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Home My WebLink About03-0566GRANT ELECTRICAL CONTRACTING INCORPORATED; and, Al,AN UNGER Plaintiffs EICHELBERGER CONSTRUCTION INCORPORATED; and, DAVID WHITESEL Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No: 03~ 5~L ~ ~'~ EQUITY MOTION FOR PRELIMINARY INJUNCTION AND NOW, comes Plaintiffs Grant Electrical Contracting Incorporated and Alan Unger, by and through their attorney, J. Michael Sheldon, Esquire, and respectfully moves this Court for a Preliminary Injunction pursuant to Pa.R.C.P. 1531, and in support thereof avers as follows: 1. Plaintiffs COMPLAINT IN EQUITY is incorporated herein by reference in its entirety as though fully set forth at length. A true and correct copy of Plaintiffs Complaint is attached hereto, made a part hereof, and marked as Exhibit "1." 2. The Defendants have refused and continue to refuse to allow Plaintiffs ,'access to the work site at 415 Franklin Street, Carlisle, Cumberland County, Pennsylvania, ,~n order to complete required work, obtain payment for service completed and retrieve all ?quipment or personalty owned by Plaintiffs, their agents, representatives and personnel. 3. Unless such improper conduct of the Defendants is immediately :enjoined, and Plaintiff is granted relief as requested. Plaintiff will be irreparably injured in Shat: (a) Plaintiffs have lost and will continue to lose substantial payment for work completed; GRANT ELECTRICAL CONTRACTING INCORPORATED; and, AT,AN UNGER Plaintiffs Yo EICHELBERGER CONSTRUCTION INCORPORATED; and, DAVID WHITESEL Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No: o z - c EQUITY .COMPLAINT IN EQUITY AND NOW, come Plaintiffs, Grant Electrical Contracting, Inc., and Alan Unger, by and through their attorney, J. Michael Sheldon, Esquire, and files this Complaint in Equity based upon the following: 1. Plaintiff Grant Electrical Contracting Inc., is a Pennsylvania corporation with its principle place of business located at 610 Alexander Spring Road, Carhsle, Cumberland County, Pennsylvania, 17013. Plaintiff is engaged in business as an provider of electrical contractor services. 2. Plaintiff Alan Unger is a private individual employed as the president of Grant Electrical Contracting, Inc., with his principle place of business located at 610 Alexander Spring Road, Carlisle, Cumberland County, Pennsylvania, 17013. Plaintiff is engaged in business as an electrical contractor. 3. Defendant Eichelberger Construction Inc., is a Pennsylvania corporation with its principle place of business located at 124 West Church Street, Dillsburg, York County, Pennsylvania, 17019-0459. Defendant is engaged in business as a provider of construction services. served as a "Notice to Cure" unspecified defects no later than January 15, 2003. A copy of the letter is attached hereto, made a part hereof, and marked as Exhibit "B." 10. Plaintiffs promptly replied to Defendants' on the same day, January 07, 2003, outlining--among other things--Defendants' failure to provide a proper facility necessary to the completion of Plaintiffs work, Defendants' failure to pay Plaintiffs for work completed, a request for clarification of certain Defendants' demands, and notice of work already completed but which Defendants claimed had not been completed as of that date. A copy of the letter is attached hereto, made a part hereof, and marked as Exhibits "C-1" through "C-6." 