object, the
court properly submitted a breach of implied warranty claim to the jury
because it was “in keeping with the evidence introduced at the trial without
objection.”).
A HICPA violation constitutes a violation under the UTPCPL. 73 P.S. §
517.10. “A UTPCPL claim is subject to the 6-year statute of limitations[.]”
Morse v. Fisher Asset Management, LLC, 206 A.3d 521, 526 (Pa. Super.
2019) (citing 42 Pa.C.S § 5527(6)).
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This Court’s review of Appellees’ Second Amended Complaint indicates
that Appellees pleaded a HICPA claim,19 but that they did not specifically plead
that Master Force had charged them an additional $2,000 for the installation
of gutters and gutter covers, or that this resulted in Master Force’s violation
of 73 P.S. § 517.9(8)(iii). However, the Contract includes a provision for the
installation of seamless gutters and gutter covers, and Master Force does not
dispute the existence of that Contract provision and that it charged Appellees
an additional $2,000 for that service outside of the Contract price.
In addition, the record evidence, admitted without objection from
Master Force, shows that Appellees fully expected that the Contract price
agreed upon would cover the gutter installation and that Master Force
nonetheless required Appellees to pay an additional $2,000 to have the
gutters installed. Brandt Deposition, 10/6/16 at 68; N.T., 10/15/18, at 163,
168, 173.
In light of the foregoing, we conclude that the trial court did not abuse
its discretion or err as a matter of law in treating Appellees’ HICPA-based
pleadings as amended to conform to the uncontradicted evidence that Master
Force charged Appellees an additional $2,000 to perform a service included in
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19Appellees alleged that the defendants had violated the HICPA by, inter alia:
(1) failing to disclose the name and other pertinent information of any
subcontractor that would be working on the job; (2) making false statements
to induce Appellees to enter into the Contract; and (3) directly or indirectly
publishing false or deceptive advertisements. See Second Amended
Complaint at ¶ 46.
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the parties’ June 20, 2012 contract, in violation of 73 P.S. § 517.9(8)(iii).
Because the evidence upon which this amendment is based did not change
the operative facts underlying Appellees’ claims, we do not agree with Master
Force that this amendment introduced a new cause of action. Instead, this
“amendment” amplified Appellees’ HICPA claim in the Second Amended
Complaint, with the support of the language of the parties’ Contract, and the
testimonial evidence of Appellee John Brant, given first on October 6, 2016
(within the applicable 6-year statute of limitations) without objection.
Accordingly, Master Force is not entitled to relief on this claim.
Issue 2—73 P.S. § 517.9(8)(ii) – Offering and Advertising to
Perform Work it Has No Intention of Performing
Next, Master Force claims that the court erred in finding that Master
Force accepted work that it did not intend to perform and, thus, violated 73
P.S. § 517.9(8)(ii).20, 21 Master Force’s Brief at 37-38. In particular, the trial
court found that “Master Force accepted work [that] Master Force had no
intention of performing and intended to subcontract with Wilton, but did not
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20The HICPA prohibits a contractor from advertising or offering to perform
any home improvement work if the contractor does not actually intend to
perform the work. 73 P.S. § 517.9(8)(ii).
21 Master Force first alleges that Appellees’ did not plead this theory of liability
in their Second Amended Complaint or anywhere else, and the statute of
limitations on this claim has run. We disagree. Our review indicates that in
their Second Amended Complaint Appellees pleaded this claim when they
averred that Master Force violated the HICPA by failing to disclose that “the
work would be completed by a subcontractor as required by the [HICPA].”
Second Amended Complaint at ¶¶ 21, 76(a).
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disclose that Wilton was a subcontractor which is required to be included as
part of the written contract.” Trial Ct. Op., at 10.
Master Force argues that the record does not support the trial court’s
finding that Master Force entered into the Contract with no intention of
performing it because Master Force did, in fact, complete the work through its
subcontractor, Wilton. Id. at 38-39. As proof that it intended to perform the
Contract through its subcontractor, Master Force highlighted the general
provision in the Contract that “contemplated that some or all of the work
related to the [r]oof [i]nstallation would be performed by a subcontractor.” 22
Id. at 39.
