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HomeMy WebLinkAbout11-6527C? C n rnm c rrnn- M " 4" -vim cAr .... po y° z ca o? cs co PARK CUSTOM HOMES, INC., a Pennsylvania corporation, Plaintiff vs. DONGSIK SUH and HYONSUK KIM SUH, husband and wife, Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Docket No. 11- 4pW7 MW MECHANICS' LIEN CLAIM AND NOW, Park Custom Homes, Inc., by and through its undersigned attorney, pursuant to the Pennsylvania Mechanics' Lien Law of 1963, 49 P.S. §1101, et seq. files and perfects this Mechanics' Lien Claim, and in support thereof makes the following statements: 1. The Plaintiff is Park Custom Homes, Inc., a Pennsylvania corporation, with a business address of 1605 York Haven Road, York Haven, PA 17370. 2. The Defendants are Dongsik Suh and Hyonsuk Kim Suh, husband and wife, residing at 232 Sample Bridge Road, Mechanicsburg, PA 17055. 3. The Defendants are the owners or reputed owners of the Property described in Paragraph 4 below. 4. The improvements and property claimed to be subject to the Lien consists of Lot 2 on the Final Minor Subdivision Plan of Byung D. Chang and Joung S. Chang, dated June 8, 1994, last revised July 20, 1994, recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania, in Plan Book 68, Page 118, and having a municipal address of 232 Sample Bridge Road, Mechanicsburg, PA 17050 ("Property"). 4Iq'.oo PO AVY el" It 0243g5S 5. Plaintiff files this claim as contractor under a written contract with Defendants, whereby Plaintiff agreed to erect and construct a garage and make other certain improvements upon the Property. A true and correct copy of the Construction Agreement, Addendum to Construction Agreement and ledger of the amounts owed Plaintiff are attached hereto as Exhibit "A» 6. Plaintiff last engaged in regular erection and construction work upon the Property on or about March 15, 2011 but has not completed its work due to non-payment by Defendants. 7. The amount claimed by Plaintiff to be due is $34,956.00. WHEREFORE, Plaintiff, Park Custom Homes, Inc., claims a Mechanics' Lien against the Property in the amount of $34,956.00. Respectfully submitted, LAW OFFICES OF ROBERT M. WALKER, LLC By: 4?? zl_/?Zz Robert M. Wafer, Esquire Attorney I.D. No. 86340 3461 Market Street, Suite 103 Camp Hill, PA 17011 Telephone: (717) 761-1200 Fax: (717) 761-1201 E-Mail: rmwOl -rmwalkerlaw.com Attorney for Plaintiff DATE: ell / EXHIBIT "A" CONSTRUCTION AGREEMENT This agreement, made 3rd day of May 2009 by an between Park Custom Homes, Inc. 1605 York Haven Road York Haven, PA 17370 Party of the first part, hereinafter called Contractor AND Dongsik & Kim Suh 232 Sample bridge road Mechanicsburg, PA 17055 Party of the second part, hereinafter called Owners Witnesseth: That the CONTRACTOR and the OWNERS for the mutual consideration hereinafter mentioned, intending to be legally bound hereby, agree as follows: ARTICLE 1 SPEECIFIC TERMS AND PROVISIONS OF THIS CONTRACT (A) Description of Home: Finish garage for new kitchen and add new car garage and entrance foyer as per plans (B) Location: 232 Sample bridge road, Mechanicsburg, PA 17055 (C) Work and/or Materials shown on plans or specifications attached hereto or signed by the parties hereto: (D) Work to commence on or before May 15, 2009 (E) ARTICLE 2 CONTRACT PRICE Basic contract Price: $ 97,000 (with review of final plan with both parties) ARTICLE 3 PAYMENTS Down payment and signing of contract: $9,700 (ordering of materials prior to start date) Payment determined by Owners and Contractor payable to Park Custom Homes, Inc. Stage 1 (Material Delivery-start date) 15% $ 14,550 Stage 2 (Rough Framing) 20% $ 19,400 Stage 3 (Exterior) 20% $ 19,400 Stage 4 (Rough-in and Drywall) 25% $ 24,250 Stage 5 (U&O Cert -Final) 10% $ 9,700 (A) Special Conditions or terms applicable to this contract See Addendums - spreadsheet and prints see page for addendums Page 1 ADDENDUM TO CONSTRUCTION AGREEMENT In reference to Construction Agreement dated March 27, 2009 between Dongsik & Kim Suh know as Owner, and Park Custom Homes, Inc. A Pennsylvania Corporation known as general contractor covering the construction of 232 Sample Bridge Road, Mechanicsburg, PA 17370 The undersigned Owner and Contractor hereby agree to the followings: A. Detail of Stages Down payment: $9,700 purpose of, special order materials, scheduling of all vendors and sub- contractors and commitments from all parties. Stage 1 (Material Delivery-start date) 15% - First day of construction Stage 2 (Rough Framing) 20% - All interior and exterior framing complete. All windows and exterior doors, under roof and weather tight. Stage 3 (Exterior) 20% - All underground utilities, sidewalk, curves, driveway (concrete footers for driveway pavers) rough grade, and siding Stage 4 (Rough-in and Drywall) 25% - All plumbing, HVAC, electric, insulation and finish drywall ready to paint Stage 5 (U&O Cert -Final) 10% - Final Certificate of Occupancy from Stone harbor township, Move An. B. Final specifications for each room for the home to be chosen and agreed by both parties by April 10, 2009. C. Kichen to be Aristcraft final approval contractor and home owner D. Half basement crawel space with cmu block E. Final landscaping from owner, contractor to provide final grade F. All materials to be chosen and ordered with-in reasonable time. G. Home 717- 691-7105 Office 717-236-4689 Fax 717-909-9550 Dsuh6912msn.com H. All upgrades and change orders to be quoted and signed change orders by owners prior to installation The herein agreement, upon its execution by both parties, is herewith made an integral part of the