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HomeMy WebLinkAbout07-5049~ ' Neil A. Grover, Esquire #53142 Attorney for Claimant 2201 North Second Street Harrisburg, PA 17110 (717) 260-9651/ FAX (717) 233-2342 groverlaw@ix. netcom. com IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY MANUEL A. TORO t/d/b/a TORO HOME REMODELING PO Box 61636 Harrisburg, PA 17106, Claimant-Contractor No. OrT - 5oyq l~L.~ KENNETH and MICHELLE SHULER 706 Cocklin Street , Mechanicsburg, PA 17055 . Defendants . MECHANICS' LIEN CLAIM 1. Claimant is Manuel A. Toro, trading and doing business as TORO HOME REMODELING, with a principal business mailing address of PO Box 61636, Harrisburg, Dauphin County, Pennsylvania 17106, files this mechanic's lien as a Contractor. 2. The Defendant-owners of the property subject to the lien are Kenneth and Michelle Shuler, adult individuals who own and reside at 706 Cocklin Street, Mechanicsburg, Cumberland County, PA 17055. 3. The date on which Claimant completed the work for which claim is made was on or about May 17, 2007. 4. Claimant files this claim under a contract with Kenneth and Michelle Shuler, dated December 2, 2006, wherein Claimant agreed to furnish labor and materials required in a 2nd floor addition to the existing residential property and repairs to a residence located, for a total contract sum of $77,901.76. A true and correct copy of the aforesaid contract is attached hereto as Exhibit A. A 5. Claimant further files this claim under a contract a written change order to the contract dated April 5, 2007 that was agreed upon by the parties and was for other or related alterations and repairs to the same premises, for a total cost of $6,707.95. A true and correct copy of the aforesaid change order is attached hereto as Exhibit B. 6. A further oral agreement with Defendants through Michelle Shuler occurred on or about May 2, 2007, wherein there a was agreed credit for certain changes would be provided by the contractor ,which credits totaled $2,603.08. 7. That oral agreement was reduced to correspondence, which also reflected the remaining balance due at completion, a sum equal to $22,639.81. A true and correct copy of the aforesaid correspondence is attached hereto as Exhibit C. 8. The amount claimed s $22,639.81, plus interest. 9. The improvement and property claimed to be subject to the lien is the residence and building and the adjoining real property and fixtures thereupon, as the improvement consisted of a 2'~ Floor addition, improvement, and repairs made and added to an existing structure at 706 Cocklin Street, Mechanicsburg, Cumberland County, PA 17055. Respectfully Submitted, LAW OFFj~'IJS OF NEIL A. GROVER Date: August 22, 2007 By _ 1 Neil A. Gr v • Esquire #53142 2201 North S and Street Harrisburg, PA 17110 (717) 260-9651 /Fax No. (717) 233-2342 groverlawnn.ix. netcom. com Attorney for Claimant .~. ~ ~ ~'DRO HOME .R.L~MODELI NG MANUEL A. TORO _ OFFICE: 717/3643587 PHARRISBIIRG, PA 17106 ~ Y ~ - s rq9 Fes: 717/561-0095 ~ ~ i ~. ~~ ~Y.TrIZ . i~-~.~,7r~'(I-~gME :I2/Zld6` ~. -532~~(kV~ORK).- 717'646i(~,3 6 CELL 7136 Gf)(?KI;)~ 5~'I'IT ~ ~~ .~ ~ QN ~ 2t'7D FLOOR CIIY;~TATE~ANp :,CU ~: ME~N~CS~'f~RGr, PA 17455 1. REMOVE GARAGE ROOF, 26'6" X 20', (530 SQ.FT.); ALSO REMOVE SMALL PORTION OF S 837 54 REAR SCREENED-IN PORCH . 2. INSTALL FOOTER FOR EXTENDED AI)DTTION 10'6" X 20', 36" BELOW GRADE, 12" X 12" 1 011.06 41L , 3. INSTALL BLOCK WALL, 8" X 8" X 16" TO GRADELEVEL (123 SQ.FT.) 813.03 4. INSTALL CONCRETE SLAB, 10'6"X20', TO MATCH EXISTING, 6" DEEP WITH 4" 999 60 GRAVELN'APOR BARRIER UNDER 6 X 6 No. 10 W WM; INSTALL REBAR INTO EXISTING ; GARAGE WALL 210 S .FT. 5. FRAME FLOOR ABOVE GARAGE WITH 2" X 10" X 12' LAG AND BOLT WERE NEEDED, 16" 2 548.00 OC , 6. FRAME EXTERIOR BARRING WALLS WITH 2" X 6", 16" OC AND INTERIOR WITH 2" X 4", " 2,954.96 16 OC 7. INSTALL CDX TONGUE AND GROOVE'/," PLYWOOD ON FLOOR ABOVE GARAGE, 1 696.50 GLUED AND NAILED TO JOISTS 720 S .FT. , 8. INSTALL EXTERIOR WALL SHEETING, CDX'/i" PLYWOOD (1,243 SQ.FT.), TO INCLUDE .1,802.35 X WATER VAPOR SEAL HOUSEWRAP 9. FRAME ROOF WITH 2" X 10", GABLE ROOF TO MATCH EXISTING HOUSE; 10'6" x 20' 2,760.20 SHED ROOF ON BACK END PORTION OF NEW ADDITION ~ . _ TO: INST'AI,L CDX ROOF T'ING, S/8" ON GABLE AND SHED ROOF (760 SQ.FT) _ , _ ,_ 1,065.60 11. INSTALL FIBERGLASS 3HINGLE,.25 YEAR WITH 30 LB. FELT PAPER, METAL DRIP EDGE 1 265.60 T MATCH EXISTING HOUSE 560 S .FT. , 12. INSTALL SINGLE-PLY, RUBB ROOF OVER SHED PORTION TO INCLUDE DRIP 897.84 EDGE 230 S .FT. 13. INSTALL 2" X 6° X 12' CEILING JOISTS 16" OC WITH THREE (3) DOUBLE PLATED 1,102.80 2" X 10" X 20' SOMERSET BEAMS 720 S .FT. 14. INSTALL'h" SHEETING IN ATTIC CRAWL SPACE IN NEW ADDITION (520 SQ.FT.) 613.60 15. REMOVE VINYL SIDING'AND SOFFIT FROM EXISTING HOUSE AND INSTALL NEW 6,987.34 VINYL SIDING AND SOFFIT TO EXISTING HOUSE AND ADDITION WITH 12" SOLID ° ~` fd0 p, ~ PERFORATED TO INCLUDE F AND J CHANNELS AND CORNERS 2 300 S .FT. 2~I s ~ 1 16. REMOVE GUTTERS AND DOWNSPOUTS FROM EXISTING HOUSE AND INSTALL NEW 5" 1,175.30 SEAMLESS GUTTERS AND 2" X 3" DOWNSPOUTS TO EXISTING HOUSE ONT AND REAR OF ADDTTIO 230 L ~ -- 17. INSTALL FOUR (4) WINDOWS 3-0 X 4-0 IN MASTER BEDROOM; ONE (1) 5-0 X 4-0 IN 1,350.00 MASTERBATHROOM 18,-INSTALL PRE-HUNG DOORS, 6-PANEL COLONIAL, THREE (3) 2-6X6-8; THREE (3) 1,385.32 CLOSET BI-FOLDS 3-0 X 6-8 SETS ; ONE (1) 3-0X6-8 EXTERIOR ENTRANCE; ALSO INSTALL •._ ONE' 1 METAL EXTERIOR DOOR 36" 19: INSTALL R-19 6'/1' INSULATION ON CEILINGS AND EXTERIOR WALLS (1,328 SQ.FT.) 1,102.00 20. INSTALL %:" DRYWALL IN MASTER BEDROOM (1,234 SQ.F'I'.); INSTALL %n" MOLSTURE 2,377.82 RESISTANT DRYWALL IN MASTER BATHROOM (424 SQ.FT.); ALSO INSTALL DRYWALL IN FIRST FLOG REAR ADDITION 210 S .FT. :::3~, 21. INSTALL COLONIAL BASEBOARD AND TRIM T FRAMING AND TRIIvIl~IING 485.30 WINDOWS NE 5 WIIVDOWS ,, 32. PAINT WALLS, CEILINGS, DOORS, BASEBOARDS 1 TRIM, ONE (1) COAT 2,319.51 TWO 2 COATS PAINT COST BASED ONONE CY1Ld1~ PAINT FOR ALL SURFACES 23. INSTALL NEW ELECTRICAL PANEL BOX TO INCREASE SERVICE TO 200 AMPS WITH 2,998.42 ADDITIONAL BREAKERS; TEN (10) DUPLEX OUTLETS; SIX (6) SINGLE POLE SWITCHES; ~ TWO (2) GFI RECEPTACLES IN MASTER BATHROOM; ONE (1) GFI BRF.AKE_R FOR WHIRLPOOL, TO INCLUDE TELEVISION AND TELEPHONE CABLE (ONE (1) EACH); FOUR (4) RECESSED FIXTURES, 6" ROUND IN MASTER BEDROOM TO INCLUDE ONE (1) DIIvIlvIER ~ SWITCH t ~~ 24. BATHROOM PLUMBING -INSTALL'/:" COPPER, ALL NEW VENTS, DRAIN PIPES, 6 200 00 DOUBLE BOWL SINK, CORNER SHOWBR STALL 36" X 36", WEi<IZLRL.POOL JACUZZI; TOILET; , . FLOOR WORK TO BE DONE IN LAUNDRY CONCRETE FLOOR AND SMALL BATHROOM TO CON ' ~~• NECT SEWER PII E (FAUCETS AND SHOWER FIXTURES INCLUDED) NOTE: THIS PRICE LS A BUDGET PRI E NOT TO EX C , CEED, A3 SPECIFIC BATHROOM ITEMS HAVE NOT BEEN SELECTED BY CUSTOMER TO DATE. CUSTOMER IS RESPONSIBLE FOR COST EXCEEDING THIS AMOUNT. 