Appellees argue, to the contrary, that the evidence that Master Force
did not have any employees and that it had subcontracted hundreds of jobs
to Wilton and other subcontractors was sufficient to prove that Master Force
could not have intended to perform the home improvement outlined in the
Contract. Appellees’ Brief at 31.
It is well-established that “[w]hen reviewing the sufficiency of the
evidence . . . this Court must determine whether the evidence and all
reasonable inferences therefrom, viewed in the light most favorable to the
verdict winner, was sufficient to enable the factfinder to find against the losing
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22 As noted supra, the Contract contains the general language that Master
Force “may, at any time, assign or transfer its rights (partially or in full) and/or
duties under this Contract.” It also contemplates that “[a]ny independent
subcontractor utilized will adhere to the terms of this agreement and shall be
jointly responsible, with [Master Force], to provide the minimum 1 year
warranty as required by the state.” Contract, 6/20/12, at 2 (unpaginated).
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party.” Zeffiro v. Gillen, 788 A.2d 1009, 1013 (Pa. Super. 2001) (citation
omitted).
In this case, Appellees presented evidence that Master Force had no
employees and that its founder, Corinne Klose, did not intend to personally
perform any of the contracted work. N.T., 10/15/18 at 232-33. Wilton
testified at his deposition that he had installed “somewhere between 100 and
500” roofs for Master Force and DeHarder—“approximately 50 to 75 roofs a
year”—before working on Appellees’ roof. Wilton Deposition, 9/29/16, at 30.
He further testified that he was not the only subcontractor hired by DeHarder
to install roofs. Id. at 103. Wilton also testified that at the time Master Force
and Appellees amended the Contract on July 7, 2012, he “would not have
known that he was the installer for the roof.” Id. Master Force did not present
any evidence refuting the testimony of Klose or Wilton that would indicate that
it or a subcontractor intended to perform the work outlined in the Contract.
In light of the evidence that Master Force had no employees to install
roofs and always used subcontractors, the trial court reasonably inferred that
at the time Master Force entered into the Contract, Master Force did not intend
that it would be the entity installing Appellees’ roof. Our analysis, however,
does not end there. Also significant to the analysis is the absence of evidence
to support Master Force’s position that at the time it entered into the Contract
it intended to use a subcontractor to perform the work. Master Force never
advised Appellees that it would not perform the work itself, and would instead
use a subcontractor to perform the work. From these facts, the trial court
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properly concluded that, at the time it entered into the Contract, Master Force
did not intend to perform the work itself or to hire a subcontractor to do the
work.
We reject Master Force’s argument that because it had the right under
the Contract to hire a subcontractor that it intended to do so. More
importantly, we find persuasive the trial court’s conclusion that, since Master
Force failed to advise Appellees that it intended to hire a subcontractor, Master
Force did not intend to do so.
In conclusion, viewing the evidence and all reasonable inferences drawn
therefrom in the light most favorable to Appellees as verdict-winners, as we
must, we conclude that the evidence supports the trial court’s findings. The
court did not err in determining that Master Force did not intend to perform
the Contract. Accordingly, Master Force’s claim fails.23
Issue 3 – Failure to Identify Wilton as a Subcontractor
Third, Master Force claims that the trial court erred as a matter of law
when it interpreted 73 P.S. § 517.7(a)(1) as requiring Master Force to identify
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23 Master Force also asserts that the UTPCPL required Appellees’ to prove that
they would have cancelled the Contact if they had known that Master Force
engaged Wilton as a subcontractor. Master Force’s Brief at 41-42. It cites no
relevant case law in support of this assertion as required by Pa.R.A.P. 2119.
Accordingly, it has waived this argument. See, e.g., In re Estate of
Whitley, 50 A.3d 203, 209-10 (Pa. Super. 2012) (explaining that the failure
to cite relevant legal authority constitutes waiver of the claim on appeal).
