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Home My WebLink About06-1769 ~ '. . Michael B. Volk, Esq. Attorney 1.0.#88553 Capozzi & Associates, P.c. 2933 North Front Street Harrisburg, P A 17055 Tel: (717) 233-4101 Attorney for Service 1 st Restoration and Remodeling, LLC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SERVICE 1ST RESTORATION AND REMODELING, LLC 5 East Allen Street Mechanicsburg, P A 17055 Plaintiff v. WILLIAM A. SIL VERLlNG, 1021 Country Club Road Camp Hill, PA 17011 and ROBERT WALKER, 197 Skyline Drive Mechanicsburg, P A 17050 Doing Business as SlVWAL PROPERTIES P,O. Box 481 Camp Hill, PA 17011 Defendants. 9 CAUSE NUMBER: 0&, - J7k. 'f 9 9 CIVIL ACTION - LAW 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 NOTICE C, (j -i.o'-r&z..L 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 the 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 tail 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 and other claim or relief requested by the Plaintiffs. You may lose money or property or and 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 ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 (717) 249-3166 Le had demandado a usted en la corte. Si usted qui ere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente dias de plazo al particular de la fecha de la demanda y la notificication. Hace falta ascentar una comparencia escrita 0 en persona 0 con abogado y cntregar a la corte en forma escrita sus defenses 0 sus objeciones alas demand as en contra de su persona. Se adviso que si usted no tiene defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso 0 notificacion. Ademas, la corte puede dccidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Ustcd puedc perder dinero 0 sus propiedadcs y otros direchos importantes para usted. LLEVE ESTA DEMANDA A SU ABOGADO IMMEDIATAMENTE, SI NO TIENE ABOGADO 0 SI NO TIENE EL DlNERO SUFICIENTE DE PAGAR TAL SERVICIO, VA Y A EN PERSONA 0 LLAME POR TELEFONO A LA OFIClNA CUY A DIRECClON SE ENCUENTRA ESCRIT A ABAJO PARA A VERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty A venue Carlisle, PA 17013 (717) 249-3166 \. , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA SERVICE 1ST RESTORATION AND REMODELING, LLC 5 East Allen Street Mechanicsburg, P A 17055 Plaintiff v. WILLIAM A. SIL VERLING, 1021 Country Club Road Camp Hill, PA 17011 and ROBERT WALKER, 197 Skyline Drive Mechanicsburg, P A 17050 Doing Business as SIYW AL PROPERTIES P.O. Box 481 Camp Hill, PA 17011 Defendants. ~ CAUSE NUMBER: {){.. - l"ff.. '? (!/u:t7f1z:rl. 9 CIVIL ACTION, LAW 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 COMPLAINT AND NOW, comes Plaintiff, Service I <, Restoration and Remodeling, by and through its attorney, Michael B. Yolk of the law finn Capozzi & Associates, P .c., and as set-forth in the following complaint, respectfully shows the Court as follows: I. Plaintiff, Service I ST Restoration and Remodeling, LLC, (hereafter, "Plaintiff), is a construction and disaster remediation limited liability company having its principal ot1ice at 5 East Allen Street, Mechanicsburg, P A 17055, 2. Defendant William A. Silverling is an adult individual currently residing at 1021 Country Club Road, Camp Hill, PA 17011. Service of Process may be had upon Defendant William A. Silverling at this address. \. , 3. Dcfendant Robert Walker is an adult individual currently residing at 197 Skyline Drive, Mechanicsburg, P A 17050. Service of Process may be had upon Defendant Robert Walker at this address. 4, Venue is correct as all parties are domiciled in Cumberland County, Pennsylvania. 5, On information and belief, William A, Silverling and Robert Walker, doing business as Sivwal Properties (hereafter, "Defendants") own a property located at 562 Race Street, Harrisburg, PA 17103. All future references to "Defendants' property" refer to this specific property, 6. On or about September 13,2004, Defendants' property sustained flood damage in the aftermath of Hurricane Ivan's passage through the arca, 7. Defendants contacted Plaintiff on or about October 14, 2004 to provide an estimate as to the scope and cost of services to repair flood damage. 8. On October 22,2004, Defendants provided Plaintiff with a written authorization to begin work, which is attached as Exhibit "1" and is hereby incorporated by reference. 9. On or about October 23, 2004, Plaintiff provided an estimate to Defendants that set-forth the scope and cost of services to repair flood damage. A copy of that estimate is attached as Exhibit "2" and is hereby incorporated by reference. 10, Subsequently, Plaintiff and Defendants entered into an agreement to perform flood damage remediation, with the scope of work to be as set forth in the estimate. 11. Various amendments were made to the estimates as work proceeded. 12. Plaintin; its agents and subcontractors perfonned all work in a competent and craftsman like manor. 13. Defendants accepted the work without complaint or protest. L_ \. , 14. Plaintiff received payment of $45,000.00 on behalf of Defendants, leaving a balance due ofS13,135,13 as shown by the memo attached as Exhibit "3" and is incorporated by reference, 15. All credits, oflsets and payments have been applied to the amount Defendants owe to Plaintiff \ 6. Since that time, Defendants have refused to pay the balance due for the work perfonned, thus damaging Plaintiff COUNT 1- BREACH OF CONTRACT 17. Plaintiff hereby incorporates paragraphs I through 16 of this Complaint as if set, forth at length herein. 18. As more fully described herein, on or about October 23, 2004, Plaintiff and Defendants agreed to pay for the provision of work, as set forth in the estimates attached as Exhibits 1'1" and lI2l1, 19. Defendants have not made payments for the flood remediation services provided, as agreed to by the parties. 20, Plaintiff is entitled to compensation for the serviees and materials rendered to Defendants. 21, As such, Defendants are responsible for the outstanding balance owed to Plaintiff for services and materials rendered. 22. Plaintiff has demanded payment from the Defendants, but the Defendants have refused and continue to refuse payment. 23. Plaintiflhas been damaged by the failure of the Defendants to pay for the services and materials rendered. \ \. WHEREFORE, Plaintiffrespectfully requests that this honorable Court enter an Order as follows: a. Granting judgment for Plaintiff and against Defendants William A. Silverling and Robert Walker in the amount of at least $13.135.14, plus 6% prejudgment and post judgment interest per annum, or as determined by the Court, inclusive of interest and costs; b. Granting Plaintiff its expenses, including reasonable attorney fees of$375,OO incurred to date in connection with this action, and; c. Granting such other relief as the Court deems appropriate, COUNT 2-BREACH OF IMPLIED CONTRACT 24. Plaintiff hereby incorporates paragraphs 1 through 23 of this Complaint as if set forth at length herein, 25. Pursuant to rule 1020(c) of the Pennsylvania Rules of Civil Procedure, Plaintiff pleads the following alternative cause of action. 