11. On January 31, 2003, Defendants notified Plaintiffs by letter that: Defendants would take over all remaining work of Plaintiffs; Plaintiffs were discharged from all further duties at the project site; that no Plaintiff personnel were to be admitted to the construction site; that no materials belonging to Plaintiff were to be removed until project completion by Defendants; and that no further payment for Plaintiffs' completed work would be forthcoming. A copy of the letter is attached hereto, made a part hereof, and marked as Exhibits "D-I" through "D-2." 12. Defendants actions excluding Plaintiffs from the work site, denying Plaintiffs access to theft property and refusing payment have caused and will continue to cause irreparable harm to Plaintiffs' business and valuable goodwill in that: (a) Plaintiffs have lost and will continue to lose substantial payment for work completed; Plaintiffs have suffered and will continue to suffer a substantial and severe loss of profits now and indefinitely in the future; (c) The aforementioned conduct of the Defendants will continue in violation of the aforesaid Agreement unless enjoined by this Court. 13. Plaintiff has no adequate remedy at law to protect its business and property rights and restraint by injunction is necessary to afford adequate relief and prevent further harm to Plaintiffs. WHEREFORE, Plaintiffs pray for this Honorable Court to decree and direct as follows: That an injunction issue preliminarily enjoining Defendant ECI Construction from continuing all work as outhned in Plaintiffs' Subcontract Agreement #02.264.161, dated April 29, 2002 (Exhibits A-1 through A-4); That Defendants be required to account to Plaintiff for all work and profits derived from usurpation of Plaintiffs' duties outlined in Subcontract Agreement #02.264.161, dated April 29, 2002; That Plaintiffs be awarded costs. That Plaintiffs be granted such other relief as this Court may deem appropriate. DATE: February 06, 2003 Respectfully submitted, J. Michael Sheldon, Esquire Pa. ID #83098 6059 Allentown Boulevard Harrisburg, PA 17112 Tel: (717) 657-3464 Fax: (717) 671-1258 Attorney for Plaintiff GRANT ELECTRICAL CONTRACTING INCORPORATED; and, ALAN UNGER Plaintiffs EICHELBERGER CONSTRUCTION INCORPORATED; and, DAVID WHITESEL Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No: EQUITY CERTIFICATE OF SERVICE I, J. Michael Sheldon, Esquire, hereby certify that I served a true and correct copy of the foregoing COMPLAINT IN EQUITY via United States mail, first-class postage to the following: Eichelberger Construction 124 West Church Street Dillsburg, PA 17019 and by hand-delivery to: David A. Whitesel, Project Manager Eichelberger Construction Inc. 415 Franklin Street Carlisle, PA 17013 DATE: February 06, 2003 Respectfully submitted, J. Michael Sheldon, Esquire Pa. I.D. # 83098 6059 Allentown Boulevard Harrisburg, PA 17112 Tel: (717) 657-3464 Fax: (717) 671-1258 Attorney for Plaintiff GRANT ELECTRICAL CONTRACTING INCORPORATED; and, ALAN UNGER Plaintiffs EICHELBERGER CONSTRUCTION INCORPORATED; and, DAVID WHITESEL Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No~ EQUITY VERIFICATION STATEMENT ! verify that the statements made in this COMPLAINT are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. Ann. § 4904, relating to unsworn falsification to authorities. Date: February 06, 2003 Alan Unger, President Grant Electrical Contracting Inc. U2/05/2003 02:44 7172432799 GRANT ELECTRIC PAGE 02 RECEIVE ? 