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Home My WebLink About05-1335 II.: ALEX R. SZELES, INC., PLAINTIFF ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. ()~ -/33[ (]vlL~~ HENRY & JOAN MOWERS, DEFENDANTS NOTICE ITO DEFENDANTS NAMED HEREIN: II YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE I 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 ICLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO i 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. I YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO I 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 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 249-3166 II. ALEX R. SZELES, INC., PLAINTIFF ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. O~- /J 2-5 CI~; L ~VYl vs. HENRY & JOAN MOWERS, DEFENDANTS COMPLAINT AND NOW, comes the above-named Plaintiff, by its attorney, Samuel L. Andes, and makes the following Complaint in this matter. 1. The Plaintiff is ALEX R. SZELES, INC., a Pennsylvania business corporation with its principal offices at 5110 Lancaster Street in Harrisburg, Dauphin County, I Pennsylvania. d 2. The Defendants are Henry Mowers and Joan Mowers, his wife, adult !, individuals who reside at 1860 Hunters Drive in Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff is engaged in the business of fire and other casualty restoration and repair work to commercial and residential structures and real estate. Plaintiff has been so engaged at all times relevant to this action. 4. In October of 2000, Defendants' home at 1860 Hunters Drive in Mechanicsburg, Cumberland County, Pennsylvania, sustained substantial damage as a result of a sewer and water leak and flooding. 5. At the request of Defendants, Plaintiff prepared estimates or proposals to do repair and restoration work at Defendants' home. Those estimates or proposals consisted of the following: Ii.: !i A. A proposal to provide emergency services to mitigate damage, remove damaged material, and generally prepare the house for restoration. The total cost of that work, as proposed by Plaintiff, was $4,816.73. Attached hereto and marked as Exhibit A is a copy of Plaintiff's proposal for that work. B. A proposal for the work necessary to make complete repairs and do restoration to Defendants' home to correct the damage caused by the flooding and sewer problem, for a total cost of $15,388.52. A copy of Plaintiff's estimate for that work is attached hereto and marked as Exhibit I, , I I B. c. A proposal to remove, clean, store, and return to Defendants' home the furnishings and other household contents for a cost of $2,884.14. A copy of that estimate is attached hereto and marked as Exhibit C. II 6. The Defendants orally accepted the proposals of Plaintiff, authorized Plaintiff , I: to do the work outlined in those proposals, and agreed to pay Plaintiff the prices set out ,I Ii in those proposals for the work Plaintiff was to do. ,I 7. Plaintiff properly performed the work outlined in the proposals attached hereto II and marked as Exhibits A, B, and C and completed its work by December 2002. I, II 8. During the course of the work, Plaintiff and Defendants agreed that II Defendants would have a credit of $428.67 for work which the parties agreed Plaintiff I would not perform. I I 9. During the course of the work, Defendants made payments to Plaintiff against the balance they owed Plaintiff. 10. As a result of the payments made by Defendants to Plaintiff and the other credits to which Defendants are entitled, Defendants owe Plaintiff the sum of $8,214.96 and have owed that sum since 16 December 2002, by which date Plaintiff's work was completed. II. COUNT I - CONTRACT Plaintiff incorporates herein by reference, the averments set out in the foregoing paragraphs of this Complaint. 