26. On or about October 23,2004, Defendants agreed to pay Plaintiff in exchange for flood damage remediation and other work as set forth in an estimate provided to Defendants by Plaintiff. 27. Plaintiff provided the services as set forth in the estimate. 28. The facts, as set forth above, establish an implied-in-law and an implied-in-fact contract. 29. Due to the existence of the implied,in-Iaw and implied-in-fact contract, Plaintiff is entitled to compensation for the services and materials rendered to Defendants. 30. Plaintiff has demanded payment from Defendants under the tenns of the implied, in,fact and implied-in-law contract, but Defendants have refused payment. 3 I. The Plaintiff has been damaged by the refusal of Defendants to pay for the services rendered, in breach of the implied-in-Iaw and implied-in-fact contract. WHEREFORE, Plaintiff respectfully requests that this honorable Court enter an Order as \. , follows: a. Granting judgment for Plaintiff and against Defendants William A. Silverling and Robert Walker in the amount of at least $13,135.14, plus 6% prejudgment and post judgment interest per annum, or as determined by the Court, inclusive of interest and costs; b, Granting PlaintifTits expenses, including reasonable attorney fees of$375.00 incurred in connection with this action, and; c. Granting such other relief as the Court deems appropriate. COUNT 3-QUANTUM MERUIT 32. PlaintifThereby incorporates paragraphs 1 through 31 of this Complaint as ifset forth at length herein. 33. Pursuant to rule 1020(c) of the Pennsylvania Rules of Civil Procedure, Plaintiff pleads the following alternative cause of action, 34. As more fully described herein, Plaintiff's expectation of payment in exchange for rendering flood damage remediation services to Defendants was reasonable, 35, Plaintiff~ in rendering services to Defendants, has conferred a substantial benefit upon them, 36. Defendants retained the benefit of the bargain with Plaintiff for the provision of flood damage remediation services and has not conferred a similar benefit in return upon the Plaintiff 37. Defendants have been unjustly enriched at the expense of Plaintiff. 38. Due to Defendants' unjust enrichment, Plaintiff is entitled to proper compensation for the services rendered to Defendants. 39. Defendants' unjust enrichment at Plaintiffs expense has damaged the Plaintiff 40. Plaintiff has demanded payment from Defendants, but Defendants have refused payment. ... , WHEREFORE, Plaintiff respectfully requests that this honorable Court enter an Order as follows: a. Granting judgment for Plaintiff and against Defendants William A. Silverling and Robert Walker in the amount of at least $13,135.14, plus 6% prejudgment and post judgment interest per annum, or as determined by the Court, inclusive of interest and costs; b. Granting Plaintiff its expenses, including reasonable attorney fees of$375.00 incurred in connection with this action, and; c, Granting such other relief as the Court deems appropriate. ./ Respectfully submitted, CAPOZZI AND ASSOCIATES, P,C. / ' aCJl. J/L~:/ By,. ~/ , Michael B. Yolk, Esq. Attorney 1.0, # 88553 2933 North Front Street Harrisburg, P A 17110 (717) 233-4101 Attorney for Plaintiff Date: 2L~?P"-6 \ \ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SERVICE 1ST RESTORATION AND REMODELING, LLC 5 East Allen Street Mechanicsburg, PA 17055 Plaintiff v. WILLIAM A SIL VERLING, 1021 Country Club Road Camp Hill, PA 17011 and ROBERT WALKER, 197 Skyline Drive Mechanicsburg, PA 17050 Doing Business as SIVW AL PROPERTIES P.O. Box 481 Camp Hill, PA 17011 Defendants. 9 CAUSE NUMBER: 9 9 CIVIL ACTION - LAW 9 9 9 S 9 9 9 9 S 9 S S S 9 9 S 9 9 9 9 9 I, Michael B. Volk, Esquire, do hereby verify that the facts made in the complaint are true and correct to the best of my knowledge, information and belief. This verification is being made as Plaintiff is unavailable and time is of the essence. Counse w;\ll substitute a verification of Plaintiff as soon as available, I understand that any fals statements therein are subject to the penalties contained in Title 18 of the Pennsylvania Con olidated Statutes Section 4904, rel:ting to uns~orn falsification to authorities. II , ,/ Date: Lc ,^!v_/l~. j/AJV By: ~/'-r./~/ ichael B. Yolk, Esq, Attorney J.D. # 88553 2933 North Front Street Harrisburg, P A 17110 (717) 233-4101 Attorney for Plaintitl , . , ., SERVICE FIRST oj' .o.A'IIOII & " 0- -. L L C. 106 North WIbU SIreet Me "'1IIi(~..... PA 170SS (717)697-7016 , .,. AUlHORIZATION TO BEGIN WORK Well. 1he"'*-=M hereby grIIIt SBIlVICE FIRST. .....-. .. -n 10 .. ... "'lIp aad 1.....600...... r-oltlotg titJm a LJo.+e.L \11\ ~\t)..IS<2 HelM. r/ocA, to1hepk.......t,Io*v<J1!l: f&?.. Qa.ce S'-L I-Jce~?<;bo5 ,P-A 11104. Well fid1her adaIowledF tbIt we wiI be held "..."":itdIy 1~ fur lIlY imunmce d..oL. J....... or .......... DOt ""oWed aader _ &-........ claim filr tIIese Idltut~ IDd cJo-....i'l! services. Well asree to IIIIke paymeIlIB filr theee...-.....at IIeI'YiceIl upon l~ of an imoice. .5,.....wJl(.. Pf<~A5R-n6S ~ &-.--1 f7~ ~igPmn-e 9/;~/~ Date S;p-n-e Date EXHIBIT I JI \ \ Service First Restoration & Remodeling, LLC 5 East Allen Street Mechanicsburg, PA 17055 Ph. (7]7) 697-70]6 Fax (717) 697-6282 , 1 ~ ,! ., ..;:'!. 1 4 ~ q." 1 ! Type of Estimate: Water Client: Robert Walker Property: 562 Race Street Harrisburg, PA 17104 Operator: TREY Estimator: RICHARDSON,JIM Business: (717) 697-7016 Business: 106 North Walnut Street Mechanicsburg, PAl 7055 Date Entered: 09/23/04 Date Est. Completed: 09/23/04 Date Assigned: 09/14/04 Price List: PAHA2S3DW RestorationlService/RemodeI with Service Charges Broken Out Estimate: WALKERBOB ~~"" " ~. ~""'''''~--~~" , . - '~?'.<:'\,~~ '" n....>..~ l , , pM .~~ ~'^'--'~ .~ _, __1;ii;2I The following estimate is our best assessment of insurance-related damages that we observed during our on-site scope evaluation. However, due to the nature of restoration construction, we reserve the right to revise the scope of work to reflect additional costs that may occur due to unforeseen conditions, concealed damage, or oversights. This estimate is good for 30 days. We reserve the right to review this estimate for changing material costs beyond 30 days from the date of this estimate. Damage in the basement is unable to be detennined at this time due to mud/cleanup. The basement will be evaluated at a later date and the costs will become a su lemental art of this estimate. I EXHIBIT ~ / '- , , Service First Restoration & Remodeling, LLC 5 East Allen Street Mechanicsburg, PA 17055 Ph, (717) 697-7016 Fax (717) 697-6282 W ALKERBOB Main Level Area Items: Main Level Room: Living Rm " . is h .. , r---14'..- 474.06 SF Walls 617,69 SF Walls & Ceiling 15.96 SY Flooring 58.25 LF Ceil. Perimeter 143.63 SF Ceiling 143.63 SF Floor 48.58 LF Floor Perimeter ,iTaC;.;;'-'~':,.;;'i..i..:i"';; . . _" /fit'll!!lPlfJJJ:::"'-'''~'~ . -., co." ~~~",' 'REMOw """ Uii"':"ii'E'~':"'::'--:-;-rnj "'''''~,"",~-0""",V'''''' '0. __~~ _ ,," ~~ ~:!:~'i'!, " ___..h~,,~ ~=~""~~....."'''