aforementioned Agreement of Sale. DATE: ' Witness: Witness: Witness: 7 ongsik Suh Ow v" Ki S Owner Park-Qsiom Homes Inc. C tractor Park Custom Homes, Inc. Dong Sik and Kim Suh 232 sample bridge Road, Mechanicsburg pa 17055 ?T, T64 contract ? $97.000, ? --- Paid $87,300 Balance Due Discount $3,000 so it would be less than 100k - request from Kim $3,000 Addtional cost of architech to draw plans and specs _ $2,500 alts for an insulation factor of R 31 existin garage Build on top rs f $ 6 0 ', a te als ? as agreed w ndoows fo I j - - 2 Labor forwindow install 0 0 Addtional labor for brick on side of house request from home owner _ $350 Exterior bricks labor and materials for additional windows - ----- - _ $250 New shutters _ _ __ - _ ';_ -- _ $196 _ _ Upgrades in kitchen drawers $1,950 Upgrades in side panel _ $500 Upgrades in hardwood floors from standard to endinnered 5 inch wide _ $3,900 Paint wall in dining room $400 Install door d a wa eS ll tv and eletrical outlet - - - -- a ation ble for d ca - $250' New Panel box 100 amp service $100 Removal of three 3 large trees on side of house and bushes along house $700 Removal of undergroud fuel tank - original quote U rade in HVAC system for pool area $3,000 $950 Additional blacktop for driveway dip $1,100, Additional trash and debris thrown into dumster from relitives - -- --- - -- r $4501 Upgrade in doset - - -- -- - -- - - - - - $250' ' eletric door on garage $70 Building materials taken from job site $30 Cut out in granite for sink bar and stove i Sink bar and stove n r and T" als ?1 '? ZrG? ? y i Balance due - $23,2561 Z ? L?Z.r VERIFICATION I, Sun Myong Park, President of Park Custom Homes, Inc., have read the foregoing Mechanics' Lien Claim and hereby affirm that it is true and correct to the best of my personal knowledge, information and belief. This verification and statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: gun Myong Park SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Lgttttit?. pt utiinGrp??r?4 OFFICE ` -µ RIFF F'LED-OFFICE JI' THE PROTHONOTARY 2011 AUG 30 AM g: 35 CUMBERLAND COUNTY PENNSYLVANIA Park Custom Homes, Inc. vs. Dongsik Suh (et al.) SHERIFF'S RETURN OF SERVICE Case Number 2011-6527 08/22/2011 07:20 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on August 22, 2011 at 1920 hours, he served a true copy of the within Mechanics' Lien Claim, upon the within named defendant, to wit: Dongsik Suh, by making known unto Hyonsuk Kim Suh, Wife of Defendant at 232 Sample Bridge Road, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to her personally the said true and correct copy of the same. RYAN BURGETT, DEP 08/22/2011 07:20 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on August 22, 2011 at 1920 hours, he served a true copy of the within Mechanics' Lien Claim, upon the within named defendant, to wit: Hyonsuk Kim Suh, by making known unto herself personally, at 232 Sample Bridge Road, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to her personally the said true and correct copy of the same. RYAN BURG TT, DEPUTY SHERIFF COST: $54.44 August 25, 2011 NOTARY Affirmed and subscribed to before me this day of SO AN RS, O Y R ANDERSON, SHERIFF (o) CounfySulte Sherff. I eleosoft. G.:; Law Offices of Robert M. Walker, LLC Robert M. Walker, Esquire 3906 Market Street Telephone: (717) 761-1200 -OF ''F THFILED Camp Hill, PA 17011 ? HQ ? I?l?f2`z' c 1Z JAN -5 PM 3: 45 Fax: (717) 76101291 CUMBERLAND CGU1r1TY -- PENN! Y1 V& J n PARK CUSTOM HOMES, INC., IN THE COURT OF COMMON PLEAS a Pennsylvania corporation, OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. Docket No. 11-6527 MLD DONGSIK SUH and HYONSUK KIM SUH, husband and wife, Defendants. NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 Law Offices of Robert M. Walker, LLC Robert M. Walker, Esquire 3906 Market Street Camp Hill, PA 17011 Telephone: (717) 761-1200 Fax: (717) 76101291 PARK CUSTOM HOMES, INC., IN THE COURT OF COMMON PLEAS a Pennsylvania corporation, OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. Docket No. 11-6527 MLD DONGSIK SUH and HYONSUK KIM SUH, husband and wife, Defendants. COMPLAINT IN ACTION UPON MECHANICS' LIEN AND NOW, Park Custom Homes, Inc., by and through its undersigned attorney, pursuant to the Pennsylvania Mechanics' Lien Law of 1963, 49 P.S. §1101, et seq. files this Complaint in Action Upon Mechanics' Lien, and in support thereof avers the following: 1. The Plaintiff is Park Custom Homes, Inc., a Pennsylvania corporation, with a business address of 1605 York Haven Road, York Haven, PA 17370. 2. The Defendants are Dongsik Suh and Hyonsuk Kim Suh, husband and wife, residing at 232 Sample Bridge Road, Mechanicsburg, PA 17055. 3. On August 19, 2011, Plaintiff filed a Mechanics' Lien Claim in the Court of Common Pleas of Cumberland County, Docket Number 11-6527 MLD, a true and correct copy of which Mechanics' Lien Claim is attached hereto, made a part hereof, incorporated by reference herein and marked Exhibit "A-1". 4. On August 27, 2011, Defendants were served a copy of the Mechanics' Lien Claim by the Sheriff of Cumberland County. 5. As of this date, Plaintiffs Mechanics' Lien Claim remains outstanding. WHEREFORE, Plaintiff, Park Custom Homes, Inc., demands judgment against Defendants in the amount of Thirty-Four Thousand Nine Hundred Fifty-Six and 00/100 ($34,956.00) Dollars. Respectfully submitted, LAW OFFICES OF ROBERT M. WALKER, LLC By: Robert M. Walker, Esquire Attorney I.D. No. 86340 3906 Market Street Camp Hill, PA 17011 Telephone: (717) 761-1200 Fax: (717) 761-1201 E-Mail: rmw0rmwalkerlaw_com Attorney for Plaintiff DATE: Z- EXHIBIT "A-1" r C3 C N ra -TT C ?t (A r yr i 70 .