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Wilton as its subcontractor at the time it entered into the Contract. 24 Master
Force’s Brief at 41. Master Force argues that Appellees did not present any
evidence that Master Force knew that Wilton would be working for it as a
subcontractor at the time the parties entered into the Contract.
The HICPA states, in relevant part, that a home improvement contract
is enforceable only if, inter alia, it “includes the names, addresses[,] and
telephone numbers of all subcontractors on the project known at the date of
signing the contract.” 73 P.S. §517.7(a)(1).
We agree with Master Force that Appellees did not present any evidence
that Master Force knew on June 20, 2012, when it signed the Contract, that
Wilton would be the subcontractor who installed Appellees’ roof. In fact, the
only evidence on this issue came from Wilton who testified at his deposition
that even as late as July 7, 2012, he was unaware of Appellees’ job and that
he was not the only subcontractor that DeHarder hired to install roofs. Wilton
Deposition, 9/29/16 at 103.
We conclude, therefore, that even viewing the evidence in the light most
favorable to Appellees, the evidence does not support the trial court’s
conclusion that Master Force knew on June 20, 2012, that it would subcontract
____________________________________________
24The trial court concluded that Master Force “intended to subcontract with []
Wilton, but did not disclose that [] Wilton was a subcontractor[,] which is
required to be included as part on the written contract.” Trial Ct. Op. at 10.
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Appellees’ job to Wilton. Thus, the trial court erred as a matter of law in
finding that Master Force violated 73 P.S. § 517.7(a)(1).25
Issue 4 – Abandoning Duty Under the Warranty
In its fourth issue, Master Force claims that the trial court erred in
finding that it violated the HICPA when it “abandoned its duty under the
contract warranty by simply doing nothing for [Appellees] when [Appellees]
contacted [DeHarder,]” in violation of 73 P.S. § 517.9(5). Id. at 44.
The HICPA prohibits a contractor from “abandon[ing] or fail[ing] to
perform, without justification, any home improvement project engaged in or
undertaken by” him. 73 P.S. § 517.9(5).
Master Force claims that the Contract provided that either it or Wilton
could perform its labor warranty.26 Master Force’s Brief at 45. It argues,
therefore, that it complied with its obligations under the warranty when
Appellees made their 2012 claim by instructing Appellees to contact Wilton,
who, in turn, inspected the roof and performed repairs. Id. Master Force
notes that Appellees did not make any further claims under the labor warranty
during its one-year effective period and never made any manufacturer
warranty claims. Id. Master Force concludes that the evidence reflects that
____________________________________________
25In light of this disposition, we do not address Master Force’s argument that
noncompliance with Section 517.7(a)(1) merely voids the contract and does
not give rise to a private cause of action under the HICPA.
26 The Contract provides that “[a]ny independent subcontractor utilized will
adhere to the terms of this agreement and shall be jointly responsible, with
the Contractor, to provide the minimum 1 year warranty as required by the
state.” Contract, 6/20/12, at 2 (unpaginated).
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it did not abandon its duty to Appellees under the warranty. Id. at 45-46.
We agree.
The evidence demonstrates that: (1) upon learning that Appellees’ roof
was leaking, Master Force instructed Appellees to contact Wilton to address
their issues; (2) Appellees contacted Wilton; (3) Wilton undertook remedial
measures; and (4) Appellees did not again contact Master Force. Accordingly,
rather than prove that Master Force abandoned Appellees, the evidence shows
that Master Force responded to Appellees singular request for service under
the warranty. Because Appellees chose not inform Master Force that the
remedial measures undertaken by Wilton were unsatisfactory, Master Force
had no way of knowing that Appellees’ roof required additional repairs.
Simply, Appellees did not give Master Force an opportunity to offer them
additional service under the warranty.
We conclude, therefore, that the trial court erred in finding that Master
Force abandoned its duty under the Contract warranty in violation of the
HICPA.