-'-".'''---~ Patch/repair plaster 4' above floor, paint all walls, detach and reset baseboard. Plaster patch" ready for paint 1.00 EA Thin coat plaster (no lath) 194.33 SF Mask and prep for paint 209.83 LF Paint the walls - one coat 474.06 SF Seal/prime the walls - one coat 474.06 SF Paint the ceiling - two coats 143.63 SF Detach & Reset Baseboard - 6" hardwood - 30,58 LF molded w/inrricate detail Finish Carpenter - per hour Clean baseboard Paint baseboard. oversized - two coats R&R Baseboard heat. steam or hot water 2.00 HR 30,58 LF 30.58 LF 18.00 LF HV AC Technician - per hour Clean door - with detail (per side) Clean door window opening (per side) Clean window unit (per side) 10 - 20 SF Clean sill. wood Paint door slab only" I coat (per side) Paint door window trim & jamb - 1 coat (per . side) I Paint door or window opening - Large - I coat I (per side) Paint window sill. I coat 1.00 HR 1.00 EA 84.00 LF 2.00 EA 6.00 LF 1.00 EA 3.00 EA 1.00 EA 6.00 LF W ALKERBOB 0,00 117.83 117.83 0.00 1.76 342.03 0.00 0,63 132.19 0.00 0.28 132.74 0.00 0.26 123.25 0.00 0.47 67.51 0.00 0.00 45.26 0.00 52,98 105.96 0.00 0.16 4.89 0,00 0.69 21.10 1.23 13.12 258.30 0.00 50.87 50,87 0.00 5.20 5.20 0,00 0.36 30.24 0,00 7.20 14.40 0.00 0.35 2.10 0.00 24.99 24,99 0.00 9.83 29.49 0.00 11.56 11.56 0,00 0.79 4.74 10/22/2004 Page: 2 , .. Service First Restoration & Remodelin2. LLC 5 East Allen Street Mechanicsburg, PA 17055 Ph. (717) 697-7016 Fax (717) 697-6282 Carpet pad - High grade 143.63 SF 0.00 0.88 Cut pile carpet - 36 oz, 168.00 SF 0,00 2.00 Seam carpet 5.00 LF 0.00 3.04 Carpet Installer. per hour 2.50 HR 0.00 52.43 The underia~ment under the carpet pad was saturated with fuel oil that was in the flood waters. The wood underia~ment is holding the fuel oil odor. The underalyment must be replaced, and the subfloor sealed. Ozone treatment must be used, R&R Underiayment - 1/4" lauanlmahogany 143,63 SF 0.59 0.98 plywood Seal/prime the floor - two coats CLEANING - masonry chimney 4' above floor Door lockset . Detach & reset Plasterer - per hour R&R Rigid foam insulation board - I" Waste [tern - Cut pile carpet - 36 oz. 126.40 336.00 15,20 131.08 225.50 143.63 SF LOO MN LOO EA 3.00 HR 44.00 SF 25.20 SF 0,00 0,00 0.00 0.00 0.15 0,00 0.44 50.00 17,75 40.54 0.67 2.00 63.20 50,00 17.75 121.62 36.08 50.40 ~.TtltaIs: Li:RlgRm 2.69T~ W ALKERBOB [0/22/2004 Page: 3 , .. Service First Restoration & Remodeling, LLC 5 East Allen Street Mechanicsburg, P A 17055 Ph. (717) 697-7016 Fax (717) 697-6282 patll:fi'"(3i "' . Room: Entry 571.11 SF Walls 668.12 SF Walls & Ceiling 10.78 SY Flooring 66.67 LF CeiL Perimeter 97.01 SF Ceiling 97.01 SF Floor 52.33 LF Floor Perimeter ~ - '';'--~F'' REMOVE REPL,,-a - ~ ~ ~ ~___~~~~,'~t'" ~ ~ - - . .~~:~ French double door set - Detach & reset 1.00EA 0.00 62,60 62,60 Detach & Reset Exterior door - fiberglass / wood 1.00EA 0.00 0.00 53.96 w/detail - Premium grade Door repair - Minimum charge 2.00 EA 0.00 160.00 320.00 Clean door (per side) 6.00 EA 0,00 3.50 21.00 Paint door slab only - 2 coats (per side) 12.00 EA 0,00 14.62 175.44 Paint door/window trim & jamb - 2 coats (per 4.00 EA 0.00 14.45 57.80 side) Door lockset & deadbolt - exterior - Detach & 2.00 EA 0.00 24.84 49,68 reset R&R End molding - for wood flooring 11.00 LF 0.19 3.59 41.58 Regrout tile 97,01 SF 0.00 1.70 164.91 Tile/Cultured Marble Installer. per hour 2.00 HR 0.00 56.64 113.28 Clean the floor - Heavy 97,01 SF 0.00 0.44 42.68 Detach & Reset Baseboard. 6" hardwood- 12.00 LF 0.00 0.00 17.76 molded w/intricate detail Finish Carpenter. per hour 4.00 HR 0,00 52.98 211.92 Clean baseboard 12.00 LF 0.00 0.16 1.92 Paint baseboard, oversized - two coats 12.00 LF 0.00 0.69 8.28 Detach & Reset Casing - oversized - 3 1/4" 64.00 LF 0.00 0.00 55.68 hardwood - molded w/detail Clean trim - wood 64.00 LF 0.00 0.16 10,24 Stain & finish casing 64.00 LF 0,00 0.72 46.08 R&R Baseboard heat - steam or hot water 4.00 LF 1.23 13,12 57.40 Plaster patch - ready for paint 1.00EA 0.00 117.83 117.83 R&R Thin coat plaster over 1/2" gypsum lath 165.33 SF 0.54 2.44 492,69 Mask more than the ceil perimeter per square foot 110.67 LF 0.00 0.12 13.28 Mask the floor per square foot 97.0 I SF 0.00 0,12 11.64 Seal then paint the walls and ceiling (2 coats) 668.12 SF 0.00 0.46 307.33 Detach & Reset Light fixture 1.00 EA 0.00 0,00 25,59 HV AC Technician - per hour 1.00HR 0.00 50.87 50.87 Plasterer. per hour 3.00 HR 0.00 40.54 121.62 I6iiiilit T"c..it'''=: : -; '" -, . - .,;.:.:a....z;'!! --~~ ...:~~-~~~- ~ ~ W ALKERBOB 10/2212004 Page: 4 , .. :rimeter ~~I 117.83 I 281.01 I 121.28 118.92 110.43 32.44 105.96 3,51 15.12 157.85 9.49 56.95 5.20 30.24 283.99 24.99 29.49 11.56 ! 4.74 132.81 336.00 15.20 ment is sed. 236.94 66.40 50,00 i 17.75 :2!2004 Page: 5 , .. Service First Restoration & Remodelin~, LLC 5 East Allen Street Mechanicsburg, P A 17055 Ph, (717) 697-7016 Fax (717) 697-6282 : Carpetlnsraller. per hour 2.50 HR 0.00 52.43 131.08 : HVAC Technician - per hour 1.00 HR 0.00 50.87 50.87 i Plasterer. per hour 3.00 HR 0.00 40,54 121.62 ; R&R Suspended ceiling tile - Premium grade. 2' 150.92 SF 0.10 l.21 197.70 jx4' I ! Prime & paint ornamental iron grill 150.92 SF 0.00 1.10 166,01 ! I Waste [tern - Cut pile carpet- 36 oz. 25.20 SF 0.00 2.00 50.40 I r:~:::~t~'~~~C~~,:t2 li~]t~l ......--21' 1"--1 Room: Kitchen 6'J"\leStiblll ----a'1-a'-8"~a"l'-i 681.22 SF Walls 845.90 SF Walls & Ceiling 18.30 SY Flooring 81.92 LF CeiL Perimeter 164.67 SF Ceiling 164.67 SF Floor 79.25 LF Floor Perimeter Sink faucet - Detach & reset 1.00EA 0,00 44.35 44.35 R&R P-trap assembly - ABS (plastic) 2.00 EA 3.65 27.70 62.70 R&R Water supply line - PEX with filting and 2.00 LF 059 5.53 12.24 hanger, 1/2" I Sink. double. Detach & reset 1.00 EA 0.00 58.68 58.68 R&R Angle stop 2.00 EA 2.44 17,78 40.44 Plumber. per hour 3.00 HR 0,00 49,25 147,75 R&R Backsplash . plastic laminate 27.00 SF 0.44 4.95 145,53 R&R Countertop . Flat laid plastic laminate- 11.00 LF 2.11 26.03 309.54 High grade . R&R 4" backsplash for tlatlaid countertop 11.00 LF 0.44 5.61 66.55 I R&R 6" backsplash for tlatlaid countertop 3.00 LF 0.44 6.27 20.13 , R&R Cabinetry -lower (base) units - High grade 9.00 LF 3.67 173,04 1.590.39 R&R Cabinetry - upper (wall) units - High grade 13.50 LF 3,67 133,96 1.858,01 Range hood. Detach & reset 1.00 EA 0.00 40.40 40.40 R&R Refrigerator - 18 cf 1.00 EA 16.27 621.16 637.43 R&R Range. High grade 1.00 EA 9,83 643,80 653.63 I R&R 1/2" drywall. hung, taped, tloated, ready 317,00 SF 0,19 1.11 412.10 I for paint Drywall Installer / Finisher - per hour 1.00 HR 0.00 43.65 43.65 Seal then paint the walls and ceiling (2 coats) 845,90 SF 0.00 0.46 389.11 Detach & Reset Light fixture 1.00 EA 0.00 0.00 25.59 R&R Baseboard heat. steam or hot water 17,00 LF l.23 13.12 243.95 WALKERBOB 10/22/2004 Page: 6 , , ,'. . . .. Service First Restoration & Remodelin~, LLC 5 East Allen Street Mechanicsburg, P A 17055 Ph, (717) 697-7016 Fax (717) 697-6282 I R&R Baseboard - 3 1/4" 15.00 LF I Paint baseboard - two coats 15.00 LF I Replace and level the subfloor. Include temporary shoring of floor joists from below. I R&R Sheathing - plywood - 3/4" - tongue and 164.67 SF 0.68 I groove I R&R Vinyl floor covering (sheet goods) - High grade R&R Underlayment - 1/4" lauanlmahogany plywood R&R Vinyl - metal transition strip R&R Stud wall - 2" x 4" - 12" oc R&R Interior door - Colonist - slab only Paint door slab only - 2 coats (per side) R&R Casing - 2 1/4" Finish Carpenter - per hour Paint casing - two coats Door lockset - Detach & reset Detach & Reset Shelving. 