3 124 West Church Street, P.O. Box 459, Dillsburg, PA 17019.0459 · Phone: (717) 432-0864 · Main Office Fax: (717) 432.0945 C~eneral Conso'uetion Estimating Fax: (717) 502-8705 · Communications DepL Fax: (717) 432-0894 · Service Dept. Fax: (717) 432-089. SUBCONTRACT AGREEMENT #02.264.16! CONTRACTOR: Grant Electrical Contracting, Inc. 610 Alexander Spnng Road Carlisle, PA 17013 CONTACT: A lan Unger Phone: (717) 243-2728 Fax: (717) 243-2799 DATE: April 29, 2002 JOB NAME/LOCATION: Renovation And Additions To Carlisle Community Center Department of Parka -,nd Recreation 415 Fronklin Street Carlisle, PA 17013 PROJECT MANAGER: David A. Whitesel Phone: (717) 432-0864, Ext. 386 Fax; (717) 432-0945 Email: daw~eciconstruction, corn SUPERINTENDENT: Will Wolfe Mobile: (?i?) 648-1154 ~ Jobsite Phone: WiU Advise ~ OF' WORK: ] To furnish all labor, material, and equipment to perform all electric work ns per plans, specification seotions 02221, 16010, 16060. 16140, 16400. 16500, 16720, 16730, 16740, any related addenda complete including but ~ot limited to the following: I. Supervision. 2. Performance and PaYment Bond. 3. Design, as required. 4. Permits and fees. 5. Layout nad eoordinatmn. 6. Underground telephone service, as required. 7. All excavation and backfill for your scope of work. 8. Concrete encasement as r~quircd for your scope of work. 9. Eater/or lighting fixture with lamps. I0. Light poles. I I. Concrete light bases. 12. Demolition for your scope of Work. 13. C°nduit. fiRin~, and hangers. 14. Installation of fixtures and devices as specified. 15. F.L'~ alarm,, system (~amptr and flow switches provided b otb !6. Temp~ora~ Ii~hting. y ers). .~r, [o. rtreprootmg of)our Own work, " ' . 19. Al[ permits and inspcctions required for your scope of work 20, Temporary power connection hook.up to orl site office trailer, w w w.ecicon.~trucdon, corn ~ztub/2003 ~2:44 7172dB2799 GRANIT ELECTRIC PAGE 2 L Safety widng °f lighl fixtumS £or both exi~ling ~ights to stsy and new lights seht, duled. -22. Saw cutting of'paveme~l as ~quired for you~ scope of work. 23. Pewer wi~ng and disconnects for HVRC ~uipmen~ 24. Winng of flow and low ptessu~ swltc~ for ~pnnkle~ ~2~em. 25. Miscellaneous equlpm~t pow~ winng and book up. 26. Phone and ~ wi~g, j~ks lnd ~inalion~ at punchdown bl~. 27. CCTV S~tem, 28, New secu~ ~l~m complete. 29. Ca~ nc~ss system complele, 30. Clean up of misted debris including ~posal off site. 3 I. ~ave materials delivered w~en required. ~o stom~ is available onjobsite, lfdelive~ is man~to~ p~or to ins~llalion, this Subcont~ctor will have to pro,de ~quimd sm~gc facilities. Phased pmje~s should have mate~ ship~d in phases unless sto~ is pmvi~d. FOR THE SUM OF: ONE HUNDRED TWELVE THOU$~4ND SIX HUNDRED THIRTY SIX DOLL/IP~ ,4ND 0o/]oo ................................................. ..... ' ...................................... $112,~$~.00 I. Paymtnt wilt be made within seven days on this Subcontract aRer psymer~t (or said wo~ i~ ~eived by ECl f~ the ~ner. pa~t c~les take 30/45 da~ from ECl invoice date. 2- 10% re~alnage will ~ ~ld umil it is released from the A~hitect or ~ner and pa~ent m~e to ECl (provided work i~ place by Subcon~clor meets contact s~eifieations). 