<?s CD I x' c-) 3 ?'n S3 C? PARK CUSTOM HOMES, INC., a Pennsylvania corporation, Plaintiff vs. DONGSIK SUH and HYONSUK KIM SUH, husband and wife, Defendants. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Docket No. It -t&Sa l yLD MECHANICS' LIEN CLAIM AND NOW, Park Custom Homes, Inc., by and through its undersigned attorney, pursuant to the Pennsylvania Mechanics' Lien Law of 1963, 49 P.S. §1101, et seq. files and perfects this Mechanics' Lien Claim, and in support thereof makes the following statements: 1. The Plaintiff is Park Custom Homes, Inc., a Pennsylvania corporation, with a business address of 1605 York Haven Road, York Haven, PA 17370. 2. The Defendants are Dongsik Suh and Hyonsuk Kim Suh, husband and wife, residing at 232 Sample Bridge Road, Mechanicsburg, PA 17055. 3. The Defendants are the owners or reputed owners of the Property described in Paragraph 4 below. 4. The improvements and property claimed to be subject to the Lien consists of Lot 2 on the Final Minor Subdivision Plan of Byung D. Chang and Joung S. Chang, dated June 8, 1994, last revised July 20, 1994, recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania, in Plan Book 68, Page 118, and having a municipal address of 232 Sample Bridge Road, Mechanicsburg, PA 17050 ("Property"). 5. Plaintiff files this claim as contractor under a written contract with Defendants, whereby Plaintiff agreed to erect and construct a garage and make other certain improvements upon the Property. A true and correct copy of the Construction Agreement, Addendum to Construction Agreement and ledger of the amounts owed Plaintiff are attached hereto as Exhibit „A„ 6. Plaintiff last engaged in regular erection and construction work upon the Property on or about March 15, 2011 but has not completed its work due to non-payment by Defendants. 7. The amount claimed by Plaintiff to be due is $34,956.00. WHEREFORE, Plaintiff, Park Custom Homes, Inc., claims a Mechanics' Lien against the Property in the amount of $34,956.00. Respectfully submitted, LAW OFFICES OF ROBERT M. WALKER, LLC By: Robert M. W er, Esquire Attorney I.D. No. 86340 3461 Market Street, Suite 103 Camp Hill, PA 17011 Telephone: (717) 761-1200 Fax: (717) 761-1201 E-Mail: rmw rmwalkerlaw.com_ Attorney for Plaintiff DATE-. l?lii EXHIBIT "A" CONSTRUCTION AGREEMENT This agreement, made 3rd day of May 2009 by an between Park Custom Homes, Inc. 1605 York Haven Road York Haven, PA 17370 Party of the first part, hereinafter called Contractor AND Dongsik & Kim Suh 232 Sample bridge road Mechanicsburg, PA 17055 Party of the second part, hereinafter called Owners Witnesseth: That the CONTRACTOR and the OWNERS for the mutual consideration hereinafter mentioned, intending to be legally bound hereby, agree as follows: ARTICLE 1 SPEECIFIC TERMS AND PROVISIONS OF THIS CONTRACT (A) Description of Home: Finish garage for new kitchen and add new car garage and entrance foyer as per plans (B) Location: 232 Sample bridge road, Mechanicsburg, PA 17055 (C) Work andlor Materials shown on plans or specifications attached hereto or signed by the parties hereto: (D) Work to commence on or before May 15, 2009 (E) ARTICLE 2 CONTRACT PRICE Basic contract Price: $ 97,000 (with review of final plan with both parties) ARTICLE 3 PAYMENTS Down payment and signing of contract: $9,700 (ordering of materials prior to start date) Payment determined by Owners and Contractor payable to Park Custom Homes, Inc. Stage 1 (Material Delivery-start date) 15% $ 14,550 Stage 2 (Rough Framing) 20% $ 19,400 Stage 3 (Exterior) 20% $ 19,400 Stage 4 (Rough-in and Drywall) 25% $ 24,250 Stage 5 (U&O Cert -Final) 10% $ 9,700 (A) Special Conditions or terms applicable to this contract See Addendums - spreadsheet and prints see page for addendums Page 1 ADDENDUM TO CONSTRUCTION AGREEMENT In reference to Construction Agreement dated March 27, 2009 between Dongsik & Kim Suh know as Owner, and Park Custom Homes, Inc. A Pennsylvania Corporation known as general contractor covering the construction of 232 Sample Bridge Road, Mechanicsburg, PA 17370 The undersigned Owner and Contractor hereby agree to the followings: A. Detail of Stages Down payment: $9,700 purpose of, special order materials, scheduling of all vendors and sub- contractors and commitments from all parties. Stage 1 (Material Delivery-start date) 15% - First day of construction Stage 2 (Rough Framing) 20% - All interior and exterior framing complete. All windows and exterior doors, under roof and weather fight. Stage 3 (Exterior) 20% - All underground utilities, sidewalk, curves, driveway (concrete footers for driveway pavers) rough grade, and siding Stage 4 (Rough-in and Drywall) 25% - All plumbing, HVAC, electric, insulation and finish drywall ready to paint Stage 5 (U&O Cert -Final) 10% - Final Certificate of Occupancy from Stone harbor township, Move -in. B. Final specifications for each room for the home to be chosen and agreed by both parties by April 10, 2009. C. Kichen to be Aristcraft final approval contractor and home owner D. Half basement crawel space with cmu block E. Final landscaping from owner, contractor to provide final grade F. All materials to be chosen and ordered with-in reasonable time. G. Home 717- 691-7105 Office 717-236-4689 Fax 717-909-9550 Dsuh6912msn.com H. All upgrades and change orders to be quoted and signed change orders by owners prior to installation The herein agreement, upon its execution by both parties, is herewith made an integral part of the aforementioned Agreement of Sale. DATE: Witness: l ongsik Suh Ow Witness: Witness: Kifi Sdh Owner '? Pa m Homes, Inc., Co tractor Park Custom Homes, Inc. Dong Sik and Kim Sun 232 sample bridge Road, Mechanicsburg pa 17055 Total contract $97,000 - Paid - - - $87,300 Balance Due Upq$9,700 - --- q?