12" - in place HV AC Technician - per hour R&R Suspended ceiling tile - Premium grade - 2' x4' Prime & paint ornamental iron grill Wood Floor Covering Installer - per hour this labor charge is for some floor jacking and reframing. Waste Item - Vinyl floor covering (sheet goods)- High grade 0.23 1.55 26.70 0.67 10.05 1.83 413.33 3,82 256.20 0.98 258.54 1.43 16,20 1.43 129.36 71. 96 76.03 14.62 29.24 1.23 44.40 52.98 52.98 0.66 19.80 17.75 17,75 0.00 116,64 50.87 50.87 1.21 215,73 1.10 181.14 52.20 835.20 3.82 34.38 ....;, ! /. 0.00 60.00 SF 0.45 164.67 SF 0.59 9,00 LF 84,00 SF 0.37 0.11 1.00 EA 2.00 EA 30.00 LF 1.00 HR 30,00 LF 1.00 EA 24.00 SF 1.00HR 164.67 SF 4,07 0.00 0.25 0.00 0.00 0.00 0.00 0.00 0.10 164.67 SF 16.00 HR 0.00 0.00 9.00 SF 0.00 'I' ,...--6'6"~ ,r 1~ 8ath :" !l:l . ~ I ! I~ J"S" $11(,1 1 245.33 301.86 6.28 30.67 SF Walls SF Walls & Ceiling SY Flooring LF CeiL Perimeter SF Ceiling SF Floor LF Floor Perimeter Room: Bath ". 3'10. 56.53 56.53 30.67 Sink faucet. Detach & reset R&R p.trap assembly. ABS (plastic) W ALKERBOB 10/2212004 Page; 7 , " Service First Restoration & Remodelin2. LLC 5 East Allen Street Mechanicsburg, P A 17055 Ph. (717)697-7016 Fax (717) 697-6282 ... 'R&R Water supply line - PEX with filting and hanger. 1/2" Sink. single. Detach & reset R&R Angle stop i R&R Toilet , R&R Toilet seat R&R Toilet seat - Standard grade R&R Tub/shower faucet R&R Bathtub R&R Bathtub enclosure - sliding glass doors R&R Vanity. High grade Medicine cabinet. Detach & reset Detach & Reset Light bar. 3 lights I R&R 1/2" drywall - hung, taped, floated, ready for paint Drywall Installer / Finisher - per hour I R&R 1/2" Cement board I R&R Tile tub surround - up to 60 SF I Seal then paint part of the walls and ceiling (2 coats) R&R Baseboard heat - steam or hot water R&R Baseboard - 3 1/4" Finish Carpenter - per hour Paint baseboard - two coats R&R Vinyl floor covering (sheet goods). High grade R&R Underlayment - 1/4" lauanlmahogany plywood SeaVprime the floor - two coats R&R Folding door R&R Interior door. lauanlmahogany - slab only Paint door slab only - 2 coats (per side) R&R Casing - 2 ],'4" Paint casing - two coats Door lockset . Detach & reset Plumber - per hour HV AC Technician - per hour R&R Suspended ceiling tile - Premium grade - 2' x 4' Prime & paint ornamental iron grill Waste Item. Vinyl floor covering (sheet goods)- High grade I - 3.00 LF 0.59 5,53 18.36 1.00EA 0.00 54.90 54.90 3.00 EA 2.44 17.78 60.66 1.00EA 12.21 226.83 239.Q4 1.00 EA 3.33 24.56 27.89 1.00 EA 3.33 20,57 23.90 1.00 EA 12,21 150.69 162,90 1.00EA 36.61 371.46 408.07 1.00 EA 10.19 205.20 215.39 3.00 LF 3,67 117.42 363.27 1.00EA 0.00 29.35 29.35 1.00 EA 0.00 0.00 25.59 82.67 SF 0,19 1.11 107.47 2.00 HR 0.00 43.65 87.30 50,00 SF 0.40 2.73 156.50 1.00EA 58.47 715.74 774.21 251.86 SF 0.00 0.46 115.86 3.00 LF 1.23 13.12 43.05 15.00 LF 0,23 1.55 26.70 2,00 HR 0.00 52.98 105,96 15.00 LF 0.00 0.67 10.05 60,00 SF 0.45 3.82 256.20 56.53 SF 0.59 0.98 88.75 56.53 SF 0.00 0.44 24.87 1.00EA 8.61 85.77 94.38 1.00 EA 4.07 67.59 71.66 2.00 EA 0.00 14.62 29.24 30.00 LF 0,25 1.23 44.40 30.00 LF 0.00 0.66 19.80 1.00 EA 0.00 17.75 17.75 4.00 HR 0.00 49.25 197.00 1.00 HR 0.00 50.87 50.87 56.53 SF 0.10 1.21 74.05 56.53 SF 0.00 1.10 62,18 9.00 SF 0.00 3.82 34.38 ~~BiId. -', ' ~ ~. ....:a."'iIl'!! ~---~.~ . . . ~ W ALKERBOB 10/22/2004 Page: 8 , .. , Service First Restoration & Remodelin2. LLC 5 East Allen Street Mechanicsburg, P A 17055 Ph. (717) 697-7016 Fax (717) 697-6282 -12",- Room: Bedroom >S. Ifl N 8 . :n~~ ~ 574,33 SF Walls 703.81 SF Walls & Ceiling 14.39 SY Flooring 67.83 LF Ceil. Perimeter 129.47 SF Ceiling 129.47 SF Floor 57.83 LF Floor Perimeter ~ "" ,., " -r-.--8'~1'---f-5f ~":.: ' QNTY REMOVE REPLACE T~ Detach & Reset Baseboard - 6" hardwood - 39.83 LF 0.00 0.00 58.95 molded w/intricate detail Finish Carpenter - per hour 3.00 HR 0.00 52.98 158,94 Clean baseboard 39.83 LF 0.00 0,16 6.37 Paint baseboard, oversized. two coats 39.83 LF 0.00 0,69 27.48 R&R Baseboard heat - steam or hot water 18.00 LF 1.23 13,12 258.30 Clean door - with detail (per side) 1.00 EA 0,00 5.20 5.20 Detach & Reset Casing - oversized - 3 1/4" 84.00 LF 0,00 0,00 73.08 Clean door / window opening (per side) 84.00 LF 0,00 0.36 30.24 Clean window unit (per side) 10 - 20 SF 2.00 EA 0.00 7,20 14.40 Clean sill. wood 6.00 LF 0,00 0.35 2.10 Paint door slab only. I coat (per side) 1.00EA 0,00 24.99 24.99 Paint door/window trim & jamb - I coat (per 3.00 EA 0.00 9.83 29.49 side) Paint door or window opening - Large - 1 coat 1.00EA 0.00 11.56 11.56 (per side) Paint window sill. 1 coat 6,00 LF 0,00 0.79 4.74 Carpet pad. High grade 129.47 SF 0.00 0.88 113.94 Cut pile carpet - 36 oz. 168.00 SF 0.00 2.00 336.00 Seam carpet 5.00 LF 0.00 3.04 15.20 Replace wall stud !Taming, insulation, and plaster. Include shoring of ceiling joists above and floor below, Remove Two coat plaster over 1/2" gypsum lath 574.33 SF 0.54 0.00 310,14 R&R Batt insulation - 4" - R 13 574.33 SF 0.17 0.52 396,29 R&R Stud wall- 2" x 4" - 16" oc 574.33 SF 0.11 1.45 895.96 R&R Header. double 2" x 10" 17.00 LF 3.76 6.53 174.93 R&R Sheathing - foil faced foam - 1/2" 574.33 SF 0.14 0.72 493.93 1/2" drywall. hung, taped, floated, ready for 574.33 SF 0.00 1.11 637.51 paint Seal/prime the walls - two coats 574.33 SF 0.00 0.44 252.71 Paint the ceiling - two coats 129.47 SF 0.00 0.47 60.85 R&R Stud wall - 2" x 4" - 12" oc 430.75 SF 0,11 1.43 663.35 The underlayment under the carpet pad was saturated with fuel oil that was in the flood waters. The wood underlayment is holding the fuel oil odor. The underalyment must be replaced, and the subfloor sealed. Ozone treannent must be used. W ALKERBOB 10/22/2004 Page: 9 l. ". , Service First Restoration & RemodelinK. LLC 5 East Allen Street Mechanicsburg, PA 17055 Ph. (717) 697-7016 Fax (717) 697-6282 CONTINUED - Bedroom -,----~~- - -,... .-, -~-_.". . - ~ ,_ ___.:::.,,_=-1;.,::1-':'.' . QNn' REMOVE _@J~E._ . ._:_...!l'.l'!~ ~.J~~~~,-. > i,~ 1-----------5' 9"-------i Room: Stairs J~ 0.00 0.00 0.00 0.00 0.00 0.00 0.00 VeSfibule(1) t .;;':)li".' 7:-:';'li::r:;)"-:-- . QNTY REMO\<'E REPUO:' O'~ '- ......_~..~,-"' '" ~ ,:....~~ Paint the surface area - one coat 176.00 SF 0.00 028 49.28 Paint stair stringer. one side 36,00 LF 0.00 1.69 60.84 I Clean stair stringer - per side 36.00 LF 0.00 0.43 15.48 Clean stair tread - per side 15.00 EA 0.00 0,77 11.55 Mask more than the ceil perimeter per square foot 29.17 LF 0.00 0.12 3,50 ~.T~~Stai3 .,::.,. _ '.. _1~ ~~T~M~~l .,.] W ALKERBOB 10/22/2004 Page: 10 4 ' .... Service First Restoration & Remodelinjt, LLC 5 East Allen Street Mechanicsburg, PA 17055 Ph. (717) 697-7016 Fax (717) 697-6282 ,...