3. All in~ices s~ll be subml~ed ~n A.I.A. format and reflect ~taina~ ~ listed 4. All invoices should be submlt~d no lair than the 25a oreaeh month, 1. D~n~: ONE COMPLETE SET (picbed up by Gram Ele~c on 4/24/02). 2. Speci~cationz: 0222]. 16010. 16060. 16140, 1~00, 16~00, ~6720, ~5730, and 16740. 3. Addenda: ~i and 4. Prevailing wage 5. Mate~al supplier certificate and waiver ofli~ ec~wl~dgemem 6, U.S. ~aflme~ of ~bor- paoli c¢~ifi~/ion fo~. ' 7. Application a~ Ce~Jficate for Payment (AIA d~ument G702) and Contin~ion She~ (AIR documenl 8. ln~ance require~ 9. Accounting invoice MEMO. 10. ECl ~1 oppo~ni~ empIo~em leuer. RELATED DOCUMENTS: I. General conditions. D2/05/2003 02;4~ ?1724}2799 GRANT ELEOTRIC PAGE 84 ~"SUBMIS$1ONS REQUIRED: 1 I. Please sign, date, and retnrn one copy of this Subeontreel to this oflice. This Subcontract is not valid until an executed copy is received by this o~ce. 2. AI~ Ce~i6¢ntes of Insurance with sp~ ~ed covc~ a~un~, itnny (~qui~m~ a,ached) mint be mc~ved by this o~ce p~or to commencing work and ECl must be named ns an '~ifonal named insu~d" on n pnmn~ ~nd non~ontHbulo~ be/is. 3. Submit any applicable MSbS sheets to this of~ce p~or to ~liv~ of applicable mate6~[s. 4. Martial ~uppller ~i~cato and waiver ofllen acknowled~ent orpa~ent from all major mate~nl supplm~ a~ ~quJ~d p~Or pn~ent of each monthly invoice after 50% of subcon~ is complete. 5. Ple~e submit ~ (3) copies of ~he Weekly PaOli Repon~Cenificadons. 6. Pmd~cVMate~el subtotals Descrlpll~ Literature/Data (8 ~o~ies) * ~ext Repo~ (~ copl~) e /nst~ctio~ (~ e 0 & M Man ual~ (~ ' Catalog Cue (~ ~ Cert~cations (8 * Color Sampte~ (4 s*mpl~) ~ ~arranties (~ cellos) * Coordination Sched~tle (~ 7. geffo~anea and pa~em bond must be ~eeived by this 0ffie~ p6or to thl, sub~ntmelor sta~ing any wo~. 8. AH Subminals are re~imd ASA~, bm ae Islet ~haa ~o (2) wee~ f~m l~e da~ of thl~ Subeoatrae[ A~ dela~ incu~d due to late submissioni will be the responsibility of this I no s, ] 1. Comple~on Date: Subcontractor shall achieve total project completion not later than D~ember 16, 2002. How~er the 2. second floor shall be totally complet~ no later than August 25, ~002. Liqui~ted Damages: A penalty of :$250.00 ~r day will be as~ssed for each day the ~ond floor area is not completed a~er the August 25, 2002 establish~ completion day aa establish~ in the prOJ~t specifications T~ remalnin~ work that is not completed before the final completion day, December 16, 2002, will result In Liquidated Damales As Assess~. 3. ~is subcontract tamales an equal o~o~uni~ provision in which you n~e ~1 to dis~mina~ a~in~ any ~plo~e or applicant for emplo~em because of race, color, ~li~, sex. national origin, a~. di~biIity, han~cap or VJ~nam Em Ve~mn's sta~s. 4. All work in noon,anco with OSHA ~ ~ ECl ~y Pm~. (Copy of ECl ~fety ~m will be ~st~ on job site). 