25. INSTALL CERAMIC TILE IN MASTER BATHROOM, 12" X 12" TII,E TO INCLUDE CEMENT 3,016.80 BOARD THIN SET MORT GROUTED AND SEALED 168 S .FT. 54.00 PER S " M'-~. ~{DO•°° 26. INSTALL CARPETING IN MASTER BEDROOM/CLOSETS (20'X24'); AND WALK-IN 1,596.00 CLOSET/ROOM (8' X 10') FOR A TOTAL OF 560 SQ.FT. W/MEDIUM GRADE ~ APPROXIMATELY 515.00 PER SQ.YD NOTE: THIS PRICE L4 A BUDGET PRICE, NOT TO EXCEED, AS SPECIFIC CARPET HAS NOT BEEN SELECTED BY CUSTOMER TO DATE. CUSTOMER IS RESPONSIBLE FOR COST EX ING THIS AMOUNT. 27. INSTALL NEW ELECTRICAL HEAT PUMP WITH A!C UNIT, 4 TON; HEATING AND 6,725.00 COOLING TO EXTEND INTO EXISTING HOUSE Il~4ITED WARRANTLY INCLUDED 28. INSTALL CONCRETE SLAB AT REAR, 20' X 12', 6" DEEP, T)ED IIVTO EXISTING SLAB (240 1,142.40 S .FT. 29. INSTALL FOLDING STAIRWAY IN MASTER BEDROOM CEII.ING TO ATTIC 431.57 30. INSTALL CLOSET SHELVES IN THREE (3) WALK-IN CLOSETS IN MASTER BEDROOM, 1,439.00 31. REMOVE AND REPLACE EXISTING GARAGE DOOR, 16' X 7' WITH NEW LIGHT SUN 2,406.77 PANEL AND INSTALL 8' X 7' GARAGE DOOR AT BACK OF ADDITION (BARN-LOOK) TO INCLUDE'/s" HP CONTROL OPENER 32. INSTALL AIIi PUMP VENT FOR CLOTHES DRYER TO OUTSIDE SOFFIT NOTE: PRICE ,00 FOR THIS TTEM3 IS PENDING 33. CLEAN UP AND HAUL AWAY ALL MATERIALS RELATED TO JOB 1,000,00 SUBTOTAL ~~~ PROFIT/OVERHEAD S12,901.44 TOTAL 577,408.67 ~~R t .. ~ .. ~ -~~ wrfh bov i{isl~coa'danee s e.a~,:foc #taW~G,oE ` ry * 1/3 DOWN PAYMENT DUE TO BEGIN JOB;1l3 PA YMENT DUE UPON SO•/. COMPLETION OF JOB AND THE REMAINING 1/3 BALANCE D UE UPON COMP N O JOB Alt awterial is guatameed to be as specified. All work to be completed ,ij M in a substantial worhnmlike mmner axording to spxi5ations submitted Per emodard-pradixw An alteration d i ti f . y or ev a on rom above speciScaHoas involving extta costs will be exearted only upon 30:. , -- writt~ orders, sod will become m attra charge ovc and above the estimate. All agneementa contingent upon strikes, accidents or delays ADD IOAG,L`CU114biENT3: beyond our control. Owner to carry fue, tornado and other necessary . insurance. ACCEPTANCE OF PROPOSAL The above price, apecillcations and conditions arc satisfactory end are hereby axepted. You ere authorized to do the work as specifed. Payment will be made as /1 outlined above. /J DATE OF ACCEPTANCE: ~ b /. SIGMA . /1~0~~ .~`~ ~Z~Z/6 = Zsas~.aq. 9~- ,I~B~ ~o ~ `" ~' ~~~~zr~y ~, ~~ a3©~ a x;'035 .$I ~, ~'(~-RO .HO.~IE ~E1~I4DELING MANUEL A. TORO P.O. BOX 61636 OFFICE: 717/564-3587 HARRISBURG, PA 17106 FAX: 717/561-0095 PROPd~AL-CHANGE D~I3ER PROPOSAL SUBMITTED TO: PHONE: DATE: KENNETH & MICHELLE SHULER 717/766-1674 (HOME) 4/5/07 717/566-5323. O STREET: JOB NAME: 706 COCKLIN STREET NIISCELLANEOUS CITY, STATE AND ZIP CODE:. MECHANICSBURG, PA 17055 WE HEREBY propose to fizrnish materials and labor necessary for the completion of 1. INSTALL R30 INSULATION IN GARAGE CEIING/FLOOR TO NEW ADDITION (740 $ 954 60 S .FT. . 2. INSTALL NEW 50-GALLON ELECTRICAL WATER HEATER FOR NEW ADDITION 682 91 BATHROOM . 3. INSULATION DIFFERENCE FROM R19 TO R30 IN CEILING OF NEW ADDITION 215.60 4. INSTALL NEW SUBPANEL BOX IN REAR GARAGE FOR ADDITIONAL BREAKERS 540 00 NEEDED . _ 5. INSTALL TYVEX IN EXISTING HOUSE BEIiORE INSTALLING SIDING 356.00 6. EXCEEDED $3,000.00 BATHROOM BUDGET ($4,408.05 EXPENDED) -.-~ 1,408.05 7. INSTALL 6" X 6" CERAMIC TILES (30 SQ.FT.) AROUND WHIRLPOOL TUB 677 70 PLEASE NOTE: THE ORIGINAL COST OF FLOOR TILES FROM ORIGINAL CONTRACT . REMAINSAS PRESENTED. 8. REWIRED THREE (3) DUPLEX RECEPTACLES AND ONE (1) SWITCH; ALSO ADDED 125 50 ONE 1 LIGHT IN HALLWAY TO NEW ADDITION . 9. INSTALL TWO (2) LIGHTS IN ATTIC 93.24 10. INSTALL TWO (2) OUTSIDE LIGHTS IN BACK OF REAR GARAGE WITH SWITCH 162.10 11. INSTALL TWO (2) MEDICINE CABINETS AND TWO (2) STRIl' LIGHT FIXTURES 110.46 12. INSTALL ELECTRICAL BASEBOARD HEATER WITH BUILT IN THERMOSTAT (2,000 263 80 WATTS . SUBTOTAL $5,589.96 PROFIT/OVERH EAD 1,117.99 TOTAL $6,707.95 PLEASE MAKE. CHECK PA `YABLE TO MANUEL A. ~'ORO -, TI~ANK YOII! May 7, 2007 Nlkfieile Shiner 706 Cockiin Street Mechanksiwrg, PA 17055 !~' ~°yop~oroMl6y"'~Ilddi~'prt -2"d t~lvr~rd i.?/2/016 Dear Mrs. Shiner: Per our conversatk~n this date, this letter serves 8S ada3cywl~edgen~rt and DOrlflrrr1at30n that you arse in mutual agreement with me that I wNl cornpiete aN work associated with re~ent3ed proposal. Onoe saki work is oorr~piete, Y+au agree to pay lire remaining balance in full associated with this proposal. Pfease be aware that the balance clue will be adfusted to reflect a credit fior the fioilorving d~arxies: 1. +Carpet in the amount of #1,915.20 2. 1/3 of doses shelving In the ~ncwnt of #576.00 3. l~nro (2) lights in attlc in the amotatt of #111.88 The total credit n $?.,603A8, IeBVing the balance due of $Z2,6~i.81 Results of my a recent conversation of May 2, 2007, with Mr. Cam' Ressler, Mecltanicsbur~g Ccxie Inspector, cor~irmed that the beam in question was not in the r~:fl~r~enoed proposal's scope of work. if You have any questions, please contact me. ~~9~ Manuel A. Toro Toro Hume Rernodekng P.O. Box 61636 Harrisburg, PA 17106 717/319-96Og MAT/lim cc: gill Ressler . . VERIFICATION I, Manuel A. Toro, verify that I am a Claimant in the within action; that the attached Claim is based upon facts of which I have personal knowledge or information furnished to me by my legal counsel; that the language of the document is that of counsel and not my own; and that the facts set forth in the foregoing document aze true and correct to the best of my knowledge, information and belief. I understand that the statements herein aze made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: ~/ 9~ anuel A. Toro \' 6-. ~ '~ 8 ~ ... ~ c _ ~ O 3 ~ b =' ~ ~~ ~ c-: ~ ~~ r ~~~ n . { °f t~) ~ ~; . c~) ~ Z ~-; '~ --~ ~,~; ' Cq -' c, :a ~ _r µ~"w D t€+ "'G rn 19 SHERIFF'S RETURN - REGULAR ,+ CASE N0: 2007-05049 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TORO MANUEL A TDBA TORO HOME VS SHULER KENNETH ET