11. As a result of the arrangements between the parties, they entered into an oral agreement whereby Plaintiff was to do the work described on Exhibits A, B, and C attached hereto and Defendants agreed to pay Plaintiff the prices set forth in those estimates for that work. 12. Plaintiff well and truly performed its obligations under the oral agreement I between the parties. I 13. Defendants have breached the oral agreement between the parties by not paying in full for Plaintiff's work. Defendants, by their breach, have injured Plaintiff in the amount of $8,214.96, and owe Plaintiff that sum, plus interest after 16 December 12002. I WHEREFORE, Plaintiff demands judgment against the Defendants in the amount II of $8,214.96, plus interest after 16 December 2002, plus costs of suit. COUNT II - UNJUST ENRICHMENT 14. The averments set forth in Paragraphs 1 through 10 are incorporated herein by reference. 15. Plaintiff performed the work described in Plaintiff's Exhibits A, B, and C on Defendants' home and for the benefit of Defendants at the Defendants' request and insistence. 16. The prices set forth on Plaintiff's Exhibits A, B, and C for the work Plaintiff did for Defendants is a fair and reasonable price for such work at the time and the locale the work was done. 17. Defendants have retained the benefit of Plaintiff's work but has refused to pay for it. As a result, Defendants have been unjustly enriched. II. Ii ~~~~ Samuel L. Andes Attorney for Plaintiff Supreme Court 10 # 17225 525 N. 12th Street Lemoyne, PA 17043 (717) 761-5361 WHEREFORE, Plaintiff demands judgment against the Defendants in the amount of $8,214.96, plus interest after 16 December 2002, plus costs of suit. II.. I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). ALEX R. SZELES, INC., I Date: ~~ 7,;"u-f _r1t~/.t~ / ~ju;6 ~~ ~ /2-,~..A-/~_' I II il I I I I , . \ ' , " l " i' " i: II i' \: \, I' \: ,. I ~ I', 'I' \ \I " Ii \ \\ \: " ,. Ii I' \1, r II 1\ \\ \' " II ~ II ~, Ii \\ \ \ " II \\ Ii Ii \\ \ \\ \ II 1\ \\ II EXH\B\T J Alex R. Szeles Inc. 5110 Lancaster St. Harrisburg, PA 17111 (717) 561-0230 (717) 561-0230 10/23/2000 Client: Henry & Joan Mowers Address: 1860 Hunters Drive Mechanicsburg, PA 17055 Contact: Dale Fohl, Adjuster Address: GAB / Robins Camp Hill, PA Estimator: Milt Taleff Estimate: MOWERS_-_GAB File Number: SEWAGE DAMAGE - EMERGENCY SERVICES Q Res. Ph: (717)732-9817 Bus. Ph: (717)761-0500 Fax: (717)761-4430 Bus. Ph: (717)561-0230 Fax: (717)561-0149 ~ Alex R. Szeles Inc. Henry & Joan Mowers Room: Emergency Services Sub room 1: Bath $ubroom 2: Hall To Bath Subroom 3: Kitchen Sub room 4: Family Room Subroom 5: Offset $ubroom 6: Bed Room Sub room 7: Stairway To 1st Flr. $ubroom S: Kitchen Offset $ubroom 9: Offset At Steps LxWxH: LxWxH: LxWxH: LxWxH: LxWxH: LxWxH: LxWxH: LxWxH: Emergency service call - mobilization and drayage Dehumidifier unit (per day w/monitoring) 2 units for 5 day Drying fan (per day) - 7 fans for 5 days Administrative supervision - Inspection of loss and directing of work required. Removing waste solids from carpeting Water extraction from carpeting - black water Remove non-salvageable carpet Remove wet carpet pad First cleaning of concrete floor with disinfecting solution. Manipulation of excessive amount of contents and blocking - after hours Apply mildewcide solution Disconnect sink. remove sink top. remove and discard vanity Remove lower section of paneling or drywall appx 6" Disconnect kitchen sink and remove kitchen base cabinets for cleaning and resetting at a later date. Equipment take down and pick up charge Hauling and disposal of debris - 1.5 stake body truck loads 10/23/2000 Page:2 7'6" x 7' 0" x S'O" 7' 0" x 7' 0" x S'O" 13'7" x 12'2" x S'O" 34'0" x 13'0" x S'O" 13'9" x 6'2" x S'O" 14' 0" x 10'3" x S'O" 3'2" x 1'7" x S'O" lOT x 6'0" x S'O" lLT 10 DY 35 DY 2 HR 268 SF 653.9 SF 1. 