Conclusion
In sum, following our consideration of Appellant’s HICPA-based claims
of error, we affirm the trial court’s verdict in favor of Appellees on their claims
that Appellant charged Appellees $2,000 to perform a service included in the
Contract and offered or advertised to perform work it had no intention of
performing pursuant to 73 P.S. §§ 517.9(8)(iii) and 517.9(8)(ii), respectively.
We reverse the trial court’s verdict in favor of Appellees on their claims that
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Appellant failed to identify Wilton as a subcontractor at the time the parties
entered into the Contract and abandoned its duty to Appellees under the
Contract warranty pursuant to 73 P.S. §§ 517.7(a)(1) and 517.9(5),
respectively.
UTCPL Claim
Issue 5
In its fifth issue, Master Force claims that the trial court erred when it
found that Master Force violated Section 201-2(4) of the UTPCPL, asserting
that the credible evidence does not support the court’s findings. Master
Force’s Brief at 46-51.
The UTPCPL provides a private right of action for anyone who “suffers
any ascertainable loss of money or property” as a result of “an unlawful
method, act or practice.” 73 P.S. § 201-9.2. Section 201-2(4) lists twenty
enumerated practices which constitute actionable “unfair methods of
competition” or “unfair or deceptive acts or practices,” including a catch-all
provision proscribing “fraudulent or deceptive conduct which creates a
likelihood of confusion or misunderstanding.” 73 P.S. § 201-2(4).27
____________________________________________
27 Here, the trial court found that Master Force had violated Sections 201-
2(4)(v), (xiv), (xvi), and (xxi). These subsections prohibit: (1) “representing
that the goods or services have . . . characteristics . . . benefits or qualities
they do not have;” (2)“[f]ailing to comply with the terms of any written . . .
warranty;” (3) making improvements “of a nature or quality inferior to or
below the standard of that agreed to in writing;” and (4) “[e]ngaging in any
other fraudulent or deceptive conduct which creates a likelihood of confusion
or of misunderstanding.” 73 P.S. § 201-2(4)(v); (xiv); (xvi); (xxi).
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Additionally, we point out that:
The UTPCPL is Pennsylvania’s consumer protection law and seeks
to prevent unfair methods of competition and unfair or deceptive
acts or practices in the conduct of any trade or commerce. The
purpose of the UTPCPL is to protect the public from unfair or
deceptive business practices. Our Supreme Court has stated
courts should liberally construe the UTPCPL in order to effect the
legislative goal of consumer protection. The UTPCPL provides a
private right of action for anyone who suffers any ascertainable
loss of money or property as a result of an unlawful method, act
or practice.
Fazio v. Guardian Life Ins. Co. of America, 62 A.3d 396, 405 (Pa. Super.
2012) (quotation omitted). “To bring a private cause of action under the
UTPCPL, a plaintiff must show that he justifiably relied on the defendant’s
wrongful conduct or representation and that he suffered harm as a result of
that reliance.” Yocca v. Pittsburgh Steelers Sports, Inc., 854 A.2d 425,
438 (Pa. 2004).
Relying on Sobeck’s credible testimony, the trial court found that “the
roof utilized at [Appellees’] residence was inappropriate, violated
manufacturer’s recommendations, violated the provisions of the [b]uilding
[c]ode in effect, and resulted in damages to [Appellees.]” Trial Ct. Op. at 11.
See also id. at 8 (where the court relied on Sobeck’s testimony that “the roof
was improperly installed and should never have been installed on this building
due to the slope of the roof”). Based on the credible evidence, the court
concluded that “Master Force’s sale and construction of [Appellees’] roof
violated the UTPCPL by making improvements inferior to the standard agreed
to in writing, and representing goods and services that had characteristics or
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benefits which the goods and services did not have.” Id. The court further
concluded that Master Force “failed to comply with the warranty and engaged
in deceptive conduct that caused confusion or misunderstanding.” Id. In so
finding, the trial court credited the testimony of Appellees’ expert Sobeck and
expressly did not credit the testimony of Master Force’s and Wilton’s experts.
