HomeMy WebLinkAbout00-03442
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Dean F. Piennattei, Esquire
Attorney I.D. No. 53847
Susan E. Schwab, Esquire
Attorney I.D. No. 66722
RHOADS & SINON LLP
One South Market Square, 12th Floor
P.O. Box 1146
Harrisburg, P A 17108-1146
(717) 233-5731
Attorneys for Plaintiff
MCCOY BROTHERS, INC.
Plaintiff
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
CIVIL ACTION - LAW
NO. d.JfV~ :?'-IJ.I~
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CUP OF JOE, INC.,
Defendant
JURY TRIAL DEMANDED
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim 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-reliefrequested by the Plaintiff. You may lose money or property or other
rights important to you.
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YOU SHOULD TAKE TillS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR YOU CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
LAWYER REFERRAL SERVICE
C.!l_l :..h..:..tiQwator
Cumberland County Ce _[I -
Carlisle, P A 17013
(717) 249 G198
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A VISO
US TED HA SIDE DEMANDADO/A EN CORTE. Si usted desea defenderse de las
demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los
proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando
personalmente 0 por medio de un abogado una comparecencia escrita y radicando en la Corte por
escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se Ie
advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede
proceder sin usted y un fallo por cualquier suma de dinero rec1amada en la demanda 0 cualquier otra
rec1amacion 0 remedio solicitado por el demandante puede ser dictado en contra suya por la Corte
sin mas aviso adicional. Usted puede perder dinero 0 propiedad u otros derechos importantes para
usted.
USTED DEBE LLEV AR ESTE DOCUMENTO A SU ABOGADO
INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO 0 NO PUEDE PAGARLE A
UNO, LLAME 0 VA Y A A LA SIGUIENTE OFICINA PARA A VERIGUAR DONDE PUEDE
ENCONTRAR ASISTENCIA LEGAL.
LAWYER REFERRAL SERVICE
Court Administrator
Cumberland County Courthouse
Carlisle, PA 17013
(717) 240-6200
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Dean F. Piermattei, Esquire
Attorney 1.D. No. 53847
Susan E. Schwab, Esquire
Attorney 1.D. No. 66722
RHOADS & SINON LLP
One South Market Square, 12th Floor
P.O. Box 1146
Harrisburg, PA 17108-1146
(717) 233-5731
Attorneys for Plaintiff
MCCOY BROTHERS, INC.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
CIVIL ACTION - LAW
NO.
CUP OF JOE, INC.
Defendant
JURY TRIAL DEMANDED
COMPLAINT
NOW COMES, Plaintiff, McCoy Brothers, Inc. ("McCoy Brothers"), by and through its
attorneys, Rhoads & Sinon LLP, and files the within Complaint as follows:
1. McCoy Brothers is a Pennsylvania Corporation with a principal place of business
located at 1514 Commerce Ave., Carlisle, Cumberland County Pennsylvania.
2. Defendant Cup of Joe, Inc. ("Cup of Joe") is a Pennsylvania Corporation with a
principal place of business at 149 North Hanover Street, Carlisle, Cumberland County,
Pennsylvania 17013.
3. On or about May 1, 1998, Cup of Joe, through its CEO, Jerry H. Bogar, II,
entered into a Contract with McCoy Brothers (the "Contract") for renovations to the dining and
kitchen areas and the front of the building of the restaurant property know as the Empire Global
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Cuisine Restaurant located at 149 North Hanover Street, Carlisle, Pennsylvania ("Property"). A
true and correct copy ofthe Contract is attached as Exhibit "A."
4. The total amount due under the Contract, including change orders and extras, was
$214,166, which was fair, reasonable and the amount that Cup of Joe agreed to pay McCoy
Brothers.
5. McCoy Brothers performed and provided all services in a workmanlike manner,
as required by the Contract.
6. All services performed and provided by McCoy Brothers were proper and were
accepted by Cup of Joe.
7. Cup of Joe represented and promised McCoy Brothers that it would pay the entire
balance due under the Contract upon completion of the work required under the Contract.
8. McCoy Brothers last worked at the Property on April 6, 2000 in reliance on Cup
of Joe's representations that it would pay the entire amount owed to McCoy Brothers under the
Contract.
9. Cup of Joe has paid McCoy Brothers $193,995 towards the debt due under the
Contract, leaving a balance due to McCoy Brothers of $20, 171.
10. The total amount due and owing to McCoy Brothers for the work performed
under the Contract is $20,171.
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11.
McCoy Brothers has submitted invoices to Cup of Joe for work completed and
has repeatedly requested payment of the Contract balance.
12. Despite McCoy Brothers' proper completion of the work Contracted for and
repeated demands for payment, McCoy Brothers has failed to receive full payment for the work
performed under the Contract.
WHEREFORE, Plaintiff McCoy Brothers, Inc. demands judgment in its favor and
against Defendant Cup of Joe, Inc. in the amount of $20,171, which does not exceed the
compulsory arbitration amount, plus costs, interest thereon, and attorneys' fees, and any other
relief deemed proper by this Court.
COUNT I
(Breach of Contract)
13. All ofthe preceding paragraphs are incorporated herein by reference.
14. Cup of Joe's failure under the Contract to pay McCoy Brothers the total amount
due and owing for work performed at the Property, constitutes a material breach of the Contract
with McCoy Brothers, resulting in damage to McCoy Brothers in the amount of $20, 171.
WHEREFORE, Plaintiff McCoy Brothers, Inc. demands judgment in its favor and
against Defendant Cup of Joe, Inc. in the amount of $20,171, which does not exceed the
compulsory arbitration amount, plus costs, interest thereon, attorneys' fees, and any other relief
deemed proper by this Court.
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COUNT II
(Contractor and Subcontractor's Pavment Act. 73 P.S. & 501 et seQ.)
15. All of the preceding paragraphs are incorporated herein by reference.
16. Cup of Joe's failure to pay McCoy Brothers for the work performed under the
Contract at the Property constitutes a violation of the Contractor and Subcontractor Payment Act,
73 P.S. 9501 et seQ. (the "Act").
17. Pursuant to Section 506 of the Act, Cup of Joe did not notify McCoy Brothers
within seven (7) calendar days of the date of receipt of the final invoice from McCoy Brothers
that it was withholding payment for a deficiency item.
18. Pursuant to Section 508 of the Act, Cup of Joe did not notify McCoy Brothers in
writing within ten (10) working days of receipt of McCoy Brothers' invoices that the invoices
were filled out incorrectly or incompletely, or that there was any other defect or impropriety in
the invoice.
19. Pursuant to Section 505(d) of the Act, Cup of Joe shall pay McCoy Brothers
interest at the rate of 1 % per month, on the balance wrongfully withheld from McCoy Brothers
for its work performed under the Contract at the Property.
20. Pursuant to Section 5l2(a) of the Act, Cup of Joe shall pay a penalty equal to 1%
per month on the balance wrongfully withheld from McCoy Brothers for its work performed
under the Contract at the Property.
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21. Pursuant to Section 512(b) of the Act, Cup of Joe shall pay McCoy Brothers'
attorneys' fees.
WHEREFORE, Plaintiff McCoy Brothers, Inc. demands judgment in its favor and
against Defendant Cup of Joe, Inc. in the amount of $20,171, which does not exceed the
compulsory arbitration amount, plus statutory interest at the rate of one percent (1 %) per month
and attorneys' fees, together with Court costs and expenses. Plaintiff, McCoy Brothers, Inc.
further demands the imposition of the statutory penalty equal to one percent (1%) per month of
the outstanding balance owed to McCoy Brothers for Cup of Joe's wrongful withholding of the
balance due under the Contract.
COUNT III
(Uniust Enrichment)
22. All of the preceding paragraphs are incorporated herein by reference.
23. The reasonable value of unpaid servIces rendered under the Contract at the
Property by McCoy Brothers to Cup of Joe, and for which Cup of Joe has not made payment,
equals $20,171.
24. Cup of Joe has used and benefited from the renovation and remodeling services
provided by McCoy Brothers and has wrongfully refused to pay McCoy Brothers for the use and
benefit of said services.
25. Cup of Joe has been unjustly enriched in the amount of $20,171 at the expense of
McCoy Brothers.
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26. Injustice will result if recovery is denied.
WHEREFORE, Plaintiff McCoy Brothers, Inc. demands judgment in its favor and
against Defendant Cup of Joe, Inc. in the amount of $20,171, which does not exceed the
compulsory arbitration amount, plus costs, interest thereon, attorneys' fees, and any other relief
this Court deems just and proper.
COUNT IV
(Promissorv EstoDDeD
27. All of the preceding paragraphs are incorporated herein by reference.
28. Cup of Joe promised to pay McCoy Brothers the reasonable value of McCoy
Brothers' services upon McCoy Brothers' delivery to Cup of Joe of McCoy Brothers' invoices
and/or statement of account for services.
29. McCoy Brothers has substantially performed all of its obligations owed to Cup of
Joe and has delivered to Cup of Joe a demand letter requesting payment for services rendered.
30. It was reasonable for Cup of Joe to expect that its promise to pay for remodeling
services in full when rendered would induce McCoy Brothers to perform such services.
31. McCoy Brothers reasonably relied upon Cup of Joe's promises to pay for McCoy
Brothers' services rendered, and McCoy Brothers fully performed.
32. Cup of Joe has benefited at McCoy Brothers' expense by failing to pay the
balance due of$20,171 to McCoy Brothers for services rendered.
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33. Injustice will result if Cup of Joe's promise to pay McCoy Brothers is not
enforced.
WHEREFORE, Plaintiff McCoy Brothers, Inc. demands judgment in its favor and
against Defendant Cup ofJoe in the amount of$20,17l, which does not exceed the compulsory
arbitration amount, plus costs, interest thereon, attorneys' fees, and any other relief this Court
deems just and proper.
COUNT V
(Accounts Stated)
34. All of the preceding paragraphs are incorporated herein by reference.
35. McCoy Brothers on a regular basis, sent Cup of Joe invoices detailing the amount
of the debt owed by Cup of Joe to McCoy Brothers. A true and correct copy of McCoy
Brothers' Statement of Account sent to Cup of Joe is attached hereto as Exhibit "B."
36. Cup of Joe has never disputed that the amounts claimed as due were properly
owed to McCoy Brothers.
37. McCoy Brothers has made repeated requests for payment of the balance of
$20,171 but Cup of Joe has failed and refused to pay the amount due.
WHEREFORE, Plaintiff McCoy Brothers, Inc. demands judgment in its favor and
against Defendant Cup of Joe in the amount of $20,171, which does not exceed the compulsory
arbitration amount, plus costs, interest thereon, attorneys' fees, and any other relief this Court
deems just and proper.
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COUNT VI
(Alternative Count VI - Misrepresentation)
38. All ofthe preceding paragraphs are incorporated herein by reference.
39. McCoy Brothers justifiably relied on Cup of Joe's representations and promises
and completed all work requITed under the Contract in a workmanlike manner.
40. At the time Cup of Joe made its misrepresentations to McCoy Brothers, as stated
above, Cup of Joe knew or reasonably should have known that it was not acting in a manner
consistent with its representations.