006 SF 738 SF 1. 006 SF 4 HR 1. 006 SF 1 LT 201 LF 6 HR 1 EA 1. 5 LD Grand Total $4.816.73 Milt Taleff Project Manager " . . d ., \: I \ 1. i\ ,. I, \\ \' II \" \' 1\ ,\ \1 ~. ., II II \" \1 .1 '\ I, \\ \\ \\ .\ 1\ \i II ,I \\ \I II I, \ \ , \ \ ~ \ \\ , \ ~ ~ EXH\B\T 1 ~ Alex R. Szeles Inc. 5110 Lancaster St. Harrisburg. PA 17111 (717) 561-0230 (717) 561-0230 01105/2001 Client: Henry & Joan Mowers Address: 1860 Hunters Drive Mechanicsburg, PA 17055 Res. Ph: (717)732-9817 Contact: Dale FOhl, Adjuster Address: G A 8 / Robins Bus. Ph: (717)761-0500 Camp Hi 11. PA Fax: (717) 761-4430 Estimator: Milt Taleff Bus. Ph: (717)561-0230 Fax: (717) 561-0149 Estimate: MOWERS_-_REP File Number: REPAIRS - SEWAGE DAMAGE , 'p;, Alex R. Szeles Inc. Henry & Joan Mowers Roan: Bath LxWxH: Remove Paneling - High grade Replace lower sections of furring strips 1/2" drywall - hung. taped. floated, ready for pai nt Prep wall for wallpaper Wallpaper (per roll) Suspended ceiling grid - Reset/realign Cove base molding - rubber or vinyl, 4" high Second cleaning of concrete floor with disinfecting soluti Vanity Reinstall vanity sink top and reconnect plumbing lines Floor prep (scrape off rubber back carpet residue Glue down carpet - included in Kitchen carpet yardage R&R Toilet - Standard grade R&R Toilet seat R&R Casing Paint door (per side) Paint door trim & jamb (per side) 01/05/2001 Page:2 7' 6" x 7' 0" x 8'0" 232 SF 1 LT 232 SF 232 SF 6 RL 53 SF 29 LF 53 SF 3 LF 1 LT 53 SF 1 LT 1 EA 1 EA 18 LF 1 EA 1 EA Roan: Kitchen Subroom 1: Offset At Hall Subroan 2: Offset At Front Left LxWxH: LxWxH: LxWxH : Second cleaning of concrete floor with disinfecting sol uti Reset metal kitchen base cabinets and reinstall metal kick plates Reset counter top Reinstall sink and reinstall drain and feed lines that had to be cut to remove sink Cooktop - Remove & reset Floor prep (scrape off rubber back carpet residue Glue down carpet - 12' x 28'6" carpet purchased, includes yardage for hall and bath room. Cove base molding - rubber or vinyl. 4" high 1/2" drywall - hung, taped, floated, ready for paint or paper - in hallway between kitchen and bath and front section of kitchen. Suspended ceiling grid - Reset/realign Paint door (per side) Paint door trim & jamb (per side) Paint the surface area - two coats Prep wall for wallpaper - Hall between kitchen and bathroom 13'7" x 7'0" x 3'2" x 12'2" x 7' 0" x 1']" x 8'0" 8'0" S'O" 221 SF 25 LF 25 LF 1 EA 1 EA 221 SF 38 SY 84 LF 296 SF 221 SF 1 EA 1 EA 176 SF 200 SF Alex R. Szeles Inc. Continued - Kitchen Wallpaper (per roll) Installed in hallway between kitchen and bath room. Install wainscoating supplied by owner instead of wall paper in front section of kitchen Install trim work around divider wall tops between family room and kitchen Henry & Joan Mowers Room: Family Room Sub room 1: Offset Sub room 2: Offset At Steps LxWxH: LxWxH: LxWxH: Second Cleaning of concrete floor with disinfecting sol uti R&R Paneling - High grade - 16 sheets damaged Suspended ceiling grid - Reset/realign R&R Baseboa rd - 3 II 4" Paint baseboard - two coats Replace tack strip on concrete floor Carpet pad Carpet - (material and labor) - in order to provide carpet with one seam as per previous carpet we needed to purchase carpet pieces of 12' x 41' and 12' x 35' . total 12' x 76' Content manipulation to facilitate repairs Room: Bed Room 01/05/2001 Page:3 34'0" x 14'0" x 10'1" x 13'0" x 6'2" x 6'0" x LxWxH: 14'3" x 10'0" x Second cleaning of concrete floor with disinfecting soluti 1/2" drywall - hung. taped, floated, ready for paint Replace lower sections