Id.
It is unclear from our review of Master Force’s Brief whether Master
Force has intended to raise a challenge to the weight the trial court gave to
the parties’ evidence or to the sufficiency of Appellees’ evidence in proving the
UTPCPL violation, as it has conflated those issues throughout its argument on
this issue. Master Force has not provided a clear argument on either a
sufficiency or a weight challenge and has failed to provide this Court with a
standard of review on either type of challenge in violation of Pa.R.A.P. 2119.
It is improper to conflate weight and sufficiency challenges. See
Commonwealth v. Widmer, 744 A.2d 745, 751-52 (Pa. 2000) (highlighting
the distinctions between the two claims). Moreover, “it is not the duty of this
Court to act as an appellant’s counsel, and we decline to do so.” C.H.L. v.
W.D.L., 214 A.3d 1272, 1277 (Pa. Super. 2019) (citation omitted). “We shall
not develop an argument for an appellant, nor shall we scour the record to
find evidence to support an argument; instead we will deem the issue to be
waived. Id. at 1277-78 (citation omitted). “This Court cannot conduct a
meaningful review if it has to guess what issues an appellant is appealing.”
Id. at 1278.
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Master Force’s conflation of its weight and sufficiency challenge and its
failure to provide a clear, developed argument with a standard of review of
either claim has hampered our ability to provide meaningful appellate review
of this issue. Accordingly, it is waived.
Common Law Claims
Issue 6, 7, and 8
In its sixth, seventh, and eighth issues, Master Force claims that the
trial court erred in entering judgment in favor of Appellees on their common
law claims of Breach of Contract, Breach of Express Warranty, and Breach of
Implied Warranty of Fitness for a Particular Purpose claims. Master Force’s
Brief at 52-55. In its Brief, Master Force has supported these allegations of
error, in significant part, by references to arguments it made in prior sections
of its Brief. Id.
Our Supreme Court has previously held that such “incorporation by
reference” is an unacceptable manner of appellate advocacy for the proper
presentation of a claim for relief to the Court. Commonwealth v. Edmiston,
634 A.2d 1078, 1092 n.3 (Pa. 1993). See, e.g., Commonwealth v.
Wholaver, 177 A.3d 136, 160 (Pa. 2018) (finding the appellant’s claim
undeveloped where he supported them, in significant part, by references to
arguments made in other parts of his appellate brief). The Rules of Appellate
Procedure specifically require a party to set forth in his or her brief, in relation
to the points of his argument or arguments, “discussion and citation of
authorities as are deemed pertinent,” as well as citations to statutes and
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opinions of appellate courts and “the principle for which they are cited.”
Pa.R.A.P. 2119(a), (b). Therefore, our appellate rules do not allow
incorporation by reference of arguments presented in support of other claims
in an appellant’s brief as a substitute for the proper presentation of discrete
argument in the body of the appellate brief. Master Force has, therefore,
waived Issues 6, 7, and 8.
Issue 9
In its ninth issue, Master Force claims that the trial court erred in
entering judgment in favor of Appellees on their Negligence claim. Master
Force’s Brief at 55-56. In particular, Master Force asserts that the “gist of the
action” doctrine bars Appellees’ Negligence claim. Id. at 55.
Pa.R.A.P. 1925(b)(4) requires, inter alia, that an appellant’s Rule
1925(b) Statement “concisely identify each error that the appellant intents to
assert with sufficient detail to identify the issue to be raised[.]” Pa.R.A.P.
1925(b)(4)(ii). “Issues . . . not raised in accordance with the provision of this
paragraph (b)(4) are waived.” Id. at (b)(4)(vii).