AL RONALD HOOVER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within MECHANICS LIEN CLAIM was served upon SHULER KENNETH the OWNER at 2038:00 HOURS, on the 17th day of September, 2007 at 706 COCKLIN STREET MECHANICSBURG, PA 17055 by handing to a true and attested copy of MECHANICS LIEN CLAIM together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 .Service 10.56 Postage .58 Surcharge 10.00 .00 q~ay~o7 ~ ~/ 39.14 Sworn and Subscibed to before me this day of So Answers: f R. Thomas Kline 09/18/2007 NEIL GROVER By: Deputy Sh iff A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-05049 P l~ COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TORO MANUEL A TDBA TORO HOME VS SHULER KENNETH ET AL RONALD HOOVER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within MECHANICS LIEN CLAIM was served upon SHULER MICHELLE the OWNER at 2038:00 HOURS, on the 17th day of September, 2007 at 706 COCKLIN STREET MECHANICSBURG, PA 17055 by handing to KENNETH SHULER, HUSBAND a true and attested copy of MECHANICS LIEN CLAIM together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 Service .00 ,.. r~ ~"`"~ Affidavit .00 Surcharge 10.00 R. Thomas Kline 00 9)a4)o'I 1~ 09/18/2007 NEIL GROVER Sworn and Subscibed to By: ~. before me this day Deputy S eriff of A.D. F:\FII.ES\Ctimts\13037 Shula\I3037.I.Praecipe Created: 920/04 0:06PM Revised: 3/4/09 2:19PM David A. Fitzsimons, Esquire I.D. No. 41722 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Cazlisle, PA 17013 (717) 243-3341 MANUEL A. TORO IN THE COURT OF COMMON PLEAS t/d/b/a TORO HOME REMODELING, CUMBERLAND COUNTY, PENNSYLVANIA Claimant-Contractor v. KENNETH and MICHELLE SHULER, Defendants N0.07-5049 MLD PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Enter the appeazance of MARTSON LAW OFFICES on behalf of Defendants in the above matter and issue a rule upon the Claimant-Contractor, pursuant to Pa. R.C.P. No. 1659, to file a Complaint within twenty (20) days after service of the rule, or be forever barred ffrom so doing. Dated: Mazch 4, 2009 MARTSON LAW OFFICES By David A. Fitzsimons, Esquire I.D. No. 41722 10 East High Street Cazlisle, PA 17013 Attorneys for Defendant JJLL RULE AND NOW, this ~T?lay of~~~ 2009, a Rule is issued upon the Claimant- Contractor to file a Complaint within twenty (20) days from service hereof. ro onotary CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deazdorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Cazlisle, PA, first class mail, postage prepaid, addressed as follows: Neil A. Grover, Esquire 2201 North Second Street Harrisburg, PA 17110 MARTSON LAW OFFICES Y cia D. Eckenroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: Mazch 4, 2009 ~a ~ i . ~' Cat r-` Z ao. ~= -- ~~: cn.=- ;~,:. ~' ~- ` ~ s Neil A. Grover, Esquire #53142 Attorney for Plaintiff 2201 North Second Street Harrisburg, PA 17110 (717) 260-9651/ FAX (717) 233-2342 groverlawiu~ix. netcorn.com IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY MANUEL A. TORO Plaintiff and Claimant-Contractor v. . N0.07-5049 MLD KENNETH and MICHELLE SHULER Defendants TO: Kenneth and Michelle Shuler, Defendant c/o David A. Fitzsimons, Esquire MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 NOTICE TO DEFEND 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION A,$OUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY !BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 '~ ! s Neil A. Grover, Esquire #53142 Attorney for Plaintiff 2201 North Second Street Harrisburg, PA 17110 (717) 260-9651/ FAX (717) 233-2342 groverlaw(ul ix. netcom. com IN THE COURT OF COMMON PLEAS FOR CUMBERLAND BOUNTY MANUEL A. TORO Plaintiff and Claimant-Contractor v. N0.07-5049 MLD KENNETH and MICHELLE SHULER Defendants COMPLAINT NOW COMES Plaintiff, Manuel A. Toro, by and through his attorney, Neil A. Grover, and for his Complaint states: 1. The Plaintiff, Manuel A. Toro, is an adult individual who resides at 210 Park Terrace, Harrisburg, Dauphin County, Pennsylvania 17111. 2. The Defendants KENNETH and MICHELLE SHULER, each afire adult individuals who reside at and hold legal and/or equitable title to certain real property, at the address of 706 Cocklin Street, Cumberland County, Mechanicsburg, PA 17055. 3. Mr. Toro is and remains a general contractor. 4. Mr. Toro performed or caused to be performed significant residential construction and improvements at the Defendants' premises at issue. 5. Near the completion of the job, the Defendants refused and otherwise failed to pay the remainder of the contract. 6. On about August 23, 2007, a proper mechanic's lien was filed against the Defendants for the work completed at the above property by Mr. Toro. A true and correct copy of ~ e ~ which is attached as Exhibit A. 7. On about September 7, 2007, a proper related Notice of Claim was served on the Defendants. 8. The debt owed the Plaintiff is the sum of $22,639.81, plus interest, expenses and other costs of pursuing the debt. 9. The work at issue was completed in a timely, proficient, workmanlike and professional manner. 10. Accordingly, M. Toro is entitled to be paid for all work performed. COUNTI BREACH OF CONTRACT 11. Paragraphs 1 to 10 are incorporated herein as if set forth again in full. 12. The Defendant-homeowners have failed to timely pay a just and agreed obligation for work performed at the property. 13. As a result of the Defendants' failure to pay this debt, the Plaintiff's has suffered a loss of revenue, the benefit agreed upon in the contract(s) at issue and actual damages. 14. The Defendants refusal to perform pay the obligation is a breach of agreement that has resulted in the losses to the Plaintiff set forth above. WHEREFORE, Plaintiff Manual A. Toro respectfully requests that judgment be entered in his favor and against Defendants Kenneth and Michelle Shuler in the amount of $22,639.81, plus interest thereon, expenses and other actual damages, costs of suit, attorneys' fees, if any, as allowed by law, and whatever additional relief is deemed just and proper by the Court. 