/ -races - - - - - $23.256' - total balance due $32 - ,95 -- - Upgraee ins ` _ Cost ? Discount $3,000 so it would be less than 100k • request from Kim $3,000 Additional cost of architech to draw plans and specs $2 500 Build new 2x6 walls on top of exisen garage walls for an insulation factor of R 31 , $2,360' hnstall windows for materials only as agreed - - $0 [Labor for window install $400 Additional labor for brick on side of house request from home owner $35p Exterior bricks labor and materials for additional windows $250 New shutters $196 Upgrades in kitchen drawers $1,950 Upgrades in side panel - Upgrades in hardwood floors from standard to endinnered 5 inch wide + $3,900 !Paint wall in dining room - - - - $400 Install door from dining room to exsiting kitchen $250 Electrical switches with dimmer - $300 Add additional cable for wall tv and eletncal outlet --- - $2 New Panel box 100 amp service $100, - - - - Removal of three 3) large trees on side of house and bushes along house $700 Rernoval of unde roud fuel tank • original quote S3,000 Uprade in HVAC system for pool area_ $950 Additional blacktop for driveway dip $1,100 Additional trash and debris thrown into dumster from relieves $4501 Upgrade in closet $2501 eletric door on garege $70' Building materials taken from job site $30 Cut out in granite for sink bar and stove Sink bar and stove la ; and m to erials - - ' k ,I Balarpe due- VERIFICATION I, Sun Myong Park, President of Park Custom Homes, Inc., have read the foregoing Mechanics' Lien Claim and hereby affirm that it is true and correct to the best of my personal knowledge, information and belief. This verification and statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities, Z&22UJj44 Date: Sun Myong Park VERIFICATION I, Sun Myong Park, President of Park Custom Homes, Inc., have read the foregoing Complaint in Action Upon Mechanics' Lien and hereby affirm that it is true and correct to the best of my personal knowledge, information and belief. This verification and statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: I'J -o/Dl GJ? Sun Myong r Law Offices of Robert M. Walker, LLC Robert M. Walker, Esquire 3906 Market Street Camp Hill, PA 17011 Telephone: (717) 761-1200 Fax: (717) 76101291 a ' , 41. HE PROTHONOTARY 2012 JAN 20 PM I: 05 A PARK CUSTOM HOMES, INC., a Pennsylvania corporation, Plaintiff vs. DONGSIK SUH and HYONSUK KIM SUH, husband and wife, Defendants. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Docket No. 11-6527 MLD ACCEPTANCE OF SERVICE I, William L. Adler, Esquire, accept service of the Complaint in Action Upon Mechanics' Lien Claim filed on January 5, 2012, on behalf of Defendants, Dongsik Suh and Hyonsuk Kim Suh, and certify that I am authorized to do so. Date: 1 1 William L. Adler, Esquire Supreme Court I.D. 4949 Devonshire Road Harrisburg, PA 17109 Attorney for Defendants -31 HOSOTAR`( William L. Adler, Esquire 4949 Devonshire Rd. Harrisburg, PA 17109 Phone: 717-652-8989 Fax: 717-307-3343 Email: BAL@BillAdlerLaw.com Supreme Court ID: 39844 4 F ? - Am to: 49 CUlt,IOERLAND COUNTY PENNSYLVANIA Park Custom Homes, Inc. Plaintiff V. Dongsik Suh and Hyonsuk Kim Suh, Defendants IN THE COURT OF COMMON PLEAS Cumberland COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 11-6527 MLD NOTICE TO PLEAD You are hereby notified to plead to the enclosed New Matter within Twenty (20) days from service hereof or a default judgment may be entered against you. Park Custom Homes, Inc. Plaintiff v. Dongsik Suh and Hyonsuk Kim Suh, Defendants IN THE COURT OF COMMON PLEAS Cumberland COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 11-6527 MLD ANSWER and NEW MATTER AND NOW COME the Defendants, Dongsik Suh and Hyonsuk Kim Suh, through their attorney, William L. Adler, and respectfully represents the following: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Denied. The defendants deny that plaintiffs have a valid claim in that the work was done in a poor and unworkmanlike manner. WHEREFORE, defendants respectfully request that plaintiffs complaint be dismissed. NEW MATTER 6. Paragraph 1 through 5 are incorporated by reference herein. 7. Plaintiff performed much of its work in a poor and unworkmanlike manner and breached the contract with defendants as set forth below: a.Kitchen i.The granite table top is missing a range. The drawings reflect a range and a sink at one end of the island table top. This would also require venting. In that this was included in the drawings, it was part of the original contract. ii.There is no vent over the stove in the kitchen. iii.The sink in the kitchen under the window is much smaller sink than what was picked at the plumbing supply store in Lemoyne. This larger sink was a part of the original contract, iv.The dishwasher should have been placed next to the sink. v.Light switch not working. vi.Long life light bulbs need to be changed all the time. This indicates a problem with the electrical work. vii.Behind the refrigerator is an unfinished. viii.The backsplash is not the right length. ix.There is no granite cutting board. x.The seams in the granite need to be finished. xi.The vertical wood cover under the island in the kitchen is a cheap inadequate material and looks temporary. xii.Electrical system not complete. xiii.Trash can not installed in correct place. xiv.Island shelves not installed xv.The wrong door is installed between the old kitchen and living room. b. There is no sewer line in the