<53/,',..... _.-::.(,~,/" . :> -< .: "-,... "-...... Room: Miscellaneous ~f::~~-;~~:~ . QNT\' REl\ID\'E REPLACE ~ Damage in the basement is unable to be determined at this time due to mud/cleanup. The basement will be evaluated at a later date and the costs will become a supplemental part of this estimate, Perform general power wash cleanup at front facade and rear exterior of home -- brick face, steps, walkway, etc, Clean with pressure/chemical spray. Heavy 12.00 HR 0.00 0.29 3.48 PRESSURE WASHER RENTAL 1.50 DA 0.00 125.00 187.50 Dumpster load - Approx. 20 yards, 2 tons of 1.00EA 32329 0.00 debris ELECTRICAL - subcontract quote 1.00EA 0,00 1,500.00 HEAT, VENT & AIR CONDITIONING - 1.00 EA 0.00 2,500.00 subcontract quote Cleaning Technician - per hour 4.00 HR 0.00 22,99 Clean and deodorize building - Hot thermal fog 6,000,00 CF 0.00 0.04 R&R Wood fence 5'. 6' high. treated 18.00 LF 3,05 17.73 I Seal & paint window sill 15.00 LF 0.00 1.19 Finish wood window sill - I coat urethane 15,00 LF 0.00 0,80 Painter - per hour 4,00 HR 0.00 36.35 Electrician. per hour 36,00 HR 0.00 51.76 R&R Electrician material costs 1.00 EA 0.00 766.60 323.29 1,500.00 2,500,00 91.96 240.00 374.04 17.85 12.00 145.40 1,863.36 766.60 ~'J'~~', ..~ -~~-~--~. ~, -~ 1iIi~~~ ~ W ALKERBOB 10/2212004 Page: II . ..' " A Service First Restoration & Remodelin2, LLC 5 East Allen Street Mechanicsburg, P A 17055 Ph, (717) 697-7016 Fax (717) 697-6282 .-.,~~-_.~~~ "'. 'll.."" Carpenter - Finish, Trim/Cabinet I Carpenter - General Framer Carpenter - Mechanic Cleaning Technician Drywalllnstaller/Finisher Electrician Flooring Installer Wood Flooring Installer General Laborer Plasterer Plumber Painter Tile/Cultured Marble Installer Total Ad'ustments for Base Service Char es: 105.96 86.62 113.76 45.98 174.60 103.52 104.86 104.40 24,28 162.16 98.50 72.70 113.28 1,310.62 = .' -. ., ' "I J;;r.llDdTotal ~ "L 3,110.36 SF Walls 755.72 SF Ceiling 3,866.08 SF Walls & Ceiling 778.86 SF Floor 86.54 SY Flooring 329.77 LF Floor Perimeter 0.00 SF Long Wall 0.00 SF Short Wall 366.08 LF Ceil. Perimeter 742.23 Floor Area 900.79 Total Area 3,201.69 Interior Wall Area 1,526.46 Exterior Wall Area 153.33 Exterior Perimeter of Walls 0.00 Surface Area 0.00 Number of Squares 0.00 Total Perimeter Length 0.00 Total Ridge Length 0.00 Total Hip Length 0.00 Area of Face I W ALKERBOB 10/22/2004 Page: 12 ..' .,' ~ Service First Restoration & Remodelinlt. LLC 5 East Allen Street Mechanicsburg, PA 17055 Ph, (717) 697.7016 Fax (717) 697-6282 ..--~.- ~---. - -_..,-- - '" -- ,';r.- ~ ._"' .." ;a~j,J~~.~~' .~ ~:'-~4 Line Item Total Total Adjustments for Base Service Charges Material Sales Tax @ Clean in Materials Subtotal Overhead @ Profit @ Cleanin 6.000% 6.000% 13,391.91 10.46 36,508.55 1,310,62 803,51 0.63 38,623.31 3,862.33 3,862.33 56,81 I RlCHARDSON,JIM W ALKERBOB 10/22/2004 Page: iJ . .- .. .. . February 17, 2004 To: Robert Walker From: Phil Goth RE: Final Accounting 562 Race Street, Harrisburg, P A A. Revised Estimate $42,450.78 Reflects Credits for work performed by the customer (copy of estimate attached) B. Emergency Service Billing $ 6,223.20 C. Harrisburg City Code Work $ 3,139.15 D. Owner Authorized Changes $ 6,807..00 E, Added Work Outside Above 1. Window Sills $320.00 2. Shoe Molding vestibule $195.00 $ 515,00 Total Adjusted Amount $58,135.13 Less payments made to date $45,000.00 Payment Due $13.135.13 please pay immediately thank you for your business I EXHIBIT 7 -.....' p {,O. ;:J \ If\ 8 ~ U\ ,~- r-~ i"::J " If\ .... - -- V J~?J --:t ~ ~ ;-'0 .. , \" --' \) .l;:: ~"... w Q " -::t -g c.i ~;4 J~- --~ .4 ~ ~ ECKERT SEAMANS CHERIN & MELLOTT, LLC Ursula R Siverling, Esq., No. 87690 213 Market Street, Eighth Floor Harrisburg, PA 17101 Telephone: 717-237-6091 Email: usiverlinQ@eckertseamans.com IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SERVICE 1ST RESTORATION AND REMODELING, LLC Five East Allen Street Mechanicsburg, PA 17055 Plaintiff CAUSE NO. 06-1769 CIVIL TERM CIVIL ACTION-LAW v. WILLIAM A. SIL VERLlNG 1021 Country Club Road Camp Hill, PA 17011 And ROBERT WALKER 197 Skyline Drive Mechanicsburg, PA 17050 Doing Business as SIVWAL PROPERTIES P. O. Box 481 Camp Hill, PA 17011 Defendants NOTICE TO PLEAD To: Service 1st Restoration and Remodeling, LLC c/o Michael B. Volk, Esq. Capozzi & Associates, PC 2933 North Front Street Harrisburg, PA 17055 {L0311214.1) You are hereby notified to plead on your behalf to the Answer with New Matter of Defendants William A. Siverling and Robert M. Walker, d/b/a Sivwal Properties, within twenty (20) days after service hereof, or a default judgment may be entered against you. ECKERT ~EAMANS CHERI,N & MELLOTT, LLC , .\ ,i \ I \ i "" / Ursula IVSiv~ng, Esq::No. 87690 213 Market Street, Eighth Floor Harrisburg, PA 17101 717-237-6000 Counsel for William A Siverling and Robert M. Walker, d/b/a Sivwal Properties lL0311214.1} 2 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SERVICE 1 ST RESTORATION AND REMODELING, LLC Five East Allen Street Mechanicsburg, PA 17055 Plaintiff CAUSE NO. 06-1769 CIVIL TERM CIVIL ACTION-LAW v, WILLIAM A. SILVERLlNG 1021 Country Club Road Camp Hill, PA 17011 And ROBERT WALKER 197 Skyline Drive Mechanicsburg, PA 17050 Doing Business as SIVWAL PROPERTIES P. O. Box 481 Camp Hill, PA 17011 Defendants DEFENDANTS' ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT AND NOW, Defendants William A. Siverling, improperly identified as "William A. Silverling" in the Complaint, and Robert M. Walker, d/b/a Sivwal Properties, by and through their attorneys, Eckert Seamans Cherin & Mellott, LLC, submit the following Answer with New Matter to Plaintiff's Complaint, and in support thereof aver as follows. 1, It is admitted, upon information and belief, that Plaintiff is a construction and disaster remediation limited liability company having its principal office at Five East Allen Street, Mechanicsburg, Pennsylvania 17055. lL0311214.1} 3 2. It is admitted that Defendant William A Siverling is an adult individual currently residing at 1021 Country Club Road, Camp Hill, Pennsylvania 17011 and that service of process may be had upon Defendant Siverling at this address. 3. It is admitted that, at the time Plaintiff filed its Complaint, Defendant Robert Walker, an adult individual, resided at 197 Skyline Drive, Mechanicsburg, Pennsylvania 17050, and service of process was effectuated upon Defendant Walker at this address. 4. It is admitted that venue is proper in this Court as all Defendants are domiciled in Cumberland County, Pennsylvania, 5. Denied as stated, Defendants Siverling and Walker (collectively, "Defendants"), doing business as Sivwal Properties, once owned a property located at 562 Race Street, Harrisburg, Pennsylvania 17104 ("Property"). It is denied that Defendants currently own the Property. Defendants deny the remaining allegations contained in paragraph 5. 