41. As a direct and proximate result of Cup of Joe's misrepresentations and McCoy
Brothers' reasonable reliance thereon, McCoy Brothers suffered damages as detailed above.
WHEREFORE, Plaintiff McCoy Brothers, Inc. demands judgment in its favor and
against Defendant Cup of Joe in the amount of $20,171, which does not exceed the compulsory
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arbitration amount, plus costs, interest thereon, attorneys' fees, and any other relief this Court
deems just and proper.
Respectfully Submitted,
RHOADS & SINON LLP
By:
a4CM7 .p cld-//~
Susan E. Schwab
Dean F. Piermattei
One South Market Square
P. O. Box 1146
Harrisburg, P A 17108-1146
(717) 233-5731
Attorneys for Plaintiff
Date: June 5, 2000
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06 02 2000 13:02 FAX 717 231 6600
RHOADS & SINON
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VERIFICATION
Robert C. Ganoe, deposes and says, subject to the penalties of 18 Pa. C.S. ~ 4904 relating
to unsworn falsification to authorities, that he is the Secretary of McCoy Brothers, Inc., that he
makes this verification by its authority and that the facts set forth in the foregoing Complaint are
true and corrcct to the best of his knowledge, information and belief
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Robert C. Ganoe
Date: 3~", e... 2.. Z-ooc
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AlA Document AIOI
Standard Form of Agreement Between
Owner and Contractor
wberc tbc basis oj paymeJtt is a
STIPULATED SUM
1987 EDITION
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH
AN A TrORNJJY IS ENCOURAGED WITH RESfJECr TO ITS COMPLETION OR MODIFICATION.
77Jc 1',''f7 HtJiUt}ll ol,IIA DtJCUIIIUlll AJOI, G'um!ru! CtmdiUtm." of tlh: OmlrUC! fur CCJIISlnlc!itlll. ;.< "dtl/llcd
ill Ibi.f documclll b)' rclc1"tmcr:. DCJ lIul use luilb CJlbar gCllcrlll CCJlleJiliCJlls 11II/r:.tS Ibis documC/lt is modllicd.
This Ilocun,cm h;., been 'l'l'rovcll .nll enllollictl by "'0 l\OSoc:i:llctl Ccm:r.l! Conlr-"ClOr:\ or Amc:nCl.
AGREEMENT
made :lS of the first
Nineteen Hundred:md ninety-eiqht.
day of
May
in the Yc:lr of
BETWEEN the Owner:
CUp of Joe .
109 North Hanover Street
carlisle, PA 17013
(N"i",.. ",111 udt/I"L."tt)
and the Contmctor:
McCoy Brothers, lnc.
217 pine !load
Mt. Holly Springs PA 17065
(."",mae tlUd DcJtl~)
The Project is:
(Nt/IIle tllld Itg/tulI/)
EDpire Global CUisine
149 North Hanover Street
carlisle FA 17013
The Architect is:
(N"",e Ulul ttthln::c.c)
Harle 1\rchitec::ts, IIlc.
4S Fores1; Drive
Mechanicsburq FA 17055-4506
The Owner :md Contr.lelOr :Igrcc :IS set forth below.
CllpyriJlhI1915.19IH.19%5.19_17.1!151.195l1.19GI.1963.1967.197~.I9". C>19lI7byThe^mcriCOn~h~\e..?~=
'ceII. 1735 New York 1._ "'_W" woshlallW". D.C. ZOOQ6; IlqUocIuclIan aC the_e,'" h~n or au._nl_ ..---
lIr hs pmy!sic",. wllhaDI ...,llIcrI pcrmlsalun DC lhe AlA ..iob"s lhe copyriJ;hl bws Dr Ihe UnllC<l SOIl"" and ",01 be aubjccllO
1'1\21 pmseallion.
AlA DQCUMEll1' 1.101 . (lIJI'NIllI'COIrTRACI'OR AGIUlllMI!Nl" T'<>>'W'TII EDmOll . AlA" . ClI')H7
TIlE AMIlIUCflN ImTmlTE Of ARClIITECI1I. I7JS NEW YORK AYeNUE.Il.W. WA.~IIINGTOII. D.C. %lJIlIllI
A101.1987 1
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AI'lTICLE 1
THE CONTRACT DOCUMENTS
111C C(m(pc~ I)(JCunlcnt.\ CUl1...i.\1 ur thi.\ A~n.,,(;Jl1{,:nt. Contlitjuns or thc Cont::act (Gener-oIl. .sul"pICn1cnt:lry :mu mhcr ConcJitiol1.'i).
Dr:lwin);.'i. Spccificuinn... AtlcJc:ncJ:l i.\sucu prior 10 executiun of this Agrcc:mcnt, other uocuments li.'itc:t1 in thi::i Agreement ~nd
MmJificlIiun" i....'"ccl "flcr cxcculion of thi., I\gn:cmenl; thClC form thc Contr:lCl, :Il'lU .n:.. fully '1':'" of thc CUnt.-JCI .., if'll.1chcd
tn t1n... Agrcr..-mcnl or rr.."c:nc:tl herein. Thc Cnntr':lct n."rcsc:nL'li Ihe entire: :Inti intqtt"oItetl :IgrcOl1t:nl he:twccn the: p:znicz herein :mtl
~upc~elh.~ priur nc~uli:uiull.", rt:f'Jrc:it:llt:lliun.'i nr :a);n..~-m~,,"L'i. dthcr wriu~", ur uZ"'.d. An cnumcZ"'.I1ion or the CuntZ"'oIct DUClII11CIlL\.
mller th:an Mnllilir....uinns. :1f1[')t::l~ in Articlc 9.
ARTICLE 2
THE WORK OF THIS CONTRACT
The Cnntr:lctnr sh:1I1 L-:<CL"UlC the entire Work tlc:scn"bc:cJ in the: Cont::act Docunlc:nLs. C:XCf.."l to the cxtc:nt sl"f..~ific:1lly intliclte:d in
\hc CunlrolC\ OocumCl'I.' \0 bc thc rcsponsibilit)' of uthcr:;, or.. folio",,,:
The Contractor shall perfO:cn all \o'Ork indicated in the Cons"'..ruC"....ion DocurTents
for the renovation to the Ee's Cafe located at 149 Nor-..h Hanover Street
Carlisle, Pe.'lIlSylvania. '
ARTICLE 3
DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
3,1 'rhc "alc nf .'1Il1ll1Cnccmcnl i., Ihc t1:uc fRlm which thc Conlr:lcl Timc uf 1""'8"'1'11 3.! i., nn::.,un:u, .nd sh.111 bc thc cl:uc: or
lht" Agn:.cmcnl, :2.-t Orst wriut:n :sbu\"C. unlCi.'i:a dirrcn:nt cl:1u: is S'l:llC1J bdow or provisiun t.. m:nJc for the tbu: 10 be fixed in:l nOlicc
to f"Jrncccu is..'illetJ 11)' the: Owner.
(I"~l'rlll.... f/",~ "/ ':"''''''",",nI('III. if., ,Iiorn J""1I11Jco ""'e- 'oJ Ibis A~I fir. If ""ll/it.'IIIIIf'. "''''t! Ill,,, lbr .Itllf! ltfilll/l(!' II.Xf'II in n mlliCr II, /W'rtrftlJ
Ccmnence construction upon execution of this Agreement.
lJnlc.'IS Ihc d:tIC llf Cllmmencemcnt i., CSl:lhli.,hcd by . nmice IU pro=d issued by thc Owncr, thc ConlrJClUr sh:111 notify thc
. Owncr in wrillnll nm I....' th:1n five cL,)" beforc C<lmnlcocing thc Work 10 pc:rmillhc timcll' filing of mong:q,ocs, mc:ch:miC's liCli.'
and uthcr sccurit). illlC:~L...
3.2 Thc Cont"'Clllr sh,,1I .chiC\'C SuhslOnti:d Complction of thc entin: Work nOI I"tet th:1n
(/lU<<t 1l"','nlrfHhlr""lr..,.'''m''I('r''f~",t'HtIHr''''''''lf/Irl'lbrthl'''nfcr''''''''''ll:l'mI!IIt. A/lf/;nsnt "IIY rt!ttuil'f'Hlelll$/'II'.,rlit:r ."''''',.",iuI CNH/fIdhlll .,",,",
,,,ill ,."";'II"'i IW r",1:. /fm" .,,,,", ~;" IUr O""m&lIJca'U""",'s.)
Ninety calendar days.
. suhj.'Cl III .ujUSlm."llIllf thl:< C"ntl:":l '"unc .., provitled in thc Contl.Cl Doctun."L'I.
(/I,.." /,nIrisH"",. If "ltr. j,,,./i,,,,id#IftI dnnuq:rs """,1I11R 1"/"0,,,,. In Cf""llIdr "" limt:.)
AJA DOCUMENT A101 . O"NF.R-CONT1lACTC'JR AGU8MENT. T"IIItl.mI EDmON. AlA- . ~19117
111P. AMI'JUC\N INSTJTUTU OF ARClUnc:n;. 17.'S NEW YORK AYHNCE. N..... WASHINCTON. D.C. 2nun(.
A101-1987 2
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AIlTICLE 4
CONTRACT SUM
4.1 The .ownc; .11.11 p.)' Ihe Com::lelor in curl'Cl1t fonds for Ihe COnt!:lelOr's pcrfomunee of the Co1lt!:let the Com:,.e: Sum of
Two-hundred thousand nine hundred twenty DolI,r.
(S 200,920.00 ), .ubjeet 10 :clcDtions :lJ1cl ueuuetions :as proviueu in the Con.
lr.u:t Documents.
4.2 ,,\~ COn~I".lCl Sum L'\ h.'\cu upnn the. rutlnwi\'\u :uu:m:na, ir :my, which ~n: uacrlbc:tJ it' lhe Conu.'.1.ct OOCUll\C1'\ts ;tnu :lr~
hereby :lCCCl'lCU by the Owner:
(SJ"'e JIIr! "'"I1IH.'r~ "" IIJbet- i#lcllli/icnli"" '~f ""'"/"nl ullmrula. /I,I<<.Uim'$ "" '"lJef'ull,,'rf''''t::I Un'! I" Ill! "'1If1r..l~I"lle rJIlIIru ""hUY/"eI" 10 l~ C,\'Cf,:IfI;,,,, "I
Ibis ~I:"~"'rrd. ulludJ u 8.""": "1 s"dI ,Iltxt,. IIlJerll'''~ sUuUli"1: Iw utllfllml JfII' rudl ",I.! Iw dIIlr: ",fIll "vi'" IlIul 11I1111"''' is ,,,,lid.)
Altemates included in the al::ove contract
(and as per attached letter)
SlJtl\ are as follOlols
DEDUCTIONS:
1. ?rain Tile
ADDITIONS:
1. Carpet/Installation
(Carpet cost is $16 sq.yd.)
2. Bar Tile - Florida
T;"e foll~~"g ADDITIONS are also included
3. ~ - (oPtions 1,2,3) .