2 i ~~- COUNT II BREACH OF IMPLIED CONTRACT 15. Paragraphs 1 to 14 are incorporated herein as if set forth again in full. 16. In the alternative, the agreement(s) for construction and improviements to the property at issue was, in whole or part, an implied contract with each or both Defendants, as Plaintiff relied upon the representations to undertake the work he agreed to perform for the payments agreed upon. 17. The Defendants refusal to pay the balance due on the contract constituted a breach of that implied contract that has resulted in the losses to the Plaintiff set forth above. WHEREFORE, Plaintiff Manual A. Toro respectfully requests that judgment be entered in his favor and against Defendants Kenneth and Michelle Shuler in the amount of $22,639.81, plus interest thereon, expenses and other actual damages, costs of suit, attorneys' fees, if any, as allowed by law, and whatever additional relief is deemed just and proper by the Court. COUNT III CONTRACTOR AND SUBCONTRACTOR PAYMENT ACT 18. Paragraphs 1 to 17 are incorporated herein as if set forth again in full. 19. The contract(s) at issue are subject to the Pennsylvania Contractor and Subcontractor Payment Act, 73 P.S. 501, et seq. (hereinafter the "CSPA") 20. The Defendants failures to give timely written notice of disputes violated the provisions of the CSPA. 21. The Defendants failures to make payments when due violated Che provisions of the CSPA, 3 22. The violations of the Defendants of the CSPA are both discrete specific violations and continuing violations of the Act. 23. In addition to other relief, the Plaintiff is entitled to an award of penalties and attorney fees in accordance with the CSPA. WHEREFORE, Plaintiff Manual A. Toro respectfully requests that judgment be entered in his favor and against Defendants Kenneth and Michelle Shuler in the amount of $22,639.81, plus interest thereon, penalties in the amount of 1 % per month for the sums wrongfully withheld under the CSPA, expenses and other actual damages, costs of suit, attorneys' fees under the CSPA and whatever additional relief is deemed just and proper by the Court. Respectfully Submitted, LAW OFFICE OF NEIL A. GROVER Date: March 25, 2009 By Neil .Grover, Esquir 3142 2201 North Second Str e Harrisburg, PA 17110 (717) 260-9651 /Fax No. (717) 233-2342 groverlaw(a,ix. netcom. co~ri Attorney for Plaintiff 4 ~., ~ , VERIFICATION I, Neil A. Grover, Esquire, confirm that I am counsel for the Plaintiff in thhis matters; that the Plaintiff s verifications could not be obtained within the time allowed for the filing of this COMPLAINT; and therefore on the basis the available records, prior pleadings, information and belief, I verify that the statements made in the foregoing document is true and correct. A substitute verification of Plaintiff will be obtained and filed in a timely manner. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. ~' + ~' Date: ~ ~ 2 ~ ~f.~ eil A. Grover L._ TORO v. SHULER Cumberland County CCP Civil Action- Law N0.07-50491WILD EXHIBIT A Neil A. Grover, Esquire #53142 Attorney for Claimant 2201 North Second Street Harrisburg, PA 17110 (717} 260-96511 FAX {717) 233-2342 Qroveriaw(c~r ix netcom.com IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY MA,NUEL A. TORO t/d/b/a TORO HOME REMODELING PO Bo~c 61636 Harrisburg, PA 17106, Claimant-Contractor ~~~ ~~ No p'~ - . ~ a ° KENNETH and MICHELLE SHULER _ ~_"" "' p 706 Cocklin Street ,.:, ~ c ~ ~ Mechanicsburg, PA 17055 ~ `~ 1 , r~ -~ r~,~ Defendants "= -~ c.~ ~ .. .,~, MECHANICS' ;. LIEN CLAIM ~'~ ` ' ` ~' ' ~ E 1. Claimant is Manuel A. Toro, trading and doing business as TORO HON~ `~ REMODELING, with a principal business mailing address of PO Box 61636, Harrisburg, Dauphin County, Pennsylvania 17106, files this mechanic's lien as a Contractor. 2. The Defendant-owners of the property subject to the lien aze Kenneth and Michelle Shiner, adult individuals who own and reside at 706 Cocklin Street, Mechanicsbuxg, Cumberland County, PA 17055. 3. The date on which Claimant completed the work for which claim is made was on or about May 17, 2007. 4. Claimant files this claim under a contract with Kenneth and Michelle Shiner, dated December 2, 2006, wherein Claimant agreed to furnish labor and materials required in floor addition to the existing residential property and repairs to a residence located, for a tota contract sum of $77,901.76. A true and correct copy of the aforesaid contract. is attached h as Exhibit A. ::, 5. Claimant further files this claim under a contract a written change order to the contract dated April 5, 2007 that was agreed upon by the parties and was for other or related alterations and repairs to the same premises, for a total cost of $6,707.95. A true and correct copy of the aforesaid change order is attached hereto as Exhibit B. 6. A further oral agreement with Defendants through Michelle Shiner occurred on or about May 2, 2007, wherein there a was agreed credit for certain changes would be provided by the contractor ,which credits totaled $2,603.08. 7. That oral agreement was reduced to correspondence, which also reflected the remaining balance due at completion, a sum equal to $22,639.81. A true and correct copy of the aforesaid correspondence is attached hereto as Exhibit C. 8. The amount claimed s $22,639.81, plus interest. 9. The improvement and property claimed to be subject to the lien is the residence and building and the adjoining real property and fixtures thereupon, as the improvement consisted of a 2nd Floor addition, improvement, and repairs made and added to an existing structure at 706 Cocklin Street, Mechanicsburg, Cumberland County, PA 17055. Respectfully Submitted, LAW OFFI~S OF NEIL A. GROVER Date: August 22, 2007 By~( Neil A. #53142 2201 North S~ond Street Harrisburg, PA 17110 (717) 260-9651 /Fax No. (717) 233-234; groverlawCa~rx. netcom, com Attorney for Claimant ~~-: ~. - , ~'ORO HOME REMODELING MANUEL A: TORO OFFICE: 717/5643587 I L g _, S ~~ g FAX: 717/561-0095 P.O. BO% 61636 ` ~ AARRLS'i3URG, PA 17106 _ ~ ~~ ~ ' e x ~~ .t? r -. 4S YY~ ` ( ~ ~' ~. f •~ ~d ' tP ~#~hd~ . a •. S ~ * ~ 4~ ,~ 5 rt.. t s 5 i., eR.'x, r. ~. ~ ~,_ 1. REMOVE GARAGE ROOF, 26'6" X 20', (530 SQ.FT.); ALSO REMOVE SMALL PORTION OF $ 837.54 REAR SCREENED-IN PORCH 2. `INSTALL FOOTER FOR EXTENDED AIIDTTION 10'6" X 20', 36" BELOW GRADE, 12" X 12" 1,011.06 41 3. INSTALL BLOCK WALL, 8" X 8" X 16'.' TO GRADE LEVEL (123 SQ.FT.) 813.03 4. INSTALL CONCRETE SLAB, 10'6" X 20', TO MATCH EXISTING, 6"DEEP WITH 4" 999:60 GRAVEL/VAPOR BARRIER UNDER 6 X 6 No. 10 W WM; INSTALL REBAR INTO EXISTING GARAGE WALL 210 S .FT. ' 5. FRAME FLOOR ABOVE GARAGE WITH 2" X 10" X 12' LAG AND BOLT WERE NEEDED, 16" 2,548.00 OC 6. FRAME EXTERIOR BARRING WALLS WITH 2" X 6", 16" OC AND INTERIOR WITH 2" X 4", 2,954.96 16" OC . 