5. ECI's H~ Communi~tions Pm~m will ~ available at our job site o~ee fm all ~ons worki~ on th~ pmj~t. Have all your emplo~ con~ our Su~dnt~n~ on t~it imfial visit to the job site so ~ey may become famili~ with our pm~m and ils location. All penons workin~ on our job s~tes will ~ ~uimd to ~ew our program and ~knowled~ they am f~Jliar ~h our pm~am and its l~ation. 6. Prevailing Wage Rat~ apply to this 7. Use of fomJ~ steel and aluminum pr~u~s is p~hibit~ on this pro~ect. ~Js Subcontract constitutes t~ entJ~, excluiive ~ment ~d its ~e~s take p~ed~ee o~r any eonfllcting te~ in the Subcontmc~r's documentation. 2. ~is Subcon~a~or will be held liable for any liquidated dama~ nsse~ed ngai~t ~e c~ct~ ~ a ~ult of late 3. Any and all expressed wa~nties ~de by this Subcont~ctor ~ Su~omtactor's supplier will be ~si~d to the project 4. ~ni~ Subcontractor a~es to indemni~ and hold the coat,clot ha~less f~m any Jos~ or claims ca,ed by Ibis Subcont~ctor's defective ~O~ance. 5. If this Sub~nt~ct is not executed and mtum~ within foune~ (14) calendar days of ~ei~, ECl ~s the ~sht to void this Subcont~c~. 6. If a Subcon~ac~r be~s to ~ffo~ wo~ under thc Subconlra~ without executing ~e Su~ontmct, Iht Subeommctor iS deemed to be pcrfo~in~ un~er all te~s and condffions contained in thc SubcontmcL GPANT ELE~ RIC PAGE 05 7. ECl shall have thc right to terminate this Subcontract Agreement and to hire another Subcontractor to perform the incomplete portion of the work should the Contractor fail to perform its obligations under this order. ECl sha~l also have the right to recover any and all Josses or damages, including attorney's fees, re~ultin8 from the Subcontractor's breach of contract. Any amount dete~mioed to be due ECl by any arbitration panel, court, or through an), other dispute resolution technique shall beat interest from the date the breach occurred a~ the maximum rate permitted by the usut7 laws of the applicable jurisdiction. T~e above specified pro. jeer is to be completed in strict conformance with all specifications and conditions relating to this agreement. addition, the project i~ to be performed in cempliance with OSHA Regulations and local, State and national building codes. Although the contractor has control over thc quality of all work relating to this project, the Subcontractor is nn independent contractor in all respects. The Subcontractor is re.sponsible ~'or his employees, his subcontractors, materials, equipment and all applicable taxes, benefi~ and ~nsurances. T~ Subcontractor ~s rc.~pons~bl~: for coordinating ~is activity with created by his work. other trades and promptly, cleaning up any surplus or refuse which was Sube°~ran~, Inc. Contractor: (Signature) (Prl~tm] Name and Title) (Date) Mark A, Yinger, Vice President- Estlmstln[ (Printed Na~e sad Title) (Date) ~ ~Original and Copy to Subcontructor eCopy to File eCopy to Field eCopy to Project Manager 7172432799 ELECTRIC PAGE Ill ecl Construction J4nuary 7, Mr. Alan Unser Ornm Electri~'l Conrr~tin~. 