washer dryer room, but the other hookups are there for water. c.Basement i.The creation of a basement was a part of the plan. The basement is basically inaccessible. The door to the basement is crammed into the closet and there are no stairs into the basement. The basement has a dirt floor making it unusable for storage. ii.Loose electrical wiring in the original basement is incomplete. d.Backdoor i.There is a gap between the walls and there is rough board instead of brick. e.Garage floor i.There are cracks in the garage floor. ii.Garage door entrance needs to be sanded and painted. f.Attic in garage. i.Access to the attic is very difficult. g.Outside lights switch i.Not working h.Electrical panel i.A used panel was installed rather than a new one. i.Floor i.Not level ii.The floor was not completed next to the kitchen. This was part of the contract. j.Front hall i.Shoe rack not installed as contracted. k.Part of the contract was the installation of a bay window i.This was not installed. l.Master bedroom i.The walk-in closet is too narrow which makes it very difficult to use. ii.The door to the basement is in the floor of the walk-in closet which makes it almost impossible to use. m1ight fixtures i. Some old light fixtures need to be replaced. n.Old dining room i.Paint incomplete. o.Exterior i.The concrete walk should have gone around the house. ii.The windows originally were longer, but due to a miscalculation with the height of the new floor, the contractor actually had to shorten the windows and fill the gap with mismatching brick-and-mortar. iii.A roof over the front door was part of the contract. iv.Ice forms over the front door creating a dangerous condition. v.The front door needs to be touched up. vi.Trim at the bottom of the front door is loose. vii.Garage door trim is inadequate. viii.Vinyl was placed on the front of the house instead of the contracted for brick. ix.The outside bed was extended to far, impeding traffic in the driveway. x.The front entrance concrete is cracked. xi.The garden was not completed. xii.The gutter is not the correct link. p.Completion date. i.Contractor agreed to complete the project by January 31, 2010. It extended more than a year beyond that. 8. The above work outlined in paragraph 7 will cost at least $50,000 to repair. 9. This should serve as a set off to the mechanics lien claim. WHEREFORE, defendants respectfully request that plaintiff s complaint be dismissed. ,1 4 . 4., /// William-L. A-Uler,-Esquire-- Attorney for Defendants 4949 Devonshire Rd. Harrisburg, PA 17109 717-652-8989 Supreme Court ID Number 39844 BAL@BillAdlerLaw.com February 6, 2012 VERIFICATION I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING PLEADING ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S.A. Section 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: PDonggs Suh Z(L Hyonsuk Kim Suh / CERTIFICATE OF SERVICE I, William L. Adler, Esquire, Attorney for Defendants, hereby certify on the ..-day of ?y/larv ?-a , 2012,1 served a copy of the within ANSWER and NEW MATTER upon the following person by first class mail, postage prepaid, addressed as follows: Robert M. Walker Law Offices of Robert M. Walker, LLC 3906 Market Street Camp Hill. PA 17011 L 41 i liam L. Adler, Esquire t' Law Offices of Robert M. Walker, LLC Robert M. Walker, Esquire 3906 Market Street Camp Hill, PA 17011 Telephone: (717) 761-1200 Fax: (717) 761-1201 PARK CUSTOM HOMES, INC., a Pennsylvania corporation, Plaintiff vs. DONGSIK SUH and HYONSUK KIM SUH, husband and wife, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : Docket No. 11-6527 MLD r Defendants. : REPLY TO NEW MATTER rr, fT1 -1 r= C'S r _, r? k1 r-- f .,y AND NOW, Park Custom Homes, Inc., by and through its undersigned attorney, respectfully files this Reply to New Matter of Defendants, and in support thereof, avers the following: 6. No response required. 7. It is denied that Plaintiff performed most of its work in a poor and unworkmanlike manner. The Plaintiff replies to each individual allegation under Paragraph 7 as follows: a. Kitchen. (i) Denied. The final plans and specifications did not include a range in the granite table top. There was no agreement between Plaintiff and Defendants, nor any change order specifying such a range. By way of further answer, there is a stove with an integrated cook top range installed along the north wall of the kitchen. 1 (ii) Denied. There is an internal recirculating vent incorporated into the bottom of the microwave oven installed directly above the stove. (iii) Denied. The final plans and specifications called for a standard size 36" sink base cabinet. A standard 36" sink was installed that fits the base cabinet. By way of further answer, a larger sink would have required oversized base cabinets and there was no agreement between Plaintiff and Defendants, nor any change order calling for oversized base cabinets. (iv) Denied. The final plans and specifications show the dishwasher in its current location. There was no agreement, nor any change order for a different location. By way of further answer, there are two sinks adjacent to the dishwasher, one directly to the right of the dishwasher and the other directly behind the dishwasher. (v) Denied. Defendants fail to specify which light switch is not working and provide no detail as to the circumstances of its alleged failure. As such, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of this averment, and it is therefore denied. (vi) Denied. Defendants fail to specify sufficient facts to support the allegation that "long life light bulbs need to be changed all the time." As such, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of this averment, and is therefore denied. The remainder of the allegations in this Paragraph 7.a (vi) are conclusions of law to which no response is required. (vii) Denied. Plaintiff completed the finish carpentry at the back of the refrigerator cabinet pursuant to the final agreement between Plaintiff and Defendants. By way of further answer, Plaintiff finished said work utilizing an acceptable and workmanlike manner of construction. (viii) Denied. Defendants fail to specify what aspects of the kitchen backsplash are "not the right length." As such, Plaintiff is without knowledge or 2 information sufficient to form a belief as to the truth of this averment, and it is therefore denied. (ix) Denied. The final plans and specifications did not include a granite cutting board. There was no agreement between Plaintiff and Defendants, nor any change order calling for a cutting board. (x) Denied. Defendants fail to specify where or how the seams in the granite countertops are unfinished. As such, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of this averment, and it is therefore denied. (xi) Denied. The area in question is covered with cabinet grade birch plywood that is consistent with the quality and grade of the base cabinets chosen by Defendants and installed by Plaintiff. (xii) Denied. Plaintiff completed all the electrical work in the kitchen pursuant to the final agreement between Plaintiff and Defendant. By way of further answer, Plaintiff finished said work utilizing an acceptable and workmanlike manner of construction. (xiii) Denied. A trash can may be placed in the specific kitchen base cabinet designated for housing a trash can as called for in the final kitchen specifications, so long as the proper size trash can is used by Defendants. (xiv) Denied. Defendants have been provided with all shelving that was supplied by the base cabinet manufacturer. (xv) Denied. Defendants fail to specify what aspects of the door installed between the old kitchen and living room makes it the "wrong door." As such, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of this averment, and it is therefore denied. By way of further answer, the original contract specifications called for an opening between the old kitchen 3 and living room and not a door. At the request of the Defendants, Plaintiff installed a door in this opening that matches the new construction. b. Washer/Dryer Room. Admitted in part; Denied in part. It is admitted that pursuant to an agreement between the Plaintiff and the Defendants subsequent to the original contract, Plaintiff was to convert an existing closet so as to provide plumbing, electrical and waste water hook-ups in the closet for a clothes washer and dryer. Plaintiff completed installation of the water line. Plaintiff roughed in electricity for the washer and dryer. Plaintiff has not completed the electrical work and has not connected the waste water line because of non-payment of the Defendants. Plaintiff denies that Plaintiff's failure to complete said work constitutes a poor or unworkmanlike manner of construction. c. Basement. (i) Denied. The final plans and specifications call for a crawl space and not a basement (see Addendum to Construction Agreement attached to Plaintiff's Complaint). It is also denied that the crawl space is inaccessible because there is an access panel in the floor of the master bedroom closet. Because it is a crawl space and not a basement, no steps are required for access. No part of the plans and specifications call for flooring in the crawl space and the crawl space meets building code requirements. (ii) Denied. Plaintiff completed all the electrical work in the basement pursuant to the final agreement between Plaintiff and Defendants. By way of further answer, Plaintiff finished said work utilizing an acceptable and workmanlike manner of construction. d. Backdoor. Denied. Defendants fail to specify what aspects of the backdoor include gaps between the walls and where there is rough board instead of brick. As such, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of this averment, and it is therefore denied. By way of further answer, said door and its installation methods comply with the final plans and specifications and building code requirements. 4 e. Garage Floor. (i) Admitted in part; Denied in part. While the Plaintiff has not inspected nor witnessed the complained of cracking in the garage floor, it is admitted that newly poured concrete customarily experiences minor cracking as a result of expansion and contraction caused by weather changes during the final curing process. Defendants fail to substantiate the nature or location of the complained of cracks, and for this reason Plaintiff denies that such cracks, if they exist, constitute a poor or unworkmanlike manner of construction. By way of further answer, Plaintiff installed the garage floor in accordance with industry custom and practice. (ii) Denied. The garage entry door is a pre-hung and pre-finished fiberglass door assembly that is manufactured so as to not require sanding or painting, and the color of the door matches the trim of the house. f. Attic in Garage. (i) Denied. The ceiling access panel to the attic area meets building code requirements and provides sufficient access to the attic area. By way of further answer, the attic area is not designed for storage, and therefore this access panel is only meant for use by an individual to gain entry to the attic area for repairs and/or maintenance. g. Outside Light Switch. (i) Denied. Defendants fail to specify which outside light switch is not working and what aspect of that switch is "not working." As such, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of this averment, and it is therefore denied. 