of furring strips Seal bottom plates Prep wall for wallpaper Wallpaper - Premium grade. Fabric backed vinyl. heavy guage Remove and reinstall 2 corner shelves and brackets Paint 2 corner shelves and brackets to match new wallpaper Suspended ceiling grid - Reset/realign R&R Baseboard - 3 II4" Paint baseboard - two coats Replace tack strip on concrete floor 8 RL 96 SF I LT 8'0" 8'0" 8'0" 590 SF 512 SF 590 SF 134 LF 134 LF 134 LF 66.55 SY 101.34 SY I LT 8'0" 143 SF 388 SF 1 LT 1 LT 388 SF 388 SF 2 EA 2 EA 143 SF 49 LF 49 LF 49 LF Henry & Joan Mowers Alex R. Szeles Inc. Continued - Bed Room 01/05/2001 Page:4 Carpet pad Carpet - (material and labor) 15.89 S' 19.33 S' Room: Basement Stairway Install carpet pad on steps Carpet - (material and labor) - carpet yardage included in Family room carpet Step charge for carpet installation - additional charge 1 L1 1 L1 12 EA Room: Duct Cleaning Interior duct cleaning and pressure sealing - 22 register feeds @$29.00 and return and supply trunk lines @$75.00 each. 1 LT Room: General Items Final cleaning of construction dust Hauling and Dumping - Stake Body Truck Load 8 HR 2 EA Grand Total $15.388.52 Milt Taleff Project Manager ".' ..' " \\ \ , !'\', II ,\ "\ " ^~ \ ,\ II \' .\ \ E)(\-\\B' . . . Alex R. Szeles Inc. 5110 Lancaster St. Harrisburg, PA 17111 (717) 561-0230 (717) 561-0230 03/15/2001 Client: Henry & Joan Mowers Address: 1860 Hunter Drive Mechanicsburg, PA 17055 Contact: Dale Fohl. Adjuster Address: GAB / Robins Camp Hill. PA Estimator: Milt Taleff Estimate: MOWERS_-_CON File Number: CONTENTS MOVING AND CLEANING-SEWAGE Res. Ph: (717)732-9817 Bus. Ph: (717)761-0500 Fax: (717)761-4430 Bus. Ph: (717)561-0230 Fax: (717)561-0149 c . Alex R. Szeles Inc. 03/15/2001 Page:2 Henry & Joan Mowers Roan: Contents Delivery charges, set up and return charges of storeage trailer left on site. $125.00 delivery & $125.00 pick up. Storeage trailer on site - monthly rental charge Moving of numerous contents from finished basement areas and placing in storeage trailer on site. Cleaning of contents and returning them to finished basement areas 1LT 7 MO 28 HR 32 HR Roan: Bath Drain opening as per Roto Rooter billing attached 1 LT Grand Total $2,884.14 Milt Taleff Project Manager \.:) ~ ~ 7' ~ ~. lr( - ~ \) c- U] . ~--G~ r;, ~ F ~ 12- ~- ,.....): .- 0' - \ } ..... -'''' J(j ',.:'\ SHERIFF'S RETURN - REGULAR CASE NO: 2005-01335 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ALEX R SZELES INC VS MOWERS HENRY ET AL CPL. TIMOTHY REITZ Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn accordin says, the within COMPLAINT & NOTICE was served upon MOWERS JOAN DEFENDANT , at 1015:00 HOURS, on the 21st day of March 2005 at 1860 HUNTERS DRIVE MECHANICSBURG, PA 17055 by handing to JOAN MOWERS a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents t ereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 .~ , Kline 03/22/2005 SAMUEL ANDES --------. Sworn and Subscribed to before By: me this /?J~ day of ~-011f SHERIFF'S RETURN - REGULAR , CASE NO: 2005-01335 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ALEX R SZELES INC VS MOWERS HENRY ET AL CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn accordin to law, says, the within COMPLAINT & NOTICE MOWERS HENRY DEFENDANT was served upon at 1860 HUNTERS DRIVE , at 1015:00 HOURS, on the 21st day of March MECHANICSBURG, PA 17055 JOAN MOWERS, WIFE by handing to a true and attested copy of COMPLAINT & NOTICE he 2005 together with and at the same time directing Her attention to the contents t ereof. Sheriff's Costs: Docketing Service Postage Surcharge 18.00 7.40 .37 10.00 .00 35.77 So Answers: t/.;(~ J;/";:'-~:~~ '7.'- R. Thomas Kline 03/22/2005 SAMUEL ANDES Sworn and Subscribed to before By: I }it day ( (;05 of