4. "J" type lighting fixtures
4.3 Unit 'priee:;, if :Iny,"'c:IS foUow.: . None
S 150.00-.
$3,850.00
$1,870.00
in the contract SlJtl\:
S2,550.00
Sl,800.00
;
AlA DOCUMENT A101 . nWNItIl.CON'T'llAC1"OR AGdf.MHNT. '1"'W2LFT11 EDmaN. AlA- . ~I,",
nIP. AloI'tlUCAN 'N.'mnrm OF AltClUnen. 17JS Nt"" YORK"~ N.W.. "ASUI~. o.e:.. 2COlt6
A101.1987 3
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ARTICLE 5
PROGRESS PAYMENTS
5.1 ,Ua.\cd ut')un Appli<"-Jlinn.'i fur l':l)'nlcnl :'\Ibl11itlerJ to the Architect b)'the COnlrJ<..1ur:lnu Calincucs fur P:lymcnt i:..\uct.l by lilt;
Archuee:, Ihe Owner sh.1I m:llie prugn.:s., p.!'men!:> on .CCllunl or the ContrJet Sum 10 Ihe ComrJctor :IS provided below and
cl'\cwhcrc in tht; C:untr:ICl OOCLlIllCnL\.
5.2 "1"J1t; pcriod Covt;rcu hr elch AppliC'Jliun ror 1l:l)'mcl1l sh:IJI be one: C"Jk.'11c,1;lr Inonlh c:ndinH CJI'llJ}t; la.\t U:I)' or the month, or :lS
rullu\Y.'i:
5.3 I'l'tlvided.n A('l('llie:llion rar 1~ll'ment is rcCCivc:U by Ule Arehitea nmaler lh." the fiIst
. U;z)' 0(:1 month, the Owner .'ih:dl nuke p:l)"n1cnt IU the Cnntt:letor not J:uc.:r th.,n
the f~ftee..'lth 0;'1' of Ihe same mtlnlh. If an ,lppliC'Jlian for !':Il'menl is recciveu bl' lhe
Arehilecl :Iflcr the :II,plic:uion c.1:llc nxt.:d :lhuvc. pay"'l..o;u ~haU he t":rtlt: hy lht; Owner nm hn~r th:m 'thirty
c.l:I)'S :Iner the I\rchitcct rcccivc.\ the Applic:nion fur P:I)'l11cnt.
5.4 !~Ic:h l\pf)lk:nitJl'l ror 1':li'n'u.:nt sh:dl he h:LtierJ upon the Scheuule nr Valuo .'iuhnlitleu h~' the Ctmtr:lctor in :&c<.."Ord:tncc with
lhe Cnnt:':lct DuCuntC:,L\. '.hc Sehctluh: o( V:ducs sh:dl aUncut: the entire Cunt:':lt't Sum :UllonJ.; the ":lriuu.'i pnniun.ti o( Ihe \~nrk
:1n~1 he f'rt.1':lrcd'in :..uc:h rum, :1I"1t! sUr"Jf)nrlcd h)' .'iuch u:U:lln :"Uh.'it:II'lli:lte it:.. :ICCUr':lC)':I.'i the Archilectnt:l)" rt'quirc:. Thi." Schc.:dule.
unlt:.'i.' (lhjt;Cle~llu 11)' the ^r~hilt.."CI. .'ih:dl he IL'Ct.l :l.ti:l h:L'i... rur rt:vjt:wing lhc Cumr:u:tur'.'i ^1'pJicnion., ror II:lyntCI'll.
5.5 Applit...:lti.UJ1.' fur P:lrmeru .~h:dl h"ldicJle Ihe J1el'tent:l!;c or completion of t..,,:u:h f10niun ur thc Work :L' or the cnt! ur lhe: pcrinu
covcred h)' the 1\['J['JliC::ILiun (ur 1':I)"I"I1ent.
5.6 Suhjct.."l \n thc pru,.i.,iull.'i uf 1he Cclll1r".Ict 11cl\:ulnl..-nL\. thc :ll"I\uunt or t..";I(.:h J'lrnJ;n..."'" ":I)'n'lCnl sh:111 be: t.-nmf'luu,:d;Lti rUUnw5:
5.G~ 1 "l":II(c Ih:l1 purliun uflhc C~J1Ur;Il:1 Sum pmf)crl)' :dlut.":lhle: tn t.'mllph.:teu Wurk a."r dcll.:n11lned h)' l1luhipJ)'in~ Ihe l'X:rt."C'nI;lge:
complr.:liun \l( c:u:h pnrlion u( Ihe \'\Iurk b)' the: :J'l;Itt' or the: total r.unlr".Ict Sum :Il1uc::ncu to th:u l'Klrtinn u( the Wurk in the:
:icheduJc ur V:duca, l~ti rel:tin:l~e or ten . percent
( 10 'X,). I'e:ndin); final ut:u.:m\imlliun ur \.~J..\Ilo the Owner of ch:lnJ;C\ in the Wlltk, :lInt,unL" nul in ui."pule n1:lY be
included :L' pru\.it.led in Suhl':I:':IJ;r'".tf)h 7.,i.' urlhe _Gcncr.d C:untJilion., evcn thuu1;h lhe C:untr.1l.1 Sum h:L' nUl Yl."! hc.."CJ' ;IdjLLtilc.."tJ hy
Ch:mge Oru.,.:
5.6.2 Atld Ih:ul'urtiun of Ihe Cunll"JCl ~"mpruperly :dloc::II,le 10 ",:!l.'lia"':ano equil'nl."1 deliver.'ll :!nu .uil.bl)' .ulrcd '1lhc
.ile fur ."I~""llIcnl inCIl'l'''I''Jliun i" thc e<lnlplcl.'U CIln.'IrUClian (or, If .1'I"mved in :lov:mcc by lhe Ow"er, .ui\:lbly .IOn:o oIT Ibc
:..ilC :It :IIClf..,,:uiun :1;;rc."Cc.l UJ'K'll'l in writin);). k":i.\ n."t:lil1:l!,"C o( ten
l,ere."1 ( 10 %);
5.6.3 Subtr:ll1 the :t~rCt.;:ue ur prC"iC)\L'i P:I)'nlCnl:i l1"'.:adc b)' the Owner; :mtl
5.6.4 Suhtr;lct :llnOunIS, i( :In)', fur whieh Ihe Architect h:L'i withhc1u or nuUitie:c.J:1 CCrtiriCIlC r~r l':1ymcnt :I." provided in r>>:ar.l-
~1""I,h ').5 Ilf the Cenel"JI Cllnoiliol~'.
5.7 '1l1e I'rn~=' p:l)'l1lenl :!mount tk.~c:rmill.-d in .ee<mallce wilh 1':Irtlgr:!l'h 5.6.h.11 be further nmdilied unuer Ihc rallowing
cirt1.1I11.\t:JnlU:
5.7.1 Add, "('lOll ~ul~'Il.nli:d Coml'lelion or Ihc Wark, :I .unl sufficienl 10 incr=c Ihe lol:d ,,"'ymenlS 10
" ninety-five pcrccnl( 95 %)oflheConll':lCl
Slim, lQIIl sudl :unounlli :IS UlC ArehilCCl sb:1Il tk.~.-rmine for incomplClc Work :and Ull>CtUcd e1:dms; :ano
5.7.2 ,\ud, if lin:al ."Ill('l'.,illn Ilr Ihe Wllrk is th.=f1.,. n,"leri:llly ueal"''Ulbmllgh na C..lIt \If Ihe COnlrJClllr, :an)' :1tldlliun:d
:!mllllnL' p:1rJblc in 'CC1.n.l:lncc wilh ~"h""I"JW"ph 9.1ll.3"llr Ihe C."CI"JI Condilio,,"-
5.8 "U.-.J".,inn IIr Iimi,"lion IIr ",1:aiMIo'C, if :anl', sh:lU he .., CllIIIIW.: ,
(If it i$ Inl........'./"'"".,,, .,""IUo/Hnll#ll t:.""pI,"H'" 1'./ II... 1""1';rr ~ '" ",",lit... ",."lUillbl" "",nllfl'J,:r' mnll;H/: I~IIII II.../H"ft""""J:n I"..,.,", In .W"......
I;nl/l0 ',(..I /II'" s.(..~ HhtJf<1C, "',,' Ibis U ,"" r::r1",,;,ttd rlM"ft'trt'noi" lbe- (;'''''mrIIN.:umt1''~ ;,1M'f1 bt'r<<" 1,"...ul""JiJ..t'~ud.I'ftlut:lIf'" IIt'lhnl'",,,,,,.)
Retainaqe will l:e reduced to five percent (5%l when the project is
fifty pe3:O!nt (SOt) o:II;llete.
AlA DOCUMENT A1D1 . nWNItIl.C:nNTJlAC:TOk AC,iKI!fJ4l!N'T. TWFJ.F'11IW)ITIUH . AlA- . Ol~
,,11> AMI~"':AN IN.TITlm. elF AHCI rlTEC'r.i. I7.IS NEW "ORK AYENUIl. N.W. ....'IIINc;T<lN.Il.c. :mulIG
A101-1987 4
"J
J __
-
<, ....."
~.-
. .
ARTICLE 6
FINAL PAYMENT
Fin,,1 P'l'OlC;Ill, eon.'lilulin~ Ihe enlire unp.i~ b:l!:lnec uf Ihe Colllr.Ct Sum, sh:lll be In:l~e by U,e Owncr 10 Ihe Conlr:lCIOr when (I)
Ihe Colllr.Ctlw been fully performed by lhe Conll':lCtur excepl fur Ihe Conlr.Ctur's n:spunsibUiI)' 10 eom:Ct noneoofmmin;
Work:lS provi~<'d in Subp'''''Sl':lPh 1::.:.: aflhc Gcncl':ll Conllilions :mcllO ""Iisfy olher rcquircmc:nu, if:my, which nee=ily
survIve fin.'lI pa)'Oleol; .n~ (2). fin:" Cenifie:lle tor l"ymenl h:t.. been ....ued by Ihe ArchileCt: such fin:d pa)'mcol .h.1l be nt.de by
'.he O'l.,'nc: nut mofC \h:m ~O ~ :1fu:r lhe issu:tncc nr lhe Arehitccl's fired Certificate for r~ymc:nt. or :I.'i fullows:
ARTlCl.E 7
MISCEl.LANEOUS PROVISIONS
7.1 Where rcfen:llcc ., nt.~c in Ih., ASrc<'IllCOt IU . provision of Ihe Gc:n=l Con~itiol~' or :mnth<'t Contl':lct DocumcoI, Ihe ref.
crence refCl> 10 Ih:1l provision .... :uncnde~ or supplemented hy other provisions of the Cuml':lCt Oocumcnlll.
7.2 P:I)"nn:nts due :Inti unp:aid under the: OmU'..aCl sh:dl belr jnu:rcsl [rum the cJ:ale: p:aymcnt L'i due:u the rntc Sl:IlCtJ below, or in
the: :lb~encc thercnf, :Ilthc lc.,;:d !':IU: pn.v.aning frnn,'tin,c to limc at the: I"bc:c: where lhe Pro;ca L'i IOC'oIled.