6, Denied as stated. Defendants' Property sustained flood damage on or about September 19, 2004. The remaining allegations contained in paragraph 6 are denied. 7. Admitted in part, denied in part. It is admitted that Defendants asked Plaintiff to provide an estimate as to the scope and cost of services to repair the flood damage. The remaining allegations in paragraph 7 are denied. 8. The allegations in paragraph 8 are denied. By way of further answer, Exhibit 1 is a written document that speaks for itself, and any characterization thereof by Plaintiff is denied. 9. The allegations in paragraph 9 are denied. It is denied that Plaintiff provided the estimate identified as Exhibit 2 to the Defendants. By way of further answer, Exhibit 2 is \L0311214,1} 4 a written document that speaks for itself, and any characterizations thereof by Plaintiff are denied. 10. The allegations in paragraph 10 are denied. By way of further answer, Defendants did not enter into an agreement with Plaintiff based on the estimate attached as Exhibit 2 because that estimate was never provided to Defendants. 11. Admitted in part, denied in part. To the extent the allegations in paragraph 11 are intended to suggest or imply that Plaintiff provided Exhibit 2 to the Defendants, the allegations are denied. Defendants admit that they received multiple "estimates" from Plaintiff. However, it is denied that any of those estimates constituted "amendments" to any other estimate, specifically Exhibit 2, which was never given to Defendants. 12. Denied. It is denied that Plaintiff, its agents and subcontractors performed all work in a competent and craftsman-like manner. To the contrary, Defendants complained to Plaintiff as to the quality, timeliness and thoroughness of the work performed by Plaintiff, its agents and subcontractors. Moreover, to the extent the allegations of paragraph 12 are intended to suggest or imply that all necessary work to restore Defendants' Property was performed by Plaintiff, such allegations are denied. To the contrary, Defendants engaged certain other parties to complete work related to the flood restoration. By way of further answer, according to a final accounting from Plaintiff dated June 15, 2005, Defendants paid Plaintiff in the amount of $49,000.00. 13. Denied. It is denied that Defendants accepted the work without complaint or protest. Defendants complained to Plaintiff as to the quality, timeliness and thoroughness of the work performed by Plaintiff, its agents and subcontractors. By tL0311214.1} 5 way of further answer, according to a final accounting from Plaintiff dated June 15, 2005, Defendants paid Plaintiff in the amount of $49,000.00. 14. Denied. It is denied that Defendants paid Plaintiff in the amount of $45,000.00. Rather, according to a final accounting from Plaintiff dated June 15, 2005, Defendants paid Plaintiff in the amount of $49,000.00. It is further denied that there is a balance due of $13,135.13. By way of further answer, Exhibit 3 is a written document that speaks for itself, and any characterization thereof by Plaintiff is denied. Moreover, Defendants never received a copy of the document attached as Exhibit 3 to the Complaint prior the initiation of this legal action by Plaintiff. Defendants also note that Exhibit 3 is dated at least seven (7) months prior to the events at issue in Plaintiff's Complaint. 15. Denied. After reasonable investigation, Defendants lack sufficient knowledge or information to form a belief as to the allegations contained in paragraph 15, and, therefore, said allegations are denied. 16. The allegations contained in paragraph 16 are denied. By way of further answer, it is denied that Defendants owe any additional monies to Plaintiff. It is further denied that Plaintiff has been damaged in any way by Defendants. COUNT 1-BREACH OF CONTRACT 17. Defendants incorporate by reference their answers to paragraphs 1 through 16 as though more fully set forth herein. 18. The allegations contained in paragraph 18 are denied. By way of further answer, it is denied that Defendants agreed to pay for the provision of work based upon the estimates attached as Exhibits to the Complaint. (L0311214.1) 6 19. It is denied that Defendants have not made payments for the flood remediation services provided by Plaintiff. In fact, according to a final accounting from Plaintiff dated June 15, 2005, Defendants have paid $49,000.00 to Plaintiff for flood remediation services provided. The remaining allegations contained in paragraph 19 are denied. 20. Denied as stated. In a final accounting from Plaintiff dated June 15, 2005, Plaintiff states that it received compensation in the amount of $49,000.00 from Defendants. 21. It is denied that Defendants owe any additional monies to Plaintiff for services and materials rendered. The remaining allegations contained in paragraph 21 are denied. 22. The allegations contained in paragraph 22 are denied. By way of further answer, according to a final accounting from Plaintiff dated June 15, 2005, Defendants paid Plaintiff in the amount of $49,000.00. It is denied that Defendants owe Plaintiff any additional monies. 23. The allegations contained in paragraph 23 are denied. By way of further answer, according to a final accounting from Plaintiff dated June 15, 2005, Defendants paid Plaintiff in the amount of $49,000.00. It is denied that Defendants owe Plaintiff any additional monies. WHEREFORE, Defendants respectfully request that this Court enter judgment in their favor and against Plaintiff, together with costs and other such relief as this Court deems appropriate. IL0311214.1} 7 COUNT 2-BREACH OF IMPLIED CONTRACT 24. Defendants incorporate by reference their answers to paragraphs 1 through 23 as though more fully set forth herein. 25. The allegations contained in paragraph 25 are conclusions of law to which no responsive pleading is required. To the extent that paragraph 25 states an allegation of fact, it is denied. 26. The allegations contained in paragraph 26 are denied. It is denied that Defendants agreed to pay Plaintiff in exchange for flood damage remediation and other work based upon the estimate that is attached as Exhibit 2 to the Complaint, as Plaintiff never provided that estimate to Defendants. 27. The allegations contained in paragraph 27 are denied. It is denied that Plaintiff provided the services set forth in the estimate that is attached as Exhibit 2 to the Complaint. Moreover, Plaintiff never provided that estimate to Defendants. 28. The allegations contained in paragraph 28 are conclusions of law to which no responsive pleading is required. To the extent that paragraph 28 states an allegation of fact, it is denied. 29. The allegations of paragraph 29 are conclusions of law to which no responsive pleading is required. To the extent that paragraph 29 states an allegation of fact, it is denied. 