1,c. 610 Alcxlndcr Sl~'ing Rom:[ CarlJale, PA RE: C~I~ Co~ky C~er Cmlixl~, ~A ~t this letter ~e ~ n Notke to Cu~ to ~t El~trlcal C~ntr~in& Inc. tkom ec/Co~truct~n. ~ ~ imitative co.icrc sco~ of work thal ~t E~cal ~ on s~e w~hin 24 hours to Jn~uA~ 15, 2~1 mc~ding puDChlist he~. Ail ire~ aJ~ to ~ ~lcfc by If at nny ti~ Carl~ Con~hunity C~ or ~iCofl~truction is not ~tisfi~ with the progre~% ~ur Su~ontr~ Agrcc~nt ~02,2~. l 5l will be t~nated. No J~ni~ will ~ ~kKUcd tO ~r firm umil lf~u ~c ~ questions, P~e ~nfn~ our o~ce at 717~32-~, e~e~ion ~. Si~ely, David A. White,el Pro~ect Manager TOTmqL ~2t03/2003 03:16 7172432799 GRANT ELECTRIc GRANT January 7, 2003 PAGE 02 ~L. EcTIllCAL CONTRACTING, INC. ' Eichelberger Construction Inc. Attn: David Whitesel 124 West Church Street P.O. Box 459 Dillsburg, PA 17019-0459 Re: Carlisle Community Center Project Dear Mr. Whitcsel: I~ response to your notice to cure, we take exception to your remedy. This is the first contact you have made with our company regarding this episode of failure to lmy as p~r our contract. During the short duration of this project, we now have three episodes of failure to pay as per contract, thc last of which you hand delivered a check. This marks the third time that wc had to stop work in order to get paid. We will be more than happy to fulfill our contractual obligations if and when your company fulfills its contractual obligations by mak/ng progress payments as applied for. Wc have three months of outstanding application for payment. We were not made aware of any reason for non payment with these certified applications until now and do not feel that they are valid rca,sons. We have a total outstanding balance of $21,710.00, Thc minor items le~ to complete on this project will not total 10 % of this balance, so please forward our outstanding monies due and then we will complete this project. The punch list has several completed items on it and scv~-al items needing clarification. We have amended the punch list with completed items and included comments for some items. Please review this list and respond. Sincerely, )/ Alan G. Linger, President Cc: Tom Ludwig Mik~ Keiscr Michael Sheldon, Esq. INDUSTRIAL RESIDENTI~. 82/03/2003 03:16 7172a32799 GRANT ELECTRIC PAGE 05 REMOVE EXISTING FIRE ALARM ABANDONED IN ART ROOM. EXTERIOR THE STAFF NEEDS TO HAVE AN INSTRUCTION PERIOD ON THE FIRE ALARM SYSTI~M, Please advi~e of preferred time TYPE J FIXTURE IS MISSING FROM THE OUTDOOR SIGN. PHOTOSWITCH IS MISSING FROM THE O~R LIGHTING CONTROLS. Cl~f~ RECEPTACLE IN NORTHWEST CORNER OF WAITING RM. 127 IS WIRED INCORRECTLY. RECEPTACLE IN NORTHWEST CORNER OF WAITING RM. 127 IS WILLED INCORRECTLY. RECEPTACLE IN OFFICE 128 (HOMERUN PR-22) IS NOT ON. REASON NOT KNOWN. THE ELEVATOR CAB LIGHTING DISCONNECT SWITCH IS USED. THIS MUST BE NEW EQUIPMENT. It is new IT IS JUST DIRTY WE WILL REPLACE A FIRE ALARM PULL STATION WAS SHOWN ON THE WRONG WALL ON THE DRAWINGS. (WAITING RM. 127), IT WAS INSTALLED THAT WAY. DAVE WH/TESEL ASKED FOR IT TO BE MOVED BEFORE THE L&I INSPECTION. Done change order forthcoming A HEAT DETECTOR WAS NOT SHOWN IN THE ELEVATOR EQUIPMENT ROOM. A HEAT DETECTOR NEEDS TO BE INSTALLED IN THIS SPACE. Chsnge order forthcoming Page 1 02/83/2003 83:16 ?172432799 GRANT ELECTRIC PAGE 2 86 THE SWITCHES FOR THE STAGE LIGHTING NEED TO BE LABELED. Was not called for PANEL SCHEDULES NEED TO BE TYPED AND INSTALLED. Typed and will be installed BOILER ROOM _OO4 PROTECTIVE ~OVERS ON SMOKE ALARMS NEED TO BE REMOVED. SCREWS MISSING FROM TROUGH ABOVE PANELS ON NORTH WALL AT ELECTRIC SERVICE. FORMER TELEPHONE PLYWOOD BACKER BOARD NEEDS TO BE REMOVED. ITEM TO BE COMPLETED BY BOROUGH AS PART OF ELECTRICAL CONTRACT COMPLETED BY SPRINT DUE TO GRANT DELAYS. What did we delay?. This backboard was not scheduled to be moved. Change order forthcoming NORTH WALL ELECTRICAL CONDUIT THROUGH RATED WALLS NEEDS TO BE PATCHED. GENERAL CLEAN UP AT CRAWL SPACE HEADING TOWARD LOCKER ROOMS FROM BASEMENT. SECURITY SYSTEM NEEDS TO BE COMP!