(I'm"" M'l" "I i"'~1 "I:.rrnl Ill''''', i/ "".,..}
PriIre plus one percent (1%) ccmnencing 15 days after due date.
('b"f')""'r:c ",", rrt/U;,.,."W"" mlllr'f"'br ~ TnI'" i" 1,."tI;,,# Ac,. $;,"11",. sl,"t!",u/ "If.'u' C,HI&I",wrawJ;II,,,m untlrllllt!f" rrtR"""imu dl IIJr ,......,..,.:,!"'"
(;'''''1"1.(1....'" Ilrincl/tnlltlfftC'$ ,!flnrsiltrV. 11Ir ""Hf"NII~ 'IH' "".,-ce' "mI rbtwbrrr '"".r Ifllrel I~ ra'itli'.1'u! UN" ,..,,,.isifNl. Lq:tII IIfhokr sf,!t..tI., he t""'1WII
"'IIb 1"O-/tn."I III d,../rl'lIIlS fir """"iJi",,;'uo.. nml IIW'I'f!A",,.,/iu!: n.","'",,":IIls s,Id' ,rs a".",,,',, libdwllrrtS ,.,. ''''';'TD-.)
7.3 Olher provisions: None
ARTlCl.E 8
TERMINATION OR SUSPENSION
8.1 The Conll:lCtln:lY be lermin'llo.! by the Owner or U,c Conll':lc:tor:l.' provided in Anick ,<I Or the Gc:na:lI CondltlunL
8.2 The Work =y he: su:<pcnIlcd by the Owner :IS provklCllln Arlidc: 14 of the Gener'" Condllkll1s.
AlA DOCUMENT AtOt . OWNf.R.cnNT1lACT'OH AGRCEMr.NT. TWHLFTII F.DmON . AlA- . C)19H7
TilE MlI!IlIl""'" IN5'l'ITln'f. Of "ROllTllCl'S. I'" mw TORK "Yl!NUIl,; N.Il'. ........'IIIHGTtlN. D.C. 21..16
A101.1987 5
"'~-
, .
ARTICLE 9
ENUMERATION OF CONTRACT DOCUMENTS
9.' .the C'.nntr.II.:l l)ucul1lcl1t:t. excern rut Mudificuiun.\ L\.\UCU ancr o;eculiun or Uti." ^Url."Cl11em. arc cnul1lcr:ncu :/o.'io (ollow.\;
9.1.' .J11e I\grcemcr.: i.\ rhi.", execuled St:lndarc.l Furm of ^t;rcc::ncntlktwtcn Ownc:r:rnd Contr..ctor, AlA Document AIOI, 19M7
Euitiun.
S. '.2 .:11l.: CcneT;IJ C:unLlitit)J1.'li :m: the Cenero..' C'.nnuitinn.'io uf the CUI1Ir.ll:t rut C"..nn.'iotnlClinn. AlA Dnc..1.uucnt A20 I, J ?H7 lliJitinn.
S .1.3 The :)UI1"lcnlC1lt:lt')' :uul uther CnntJitinn.\ nf thc Cunlr:IO an: thUM: c.."Ul1t:lim:d in lhe: l'rnjcct M:lnu:d u:llCU
, antl arc .., (,,110"'": N/A
Doc:unlcnt
Tille
rages
9.1.4 .rhc Sl"cc:iOcuinl\.'" arc thosc cnnt:linet: in the "mjccr I\1;1n\&:1I d:uc..~1 :I.'io in Subrrolr:agiolph 9.1..3. :&nu :arc:as (0110\\'$:
(/:ilbrr /iJoIIlff" ,\1"'d/,.,,,,,.II,,. bforr> ,."rrJrt' lu 'III r'.\'bdlil ,,""d",,' '" 11Ii,. ,{/:"'''''I('III./ N/A
Scction 'Tille: ' Paga
AlA DOCUMENT AtOt . ()~'ut-Cc):''''TRACTnH A("UU~1f..""'. TWf.J.fTI1 enmON. AlA- . C)I,",
11m AMliJm:AN' 1N.\,.mm~ nl: AHt:JJm~. 17.\\ :'liEU" yout; A\'1!.'\'JI~ N.W.. WA.~IIL~GTON. D.C".:tXXJ6
A101-1987 e
-~~... ~-
, ,
9.1.5 The Dl':Iwins.' ~re ~ (ollow., .n~ .rc cl:&t~~ Jan 9
(J;ilbr:" li~t Ib~ IJ"lIIm"c~ here fI,. "~Jr:,. '0 1111 alJibit """cbr!J Iu Ibis AI:~ I
Nwnb~r
1998
unlc:i:i ;t diffc:n.:m U:llC i.'i :.howr:. below:
TIlle
Al
A2
A3
A4
AS
A6
A7
A8
PEl
Title Page
Plan and Elevation
Reflected C..i, ing Plan
Interior Elevations
Interior Elevations
Interior Elevations
Large Scale Entzy and Bar Plan
Wall Section and Notes
Floor Plan - Pltllllbing and Electrical
9.1.6 The A~lIend.. i( :10)'. .re "" (ollow": None
Nwnbcr
D:&te
D:llC:
1/09/98
1/09/98
1/09/98
1/09/98
1/09/98
1/09/98
1/09/98
1/09/98
1/09/98
l':lgcs
PORions o( ^~dcncl:& n:l:tling 10 bidding n:quircmcnlS :m: nOI P;R or Ihe Comr:aa ~ln'cnlS unless Ihe bidding rcqulrcmCnlS:If<
:tIso cnumct:tlcd in Ihis Anick: 9.. .
AlA DOCUMENT A1D1 . ()WNP.R.coNT1lACTOR AGReeMeNT' TWIa.FT1IIUJmON. AlA- . C)J')H'7
nut AMWIlCAN INSTITUT'J,;; OF AKOunc'l'S. I'-,S NEW YORK A\'!HUe. NoW.. WASlIINCiTOH. D.C.:!(JCUs
A101.1987
,~"
~.-
"
.ll '1>. I~
~ .1.7 0\11C: dccumcnls. if :10)'. rcm1inS p,n cr the ConlDCl Ooc;umC'IlS 3le :IIi rcuo...:
(1.l~/l~ n'~.. ,,,Wj/j,m.,1 ,I....."mrl',' ".,.jdJ lire j"'f:I"I...1 "'1''''''' l",n'rJ Ibr O",,1'Ud fJrCIIIIIrI'u" 7bt- (~~ O""/ili,,'&1/,",,,iJr: I/III,II1.-,hl'-"1: r-n,"'rr:mr:"'s ~"cJl
.-.\ "./,....,."",.'''1:''1 .... "".",11..". '" "i,I. "u/n'c:JIfHU'II IJ"I,/a"S. ~"""r: '/'1I'n1/. .,td 11M: ("oIRt/l'l(crur', ""' fU\" .uIl JfIII" If/lw C;u..'rpCf 1)r~UlIt"fllJ lIule.u ~'llfml:l'lIl~"
III 'bt.. 'lXrc.."....IIl. 11",=" iJ,.",/,/ III" IW...I btTl' ,m(r if ,,,,...,Ifi...1 ,,, IN: I'''''' .f '''', CMlU""'1IJ1,,"""nll4)
April 20, 1998 Revised Base & Alt:e:nate Bids letter from McCoy Brotbers Inc.
(attached) ,
HVAC 1?roposal frcm F.M. Berkheiner, Inc.
:E'l\lmbing proposal iran H. L. Stoneberger Plumbing and Heating
Elec'-...rical proposal frQm FetrcM Electric
~.
.'
'.
1'hio '^grCCl11cnl .. I.'n,,:n:d inl\' "'. 'or 1I'Il: \l:Iy .nd yc>r nr:ll ....ril\l:n .bDYC ond is ClCl:IIIccl in .1 1"""1 Ihn:c 'oriJ,>in:lI eopla of which
one is 10 be ch:liverc:tllo the Conlt:lClor. one 10 Ihe Archiu:el rcr use: in the .dminislr~Lion or the COnlt:lc:l. ""<I Ibe rc:nlllindcr 10 111\:
Owner. ' .
OWN!;I! cUp of Joe
dw,
~.
CONTIlAC'I'O/\ McCoy Brot::hers, Inc.
ftrL._(}~~~ ..
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.fp.;~ .
'9~JNlr) t. ~ ~ f. G;1flf(dfN'j
(I'rilllr:d ''''''Itl 1I11l11nle)
(l'riII1'Yllln",ct"'tIJiIJr.-)
AlA DOCUMIlNT AlGI' OWNPJloCONTlIACTOR ~r.RIlEMI1HT . TWIlIJ'l'II EDmON . ~IA. . ClI?117
Till; ~lollmlr.AN INlirmm OF ARCIlTECl), 1m NJlW l'OHKAVIlo\1m. N.V!. w,wIINVTOII. D.C.:lXXl6
A101.1987 8
---------....,...
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COMME;::'C
IN:n.1S7~
INS7j7LijiO~
DESIGf\:/5L
GENERAL CONTRACTORS
SINC~ 1
A~~il 20. 1998 (REVISED)
Mr. Fredrick Harle, A.I.A.
Harle Architects
45 Forest Drive
Mechanic~bU~g, FA 17055
Re: Empire Global Cuieine
149 N. Hanover St.
Carliele. FA 17013
Dl::a~ Ml'. H.~:"le:
We a~e pleased to offe~ YOU the follo~ing coets for ceracic tile
and carpeting for the above referenced project. Each co~t lncludeg
~ll labor. materials, equipment, taxes. inel~rance and supervision.
as required. for a complete installation.
:!. BAR
1. K1TUHEN. ELECTRIC. (2) TOILETS & VESTIBULE
Field Tile - Cerim Earth Color: Fraire
Base - Cerim Earth Color: Praire (cut in 1/2)
Subs't:rate - 1/2" cement board
FINAL COST. ............... ..... .... ... DROneT ($ 150.00).
TOPS
Field Tile
FINAL COST
- Florida Tumble Tile
.............................. .
ADD ($1.870.00).
3. BAR & DINING AREA
Floor Material'- $16.00/sy AlloQance for carpet material
plue installation
FINAL COST ............................... ADD ($3.850.00).
Th.~nk'yo~ for the opportunity 'to l::ullm1t these additional coete. If
YOU have any questione or need more in~ormat1on, pleaee contact me
~t Your convenience.
submitted,
~~~
Richard L. Butte, V.P. Estimating
McCoy Brothere. Inc.
~ Vareo.pruden
Y2 Buildings
A U-Ilonwaoo Comoa/lr
P.O. BOX -0-.217 PINE RO.' Mr. WOLLY SPRINGS. PENNSVl.VANIA 17065
TEl.EPMONE: (7171 q&.)&0l . (7'7) ~ . ~Al(: (717) ~&-494ll
.