Our review of Master Force’s Rule 1925(b) Statement reveals that
Master Force failed to raise this issue with sufficient specificity. See Rule
1925(b) Statement, 7/18/19, at 9 (“This [h]onorable [c]ourt erred and/or
abused its discretion in finding in favor of [Appellees] and against Master Force
on [Appellees’] other claims (Count 2- Breach of Contract; Count 3- Breach of
Express Warranty; Count 5- Breach of Implied Warranty of Fitness; Count 6-
Negligence) for all the reasons set forth above and those set forth in Master
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Force’s Proposed Findings of Fact and Conclusions of Law.”). Because Master
Force did not specify that the “gist of the action” doctrine was the basis for its
claim of error, it has waived this claim.
Damages
Issue 10 – Actual Damages
In its tenth issue, Master Force claims that the trial court miscalculated
Appellees’ actual damages. Master Force’s Brief at 56-58. In particular,
Master Force avers that the court included in Appellees’ damages cash they
paid to Jeff Raymond for work that he performed in 2018 that exceeded the
scope of the Contract and, thus, were not damages attributable to Master
Force’s actions or inactions. Id. at 57. Master Force complains that the
“Raymond invoice,” which the trial court admitted as evidence at trial without
objection, was not itemized and included the installation of “GAF ice and water
barrier” and “repairs to venting.” Id. According to Master Force, Jeff
Raymond did not perform this work “as a result of any of Master Force’s
actions vis-a-vis the Roof or the Installation.” 28 Id.
To the extent that Master Force complains that Jeff Raymond’s invoice
“include[ed] items that were not included in the Contract” and was not
itemized,” we note that Master Force did not place any objection to admission
of the invoice at the time of trial. Likewise, Master Force did not object at trial
____________________________________________
28To the extent Master Force also argues that the trial court erred in awarding
Appellees $2,000 in damages to compensate them for the additional cost of
gutter installation because Appellees did not plead that claim, as discussed
supra, we find this issue meritless.
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to Appellees’ evidence that Jeff Raymond had done work beyond that specified
for in the Contract. Accordingly, Master Force waived this argument. See
Commonwealth v. Tha, 64 A.3d 704, 713 (Pa. Super. 2013) (noting that
“we have long held that failure to raise a contemporaneous objection to the
evidence at trial waives that claim on appeal.” (citation, internal quotation
marks, brackets omitted)).
Further, we disagree with Master Force’s assertion that the court’s
decision to award Appellees the full amount reflected on the Raymond invoice
“could only be based on pure conjecture and, therefore, amounted to an abuse
of discretion.” Master Force’s Brief at 57. The trial court credited the
testimony and evidence of Appellees and their experts and, in its February 15,
2019 Opinion, it provided an itemized list of the actual damages it attributed
to Master Force. Trial Ct. Op. at 12-14. After our review, we conclude that
the record supports the court’s determination and we will not disturb the trial
court’s credibility determinations. Master Force is, therefore, not entitled to
relief on this claim.
Issue 11 – Treble Damages
In its eleventh issue, Master Force claims that the trial court abused its
discretion when it awarded Appellees treble damages. Master Force’s Brief at
58-60. Master Force argues that treble damages were inappropriate because:
(1) it did not violate the UTPCPL; and (2) even if it did, Appellees did not
present evidence that Master Force’s actions were intentional, wrongful, or
reckless. Id. at 58-59.
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Pursuant to the UTPCPL, “[t]he court may, in its discretion, award up to
three times the actual damages sustained, but not less than one hundred
dollars ($100), and may provide such additional relief as it deems necessary
or proper. The court may award to the plaintiff, in addition to other relief
provided in this section, costs and reasonable attorney fees.” 73 P.S. § 201-
9.2(a).
As noted above, a violation of the HICPA constitutes a violation of the
UTPCPL. A trial court has considerable discretion to determine whether to
award treble damages upon determination that a defendant has violated the
UTPCPL. Johnson v. Hyundai Motor Am., 698 A.2d 631, 639-40 (Pa. Super.