-~TED FOR EXIT DOOR. MISSING ELECTRICAL SWITCH PLATE FROM SOUTH WALL ADJACENT TO DOOR 110. CORRIDOR 103 SOUTH EX_ISTrNG MOTION DETECTOR STILL FUNCTIONAL. NEW MOTION DETECTOR IN PLACE. WIRE IS RED-PAINTING WILL NEED TO BE DONE WHEN EXISTING MOTION DETECTOR IS REMOVED, AT THAT TIME WIRE SHOULD BE PAINTED TO MATCH. Page 2 02/03/2003 03:15 7172492799 GRANT ELECTRIC PAGE OB ST-3~ ADDITIONAL WORK BY GRANT ON THE SAME STAIR TOWER RELOCATING EXIT SIGNS. No relocation shown on dwg please advise of new location AND WE WILL PROCESS A CHANGE ORDER EXTERIOR OF BUmDING-ELEVATIONq EXTERIOR PERIMETER OF THE BUIZDING-GENERAL CLEAN UP. LIGHT NEEDS TO BE INSTALLED FOR SIGN. GENERAL NOTE FOR ALL ELECTRICAL PENETRATIONS THROUGH EXTERIOR WALLS: NEED TO BE CAULKED IN BY ELECTRICAL CONTRACTOR, ELECTRICAL CLEAN UP AT UNIT BY SOUTH SIDE OF ROOM 108. SOME ELECTRICAL WIRE FROM GRANT LAYING ON THE GROUND NEXT TO THE UNIT. GENERAL ITEMS CAULK ALL WIRING COMING OUT OF MASONRY WALLS AT ALL CONDENSING UNITS. ELECTRICAN NEEDS TO PATCH AND SEAL ALL PENETRATIONS THROUGHOUT THE BUILDING FIRE ALARM SYSTEM-EXISTING SYSTEM NEEDS TO BE REMOVED. DUST COVERS ARE MISSING FROM ALL FIRE ALARM EQUIPMENT. clarify PANEL SCHEDULES OF EXISTING PANELS HAVE NOT BEEN RETYPED. Done need installed OLD MOTION DETECTORS HAVE NOT BEEN REMOVED. LAMPS HAVE NOT BEEN REPLACED IN TYPE A FIXTURES. SWITCH PLATE MISSING IN BOILER ROOM. Page 4 GRANT ELECTRIC PAGE 03 Construction JJnuary 3 I, 2003 Mr. Alan Un~cr Grsnt Ele¢lrJeat Centrncting, lac. 610 Alexand~. Spring Road Cra'lisle, PA 17013 Re: Carlisle Community Center Job # 2264 £rie Insurance Bond # 01~9 22{)0765 Dear Ms'. Unger: Effective imsredia,,el~,, o~iConstruction will be completing all of Grant Electrical Contracting, Inc. 's remaining work at the Carlisle Cmnmunity Center a~ charging all incurred c~ts to the S 13,427 80 retaining bala~e nn t~h' contract, Of this re~ining balance, of the end ofll~e la~t hilling e~;le which end~ on Debt. er 30, 2002. [ftbc~ retraining ffmds do hal ~ver 1~ m~st e~con~leling and ~lT~illg Gra,l".~ work, a claim will ~ This decision wus made aries' eciC'.on~ru¢fion's auperlntcndcnt di,~'overed on January 30, 2003 lhat many ch'cuils (in multiple ¢le~.'icat panela on tilt, project} have boon mislnbered and l~avc put the owner anti other enntmctor,s at risk. Thi.s is 111¢ taat of' several in¢idouls in which Grsnt £1~tical Contracting, Inc. lm,~ failed to fulfill their ¢ontmctu~,! obligations as ~hown in the Iisi below: 1. Pailur¢ to mcct the contract completion date of December 16, 2002 2. F:ilur¢ ~o maintain cxi~tinl~ ~ir cenditioning utilil:ie~ tb~ thc ownel'~ 3. FaJItn'e to complele the phone ~ystcrn installation a.~ required ~or owner OCCUpancy 4 Failure to complete the punchli~t items m a timely ~n~cr F~fi]ure to ~lfill all commilments that Grant Electrical C. ont~cling, lac. ma& in ~:s~n~ lo eciConstru~ion's Intent lo Cm¢ notice ~nt on Jausry ~, 2003 6 Failed on two different o¢~simts to provide eent~c~t~ egpir¢d 7. Reputedly over billing of t~ pr~k~t n~ 100% complol'~ EXHIBIT 81/31/2803 R4'85~ ..7 ~'~ ~ , ~,.