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-
H. L. STONEBERGER'PI:..UMBING AND HEATING
937 NIXON DRIVE
MECHANICSBURG, ?A. 17055
PHONE# (717) 796-9882
FAX.# (717) 796-9BB4
January 15, 1998
Fred Harle
Harle Architects
45 Forest Drive
Mec.f)anicsburg, Pa. i i055
REF: S.C. Carlisle
Dear Mr. Harle.
We are pleased to propose a cost to inslall tho following mechanicals.
Plumbing and G as piping:
Demolition of existing plumping fixtures at both locations, disconnection of gas
equipment, cap water. dl'1lin. gas lines as needed. removal of commercial hol waler
heater ar,d grease trap to new location.
Demolition of concrete for rough in of underground plumbing and gas piping in the
kitchen area. ( This includes demo of concrete and removal from sileo replace dirt in the
trenching as needed.)
Disconneclion of existing hot water healer Ihat is al Be now and replace with
commercial healer thaI is al the other location. (nue piping 10 venl into the existing
chimney.)
Rough in for new sinks as per plans, PVC drain, waste and vent piping
3 new Zum Z415 Floor drains in the kitchen area
L copper for water lines with leadfree solder .
Armaflex insulation on all water pipinll
New venting through the roof in the kitchen area.
Reuse the existing grease trap brought from the other location.
Install new 2" gas main to the kitchen area, install valves, unions. drip legs and Oex lines
es needed.
Fixtures include the following.:
2250.104 Amercian Standard waler closet, Ooor Mt.m seal
9140-013 AI$ wheelchair lav. faucet is by AlS., trap bag as per specs
loR Elkay sink SIS, faucet, trim.
loR Elkay SIS wall hunk, Gooseneck faucet. trim
Permits for the fIXtures only,
NOTE: American Standard does not offer the listed waler closel anymore due to gallons
needed per Rush. Also, there is an altern ale we can use for the handicap lavatorys that wlll save.
you a decluc:l of. 284.00
..--_~~~" ~
. ,
;
-
-
-~~
--""
Fre~ Harte
B.C. Cartisle
1-15-98
page two
Our calculation shows that if we use a 2 minute drain period the existing grease trap can
be reused. Water meter to remain the same size as whats existing.
This cost is
14,919.00 {,g;'~I3NC.J
We do no! include: gas piping 10 HVAC equipment, lire protection if needed. dumpster.
concrete replacement for trenches, roof patching for the vent pipe, lemperature mixing valve,
ceiling or wall patching due to plumbing pipes, or selling kitcllen fixtures althe new locations.
If you have any questions, please feel free to call our office.
Thank You,
7#.A,{/-( d /1bJ>"'~d-
Harold Sloneberger @ .
.-
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FM -';"''':''''0 ERKHfE'UER. 'NC.
.COOUHO ;J
mn 7'104:5: "...... .,',","",,:'u. '''00 1'ftLUUI,f OROV!' AD.. UECHANJCSOURC. PA r~S5
5fJ'o/""4a1'~ :9'.z1 YiuYura/sfil- ~~~
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JAN Z21998 \;
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774499'0 ,:..':.:':.:..
Fax: 774.{)5$? ".\llIS"",...
I
Excel Interior Concepts
570 South Third Sl
Lemoyne, PA 17043
5fJ'~..
RE: Empire Global Cuisine
Heating capacity: 74,400 btus
92% AFUE
~ ,(~tfp.,II-"o//.t>$e t6 Vt.s~
- Carrier 58MCAOBO-16 condensing gl'.s furnace in ba.s~ent with PVC vent piping for
inta.!;e 8.: exhaust lhru the wall to outside
- Ca:-rier CCSAXW042 cellon top of fumllce
- Carrier FK4CNF006 variable speed fancoil
- Camer TSTATCCP2S012-stage thermostat
- lime delay controls for compressor protection "
- Electrical wiring disconnect into furnace and into re-Iocated condensing units on 'roof
- refrioerant tines between coils and condensers with armaflex Ilnd drier
~
- condensate drain into condensate pumps (2) and pumplld to Simer line
- galvanized metal duct.work In basement and up chase to soffit
- liberglass ducling in soffit to mlnimizenoise and condensation
- gas piping to furnace with shut-off valve and sediments trap from meter
- duc:tboard panning of ref.ums
- Hart 8.: Cooley grills: 11531 return grills, ... 2 - RES-T retum grills, & 17-11821 12 x 6
sidewall supplies
- DampreclO x 24 motorized damper in 2nd stage cooling duct with isolation relay
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Cooling capacity: 3.5 + 5 tons
SEER: ????
"
N//o/de JHe nztZtpUz4 aM' "",4Uj1Fd~ 1M 4tun. 0/
$ 9.974.00 ('J}'J~IIJ~/C6)
5fJ'gpAt&M t6 ~~ ~ 'J"tJdcp4 o/~.reM o/~
This I'I'Opoll2l1 may be withdrawn If not accepted within 30 d"l/S.
Warranty of materials and workmanship for one full year included.
. com. av - P rts' d bo 0
.'
Dart warrant\!_
Si ature: i
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Options,
- 1) Remove eltisting oil boiler, Tadiators and fancoil and haul away....$911.oo
(or time & material, if less)
2) Dlsconrmect, recover freon and move 5-ton condensing unit to new
lC>Cl>tion.........................................................................$2:5().00
3) Lake-Air model LAFC nush mount in drop ceiling (2 x 4), 2 speed fan,
e1ectTorric air cleaner with pre-filter and afterfiller (activated charcoal).
~1244.00
4) If want to go with just 5-ton AlC on Camer 58MXA080-20 gas fUTTllICe,
no staging of cooling, smaller dueling, less. grills (2000 cfm vs 3400 cfm)
$6741.00
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Commercial, Residential, lItdustrial
24 - Hour Emergency Service
Ila~trl~al SorvJ~a IIInd ConI traction
PROPOSAL
Date: April 7. 1998
For:
Mr. Richard Butts
McCoy Brothers Inc.
217 Pine Road
Mt Holly Springs PA 17065
Project:
Empire Global Cuisine
149 North Hanover Street, Carlisle
~(C'
L,O,r..I1 fi:;(((;1(t%
~ 5::)70,.!!.S:
Scope Of Work:
Provide a complete and functional electrical system as per the plan numbered PEl
dated 1-9-98 by Harle Architects and the following additional specifications and
clarifications which take precedent over all other plans or specifications whether
written or implied.
1. New electrical service shall be single phase. 400 amp. ovemead.
2. Cooking equipment shall be gas except for convection oven.
3. Price includes wiring for type 'J' and rear exterior fIXtures but excludes
furnishing these fixtures since no type was specified.
4. Price includes wiring of 1.5 ton and 1.3.5 ton rooftop HVAC units, 1- gas
furnace and 1. electronic air cleaner as specified by F M Berkheimer
5. Price excludes any phone or computer wiring.
6. Price does not include 8rrf work for sealnd floor apartment service.
7. Demolition in this proposal includes only de-energizing all existing wiring to .be
- removed. Removal and disposal of exi8tin~ wiring and ~l2...m!!l!. is not included.
8. Proposal includes providing tempor8/)' lighting and power for construction.
9. Price includes permits and inspections as required.
7l1e amount ofthi6 proposal Is: $ 2o.0()P.()()
Alternate #1- Delete 3.5 to~ rooftop HVAC unit (deduct) - 250.00
Thank-you for the opportunity to submit this proposal. If you have any further
questions. please call.
Submitted By:
Bradle:y D. Fetrow, President
Fetrow Electric
J4J Salem Church Ro.1d . Mcchallic~burg, PA 17055-2835 Mailing Address: P.O. nox )(,)2' Camp HI'
Pbone: (717) 766-5795 . Fllx (717) 790-0326
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. '0
JUN.-02'00(FRl) 14:42
MCCOY BROS. I NC
" ... ....
'-'".~}:'
TEL: 7172412055
P. 002
.
. .
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COMMERCIAL
INDUSTRIAL
INSTITUTIONAL
DESIGN/BUILD
November 19,1999
SINCE 1946
The following is a statement of account for the above referenced project:
Amount Paid
$ 16,466.00
$ 50,026.00
$ 68,426.00
$ 54,On.oo
$ 5,000.00
$
$193,995.00
$ 18,104.00
$ 776.00
$ 18,880.00
Mr. Jerry H. Bogar II
Cup of Joe
109 N, Hanover St.
Carlisle, PA 17013
Re; Empire Global Cuisine
Dear Mr. Bogar
'Inv.No. Inv. Date Inv. Amount
1 05-31-98 $ 16,466,00
2 06-30-98 $ 50,026.00
3 07-31-98 $ 68,426.00
4 08-31-98 $ 54,OnOO
5 09-30-98 $ 9,437.00
6 11-30.98 $ 13.667.00
Total $212,099.00
Total (As shown above)
Change Order 12 (Dated 03-22-99)
Sub-Total
Outstanding Change Orders:
Wheeler Drywall
Fetrow Electric
Kint Corporation
Weavers Glass
Total Amount Due
Balance Due
$
$
$
$
$ 4,437,00
$ 13.667.00
$ 18,104.00
$ 411.50
$ 293.00
$ 1,587.00
$ (1.000.00)
S 20,171.00
Please issue payment in the amount of $20,171.00. If you should have any questions,
or require any additional information, please feel free to contact me.
~Iy, 11
~~-..rr.
Robert C. Ganoe
Controller
~
AMI!RICAN
BUILDINGS
.t
P,O, BOX 7300' 1514 COMMERCE AVENUE' CAIlLlSLE. PENNSYLVANIA '70'3
TELEP1;40NE; (717) 241,:2QZl. (717) 238-4356' FAX: (717) 241-2055
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SHERIFF'S RETURN - REGULAR
CASE NO: 2000-03442 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MCCOY BROTHERS INC
VS
CUP OF JOE INC
KENNETH GOSSERT
, Sheriff or Deputy Sheriff of
Cumberland County, Pensyl vania , who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
CUP OF JOE INC
the
DEFENDANT
, at 0016:25 HOURS, on the 7th day of June
, 2000
at 149 NORTH HANOVER STREET
CARLISLE, PA 17013
by handing to
JERRY BOGAR (OWNER)
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
Aff idavit
Surcharge
So Answers:
18.00
3.10
.00
10.00
.00
31.10
~~~~~~<?
R. Thomas Kline
06/08/2000
RHOADS & SINON
I
Sworn and Subscribed to before
By:
Jr:~ ~
/Dep y :L
'\ me this .21AA- day of
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,
MCCOY BROTHERS, INC.,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v. CIVIL ACTION - LAW
CUP OF JOE, INC.,
Defendant
No. 2000-3442 Civil
ANSWER WITH NEW MATTER AND COUNTERCLAIM
NOW COMES defendant, Cup of Joe, Inc., by its attorneys,
Keefer Wood Allen & Rahal, LLP, to state its answer with new
matter and counterclaim to plaintiff's complaint, averring as
follows:
1. Admitted.
2. Admitted.
3. Admitted in part and denied in part. Defendant denies
that the entire contract between plaintiff and defendant has been
attached as exhibit A to plaintiff's complaint. Defendant
incorporates by reference paragraphs 44 through 46 below as if
the same were set forth at length here. The remaining averments
of this paragraph are admitted.