1997). “An abuse of discretion may not be found merely because an appellate
court might have reached a different conclusion, but requires . . . manifest
unreasonableness, or partiality, prejudice, bias, or ill-will, or such lack of
support so as to be clearly erroneous.” Grady v. Frito–Lay, Inc., 839 A.2d
1038, 1046 (Pa. 2003).
In Johnson v. Hyundai Motor Am., supra, our Court stated:
It is undisputed that the imposition of exemplary or treble
damages is essentially punitive in nature. The law of Pennsylvania
clearly provides, however, that punitive damages are not
recoverable in an action solely based upon breach of contract.
Thorsen v. Iron and Glass Bank, [] 476 A.2d 928, 932 ([Pa.
Super.] 1984). See Standard Pipeline Coating Co. v.
Solomon & Teslovich, Inc., [] 496 A.2d 840, 844 ([Pa. Super.]
1985) (holding “punitive damages will not be assessed for mere
breach of contractual duties, where no recognized trespass cause
of action . . . arose out of the same transaction[.]”). Whereas in
contract actions, damages are awarded to compensate an injured
party for the loss suffered due to the breach, Empire Properties,
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Inc. v. Equireal Inc., [] 674 A.2d 297, 304 ([Pa. Super.] 1996),
the purpose of punitive damages is to punish outrageous and
egregious conduct done in a reckless disregard of another’s rights;
it serves a deterrence as well as a punishment function. Schecter
v. Watkins, [] 577 A.2d 585, 595 ([Pa. Super.] 1990). Therefore,
under the law of this Commonwealth, a court may award punitive
damages only if an actor’s conduct was malicious, wanton, willful,
oppressive, or exhibited a reckless indifference to the rights of
others. SHV Coal, Inc. v. Continental Grain Co., [] 587 A.2d
702, 704 ([Pa.] 1991); Rizzo v. Haines, [] 555 A.2d 58 ([Pa.]
1989). It is precisely these well-grounded principles of law that
we expect the trial courts will follow when, as in the instant case,
exercising discretion and awarding treble damages for breach of
contract/warranty under the UTPCPL.
698 A.2d at 639-40.
We, thus, review an award of treble damages for rationality and “focus
on the presence of intentional or reckless, wrongful conduct, as to which an
award of treble damages would be consistent with, and in furtherance of, the
remedial purposes of the UTPCPL.” Schwartz v. Rockey, 932 A.2d 885, 898
(Pa. 2007).
The trial court here found, and we have affirmed, that Master Force
violated Section 201-2 of the UTPCPL and also violated the UTPCPL by violating
the HICPA. Therefore, we consider only whether it abused its discretion in
awarding treble damages.
Master Force has not cited any authority in support of its bald claim that
the court’s award of treble damages represented an abuse of the court’s
discretion. Instead, Master Force claims that: (1) it could not have acted
recklessly or wrongfully because it advised Appellees that the type of roof they
initially sought was inappropriate for their home; and (2) the court abused its
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discretion in assessing treble damages against Master Force for the “improper
litigation actions” of DeHarder, WDMR, and Fox. Master Force’s Brief at 59-
60. Master Force has not indicated where the record shows that the court’s
award was the result of manifest unreasonableness, partiality, prejudice, bias,
or ill will. Grady, 839 A.2d at 1046. Master Force’s failure to cite to relevant
authority or the record to support its argument fatally impairs this Court’s
ability to review its claim. C.H.L., 214 A.3d at 1277-78. Accordingly, we find
it waived.
Issue 12 – Attorney’s Fees
In its twelfth issue, Master Force claims that the trial court abused its
discretion in awarding Appellees $195,159.20 in attorney’s fees. Id. at 60-
63.
Under the UTPCPL, “[t]he court may award to the plaintiff, in addition
to other relief provided[,] . . . costs and reasonable attorney fees.” 73 P.S. §
201-9.2. The trial court has discretion in awarding attorney’s fees, and an
appellate court will not disturb such an award unless the trial court abuses
that discretion. Skurnowicz v. Lucci, 798 A.2d 788, 796 (Pa. Super. 2002)
(superseded on other grounds by statute).