5 h. Electrical Panel. (i) Denied. A new 100 amp electrical sub-panel was sourced from an electrical component supplier and installed pursuant to the final plans and specifications. i. Floor. (i) Denied. Defendants fail to specify what floor or floors are not level, and further fails to specify how any such floors have been measured or quantified such that they are not level. As such, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of this averment, and it is therefore denied. (ii) Denied. Plaintiff completed all the flooring work pursuant to the final agreement between Plaintiff and Defendants. By way of further answer, Plaintiff finished said work utilizing an acceptable and workmanlike manner of construction. j. Front Hall. (i) Denied. Plaintiff did not agree to provide Defendants with any type of shoe rack. k. Part of the Contract was the Installation of a Bay Window. (i) Denied. The installation of a bay window was not called for in the final plans and specifications. 1. Master Bedroom. (i) Denied. Defendants fail to specify what aspects of the master bedroom walk-in closet make it too narrow and/or difficult to use. As such, Plaintiff 6 is without knowledge or information sufficient to form a belief as to the truth of this averment, and is therefore denied. It is also denied that any aspect of the dimensions of the walk-in closet constitute a poor or unworkmanlike manner of construction. By way of further answer, Defendants specifically requested that Plaintiff enlarge the size of the master bedroom, without enlarging the overall size of the structure housing the master bedroom and walk-in closet, resulting in a subsequent reduction in size of the walk-in closet. (ii) Denied. There is no basement below the master bedroom, only a crawl space, as called for in the final plans and specifications. (See Reply 7.(c)(i) above). M. Light Fixtures. (i) Denied. Defendants fail to specify what the particular "old light fixtures" and what aspects of the fixtures require them to be replaced. Furthermore, Defendants fail to provide any support for the allegation that Plaintiff was required to replace any such fixtures. n. Old Dining Room. (i) Denied. Plaintiff completed all the painting work in the old dining room pursuant to the final agreement between Plaintiff and Defendants. By way of further answer, Plaintiff finished said work utilizing an acceptable and workmanlike manner of construction. o. Exterior. (i) Denied. The final plans and specifications did not call for a concrete sidewalk "around the house." (ii) Denied. The new kitchen was created out of the area that was previously the garage. The garage had tall windows that extended down to within 7 approximately 18" of the garage floor. Because kitchen base cabinets were to be installed along the wall where these windows were located, shorter windows had to be installed in place of the longer windows; otherwise, the original windows would have been partially covered by the kitchen base cabinets. It was understood by and agreed to by the Defendants that Plaintiff would replace the longer windows with shorter windows. The shorter windows required the installation of additional brick and the mortar used for said brick was matched as closely as practical to the existing brick mortar. (iii) Denied. The final plans and specifications did not call for the construction of a roof over the front door. (iv) Denied. See Reply 7.(o)(iii) above. To the extent that any formation of ice creates a dangerous condition it is because of the failure of Defendants to contract for the construction of a roof over this entrance. (v) Denied. The front door was initially painted in a color picked by Defendants. Defendants did not like the color of the paint when it dried, and asked Plaintiff to repaint the door. Plaintiff repainted the door three additional times and that paint work was completed in a quality and workmanlike manner. (vi) Denied. Plaintiff properly affixed the trim at the bottom of the front door at the time of installation. (vii) Denied. Defendants fail to specify what aspect of the garage door trim is inadequate and therefore Plaintiff is without knowledge or information sufficient to form a belief as to the truth of this averment, and it is therefore denied. (viii) Denied. The final plans and specifications call for brick on the lower part of the front of the house with vinyl siding to be installed in the gable front. Plaintiff constructed the improvements in this manner. 8 (ix) Denied. Plaintiff graded the bed in question as directed by Defendants. By way of further answer, Defendants are responsible for all final landscaping. (See Addendum to Construction Agreement). (x) Admitted in part; Denied in part. While the Plaintiff has not inspected nor witnessed the complained of cracking in the front entrance concrete, it is admitted that newly poured concrete customarily experiences minor cracking as a result of expansion and contraction caused by weather changes during the final curing process. Defendants fail to substantiate the nature or location of the complained of cracks, and for this reason Plaintiff denies that such cracks, if they exist, constitute a poor or unworkmanlike manner of construction. By way of further answer, Plaintiff installed the front entrance in accordance with industry custom and practice. (xi) Denied. Plaintiff graded the garden as directed by Defendants. By way of further answer, Defendants are responsible for all final landscaping. (See Addendum to Construction Agreement). (xii) Denied. Defendants fail to specify what aspect of the gutter "is not the correct length", and for this reason Plaintiff denies that the complained of condition, if it exists, constitutes a poor or unworkmanlike manner of construction. P. Completion Date. (i) Admitted in part; Denied in part. It is admitted that Plaintiff initially agreed to complete the project by January 31, 2010. However, Plaintiff's completion of the work was initially delayed due to numerous change orders submitted by Defendants, and was subsequently delayed because of Defendants' failure to pay Plaintiff for completed work. Plaintiff denies that the failure to complete such work constitutes a poor or unworkmanlike manner of construction. 