4. Denied. Defendant denies that the amount stated is
fair and reasonable under the circumstances, and further denies
that it agreed to pay plaintiff that amount.
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5, Denied. Plaintiff did not perform all services in a
workmanlike manner, either as required by the contract or
otherwise. On the contrary, many of the services performed by
plaintiff were substandard and had to be repeated, with the
initial work being so substandard that defendant suffered losses
as a result of it, Among other things, plaintiff failed to
install insulation called for by the contract documents.
6. Denied. Plaintiff did not perform all services in a
proper manner, either as required by the contract or otherwise,
Furthermore, defendant did not accept plaintiff's improper work.
On the contrary, many of the services performed by plaintiff were
substandard and had to be repeated, with the initial work being
so substandard that defendant suffered losses as a result of it.
Among other things, plaintiff failed to install insulation called
for by the contract documents.
7. Denied. Defendant's obligations to plaintiff are set
forth in the contract between the parties. Beyond that contract,
defendant made no promises to plaintiff.
8. Denied. As to the allegation concerning plaintiff's
last day of work, defendant is after reasonable investigation,
without knowledge or information sufficient to form a belief as
- 2 -
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to its truth, and proof thereof is hereby demanded at trial, if
relevant. With regard to the remaining allegations of paragraph
8 of plaintiff's complaint, defendant incorporates by reference
its responses to paragraphs 5 through 7 above as if the same were
set forth at length here.
9. Admitted in part and denied in part. Defendant admits
that it has paid plaintiff the sum of $193,995.00. Defendant
denies that it has any remaining obligation to plaintiff. On the
contrary, as noted in the counterclaim that follows, plaintiff
owes money to defendant for losses sustained by defendant in
connection with plaintiff's substandard performance of work at
defendant's place of business.
10. Denied. Defendant incorporates by reference its
responses to paragraphs 5 through 9 above as if the same were set
forth at length here. Defendant owes nothing to plaintiff.
11. Admitted in part and denied in part. Defendant admits
that plaintiff has submitted invoices for payment. Defendant
denies, however, that plaintiff is entitled to any further
payments from defendant. Defendant incorporates by reference its
responses to paragraphs 5 through 9 above as if the same were set
forth at length here.
- 3 -
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12. Denied. Defendant denies that plaintiff properly
completed the work contracted for with defendant. Further,
defendant denies that plaintiff has failed to receive full
payment for the work it has performed under the contract.
Defendant incorporates by reference its responses to paragraphs 5
through 9 above as if the same were set forth at length here.
WHEREFORE, defendant respectfully requests this Honorable
Court to dismiss plaintiff's claim against it, to enter judgment
in its favor on plaintiff's complaint, and to grant defendant the
relief sought by the counterclaim that appears below, together
with costs of suit and such other and further relief as the Court
deems just.
COlrnT I: Breach of Contract
13. Defendant incorporates here by reference its responses
to paragraphs 1 through 12 of plaintiff's complaint.
14. Denied. Defendant denies that it has failed to pay
plaintiff the full amount due and owing for work performed at
defendant's place of business, and further denies that it has in
any way breached the contract it formed with plaintiff. Last,
defendant denies that plaintiff has been damaged in the amount of
$20,171.00. On the contrary, plaintiff has been paid in full for
- 4 -
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the work it actually performed at defendant's place of business.
The only breach of contract was plaintiff's substandard
performance of work.
Plaintiff has not been damaged in any
amount because of defendant's failure to make payments beyond the
ones acknowledged in paragraph 9 of plaintiff's complaint.
WHEREFORE, defendant respectfully requests this Honorable
Court to dismiss plaintiff's claim against it, to enter judgment
in its favor on plaintiff's complaint, and to grant defendant the
relief sought by the counterclaim that appears below, together
with costs of suit and such other and further relief as the Court
deems just.
COUNT II: Contractor and Subcontractors' Payment Act
15. Defendant incorporates here by reference its responses
to paragraphs 1 through 14 of plaintiff's complaint.
16. Denied. This assertion is a conclusion of law with
which defendant does not agree. No further response is required
from defendant.
17. Denied. This assertion is a conclusion of law with
which defendant does not agree. By way of further answer,
defendant notified plaintiff many months ago that it would be
withholding payment because of losses sustained as a result of
- 5 -
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defendant's substandard performance of work under the contract.
Indeed, defendant commenced a civil action against plaintiff to
recover these losses on or about August 13, 1999, docketed to No.
99-4900 Civil, Court of Common Pleas of Cumberland County,
Pennsylvania.
18. Denied. This assertion is a conclusion of law with
which defendant does not agree. No further response is required
from defendant.
19. Denied. This assertion is a conclusion of law with
which defendant does not agree. By way of further answer, there
is no balance wrongfully withheld from plaintiff by defendant for
work performed under the contract.
20. Denied. This assertion is a conclusion of law with
which defendant does not agree. By way of further answer, there
is no balance wrongfully withheld from plaintiff by defendant for
work performed under the contract.
21. Denied. This assertion is a conclusion of law with
which defendant does not agree. No further response is required
from defendant.
WHEREFORE, defendant respectfully requests this Honorable
Court to dismiss plaintiff's claim against it, to enter judgment
- 6 -
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in its favor on plaintiff's complaint, and to grant defendant the
relief sought by the counterclaim that appears below, together
with costs of suit and such other and further relief as the Court
deems just.
COUNT III: Unjust Enrichment
22. Defendant incorporates here by reference its responses
to paragraphs 1 through 21 of plaintiff's complaint.
23. Denied. There are no unpaid services for which
plaintiff properly seeks payment from defendant.
24. Admitted in part and denied in part. Defendant has
used and benefitted from renovation and remodeling services
provided by plaintiff, but defendant denies that it has
wrongfully refused to pay plaintiff for those services. On the
contrary, plaintiff has been paid in full for the renovation and
remodeling services it has provided to defendant. Moreover,
plaintiff's substandard work damaged defendant's business
operation.
See counterclaim below.
25. Denied. Defendant has not been unjustly enriched in
any amount at the expense of plaintiff. On the contrary,
plaintiff has been paid in full by defendant.
- 7 -
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26. Denied. This assertion is a conclusion of law with
which defendant does not agree. No further response is required
from defendant.
WHEREFORE, defendant respectfully requests this Honorable
Court to dismiss plaintiff's claim against it, to enter judgment
in its favor on plaintiff's complaint, and to grant defendant the
relief sought by the counterclaim that appears below, together
with costs of suit and such other and further relief as the Court
deems just.
COUNT IV: Promissory Estoppel
27. Defendant incorporates here by reference its responses
to paragraphs 1 through 26 of plaintiff's complaint.
28. Denied. Defendant's obligations to plaintiff are set
forth in the contract between the parties. Beyond that contract,
defendant made no promises to plaintiff.
29. Denied. Plaintiff's performance of its obligations
under the contract has been greatly delayed beyond the term
contemplated by that contract; indeed, a great deal of work
initially performed by plaintiff was substandard and needed to be
redone after much delay.
- 8 -
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30. Denied. Defendant's obligations to plaintiff are set
forth in the contract between the parties. Beyond that contract,
defendant made no promises to plaintiff.
31. Denied. Defendant incorporates by reference its
responses to paragraphs 28 through 30 above as if the same were
set forth at length here.
32. Denied. Defendant incorporates by reference its
responses to paragraphs 28 through 30 above as if the same were
set forth at length here.
33. Denied. This assertion is a conclusion of law with
which defendant does not agree. No further response is required
from defendant.
WHEREFORE, defendant respectfully requests this Honorable
Court to dismiss plaintiff's claim against it, to enter judgment
in its favor on plaintiff's complaint, and to grant defendant the
relief sought by the counterclaim that appears below, together
with costs of suit and such other and further relief as the Court
deems just.
COUNT V: Account Stated
34. Defendant incorporates here by reference its responses
to paragraphs 1 through 33 of plaintiff's complaint.
- 9 -
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35. Denied. Plaintiff did not regularly send to defendant
invoices detailing the amount of debt allegedly owed. The
statement of account attached to the complaint as exhibit B shows
invoices dated from May through November 1998, plus an additional
change order dated in March 1999. Exhibit B itself is dated in
November 1999. Defendant denies that plaintiff's billing has
been regular. Furthermore, defendant denies that exhibit B is
true and accurate. Defendant owes nothing to plaintiff.
36. Denied. Defendant has consistently disputed the
amounts claimed by plaintiff since the impact of plaintiff's
substandard work was first brought to its attention. Defendant's
restaurant operation was damaged by plaintiff's substandard work.
See counterclaim below. Plaintiff has known for well over a year
prior to this date that defendant was unsatisfied with its work.
Indeed, defendant commenced a civil action against plaintiff to
recover these losses on or about August 13, 1999, docketed to No.
99-4900 Civil, Court of Common Pleas of Cumberland County,
Pennsylvania.
37. Admitted in part and denied in part.
Plaintiff has
made repeated requests for payment, which defendant has refused
to pay. Defendant denies, however, that it owes any amount to
- 10 -
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plaintiff, for the reasons set forth above and in the
counterclaim that follows.
WHEREFORE, defendant respectfully requests this Honorable
Court to dismiss plaintiff's claim against it, to enter judgment
in its favor on plaintiff's complaint, and to grant defendant the
relief sought by the counterclaim that appears below, together
with costs of suit and such other and further relief as the Court
deems just.
COUNT VI: Misrepresentation
38. Defendant incorporates here by reference its responses
to paragraphs 1 through 37 of plaintiff's complaint.
39. Denied. Defendant's obligations to plaintiff are set
forth in the contract between the parties. Beyond that contract,
defendant made no promises to plaintiff. Furthermore, defendant
did not complete the work required of it by the contract in a
workmanlike manner.
See counterclaim below.
40. Denied. Defendant's obligations to plaintiff are set
forth in the contract between the parties. Beyond that contract,
defendant made no promises to plaintiff.
41. Denied. Plaintiff has suffered no damages as a result
of any alleged misrepresentations made by defendant. On the
- 11 -
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contrary, defendant has made no misrepresentations to plaintiff;
furthermore, it is defendant, not plaintiff, that has been
damaged as a result of plaintiff's work. See counterclaim below.
WHEREFORE, defendant respectfully requests this Honorable
Court to dismiss plaintiff's claim against it, to enter judgment
in its favor on plaintiff's complaint, and to grant defendant the
relief sought by the counterclaim that appears below, together
with costs of suit and such other and further relief as the Court
deems just.
NEW MATTER
42. Defendant incorporates here by reference its responses
to paragraphs 1 through 41 of plaintiff's complaint.
43. Plaintiff's complaint fails to state a claim upon which
relief can be granted.
44. The contract attached to plaintiff's complaint is not a
complete copy of the original and fails to contain all the
material provisions of the parties' agreement.
45. At page 1 of the "Standard Form of Agreement Between
Owner and Contractor,H attached to the complaint as Exhibit A,
appear the words:
- 12 -
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The 1987 Edition of AIA Document A201, General
Conditions for the Contract for Construction, is
adopted in this document by reference.