7. INSTALL CDX TONGUE AND GROOVE'/a" PLYWOOD ON FLOOR ABOVE GARAGE, 1,696.50 GLUED AND NAILED TO JOLST3 720 S .FT. 8. INSTALL EXTERIOR WALL SIiEETING, CDX %" PLYWOOD (1,243 SQ.F'I'.), TO INCLUDE 1,802.35 TYVEX WATER VAPOR SEAL HOUSEWRAP 9. $RAME ROOF WITH 2" X 10", GABLE ROOF TO MATCH EXISTING HOUSE; 10'6" x 20' 2,760.20 SH®ROOF ON BACK END PORTION OF NEW ADDITION ~: - --- ' ~r TQ INSTA7~DX ROO : <3, 5/8" ON GABLE AND SHED ROOF (760 SQ.FT.) 1,065.60 11. INSTALL FIBERGLASS SHINGLE, 25 YEAR WITH 30 LB. FELT PAPER, METAL DRIP EDGE 1,265.60 T TOH EXISTING HOUSE 560 S .FT. 12. INSTALL SINGLE-PLY, RUBBERIZED ROOF OVER SHED PORTION TO INCLUDE DRIP 897.84 EDGE 230 S .FT: 13`. INSTALL 2" X 6" X 12' CEILING JOISTS 16" OC WITH THREE (3) DOUBLE PLATED 1,102.80 2" X 10" X 20' SOMERSET BEAMS 720 S .FT. 14. INSTALL%" SHEE'TII~IG IN ATTIC CRAWL SPACB IN NEW ADDITION (520 SQ.FT.) 613.60 REMOVE VINYL SIDING AND SOFFIT FROM EXISTING HOUSE AND INSTALLNEW 15 6,987.34 . EXISTING HOUSE AND ADDITION WITH 12" SOLID ANI); i l VINYL SIDING AND' SOFFIT TO f p p 0. °D 7 . PERFORATED TO INCLUDE F AND J CHANNELS AND CORNERS 2 300 S .FT. ~ RBI ~ 1 1G. REMOVE GUTTERS AND DOWNSPOUTS FROM EXISTING HOUSB AND INSTALL NEW 5" 1,175.30 SEAMLESS GU'PTBRS AND 2" X 3" DOWNSPOUTS TO EXISTING HOUSE aNn annnrcln~t RONT AND REAR OF ADDTTIO 230 ~ - 17. INSTALL FOUR (4) WINDOWS 3-0 X 4-0 IN MASTER BEDROOM; ONE (1) 5-0X4-0 IN 1,350.00 MASTER BATHROOM 18tINSTALL P.ItE-HUNG DOORS, 6-PANEL COLONIAL, THREE (3) 2-6X6-8; THREE (3) 1,385.32 CLOSET BI-FOLDS 3-0 X 6-8 SETS ; ONE (1) 3-0X6-8 EXTERIOR ENTRANCE; ALSO INSTALL ~- .:ONE' 1~ METAL EXTERIOR DOOR 36" '~ 19.%'INST~lLL R=19 6'/i" INSULATION ON CEILINGS AND EXTERIOR WALLS (1,328 SQ.FT.) 1,102.00 -20. INSTALL'/:" DRYWALL IN MASTER BEDROOM (1,234 SQ.FT.); INSTALL''/s" MOLSTURE 2,377.82 RESISTANT DRYWALL IN MASTER BATHROOM. (424 SQ.FI'.); ALSO INSTALL DRYWALL IN FIRST FLOG REAR ADDITION 210 S .FT. ~~. 21. INSTALi, COLONIAL• BASEBOARD AND TRIM FRAMING AND TRi1vIlVIING 485.30 WINDOWS 5 WINDOWS ... ~` 22. PAINT WALLS, CEILINGS, DOORS, BASEBOARDS Ai~ji7`' ., ''TRIM, ONE (1) COAT 2,319.51 TWO 2 COATS PAINT COS~'BASED ON ONE COZd'g PAINT FOR ALL SURFACES ' 23. INSTALL NEW ELECTRICAL PANEL BOX TO INCREASE SERVICE TO 200 AMPS WITH 2,998.42 ADDITIONAL BREADS; TEN (10) DUPLEX OUTLETS; SIX'(6) SINGLE POLE SWITCHES; TWO (2) GFI RECEPTACLES IN MASTER BATHROOM; ONE (1) GFI BREAKER FOR WFIIFtI POOL, TO INCLUDE TELEVISION AND TELEPHONE CABLE (ONE (1) EACH); FOUR (4) RECESSED FIXTURES, 6" ROUND IN MASTER BEDROOM TO INCLUDE ONE (1) DII~~IlvIER ~ • SWITCH 24. BATHROOM PLUMBING -INSTALL 1/:" COPPER, ALL NEW VENTS, DRAIN PIPES, 6,200.00 DOUBLE BOWL SINK, CORNER SHOWER STALL 36" X 36", WHIRLPOOL JACUZZI; TOILET; HROOM TO p40• d FLOOR WORK TO BE DONE IN LAUNDRY CONCRETE FLOOR AND SMALL BAT 3 CONNECT SEWER PIPE (FAUCETS AND SHOWER FDi<TURES INCLUDED) d' ~~ ~ , NOTE: THLS PRICE IS A BUDGET PRICE, NOT TO EXCEED, AS SPECIFIC BATHROOM ITEMS HAVE NOT BEEN SELECTED BY CUSTOMER TO DATE. CUSTOMER IS RESPONSIBLE FOR COST EXCEEDING THIS AMOUNT. INSTALL CERAMIC TILE IN MASTER BATHROOM, 12" X 12" TILE TO INCLUDE CEMENT 25 3,016.80 ~ °° . BOARD THIN SET MORTAR, GROUTED AND SEALED 168 S .FT. $4.00 PER S 'SRM~ ~~a• 26. INSTALL CARPETING IN MASTER BEDROOM/CLOSETS (20' X 24'); AND WALK-IN 1,596.00 CLOSETlROOM (8' X 10') FOR A TOTAL OF 560 SQ.FT. W/MEDIUM GRADE Q i APPROXIMATELY $15.00 PER SQ.YD NOTE: THIS PRICE IS A BUDGET PRICE, NOT TO E%CEEp, AS SPECIFIC CARPET HAS NOT BEEN SELECTED BY CUSTOMER TO DATE. CUSTOMER IS RESPONSIBLE FOR COST EX ING THLS AMOUNT. 27. INSTALL NEW ELECTRICAL HEAT PUMP WITH A/C UNIT, 4 TON; HEATING AND 6,725.00 COOLING TO EXTEND INTO EXISTING HOUSE IMITED WARRANTLY INCLUDED 28. INSTALL CONCRETE SLAB AT REAR, ZO' X 12', 6" DEEP, TIED INTO EXISTING SLAB (240 1,142.40 S .FT. 29. INSTALL FOLDING STAIRWAY IN MASTER BEDROOM CEILING TO ATTIC 431.57 30. INSTALL CLOSET SHELVES IN THREE (3) WALK-IN CLOSETS IN MASTER BEDROOM, 1,439.00 31. REMOVE AND REPLACE EXISTING GARAGE DOOR, 16' X 7' WITH NEW LIGHT SUN 2,406.77 PANEL AND INSTALL S' X 7' GARAGE DOOR AT BACK OF ADDITION (BARN-LOOK) TO INCLUDE'/," HP CONTROL OPENER 32. INSTALL AIR PUMP VENT FOR CLOTHES DRYER TO OUTSIDE SOFFIT NOTE: PRICE .00 FOR THIS MS IS PENDING 33. CLEAN UP AND HAUL AWAY ALL MATERIALS RELATED TO JOB 1,000.00 SUBTOTAL $64'507'23 PROFIT/OVERHEAD $12,901.44 TOTAL $77,408.67 ~g ~ ~ 4 '~}} ~ x4 ' ~ yi t .~' ~ ~f ~ll.~ l}R~'. * 1/3 DOWN PAYMEN'P DUE TO BEGIN JOB; 1/3 PAYMENT DUE UPON 50% COMPLETION OF JOB AND THE REMAINING 1/3 BALANCE DUE UPON COMP N O JOB All material is guararteed to be as specified. All work to be completed ~ "~^; ~ x r r ' ~ ~ , $ 8 Substantial WOIYII18ttWCe mama' aeCOrdmg t0 apeClfiCatl°n9 bmitted, per standard pradius. Any alteration or deviation from ;;1~]O r w '""'dj`_r'-_~;:; ~ above specifications involving extra cascc will be executed only upon ° dce 30 da written orders, and will become an aura charge over and above the ADD ~ ONAL Z!ixMENT3:" , estimate. All agreements eeatingent upon strikes, accidems or delays beyond our control Owner to carry fire, tornado and other necessary insurance. ACCEPTANCE OF PROPOSAL The above prices, specifications SI ' and conditions ere satisfactory and ate hereby accepted. You are authorized to do the work as specified. Payment will be made as /~ outlined above. I~ IYA`I'E'b~ AGt:'@?1;A1!ICE: ' Z b G SIGMA l le e .~ ~ iz/Z/ 6 - Zsa yd: ~5 eo a 3~ 0~1 .~~ ,\ ~~~ ~. 5 V ~-. ~ ~ s 1~'IANiTEL A. TORO P.O. BOX 61636 FCA.RRISBURG, PA ].7106 OFFICE: 7171564-3587 FAX: 717/561-0095 WE HEREBY propose to furnish matersals and labor necessary for the completion o~ i. INSTALL R30 INSULATION IN GARAGE CEIING/FLOOR TO NEW ADDITION (740 S .FT. $ 954.6 2. INSTALL NEW 50-GALLON ELECTRICAL WATER HEATER FOR I~TEW ADDITION BATHROOM 682.9 3. INSULATION DIFFERENCE FROM R19 TO R30 IN CEILING OF NSW ADDITION 215.6 4. INSTALL NEW SUBPANEL BOX IN REAR GARAGE FOR ADDITI NAL BREAKERS NEEDED 540.0 5. INSTALL TYVEX IN EXISTING HOUSE BEFORE INSTALLING S ING 356.0 6. EXCEEDED $3,000.00 BATHROOM BUDGET {$4,408.05 EXPEND D) 1,408.(' 7. INSTALL 6" X 6" CERAMIC TILES (30 SQ.FT.) AROUND WHIRL OOL TUB Ply NOTE: THE ORt'GIlYAL COST OF FLOOR 7TLES FROM O~.IGINAL CONTRACT 12EMA1NSAS PRESENTED. 677.' 8. REWIRED THREE (3} DUPLEX RECEPTACLES AND ONE (1) SWITCH; ALSO ADDED ONE 1 LIGHT IN HALLWAY TO NEW ADDITION 125. 