In exercising its discretion, the trial court must consider:
(1) The time and labor required, the novelty and difficulty of the
questions involved and the skill requisite properly to conduct the
case; (2) [t]he customary charges of the members of the bar for
similar services; (3) [t]he amount involved in the controversy and
the benefits resulting to the client or clients from the services, and
(4) [t]he contingency or certainty of the compensation.
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Neal v. Bavarian Motors, Inc., 882 A.2d 1022, 1030-31 (Pa. Super. 2005).
In addition, the trial court must link the fee award to the amount of
damages the plaintiff sustained under the UTPCPL, and eliminate from the
award of attorney fees the efforts of counsel to recover on non-UTPCPL
theories. Id. at 1031-32. Accordingly, the court should make an effort to
“apportion the time spent by counsel on the distinct causes of action.” Croft
v. P & W Foreign Car Services, 557 A.2d 18, 20 (Pa. Super. 1989).
We have, however, recognized that “where the plaintiffs are proceeding
on multiple theories of relief, including under the UTPCPL, it is difficult to parse
out the time between the UTPCPL claim and other causes of action.” Boehm
v. Riversource Life Ins. Co., 117 A.3d 308, 335 (Pa. Super. 2015). See
also Krishnan v. Cutler Group, Inc., 171 A.3d 856, 872 (Pa. Super. 2017)
(where this Court affirmed the trial court’s decision not to “discount” the fee
award because the time spent by counsel in litigating the case would be
“difficult to divide given the common underlying facts”).
In explaining its award of attorney’s fees as permitted under to the
HICPA and the UTPCPL, the court noted that, because Appellees proceeded on
multiple theories of relief, it “is extremely difficult to delineate the time spent
between the claims that [Appellees were] pursuing[.]” Trial Ct. Op., 6/10/19,
at 6. Accordingly, the court determined that it would “not reduce the
attorney’s fees or divide up the attorney’s fees among the various theories of
recovery that [Appellees] had set forth and pursued.” Id.- 33 -
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The court did, however, consider the factors set forth in Neal, supra,to establish the amount of attorney’s fees. Trial Ct. Op., 6/10/19, at 5-8. The
court noted that it was “satisfied from the testimony and exhibits received and
reviewed that the time and labor invested by [Appellees’] counsel was
required, given the novelty and difficulty of the questions involved, along with
the skill required to properly bring this matter to resolution.” Id. at 8. The
court found that Appellees’ counsel’s charges were appropriate and
customary, and the fees awarded were proportional to the amount in
controversy and the benefit Appellees received due to counsel’s efforts. Id.
Last, the court noted that counsel did not represent Appellees on a
contingency basis and awarded only the fees and expenses for which counsel
had prepared invoices, and which Appellees had paid. Id. In light of the
foregoing, we conclude that the trial court properly exercised its discretion in
awarding Appellees attorney’s fees.
Issue 13 – Denial of Master Force’s Cross-Claims
In its final issue, Master Force asserts that the trial court erred in
denying Master Force’s cross-claims for contribution or indemnity against
Wilton, DeHarder, Fox, and WDMR. Master Force’s Brief at 63-64.
Our review of the record indicates that Master Force did not present any
evidence at trial in support of its cross-claims. Nor has Master Force cited in
its appellate Brief to any part of the record where it where it established that
it met its burden of proof on any of its cross-claims. Thus, this claim amounts
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to nothing more than a vague, unsupported allegation that the trial court
“erred.” Master Force is, therefore, not entitled to relief.
Judgment affirmed.29
Judge Lazarus join the memorandum.
Judge Stabile concurs in result.
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 04/21/2020
____________________________________________
29 Our reversal of the trial court on two of Appellant’s four HICPA-based claims
does not alter the trial court’s Judgment in Appellees’ favor in any respect as
we have affirmed on two of Appellant’s HICPA-based claims, its UTPCPL
claims, and its common law claims.
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