46. This latter document declares at paragraph 4.5.1
(Controversies and Claims Subject to Arbitration), that "[a]ny
controversy or Claim arising out of or related to the Contract,
or the breach thereof, shall be settled by arbitration in
accordance with the Construction Industry Arbitration Rules of
the American Arbitration Association...."
47. Plaintiff's complaint avers a breach of the contract by
defendant and, thus, is a "Claim arising out of ... the Contract,
or the breach thereof ...." For example, see paragraph 14 of
plaintiff's complaint.
48. Plaintiff's action is subject to arbitration, pursuant
to the contract into which it voluntarily entered with defendant;
accordingly, the complaint fails to state a legally sufficient
claim and should be dismissed.
49. Alternatively, plaintiff's action should be stayed
pending referral to arbitration pursuant to the parties'
agreement.
50. Plaintiff's recovery against defendant is barred by its
own failure to perform; the contract called for substantial
- 13 -
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completion of plaintiff's work within ninety days of May 1, 1998,
but plaintiff's own complaint, at paragraph 8, declares that
plaintiff's last day of work was April 6, 2000.
51. Plaintiff's purported claim under the Contractor and
Subcontractor Payment Act, 73 P.S. !J501 et seq. ("Act"), is
barred because the amount that plaintiff seeks to recover
pertains to a deficiency item for which defendant has properly
and in good faith withheld payment, following notice to
plaintiff, in accordance with the terms of the contract between
the parties.
52. Plaintiff's purported claim under the Act is barred or
limited to the extent the pertinent terms of the parties'
contract are inconsistent with the terms of Act, including, but
not limited to, terms authorizing the withholding of payment due
to plaintiff's substandard performance and delays in completion
of the work beyond the date set forth in the contract.
53. Plaintiff's purported claim under the Act is barred or
limited to the extent the amount claimed exceeds the retainage
permitted under the contract between the parties.
54. Pursuant to Sections 511 and 512(a) of the Act,
plaintiff is not entitled to recover a penalty because
- 14 -
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plaintiff's claim is for an amount withheld by defendant that
bears a reasonable relation to the value of defendant's good
faith claim against plaintiff.
See counterclaim below.
55. No interest or penalty is due because no amount was
wrongfully withheld from payment by defendant.
56. Pursuant to Section 512(b) of the Act, if defendant
substantially prevails in this matter by obtaining an order
compelling contractual arbitration or otherwise, plaintiff shall
pay defendant its reasonable attorney's fees incurred in
defending plaintiff's action.
WHEREFORE, defendant respectfully requests this Honorable
Court to dismiss plaintiff's claim against it, to enter judgment
in its favor on plaintiff's complaint, and to grant defendant the
relief sought by the counterclaim that appears below, together
with attorney's fees, costs of suit and such other and further
relief as the Court deems just.
COUNTERCLAIM
57. Defendant asserts this counterclaim pursuant to Pa. R.
Civ. P. 1031 and without waiver of its right to petition the
Court to compel arbitration of plaintiff's claim, as required by
the contract between the parties.
- 15 -
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58. Plaintiff's performance of the contract between the
parties was substandard.
59. Unbeknown to defendant, plaintiff failed to perform
essential parts of the work, including but not limited to the
installation of insulation in the walls and ceilings of those
portions of the building where remodeling and renovation services
had been provided.
60. This substandard work on plaintiff's part was a
material breach of the contract between the parties.
61. As a result of plaintiff's failure to install
insulation in the portions of defendant's building where
plaintiff had performed renovation and remodeling services, pipes
froze and burst twice during cold weather.
62. Furthermore, the absence of insulation made the portion
of the dining area close to the kitchen too warm to seat patrons
during the summer months.
63. Defendant's out-of-pocket expenses for the burst pipes
and clean-up efforts and additional heating and cooling bills,
all caused by plaintiff's unjustified and unexcused failure to
install insulation, total $2,000.
- 16 -
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64. Defendant's loss of revenue because of restaurant
closures and defendant's inability to seat patrons in portions of
the dining area, all caused by plaintiff's unjustified and
unexcused failure to install insulation, is in the amount of
$18,000.
65. Defendant has been damaged in the amount of $20,000 by
defendant's breach of the contract by the parties.
66. Defendant has made claim upon plaintiff for
reimbursement of this amount, which claim plaintiff has ignored.
WHEREFORE, defendant respectfully requests this Honorable
Court to enter judgment in its favor and against plaintiff in the
amount of $20,000, together with interest and costs of suit, and
such other and further relief as the Court deems just.
Respectfully submitted,
Dated: July 7, 2000
KEEFER WOOD ALLEN & RAHAL, LLP
By (~--E:, n
I.D. # 23172
Donald M. Lewis III
I.D. # 58510
210 Walnut Street
P. O. Box 11963
Harrisburg, PA 17108-1963
717-255-8010 and 255-8038
Attorneys for defendant
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VERIFICATION
The undersigned, Charles W. Rubendall II, hereby verifies
and states that:
1. He is counsel of record for defendant, Cup of Joe,
Inc., and is authorized to make this verification on its behalf;
2. The facts set forth in the foregoing answer with new
matter and counterclaim are based upon information supplied by
the defendant, and such facts are true and correct to the best of
his knowledge, information, and belief;
3. The defendant's verification could not be obtained
within the time allowed for filing the pleading because
defendant's officers are temporarily outside the jurisdiction of
the court; and
4. He is aware that false statements herein are made
subject to the penalties of 18 Pa.C.S. Sec. 4904, relating to
unsworn falsification to
auChori""". {p,f ...----..~- .-
Charles W. Rubendall II
Dated: July 7, 2000
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CERTIFICATE OF SERVICE
I, Charles W. Rubendall II, Esquire, one of the attorneys
for defendant, hereby certify that I have served the foregoing
paper upon counsel of record this date by hand-delivery,
addressed as follows:
Dean F. Piermattei, Esquire
Rhoads & Sinon LLP
One South Market Square, 12th Floor
Harrisburg PA 17101
KEEFER WOOD ALLEN & RAHAL, LLP
By
Charles W. Rubendall II
Dated: July 7, 2000
".~--. ~ " ~~
Dean F. Piermattei, Esquire
Attorney J.D. No. 53847
Susan E. Schwab, Esquire
Attorney J.D. No. 66722
RHOADS & SINON LLP
One South Market Square, 12th Floor
P.O. Box 1146
Harrisburg, PA 17108-1146
(717) 233-5731
Attorneys for Plaintiff
MCCOY BROTHERS, INC.
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL VANIA
v.
: CIVIL ACTION - LAW
: NO. 2000-3442 CIVIL
CUP OF JOE, INC.
Defendant
: JURY TRIAL DEMANDED
NOTICE TO PLEAD
To: Cup of Joe
c/o Charles W. Rubendall, II, Esquire
210 Walnut Street
P.O. Box 11963
Harrisburg,P A 17108-1963
You are hereby notified to file a written response to the enclosed New Matter and
Counterclaim within twenty (20) days from service hereof or a default judgment may be entered
against you.
Respectfully Submitted,
. . rmattei, Esquire
o outh Market Square
P. O. Box 1146
Harrisburg, PA 17108-1146
(717) 233-5731
Attorneys for Defendants
-
Dean F. Piennattei, Esquire
Attorney J.D. No. 53847
Susan E. Schwab, Esquire
Attorney J.D. No. 66722
RHOADS & SINON LLP
One South Market Square, 12th Floor
P.O. Box 1146
Harrisburg, PA 17108-1146
(717) 233-5731
Attorneys for Plaintiff
MCCOY BROTHERS, INC.
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
: NO. 2000-3442 CIVIL
CUP OF JOE, INC.
Defendant
: JURY TRIAL DEMANDED
PLAINTIFF'S REPLY TO NEW MATTER
AND ANSWER AND NEW MATTER TO COUNTERCLAIM
NOW COMES, Plaintiff McCoy Brothers, Inc. ("hereinafter "McCoy Brothers"), by and
through its attorneys, Rhoads & Sinon LLP, and files the within Reply to New Matter and Answer
and New Matter to Counterclaim as follows:
42, No response is required.
43. Denied. The allegations in Paragraph 43 contain conclusions of law to which no
response is required,
44. Denied. The contract attached to Plaintiff's Complaint as Exhibit "A" IS a
document that speaks for itself.
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45. Denied. The Contract attached to Plaintiff's Complaint as Exhibit "A" IS a
document that speaks for itself,
46. Denied. Any erroneous legal conclusions drawn from the Contract between the
parties are specifically denied. By way of further answer, the Contract between the parties is a
document that speaks for itself.
47. Denied. The allegations in Paragraph 47 contain conclusions of law to which no
response is required. By way of further answer, Plaintiff s Complaint is a document that speaks for
itself.
48. Denied. The allegations in Paragraph 48 contain conclusions of law to which no
responseisreqtrired.
49. Denied. The allegations in Paragraph 49 contain conclusions of law to which no
response is required.
50. Denied. The allegations in Paragraph 50 contain conclusions of law to which no
response is required. By way of further answer, it is specifically denied that Plaintiff failed to
perform pursuant to the Contract. The project was substantially completed and Cup of Joe was in
the restaurant and operating as per the Contract timeframe. Plaintiff, through change orders,
performed additional work after project completion, but such additional work did not prevent Cup
of Joe from operating.
2
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51. Denied. The allegations in Paragraph 51 contain conclusions of law to which no
response is required.
52. Denied. The allegations in Paragraph 52 contain conclusions of law to which no
response is required.
53. Denied. The allegations in Paragraph 53 contain conclusions of law to which no
response is required.
54. Denied. The allegations in Paragraph 54 contain conclusions of law to which no
response is required.
55, Denied. The allegations in Paragraph 55 contain conclusions of law to which no
response is required.
56. Denied. The allegations in Paragraph 56 contain conclusions of law to which no
response is required.
WHEREFORE, Plaintiff, McCoy Brothers, Inc., respectfully requests judgment in its favor
and against Defendant consistent with the relief requested in its Complaint.
ANSWER TO COUNTERCLAIM
57. Denied. The allegations in Paragraph 57 contain conclusions of law to which no
response is required.
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58. Denied. It is specifically denied that the Plaintiff's performance of the Contract
between the parties was substandard. To the contrary, the Architect on the project approved all of
the work. In addition, the work was approved by the Pennsylvania Department of Labor and
Industry. The remaining allegations in Paragraph 58 contain conclusions of law to which no
response is required.
59. Admitted in part and denied in part. It is admitted only that Plaintiff originally did
not install insulation behind the kitchen area. By way of further answer, the drawings for the
project did not show insulation behind the kitchen area. In September of 1999, with the approval of
the Architect, Plaintiff through its subcontractor, installed insulation behind the kitchen area by
removing the old roof on the building, installing insulation behind the kitchen area and installing a
new rubber roof, at no charge to Cup of Joe. The remaining factual allegations are specifically
denied.
60. Denied. The allegations in Paragraph 60 contain conclusions of law to which no
response is required.