9. INSTALI. TWO (2} LIGHTS IN ATTIC 93 10. INSTALL TWO (2} OUTSIDE LIGHTS IN BACK OF REAR GARAGE WITH SWITCH 16~ 11. INSTALL TWO (2) MEDICINE CABINETS AND TWO (2} STRII' ILIGHT FI;~TURES i 1 ~ 12. INSTALL ELECTRICAL BASEBOARD HEATER WITH BUILT I,~T THERMOSTAT (2,000 WATTS 26 SUBTOTAL ~ $5, PROFITIOVER HEAD TOTAL PLEA~S'~' ..1-~AKE CHECK .i~,.A ~'A13.,LE .T(' .1VIANUEL A. T'ORp --~ THANK Y(?IT 1~ ~~ ~ ~ May 7, 2007 Michelle Shiner 746 Cockiin Street Mechanicsburg, PA 17055 ~ .• P~r~aura/ fiw'.fddl~iirm - ,Zid her dated iZ/Z/OS Dear Mrs. Shiner: Per our conversation this date, this iet6er serves as acia~owledgement end confirmation tha# you are in mutual agreement with me that I will complete all wortk associated with refd proposal. Once said work is complete, you agree bo pay tl~e remaining balance in full associated with this proposal. Please be aware that the balance due will be ad~usbed bo reflect a cast for the following changes; 1. Carpet in the amount of $1,915.70 2. 1/3 of closet sheiying in the amounfi of $576.40 3. Two {2) lights in attic in the amount of $111.88 The tiotai credit is $2,603.x, leaving the balance due of $?.~,639.$i ResuiCs of my a resent cornrersat3an of May 2, 2007, with Mr. Cuff Resler, Mecttarticslwrg Code Inspector, confirmed that the ream in question was not in the referenced proposal's scope of yrrortc. If you have any questions, please contact me. Sincerely, Manuel A. Toro Toro Home Remodeling P.O. Box 6163b Harrisburg, PA 17106 ?17j319-9608 MAT/iim cc: Gift' Ressler a ~ ,~ VERIFICATION I, Manuel A. Toro, verify that I am a Claimant in the within action; that the attached Claim is based upon facts of which I have personal knowledge or information furnished to me by my legal counsel; that the language of the document is that of counsel and not my own; amd that the facts set. forth in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that the statements herein are made subject to the penalties' of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: 7! 9/~ anuel A. Toro a, l ~ .M TORO v. SHULER Cumberland County CCP Civil Action- Law N0.07-5049 I~VILD EXHIBIT B •- ~ ~ Neil A. Grover, Esquire #53142 Attorney for Claimant 2201 North Second Street Harrisburg, PA 17110 (717) 260-9651/ FAX (717) 233-2342 oroverlaw(c~r iz.netcom.com IN THE COURT OF COMMON PLEAS. FOR CUMBERLAND COUNTY MANUEL A. TORO t/d/b/a TORO HOME REMODELING PO Box 61636 Harrisburg, PA 17106, Claimant-Contractor v. KENNETH and MICHELLE SHULER 706 Cocklin Street Mechanicsburg, PA 17055 • Defendants N0.07-5049 MLD NOTICE OF CLAIM TO: KENNETH SHULER 706 COCKLIN STREET MECHANICSBURG, PA 17055 Please be advised that on August 23, 2007, there was filed in the Court of Common Pleas of Cumberland County at No. 07-5049 MLD, a mechanic's lien claim, a true and correct copy of. which is attached hereto. Respectfully Submitted, Dated: September 7, 2007 LAW OFFICES OF NEIL A. GROVER By - Nei A. Grove squire #~'S3142 2201 North cond Street Harrisburg, PA 17110 (717) 260-9651/ FAX (71'7) 233-2342 gr~overlaw~a,ix.netcom.com Attorney for Claimant-Contractor ,Y ~ ~ WE DO HEREBY CERTIFY THAT THIS DOCUI~NT IS A TRUE AND • CO T COPY OF THE Neil A. Grover, Esquire #53142 ~ ORI~AL FII ED IN THIS ACTION. Attorney for CIsimant BY 2201 North Second Street Harrisburg, PA 17110 (717) 260-9651/FAX (717) 233-2342 ~roverlaw(a2ix. netcom. c om IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY MANUEL A. TORO t/d/b/a TORO HOME REMODELING PO Boz 61636 Harrisburg, PA 17106, Claimant-Contractor No. o'? - ~9 1'~CLD KENNETH and MICHELLE SHULER ~ ~ 706 Cocklin Street ~ ~ _ ''.~~i ~ Mechanicsburg, PA 17055 rz i f ; c Defendants z ; ~ ~ -<<~ c; c.a MECHANICS' LIEN CLAIM ~ t ; ~ om ~~ ~~, C T~ 1. Claimant is Manuel A. Toro, trading and doing business as TORCJ H(E ,_ ~ ~n -,c REMODELING, with a principal business mailing address of PO Box 61636, H~nrisburg, Dauphin County, Pennsylvania 17106, files this mechanic's lien as a Contractor.. 2. The Defendant-owners of the property subject to the lien are Kenheth and Michelle Shiner, adult individuals who own and reside at 706 Cocklin Street, Mechanicsburg, Cumberland County, PA 17055. 3. The date on which Claimant completed the work for which claim is made was on or about May 17, 2007. 4. Claimant files this claim under a contract with Kenneth and Michelle Shiner, dated December 2, 2006, wherein Claimant agreed to furnish labor and material$ required in a 2na s floor addition to the existing residential property and repairs to a 'residence located, for a total contract sum of $77,901.76. A true and :correct copy of the aforesaid contract is ''attached hereto as Exhibit A. . ~ ~ ~+ 5. Claunant further files this claim under a contract a written change order to the contract dated Apri15, 2007 that was agreed upon by the parties and was for other or related alterations and repairs to the same premises, for a total cost of $6,707.95. A true and correct copy of the aforesaid change order is attached hereto as Ezhibit B. 6. A further oral agreement with Defendants through Michelle Shiner occurred on or about May 2, 2007, wherein there a was agreed credit for certain changes would be provided by the contractor ,which credits totaled $2,603,08. 7. That oral agreement was reduced to correspondence, which also reflected the remaining balance due at completion, a sum. equal to $22,b39.81. A true and correct copy of the aforesaid correspondence is attached hereto as Ezhibit C. 8. The amount claimed s $22,639.81, plus interest. 9. The improvement and properly claimed to be subject to the lien: is the residence and building and the adjoining real property and fixtures thereupon, as the improvement consisted of a 2°d Floor addition, improvement, and repairs made and added to an existing structure at 706 Cocklin Street, Mechanicsburg, Cumberland County, PA 17055. Respectfully Submitted, Date: August 22, 2007 LAW OFFS OF NEIL A. GROVER By Neil A. Gr v Esquire #53142 2201 North S and Street Hamsburg, PA 17110 (717) 260-9651 /Fax No. (717) 233-2342 groverlaw(cr~,ix.netcom. com Attorney for Claimant µ~J " ~ ~'OR O HOME REMODELIIV ^G 1V~ANUEI, A: TORO OFFICE: 717/564-3587 ~ 8 _ S yq q FAX: 717/561-0095 P.O.};Ox 61636 ~ t7ARRT.CRTJRG, Y9 17106 o .~ .. ; ~..;'3% .. < J~~~yy, ~ qq~K ~~~.9~t:~~Yn .G• . " In"t : it . } i)f .