30. It is denied that an implied-in-fact and implied-in-Iaw contract exists and that Plaintiff is entitled to payment. By way of further answer, according to a final accounting from Plaintiff dated June 15, 2005, Defendants paid Plaintiff in the amount of IL03112141 } 8 $49,000.00, and Defendants dispute that Plaintiff is owed any additional monies. The remaining allegations contained in paragraph 30 are denied. 31. It is denied that Plaintiff has been damaged in any way by Defendants. By way of further answer, Defendants incorporate their answer to paragraph 30, above. The remaining allegations contained in paragraph 31 are denied. WHEREFORE, Defendants respectfully request that this Court enter judgment in their favor and against Plaintiff, together with costs and other such relief as this Court deems appropriate. COUNT 3-QUANTUM MERUIT 32. Defendants incorporate by reference their answers to paragraphs 1 through 31 as though more fully set forth herein. 33. The allegations contained in paragraph 33 are conclusions of law to which no responsive pleading is required. To the extent that paragraph 33 states an allegation of fact, it is denied. 34. The allegations contained in paragraph 34 are denied. By way of further answer, according to a final accounting from Plaintiff dated June 15, 2005, Defendants paid Plaintiff in the amount of $49,000.00. 35. The allegations contained in paragraph 35 are denied. By way of further answer, according to a final accounting from Plaintiff dated June 15, 2005, Defendants paid Plaintiff in the amount of $49,000.00. 36. The allegations contained in paragraph 36 are denied. By way of further answer, according to a final accounting from Plaintiff dated June 15, 2005, Defendants paid Plaintiff in the amount of $49,000.00. lL0311214.} } 9 37. The allegations contained in paragraph 37 are conclusions of law to which no responsive pleading is required. To the extent that paragraph 37 states an allegation of fact, it is denied. By way of further answer, according to a final accounting from Plaintiff dated June 15, 2005, Defendants paid Plaintiff in the amount of $49,000.00. 38. The allegations contained in paragraph 38 are conclusions of law to which no responsive pleading is required. To the extent that paragraph 38 states an allegation of fact, it is denied. By way of further answer, according to a final accounting from Plaintiff dated June 15, 2005, Defendants paid Plaintiff in the amount of $49,000.00. 39. The allegations contained in paragraph 39 are conclusions of law to which no responsive pleading is required. To the extent that paragraph 39 states an allegation of fact, it is denied. 40. The allegations contained in paragraph 40 are denied. By way of further answer, according to a final accounting from Plaintiff dated June 15, 2005, Defendants paid Plaintiff in the amount of $49,000.00. WHEREFORE, Defendants respectfully request that this Court enter judgment in their favor and against Plaintiff, together with costs and other such relief as this Court deems appropriate. NEW MATTER 41. Defendants incorporate by reference their answers to paragraphs 1 through 40 as though more fully set forth herein. 42. Plaintiff's claims are barred in whole or in part by the applicable statute of limitations. iL031121411 10 43. Plaintiff's cause of action is barred in whole or in part by the doctrine of accord and satisfaction. 44. Plaintiff's cause of action is barred in whole or in part by the doctrine of release. 45. Plaintiff's cause of action is barred in whole or in part by the doctrine of waiver and/or estoppel. 46. Plaintiff's cause of action is barred in whole or in part by the statute of frauds. 47. Plaintiff's cause of action is barred in whole or in part by the parol evidence rule. 48. Plaintiff's cause of action is barred in whole or in part by the doctrine of unclean hands. 49. Plaintiff's cause of action is barred in whole or in part by the doctrine of laches. 50. Plaintiff did not provide the document attached to the Complaint as Exhibit 2 to Defendants at any time prior to its initiation of this litigation. 51. Plaintiff did not provide the document attached to the Complaint as Exhibit 3 to Defendants at any time prior to its initiation of this litigation. 52. Despite repeated requests from Defendants, Plaintiff has been unable or unwilling to provide Defendants with an accurate and detailed accounting of the work it performed at Defendants' Property. 53. Plaintiff did not complete all work needed to restore Defendants' Property from flood damage. IL0311214.1) 11 WHEREFORE, Defendants respectfully request that this Court enter judgment in their favor and against Plaintiff, together with costs and other such relief as this Court deems appropriate. Respectfully submitted, ECKEf1T SEAMANS CHERIN & MELLOTT, LLy /" .,,/ " ./ Urs R. Siverlin sq., No. 87690 213 Market Street, Eighth Floor Harrisburg, PA 17101 717 -237 -6000 Date: Lit n I G\o Counsel for Defendants William A. Siverling and Robert M. Walker, d/b/a Sivwal Properties lL0311214.1} 12 VERIFICATION I, Robert M. Walker, Esquire, hereby verify that all of the averments of fact contained in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 94904, relating to unsworn falsification to authorities. D,to 8/R;/ /1-, 2CrJ(p RO~~ {L0310683.1} CERTIFICATE OF SERVICE I certify that on this day I served a copy of the foregoing document via first-class U. S. mail, postage prepaid, which service satisfies the Pennsylvania Rules of Civil Procedure, addressed to: Date: L III ') 10 Iv Michael B. Volk, Esq. Capozzi & Associates, PC 2933 North Front Street HacM,'"'" \j 110 // Ursula . Siverl g, Esq., No. 87690 Counsel for Defendants William A. Siverling and Robert M. Walker, d/b/a Sivwal Properties (L0311214.I} I .n .C-=-'\.~1~'. -- (, . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SERVICE 1ST RESTORATION AND REMODELING, LLC 5 East Allen Street Mechanicsburg, P A 17055 Plaintiff v. WILLIAM A. SIVERLING, 1021 Country Club Road Camp Hill, PA 17011 and ROBERT WALKER, 197 Skyline Drive Mechanicsburg, P A 17050 Doing Business as SIVWAL PROPERTIES P.O. Box 481 Camp Hill, PA 17011 Defendants. S CAUSE NO.: 06-1769 CIVIL TERM S S CIVIL ACTION - LAW S S S S S S S S S S S S S S S S S S S S S PLAINTIFF'S RESPONSE TO DEFENDANTS' NEW MATTER NOW COMES Service First Restoration and Remodeling, LLC (Hereafter, "Plaintiff'), by its Attorney of Record, Michael B. Volk of Capozzi & Associates, P.C. and respectfully shows the Court the following: 41. The incorporated averments of Paragraphs I through 41 are denied for the reasons stated herein. 42. The averments contained in Paragraph 42 are conclusions oflaw, to which no response is required. To the extent that an answer is deemed appropriate, such is specifically denied. Strict proof is demanded at trial, if relevant. 43. The averments contained in Paragraph 43 are conclusions oflaw, to which no response is required. To the extent that an answer is deemed appropriate, such is specifically denied. Strict proof is demanded at trial, if relevant. 