61. Admitted in part and denied in part. It is admitted only that the pipes froze and
burst twice during cold weather. The first time the pipes burst, Cup of Joe left the exhaust fans on
over the weekend and thus the heat was extracted out of the kitchen. The remaining factual
allegations are specifically denied.
62. Denied. It is specifically denied that the absence of insulation made the portion of
the dining area close to the kitchen too warm to seat patrons during the summer months. By way of
4
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further answer, the insulation that was originally not installed was located behind the kitchen area
not the dining area.
63. Denied. Plaintiff is without knowledge sufficient to form a belief as to the truth of
the averments of this Paragraph and therefore the same are denied. Proof thereof, if relevant, is
demanded at the time of trial. By way of further answer, Plaintiff was never informed of or
invoiced by Cup of Joe for the burst pipes and cleanup efforts and additional heating and cooling
bills. In addition, Plaintiff repaired the drywall and repainted the ceiling, at no charge to Cup of
Joe.
64. Denied. Plaintiff is without knowledge sufficient to form a belief as to the truth of
the averments of this Paragraph and therefore the same are denied. Proof thereof, if relevant, is
demanded at the time of trial.
65. Denied. The allegations in Paragraph 65 contain conclusions of law to which no
response is required.
66. Denied. It is specifically denied that Cup of Joe has made claim upon Plaintifffor
reimbursement of the amount stated in Cup of Joe's Paragraph 65, which claim Plaintiff has
ignored.
WHEREFORE, Plaintiff, McCoy Brothers, Inc., respectfully requests judgment in its favor
and against Defendant consistent with the relief requested in its Complaint.
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NEW MATTER
67. Any damages suffered by Cup of Joe was a direct result of acts or omissions on the
part of Cup of Joe or its employees, agents or representatives.
68. Cup ofJoe's claim is bared by the doctrine of accord and satisfaction.
69. Cup of Joe's claim is barred by the doctrine of estoppel.
70. Any alleged claim against McCoy Bros. by Cup of Joe was satisfied by McCoy
Bros. when it undertook the aforementioned repairs which were accepted by Cup of Joe.
WHEREFORE, Plaintiff, McCoy Brothers, Inc., respectfully requests judgment in its favor
and against Defendant consistent with the relief requested in its Complaint.
RHOADS & SINON LLP
e
an
One uth Market Square
. O. Box 1146
Harrisburg, P A 17108-1146
(717) 233-5731
Attorneys for Plaintiff
6
JUL,-27'00(THUlI5:06
MCCOY BRaS, I NC
TEL: 7172412055
p, 002
VF.RIFICATION
Robl!rt Ganoe, deposes and says, subject 10 the penalties of 18 Pa. C.S. 94904 relating to
unsworn falsification to authorities, that the facts set foIth in the foregoing document are true ar.ld
correct to the best of his knowledge, infomuttion and belief.
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Robert Ganoe
Date: '1"....Ly ~i. 2.onn
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CERTIFICATE OF SERVICE
I hereby certify that on July 27, 2000, a true and correct copy of the foregoing "Plaintiff s
Reply to New Matter and Answer to Counterclaim" was served by regular fIrst class United States
mail and by United States certifIed mail, return receipt requested, postage prepaid, upon the
following:
Charles W. Rubendall, II, Esquire
Keefer Wood Allen & Rahal, LLP
21 0 Walnut Street
P. O. Box 11963
Harrisburg,PA 17108-1963
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MCCOY BROTHERS, INC.,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
CIVIL ACTION - LAW
CUP OF JOE, INC.,
Defendant
No. 2000-3442 Civil
DEFENDANT'S REPLY TO NEW MATTER
ASSERTED BY PLAINTIFF IN ITS ANSWER
TO DEFENDANT'S COUNTERCLAIM
NOW COMES defendant, Cup of Joe, Inc., by and through its
attorneys, Keefer Wood Allen & Rahal, LLP, to file its reply to
the new matter asserted by plaintiff in its answer to defendant's
counterclaim, averring as follows:
67. Denied. No damages suffered by defendant were the
result of acts or omissions on its part or on the part of its
employees, agents or representatives. On the contrary, all
damages suffered by defendant, as outlined in its answer with new
matter and counterclaim, were caused by plaintiff and plaintiff's
employees, agents, and representatives.
68. Denied. This averment sets forth a conclusion of law
with which defendant disagrees. Should the court determine that
a response on the merits is required, defendant asserts that its
claim is not barred by the doctrine of accord and satisfaction.
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69. Denied. This averment sets forth a conclusion of law
with which defendant disagrees. Should the court determine that
a response on the merits is required, defendant asserts that its
claim is not barred by the doctrine of estoppel.
70. Denied. This averment sets forth a conclusion of law
with which defendant disagrees. Should the court determine that
a response on the merits is required, defendant asserts that its
claim was not satisfied by plaintiff's repairs, whether accepted
by defendant or not.
WHEREFORE, defendant, Cup of Joe, Inc., respectfully
requests judgment in its favor and against plaintiff consistent
with the relief requested in its answer with new matter and
counterclaim.
Respectfully submitted,
Dated: August 22, 2000
KEEFER WOOD ALLEN ~'"
By C('~-::dall II
I.D. # 23172
Donald M. Lewis III
I.D. # 58510
210 Walnut Street
P. O. Box 11963
Harrisburg, PA 17108-1963
717-255-8010 and 255-8038
Attorneys for defendant
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VERIFICATION
The undersigned, Jerry H. Bogar II, hereby verifies and
states that:
1. He is President of Cup of Joe, Inc., defendant herein;
2. He is authorized to make this verification on its
behalf;
3. The facts set forth in the foregoing reply to new
matter are true and correct to the best of his knowledge,
information, and belief; and
4. He is aware that false statements herein are made
subject to the penalties of 18 Pa.C.S. Sec. 4904, relating to
unsworn falsification to authorities.
dt6:;p
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Jerry H. Bogar II
Dated: August~, 2000
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CERTIFICATE OF SERVICE
I, Charles W. Rubendall II, Esquire, one of the attorneys
for defendant, hereby certify that I have served the foregoing
paper upon counsel of record this date by depositing a true and
correct copy of the same in the United States mail, first-class
postage prepaid, addressed as follows:
Dean F. Piermattei, Esquire
Rhoads & Sinon LLP
One South Market Square, 12th Floor
P. O. Box 1146
Harrisburg PA 17108-1146
KEEFER WOOD ALLEN & RAHAL,
~~f
Charles W. Rubendall II
LLP
By
Dated: August 22, 2000
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MCCOY BROTHERS, INC.,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
CIVIL ACTION - LAW
CUP OF JOE, INC.,
Defendant
No. 2000-3442 Civil
ORDER
AND NOW, this
2.51~
day of April 2001, IT IS HEREBY
ORDERED that a settlement conference in this matter and related
litigation shall be convened, woiLtk rj..,,,, P~ngraBlc l~ t.h ?....lavS, S
;S-"lo'- ole.,.. fjreaiciiBg, on -m~ 7 ,2001,
commencing at ~/p.m. The attorneys for the parties
identified above are directed to appear at said conference with
full settlement authority or with principals of the respective
parties immediately available by telephone to provide settlement
instructions as the conference progresses.
BY THE COURT:
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MCCOY BROTHERS, INC.,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
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CIVIL ACTION - LAW
CUP OF JOE, INC.,
Defendant
No. 2000-3442 Civil
DEFENDANT'S PETITION FOR SETTLEMENT CONFERENCE
NOW COMES defendant, Cup of Joe, Inc., by its counsel, to
request this Honorable Court to schedule a settlement conference
in this matter, averring as follows:
1. This action is a contract dispute arising from
construction work that plaintiff performed at defendant's place
of business in Carlisle.
2. Plaintiff claims that it has not been paid in full for
that construction work.
3. However, defendant has filed a counterclaim, asserting
that it lost considerable business in its restaurant operation
because of construction errors that were made by plaintiff.
4. Plaintiff's claim, according to the complaint, is in
the amount of $20,000, plus interest and attorney's fees; the
counterclaim seeks approximately the same amount.
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5. The parties are engaged in discovery, but are cognizant
that the costs of proceeding to trial may dwarf the amounts at
issue.
6. Settlement negotiations have been underway for some
months, with some progress toward a compromise figure having been
made by the parties.
7. Nevertheless, no settlement has yet been achieved, and
the parties are at a point where expensive discovery will need to
go forward if a settlement in not promptly resolved.
8. There is a related action filed by Cup of Joe, Inc., in
the Court of Common Pleas of Cumberland County, to docket number
99-4900 Civil, that will be appropriately concluded as part of an
overall settlement between the parties.
9. Furthermore, plaintiff in this action has also filed a
related mechanics' lien claim against defendant, docket number
00-2795 MLD Term, which also should be settled as part of an
overall arrangement between the parties.
10. Defendant believes that because a gap of several
thousand dollars remains between defendant's highest offer and
plaintiff's lowest demand, the intervention of the Court will
likely assist the parties in achieving a mutually satisfactory
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compromise and allow the resolution of all three of the actions
pending in this Court.
11. Plaintiff's counsel (Mr. Piermattei) has indicated that
he concurs in defendant's request for the scheduling of a
settlement conference.
WHEREFORE, defendant respectfully requests this Honorable
Court to schedule a settlement conference in this matter, with
the understanding that the two other actions identified above in
paragraphs 8 and 9, will also be resolved in the context of a
settlement of the instant action.
Respectfully submitted,
KEEFER WOOD ALLEN & RAHAL, LLP
Dated: April 11, 2001
By
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Charles W. Rubendall II
Donald M. Lewis III
210 Walnut Street
P. O. Box 11963
Harrisburg, PA 17108-1963
717-255-8010 and 255-8038
Attorneys for defendant
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CERTIFICATE OF SERVICE
I, Charles W. Rubendall II, Esquire, one of the attorneys
for defendant, hereby certify that I have served the foregoing
paper upon counsel of record this date by depositing a true and
correct copy of the same in the United States mail, first-class
postage prepaid, addressed as follows:
Dean F. Piermattei, Esquire
Rhoads & Sinon LLP
One South Market Square, 12th Floor
P. O. Box 1146
Harrisburg PA 17108-1146
KEEFER WOOD ALLEN & RAHAL, LLP
By
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Charles W. Rubendall II
Dated: April 11, 2001
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McCOY BROTHERS, INC.,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
CUP OF JOE, INC.,
CIVIL ACTION - LAW
NO. 2000-3442 CIVIL
Defendant
JURY TRIAL DEMANDED
PRAECIPE TO DISCONTINUE
To: Curt Long, Prothonotary
Kindly mark the docket in this matter as settled,
discontinued and ended with prejudice.
::EFER WC;;~?; '"
Charles W. Rubendall II
210 Walnut Street
P.O. Box 11963
Harrisburg, PA 17108-1963
(717) 255-8010
RHOADS & SINON LLP
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De" :lermattei
One South Market Square
P. O. Box 1146
Harrisburg, PA 17108-1146
(717) 233-5731
Attorneys for defendant
Attorneys for plaintiff
Dated: ct!J,i(OI
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