{ li. ..R . .p i '~ 1. REMOVB GARAGE ROOF, 26'6" X 20', (530 SQFT.); ALSO REMOVE SMALL PORTION OF $ 837.54 REAR SCREENED-IN PORCH 2. 'INSTALL FOOTER FOR E7~TENDED ADDITION 1 b' 6" X 20', 36" BELOW GRADE, 12" X 12" 1,011.06 41 3: INSTALL BLOCK WALL, 8" X 8" X 16° TO GRADE LEVEL (123 SQ.FT.) 813.03 4. INSTALL CONCRETE SLAB,10'6" X 20', TO MATCH BXLSTING, 6" DEEP WITH 4" 999:60 GIiAVffi,JVAPOR BARRIER UNDER 6 X 6 No. 10 W WM; INSTALL REBAR IlVTO EXISTING GARAGE WALL 10 S .FT. 5. FRAME FLO[ORABOVE GARAGE WITH 2" X 10" X 12' LAG AND BOLT WERE NEEDED, 16" 2,548.00 OC 6. FRAME INTERIOR BARRING WALLS WITH 2" X 6", 16" OC AND INTERIOR WITH 2" X 4", 2,954.96 16" O.C . 7. INSTALL, CDX TONGUE AND GROOVE'h" PLYWOOD ON FLOOR ABOVE GARAGE, 1,696.50 , GLUED AND I~TAIIED TO JOISTS 720 S .FT. 8. INSTALL EXTERIOR WALL SI3EETING, CDX 54" PLYWOOD (1,243 SQZ~"I'.), TO INCLUDE 1,80235 ,1`YV~13X WATER VAPOR SBAL HOUSEQVRAP 9. ~'RdIME ROOF WTTH 2" X 10", GABLE ROOF TO MATCH EXISTING HOUSE; 10'6" x 20' 2,60.20 _...... SHED ROOF ON BACg PORTION OF ADDITION ~: -=•• • •F •• '' TQ. X Ri3 G4, 5/8'~ ON SHED ROOF (760 SQ.FI'.) 1,065.60 11. INSTALL FIBERGLASS SHINGLE, 25 YEAR WTTH 30 LB. FELT PAPER, METAL DRIP BDGE 1,265.60 T TlCH 1XISTING HOUSE 560 S .FT. 12. INST`ALL~SINGLE-PLY, RUBB ROOF OVER SH® PORTION TO INCLUDE DRIP 897.84 EDGE 23.0 S .FT. 13: INSTALL 2" X 6" X 12' CEILING JOISTS 16" OC WTTH THREB (3) DOUBLE PLATED 1,102.80 X 10" 7t 20' $OMERSBT BEAMS 720 S .FT. ' 2". . 14. INSTALL'%:" SHEETING IN ATTIC CRAWL SPACE Il~T NEW ADDTTION (520 SQ.FT.) 613.60 REMOVE VINYL SIDING AND SOFFIT FROM BXiSTING HOUSE AND INSTALLNEW 15 6,98734 . EXISTING HOUSE AND ADDITION WITH 12" SOLID" ~ t VINYL SIDING A1~IIYSOFFTT TO ~t pp C• °a ~ . PERFORATED TO INCLUDE F AND J CHANNIIS AND CORNERS 2 00 S .FT. ' 2~ ~ 1 lb. REMOVB GUTTERS AND DOWNSPOUTS FROM EXISTING HOUSE AND INSTALL NEW 5" 1,175.30 SEAMLESS GU1~'ERS AND 2" X 3" DOWNSPOUTS TO EXISTING HOUSB ONT AND REAR OF ADDTTIO 230 ~ - 17. INSTALL FOUR (~ WINDOWS 3-0 X 4-0 IN MASTER BIDROOM; ONE (1) 5-0 X 4-0 IN 1,350.00 MASTI3RBATHROOM •8~ •]NS~ALL EItE-BUNG DOORS, 6-PANEL COLONIAL, THREE (3) 2-6X6-8; THRE$ (3) 1,38532 (1) 3-0X6-8 BXTERIOR ENTRANCE; ALSO INSTALL CLOSET BI FOLDS 3-0 X 6-8 SETS ; ONE '~- _ .ONB` P METAL EXTBItiOR DAOR 36" .',~9Y'INSTALL R 19 6'!." INSULATION ON CEILINGS AND EXTERIOR WALLS (1,328 SQ.FT.) 1,102.00 20. INSTALL %z"DRYWALL II~T MASTER BEDROOM (1,234 SQ.FT.); INSTALL'r4" MOISTCJRE 2,377.82 RESISTANT DRYWALL IN MASTER BATHROOM (424 SQ.FT.); ALSO INSTALL DRYWALL IN FIRST FLOG REAR ADDITION 210 S .FT. ~~ 21. INSTALL COLONIALDASEBOARD A~ TRIM T FRAMIl~TG AND TRIIvIIv1ING 48530 WII~IDOWS WII~IDOWS . ~TRIlvl, ONE (1) COAT 22. PAINT WALLS, CEILINGS, DOORS, BASEBOARDS A~~ ,. 2,319.51 . TWO 2 COAT5 PAINT COSPBrl.SED ON pNS t,`dZ R PAINT FOR ALL STIRFACTsS INSTALL NEVV ELECTRICAL PANEL BOX TO INCREASE SERVICE TO 200 AMPS WITH 23 2,998.42 . ADDTTIQNAL BREAKBRS; 'ffi1(10) DUPLEX OUTLETS; SIX' (6) ~(tT •F• POLE SWITCHES; TWO (2) GFI RECEPTACLES IN MASTERBATHROOM; ONE (1) GFI BRBAKIIt FOR WHIRLPOOL, TO INCLUDE TELEVISION AND TELEPHONE CABLE (ONE (1) EACH); FOUR (4) ES, 6" ROUND INMASTERBIDROOM TO INCLUDE ONE (1) DIMb1ER ~ RECESSID FIXTUR _ SWITCH . E i i I i 4 L . 24. THROOM PLUIv1BI~i tG - INSTALL'/z"COPPER, ALL NEW VENTS, DRAIN P1PES, 6,20D.00 DOUBLE BOWL STi IK, CORNER SHOWER STALL 36" X 36", WHIRLPOOL JACUZZI; TOILET; FLOOR WORK TO BE DONE IN LAUNDRY CONCRETE FLOOR AND SMALL BATHROOM TO ~' 3QD~• d CONNECT SEWERPIPE (FAUCETS AND SHOWER FIXTURES INCLUDED) ~~ ~' NOTE: TH7S PRICE IS A BUDGET PRICE, NOT TO E%CEED, AS SPECIITC BATHROOM ITEMS HAVE NOT BEEN SELECTED BY CUSTOMER TO DATE. CUSTOMER IS RESPONSIBLE FOR COST.EXCEEDING THIS AMOUNT. Z5. INSTALL CERAMIC TILE IN MASTER BATHROOM,12" X 12" TII,E TO INCLUDE CII4IEr7T 3,016.80 BOARD THIN SBTMORTAR, GROUTED AND SEALED 168 S .FT. $4.00 PER S ~RM~ e{oo.~° 26. INSTALL CARPETING IN MASTER BBDROOM/CLOSETS (20' X 24'); AND WALK-IN 1,596.00 CLOSETlROOM (8' X 10') FOR A TOTAL OF 560 SQFI'. W/ivIEDIUM GRADE APPROXIMATELY $15.00 PER SQ.YD NOTE: THIS PRICE IS A BUDGET PRICE, NOT TO E%GII;A, AS SPECII~ IC CARPET HAS NOT BEEN SELECTED BY CUSTOMER TO DATE. CUSTOMER I$ RESPONSIBLE FOR COST ESCEE,DING THIS AMOUNT. 27. INSTALL NEW ELECTRICAL HEAT PUMP WITH A/C UNIT, 4 TON; HEATING AND 6,725.00 COOLING TO EXTEND INTO EXISTING HOUSE WARRANTZY INCLUDED • 28. INSTALL CONCRBTE SLAB AT REAR, 20' X 12', 6" DEEP, TIED INTO EXISTING SLAB (240 1,142.40 S FT. • 29. INSTALL FOLDING STAIRWAY IN MASTER BEDROOM CEILING TO ATTIC 431.57 30. INSTALL CLOSET SHELVES IN THREE (3) WALK-III CLOSETS IN MASTER BEDROOM, - 1,439.00 31. REMOVE ANDREPLACE EXISTING GARAGE DOOR,16' X 7' WITH NEW LIGHT SUN 2,406.77 PANEL AND INSTALL 8' X 7' GARAGE DOOR AT BACK OF ADDITION (BARN-LOOK) TO INCLUDE'/s" HP CONTROL OPENER 32. INSTALL A1R PUMP VENT FOR CLOTHES DRYER TO OUTSIDE SOFFIT NOTE: PRICE .00 FOR•THL41TEM5 IS PENDING 33. CLBAN UP AND HAUL AWAY ALL MATERIALS RELATED TO JOB 1,000.00 SUBTOTAL ~ $64,507.23 PROFIT/OVERHEAD S12,901:44 TOTAL 577,408.67 .r r31~ * U3 DOWN PAYMENT DUE TO BEGIN JOB;1/3 PAYMENP DUE UPON 50% COMPLETION OF JOB AND THE REMAIlVIl~TG 1!3 BALANCE DUE UPON COMPLE N O JOB All mateadal b goarauued to be s, specified. All work to be completed ~ ''s i .. , in a substantial wod®enLlro a>anner according to specifications .~k ` . . inaitted, per stffidard pnchces. AII}+ sltetation Or dEViation fiom ~ •.•.. ~Lg~I 1 f~ ,, b i ki •~ ~ ~ ° ~';'~." a ove spxons nvo ng es~a cosh will be executed only upon , aiaeE tel: thlYr6 •? WIIttffi OfdC[a, end w(ll bECOme ffi EXtra CilaC$e OVer end BbOYe UlE O _ ~ b .4s ~ .. ~ H' .sr •W • e•-., r . estimate. All agits conhagent upon StrOcec, •accldents or delays ~ . beyond our control Owner to carry fin, tornado and other necxssary . twm ~ ACCEPTANCE OF PROPOSAL The above prices, specifications ~ "~' ' ' and conditions are satisfactory and are hereby accepted. You are suthorimd to do the wodc as specified. Payment will be made as /'~ . outlined above. /J .l ~8i~2 -~ ~ iZ~Z~ ~ - zs`a ya: ~5 c/ p 0 ~ ~~ ~z 4 ~~ '• ~ ~~, f/ ! '~ ~ ~ .t .