~ GRANT ELECTRIC may bc re~ved by Oran: Eteclri~l Contractin co. Ieee by the Archi~ .~ ~,~ ........... g .. t:l the P~olect i~ deemed personal ~l ...~ .,, ~,,~s a,e pa~d. Sub~que~ly, ~{o Orant El~/r,cal are to ~ on site ~or ~y bosine.~ ~[-taining to this contract. Any outsta~ld{ng pa~ork r~uir~d by contract (inspection cerd~cates ec~Co,~tuction imi~d{ately, to exp~itc the re~olution of thfs {~you have ~ny questions ~o~emmg t{]i~ matter 63~-33 ~6 or my ccli phone 717.~3.5~48, Sincerely, d~ ~vid A. Whitemcl P~J~: Manager daw(i~eci~nstmct ion,cum ¢c: i~ric Imuraltce/Shincr Insurance Mike Kei~er, Borough of Carlisle Tom ~dwig, Cianr~hl & 8choli Archflectu~'ll As~ci~es, LLC' To~ Rother~l, Pr~idem ec~onstruc:ion Ch*is Reifs~cck, ~iCo.~mctio. Puflc~Jiil Supervisor PAGE 04 P. 0]./03 TOTAL GRANT ELECTRICAL CONTRACTING INCORPORATED; and, .~T.~3,~' UNGER Plaintiffs EICHELRERGER CONSTRUCTION INCORPORATED; and, DAVID WHITESEL Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA EQUITY RULE AND NOW, this I0~(5/k day of ~'9~"tl~O~t~~ , 200.5 in 0 consideration of the within Motion for Preliminary Injunction, a Rule is hereby entered upon Defendants to show cause why the Preliminary Injunction should not be granted as prayed for in the within Motion. Rule returnable the ~a--/ pm in Courtroom ~ day of J~, at I;%0 , Cumberland County Courthouse, Harrisburg, Pennsylvania. Distribution: Plaintiff: J J. Michael Sheldon, Esquire, 6059 2~entown Boulevard, Harrisburg, PA 17112 Defendants: /Eichelberger Construction Inc, 124 West Church Street, Dfllsburg, PA 17019-0459 IYliehael SMIcl. oO, FEB 12 2003 GRANT ELECTRICAL CONTRACTING INCORPORATED; and, ALAN UNGER Plaintiffs Yo EICHELBERGER CONSTRUCTION INCORPORATED; and, DAVID WHITESEL Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No: 03-566 EQUITY ORDER AND NOW, this day of , 2003, in consideration of the within MOTION FOR SPECIAL TEMPOR~RY INJUNCTIVE RELIEF, Defendants shall allow Plaintiffs full and complete access to the work site located at 415 Franklin Street, Carlisle, Cumberland County, Pennsylvania, for the purpose of retrieving all of Plaintiffs' equipment, commercial or otherwise, and ail1 supphes owned by Plaintiff. The Defendants and their assigns also are enjoined from performing any work otherwise contracted for with the Plaintiffs until this Court hears testimony in the immediate matter on February 28, 2003. BY THE COURT: Distribution: Plaintiff: J. Michael Sheldon, Esquire, 6059 Allentown Boulevard, Harrisburg, PA 17112 - Defendants: x.~J~ ~ ~. Eichelberger Construction Inc, 124 West Church Street, Dillsburg, PA 17019-0459 David Whitesel, c/o 124 West Church Street, Dillsburg, PA 17019-0459. GRANT ELECTRICAL CONTRACTING INCORPORATED; and, ALAN UNGER Plaintiffs Vo EICHELBERGER CONSTRUCTION INCORPORATED; and, DAVID WHITESEL Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No: 03-566 EQUITY REQUEST TO WITHDRAW ACTION TO THE PROTHONOTARY: Please withdraw the above action, originally filed on February 06, 2003, from the court docket. DATE: February 25, 2003 Respectfully submitted, J. Michael Sheldon, Esquire Pa. ID #83098 6059 Allentown Boulevard Harrisburg, PA 17112 Tel: (717) 657-3464 Fax: (717) 671-1258 Attorney for Plaintiff