9 8. Denied. Defendants fail to substantiate their claim that the complained of items will require at least $50,000.00 to repair. Rather, the minor remaining work to be completed by Plaintiff has a cost of less than $1,000.00. 9. This paragraph contains a conclusion of law to which no response is required. Respectfully submitted, LAW OFFICES OF ROBERT M. WALKER, LLC / r7 i. By: Robert M. W 46r, Esquire Attorney I.D. No. 86340 3906 Market Street Camp Hill, PA 17011 Telephone: (717) 761-1200 Fax: (717) 761-1201 E-Mail: rmwCcD-rmwalkerlaw.com Attorney for Plaintiff DATE: 10 r . K t. VEIVEMATION 1, Sun Myong Paris, President of Park Custom Homes, Inc., have ;ref # #? ??? Reply to New Matter and hereby affirm that it is true and correct to the b'k'W' try pe ,sf, knowledge, information and belief, This verification and statement is rnedq ?CC p8na ties of 18 Pa,C.S. §4904 relating to unsworn falsification to authorities. s=' Date. 2'"f7-?-er)2.--- i it <. Ff? ( n c M a Kl t r 9 1 x s?^ti C? ? ?'` ? y g7r ?`?yj # + I I?t t ?h? c??Y?, t??vr _ i d, a ? f 4 i 1 ,,N? .. ?? ?s, Tn'fr?+t ? fr?5'?}'!?]'7 ?.?'A ??? .???? r ti?? Y - ? }? ?li? `??r,,,? ?_ CERTIFICATE OF SERVICE 'Ili, I, ROBERT M. WALKER, attorney for Plaintiff, hereby certify that on the z- day of February, 2012, a I served a copy of the within Reply to New Matter upon William L. Adler, Esquire, attorney for the Defendants, by first class mail, postage prepaid, addressed as follows: William L. Adler, Esquire 4949 Devonshire Road Harrisburg, PA 17109 By: Robert M. Wal r, Esquire Attorney I.D. No. 86340 3906 Market Street Camp Hill, PA 17011 Telephone: (717) 761-1200 Fax: (717) 761-1201 E-Mail: rmw cOrmwalkerlaw.com Attorney for Plaintiff DATE: 12 Law Offices of Robert M.Walker,LLC .+ p ,,, Robert M.Walker,Esquire (( `�°� �> 1t ?�. `.•'fit' Tf � y 1tk 3810 Market Street,Suite B �Ffr f t Camp Hill,PA 17011 Telephone:Fax: (717)761112061-1200 7-013 OCT - f, of I I: 23 C INB RLAND COUNTY PARK CUSTOM HOMES, INC., : IN THE COURT OF COMMON PLEASSYLANIA} a Pennsylvania corporation, : OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff • vs. : Docket No. 11-6527 MLD DONGSIK SUH and HYONSUK KIM SUH, • husband and wife, • Defendants. : PRAECIPE FOR CHANGE OF ADDRESS TO THE PROTHONOTARY: Kindly amend the record to reflect the following new physical and mailing address for attorney Robert M. Walker and the Law Offices of Robert M. Walker, LLC, counsel for Park Custom Homes, Inc.: Robert M. Walker, Esquire Law Offices of Robert M. Walker, LLC 3810 Market Street, Suite B Camp Hill, PA 17011 Telephone: (717) 761-1200 Facsimile: (717) 761-1201 Date: October 3, 2013 Robert M. W- er, Esquire Attorney I.D. No. 86340 3810 Market Street, Suite B Camp Hill, PA 17011 Telephone: (717) 761-1200 Fax: (717) 761-1201 E-Mail: rmw(cr�rmwalkerlaw.com Attorney for Plaintiff CERTIFICATE OF SERVICE I, ROBERT M. WALKER, attorney for Plaintiff, hereby certify that on the 3`d day of October, 2013, did serve a copy of the within Praecipe for Change of Address upon William L. Adler, Esquire, attorney for the Defendants, by first class mail, postage prepaid, addressed as follows: William L. Adler, Esquire 4949 Devonshire Road Harrisburg, PA 17109 Robert M. W. 'er, Esquire Attorney I.D. No. 86340 3810 Market Street, Suite B Camp Hill, PA 17011 Telephone: (717) 761-1200 Fax: (717) 761-1201 E-Mail: rmw @.rmwalkerlaw.com Attorney for Plaintiff r'ILED CEFIl..'; Law Offices of Robert M.Walker,LLC Oi' THE PROTHONOTARY Robert M.Walker,Esquire 3810 Market Street,Suite B OCT t. Camp Hill,PA 17011 i013 C -4 AM f/: 23 Telephone: (717)761-1200 Fax: (717)761-1201 CUMBERLAND COUNTY Y PENNSYLVANIA PARK CUSTOM HOMES, INC., : IN THE COURT OF COMMON PLEAS a Pennsylvania corporation, : OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff • vs. : Docket No. 11-6527 MLD DONGS1K SUH and HYONSUK KIM SUH, husband and wife, • Defendants. : • STATEMENT OF INTENTION TO PROCEED TO THE COURT: Plaintiff, Park Custom Homes, Inc. intends to proceed with the above-captioned matter. Date: October 3, 2013 Robert ' alker, Esquire Attorney 1.0. No. 86340 3810 Market Street, Suite B Camp Hill, PA 17011 Telephone: (717) 761-1200 Fax: (717) 761-1201 E-Mail: rmwrmwalkerlaw.com Attorney for Plaintiff • • • • CERTIFICATE OF SERVICE I, ROBERT M. WALKER, attorney for Plaintiff, hereby certify that on the 3rd day of October, 2013, did serve a copy of the within Statement of Intention to Proceed upon William L. Adler, Esquire, attorney for the Defendants, by first class mail, postage prepaid, addressed as follows: William L. Adler, Esquire 4949 Devonshire Road Harrisburg, PA 17109 Age Robert 'Walker, Esq ire Attorney I.D. No. 86340 3810 Market Street, Suite B Camp Hill, PA 17011 Telephone: (717) 761-1200 Fax: (717) 761-1201 E-Mail: rmw(a�rmwalkerlaw.com Attorney for Plaintiff