44. The averments contained in Paragraph 44 are conclusions oflaw, to which no response is required. To the extent that an answer is deemed appropriate, such is specifically denied. Strict proof is demanded at trial, if relevant. 45. The averments contained in Paragraph 45 are conclusions oflaw, to which no response is required. To the extent that an answer is deemed appropriate, such is specifically denied. Strict proof is demanded at trial, if relevant. 46. The averments contained in Paragraph 46 are conclusions oflaw, to which no response is required. To the extent that an answer is deemed appropriate, such is specifically denied. Strict proof is demanded at trial, if relevant. 47. The averments contained in Paragraph 47 are conclusions oflaw, to which no response is required. To the extent that an answer is deemed appropriate, such is specifically denied. Strict proof is demanded at trial, if relevant. 48. The averments contained in Paragraph 48 are conclusions oflaw, to which no response is required. To the extent that an answer is deemed appropriate, such is specifically denied. Strict proof is demanded at trial, if relevant. 49. The averments contained in Paragraph 49 are conclusions oflaw, to which no response is required. To the extent that an answer is deemed appropriate, such is specifically denied. Strict proof is demanded at trial, if relevant. 50. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the remainder of the averments contained in paragraph 50. To the extent that an answer is deemed appropriate, such is specifically denied. 51. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the remainder of the averments contained in paragraph 51. To the extent that an answer is deemed appropriate, such is specifically denied. 52. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth ofthe remainder of the averments contained in paragraph 52. To the extent that an answer is deemed appropriate, such is specifically denied. 53. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the remainder ofthe averments contained in paragraph 53. To the extent that an answer is deemed appropriate, such is specifically denied. 54. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the remainder ofthe averments contained in paragraph 54. To the extent that an answer is deemed appropriate, such is Date: ~~}Wa6 ! ~l Michael B. Volk, Esq. Attorney ID # 88553 Capozzi & Associates, P.C. 2933 North Front Street Harrisburg, P A 17110-1250 (717) 233-4101 Attorney for Service First Restoration and Remodeling, LLC specifically denied. Respectfully submitted, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SERVICE 1ST RESTORATION AND REMODELING, LLC 5 East Allen Street Mechanicsburg, P A 17055 Plaintiff v. WILLIAM A. SIVERLING, 1021 Country Club Road Camp Hill, PA 17011 and ROBERT WALKER, 197 Skyline Drive Mechanicsburg, P A 17050 Doing Business as SIVWAL PROPERTIES P.O. Box 481 Camp Hill, P A 17011 Defendants. 9 CAUSE NO.: 06-1769 CIVIL TERM 9 9 CIVIL ACTION - LAW 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 CERTIFICATE OF SERVICE I, Michael B. V olk, hereby certify that I am serving this6lt:=- day of May, 2006, a copy of Plaintiff s Answer to Defendants' New Matter upon the persons and in the manner indicated: VIA FACSIMILE: VIA FIRST CLASS MAIL: Eckert, Seamans, Cherin & Mellott, LLC A TIN: Ursula A. Siverling, Esq. 213 Market Street 8th Floor Harrisburg, PA 17101 Attorney ID # 88553 Capozzi & Associates, P.c. 2933 North Front Street Harrisburg, PA 17110-1250 (717) 233-4101 Attorney for Plaintiff (") ...., ~ = c:: = s: "'" ""OCf1 :z ~~ n'lrrt ;l> Z:-D -< :z C~ I (f) Y:' :[J6 -<' . co () , r:' :~~..,...; ~,-" ~ cj:n z'. ::x: s.~ );~: - ~ .. ~ # 0 . ' ~ SHERIFF'S RETURN - REGULAR CASE NO: 2006-01769 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SERVICE 1ST RESTORATION AND R VS SILVERLING WILLILAM A ET AL DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SILVERLING WILLIAM A the DEFENDANT , at 1958:00 HOURS, on the 28th day of March , 2006 at 1021 COUNTRY CLUB ROAD CAMP HILL, PA 17011 by handing to WILLIAM SILVERING a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Postage Surcharge So Answers: i~:~g r~~ .39 10.00 R. Thomas Kline .00 40.71(\~3/29/2006 v'\' CAPOZZI & ASSOC Sworn and Subscribed to before By: JlJ ~~. J Deputy S eriff~ me this 111t:.. day of l\A..i d- <Y\) l, A.D. Prothonotary ,. .. SHERIFF'S RETURN - REGULAR CASE NO: 2006-01769 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SERVICE 1ST RESTORATION AND R VS SILVERLING WILLILAM A ET AL DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon WALKER ROBERT the DEFENDANT , at 2052:00 HOURS, on the 28th day of March , 2006 at 197 SKYLINE DRIVE MECHANCISBURG, PA 17050 by handing to PAULA WALKER, WIFE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 7 04 .."..,/-# :00 T"~...d<' ~ 10.00 R. Thomas Kline .OO~ 23.04 03/29/2006 CAPOZZI & ASSOC Sworn and Subscribed to before me this /"1-1::. day of l\A-..., .1 b1l ~ A . D . , By: /)Jf t1rl - f} , Deputy Sher f~ Prothonotary .-- " . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SERVICE 1ST RESTORATION AND REMODELING, LLC 5 East Allen Street Mechanicsburg, P A 17055 Plaintiff v. WILLIAM A. SIVERLING, 1021 Country Club Road Camp Hill, PA 17011 and ROBERT WALKER, 197 Skyline Drive Mechanicsburg, P A 17050 Doing Business as SIVWAL PROPERTIES P.O. Box 481 Camp Hill, P A 17011 Defendants. S CAUSE NUMBER: 06-1769 S S CIVIL ACTION - LAW S S S S S S S S S S S S S S S S S S S S S PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: I" Please mark the above styled and numbered matter sati7tfied settled, ended and discontinued. ~ '/ ~ _ , <l-hd/ /2 (,. Date: z.,3 {H./G' 0 ;--.;; Michael B. V olk, Esq. Attorney LD. # 88553 2933 North Front Street Harrisburg, PA 17110 (717) 233-4101 Attorney for Plaintiff t ~ ,-. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SERVICE 1ST RESTORATION AND REMODELING, LLC 5 East Allen Street Mechanicsburg, PA 17055 Plaintiff v. WILLIAM A. SIVERLING, 1021 Country Club Road Camp Hill, PA 17011 and ROBERT WALKER, 197 Skyline Drive Mechanicsburg, PA 17050 Doing Business as SIVW AL PROPERTIES P.O. Box 481 Camp Hill, P A 17011 Defendants. S CAUSE NUMBER: 06-1769 S S CIVIL ACTION - LA W S S S S S S S S S S S S S S S S S S S S S CERTIFICATE OF SERVICE I hereby certify that I am this day serving Plaintiffs' Praecipe for Discontinuance on the person(s) and in the manner indicated below, which service satisfies the requirements of Pa. R.C.P. 440 and addressed as follows: VIA FACSIMILE: (717) 237-6109 VIA FIRST CLASS MAIL: Eckert, Seamans, Cherin & Mellott, LLC ATTN: UrsulaA. Siverling, Esq. ~ / ..t... 213 Market Street / , ----- 8th Floor ~ Harrisburg, P A 17101 Michael B. Volk, Esq. . 1 Attorney I.D. #88553 Date: ~ 3 CYL T t~ tJtJ6 2933 North Front Street Harrisburg, PA 17110 Phone 717-233-4101 Attorney for Plaintiff o <.;;. 4. '"t:)(;.-' \~; ~-~ ::c: (;":~ ;-;~ _.'- ~ ~ o C). -' r; .'- .' .~~:: --/' :2 o -n ~ .-\ -. -:r: \. f\"\C:, -n'...l..... :~2 '--( "~~~S~\ ,..OJ ~-'~-::. ',"/U '?~\'\ ''::;:'' -0 -~ ~ - ---- ~ .. (.,.) o