~ ~o~o ~o~ RE1 ~IOD~IN~ MANUEL A. TORO OFFICE: 717/564-3587 FAX: 717/561-0095 P.O. BOX 61636 AaRRT4BURG, PA 17106 . ~ ~ ~ ~ROPO~AL-C1~~9.1~GE ORDER;: ~ ~. ~. •PROPOSAL SIIBMI'TTED TO: PHONE: DATE: ~• KENNETH & 1VIICHELLE SHULER 717/766-1674 (HOMES 4/5/07 717/566-5323 O STREET: ~ J.OB NAME: 706 COCKLIN. STREET ~ MISCELLANEOUS CITY, STATE AND ZIP CODE: NECHANICSBURG, PA. 17055 WE HEREBY propose to fianish materials and labor necessary for the completion o~ 1. INSTALL R30 INSULATION IN GARAGE CEIING/FLOOR TO NEW ADDITION (740 SQ.FT. $ 954.60 2. INSTALL NEW 50-GALLON ELECTRICAL WATER HEATER FOR NEW ADDITION BATHROOM 682.91 3. INSULATION DIFFERENCE FROM R19 TO R30 IN CEILING OF NEW ADDITION 215.60 4. INSTALL NEW SUBPANEL BOX IN REAR GARAGE FOR ADDITIONAL BEAKERS NEEDED ~ ' 540.00 5. INSTALL TYVEX IN EXISTING HOUSE BEFORE INSTALLING SIDING 356.00 6. EXCEEDED $3,000.00 BATHROOM BUDGET ($4,408.05 EXPENDED) 1,408.05 7. INSTALL 6" X 6" CERANIIC TILES (30 SQ.FT.) AROUND WHIRLPOOL TiJB PLEASE NOTE: ~ ORIGINAL COST OF FZOOR TILES FR011I ORIGINAL CONTRACT REMA.INSAS PRESENTED. ' 677.70 8. REWIItED THItEE (3) DUPLEX~RECEPTACLES AND ONE (1) SWITCH; ALSO ADDED ONE 1 LIGHT IN HALLWAY TO NEW ADDITION 125.50 9. INSTALL TWO (2) LIGHTS 1N ATTIC 93.24 . 10. INSTALL TWO (2) OUTSIDE LIGHTS IN BACK OF REAR GARAGE WITF$ SWITCH 162.10 11. INSTALL TWO (2) MEDICINE CABINETS AND TWO (2) STRIP LIGHT FI~'TtJRES 110.46 12. INSTALL ELECTRICAL BASEBOARD HEATER WITH BUILT IN THERM STAT (2,000 WATTS 263.80 SUBTOTAL ~ $5,589.96 PROFIT/OVERHEAD 1,117.99 TOTAL ~ $6,707.95 ~, .. PLEASE MA~~' C1~ECK PA`Y.~[B~E TO _ .~ZANUEL A. ~~ ~~'ORO --~•THAN~ YOU! . -.+~ ~ ,. May 7, 2007 Michelle Shuler 706 eockifi Street Mechanicsburg, PA 17055 Re: Pia/fr~r~itfan -2"~ dated iZ/Z/06 Dear Mrs. Shuler: Per our cornersation this date, this letter serves as aclo~owfedgement end oonfirrr~tion that you are in mutual agreement with me that Y wilt complefie ail worm associated with ref+ehertced proposal. Once said work is c~ampiete, you agree do pay th~ remaining balance in full associated with this proposal. Please be aware that the balance due will be adjusted to reflect a credit for the foi{owing changes: 1. Carpet in the amount of $1,815.20 2. 1/~ of closet shelving in the amaurrt of $576.Q0 3. Two (2) tights in attlc in the amount of $111.88 The total credit is $2,603.08, leaving 1f#e balance due of $2~,639.1~~ Results of my a recent cornersation Of May 2, 200.7, with Mr. tiff Resler, Mechanicsburg Code Inspector, confirmed that the beam In question was not in the re~erended proposal's scope ~ work. If you have any questions, please contact me. Sincerely, f,~" Manuel A. Toro Toro Home Remodeling P.O_ Box 61636 Harrisburg, PA i7i06 717/319-9608 M~Tjllfrt cc: Cliff Ressler 1_ ~ ~ dr VERIFICATION I, Manuel A. Toro, verify that I am a Claimant in the within action; that the attached Claim is based upon facts of which I have personal knowledge or information furnished to me by my legal counsel; that the language of the document is that of counsel and not my own; and that the facts set forth in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that the statements herein are made subject to the penaltie$ of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: 7! 9 /0 anuel A. Toro ~- ~ _,. CERTIFICATE OF SERVICE I certify that I have this 25~' day of March, 2009, served a Complaint on the below listed counsel for the Defendants via first class mail, postage prepaid and properly addr,~essed as follows: David A. Fitzsimons, Esquire MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 Respectfully Submitted, LAW OFFICE OF NEIL A. GROVER BY _ Neil A. Grover, Esq ' e pA53142 2201 North Second t t Harrisburg, PA 17 10 (717) 260-9651/Fax (717) 233-2342 groverlaw(a~ix. netcom. cam Attorney for Plaintiff Dated: March 25, 2009 (" 3 ;;" j { °~ t >3 =:~~ .... ~ f w ;~ . i~~ 4 i . " ~,~ y .t; .Y j +.l 1 ^.~ ..... •~ y~~.~} y d r 1~ .~J ~~ F:\FTLES\Clieats\13037 S6ukr\13037.Lpo Revised: 4/14/09 3:39PM David A. Fitzsimons, Esquire I.D. No. 41722 MARTSON DEARDORFF ~ MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717)243-3341 Attorneys for Defendant Plaintiff and Defendants was for the construction of an addition MANUEL A. TORO t/d/b/a TORO HOME REMO ELING, Claimant-Contractor v. KENNETH and MICHELLE Defendants OTTO GILROY & FALLER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.07-5049 MLD TO: MANUEL A. TORO t/a TORO HOME REMODELING, Claimant-Contractor, and his attorney, NEIL A. GR VER, ESQUIRE YOU ARE HEREBY OTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED PRELIMINARY OBJECTIO S WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE EN ERED AGAINST YOU. AND NOW, come th Defendants, Kenneth and Michelle Shuler, by and through their attorneys, MARTSON LAW FFICES, and file the following objection to Plaintiff's Complaint in the above referenced action an aver the following: 1. The property o which the disputed work was performed and upon which Plaintiff has filed a Mechanic's Lien is, pon the face of the Complaint, a single family residence. (Complaint ¶4). 2. The contract to an existing residence as is (Reference to Complaint). 3. Count III within the four corners of the Complaint filed by Plaintiff. s Complaint is based upon the Contractor's and Subcontractor's Payment Guarantee Act. §§ 73~P.S. 501, et seq. DEMURRER 4. The averment of Paragraphs 1 through 3 are reincorporated herein by reference as if fully set forth. 5. The Contracto 's and Subcontractor's Payment Guarantee Act is not applicable to projects such as the project ' the instant case, namely an addition to an existing single family residence. Nippes v. Lucas, 15 A.2d 648, 650-651 (Pa. Super. 2003). 6. Dismissal of C unt III of Plaintiff's Complaint and enforcement of its mechanics' lien is appropriate because there i no circumstance alleged in the Complaint or under law which would allow Plaintiff to recover un Count III of its Complaint. WHEREFORE, Def dants respectfully pray that this Honorable Court will dismiss Count III of Plaintiff s Complaint. MARTSON LAW OFFICES ~. By David A. itzsimons, Esquire I.D. No. 41722 10 East High Street Carlisle, PA 17013 (717)243-3341 Attorneys for Defendants Date: April 14, 2009 Y . • CERTIFICATE OF SERVICE I, Tricia D. Eckenroad an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a y of the foregoing Preliminary Objections was served this date by depositing same in the Post ffice at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Neil A. Grover, Esquire 2201 North Second Street Harrisburg, PA 17110 MARTSON LAW OFFICES Tricia D. Eckenroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: April 14, 2009 f ~L~t}~.:.,rr~v~ Q~ err ~, .,~ ~~ ~~-~,,!~T~R+~+ 109 APB I ~ P~1 '; ~ ~ f G~~~Vitr~; ",;~~'41`~'