HomeMy WebLinkAbout98-04345
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NOTiCE OF APPEAL
COMMONWEAL TH OF ~ENNSVLVANIA
COURT OF COMMON ~LEAS
Cumberland Count.y
JUDICIAL OISTRICT
FIHJM
DISTRICT .JUSTICE JUDGMENT.
.:_OMM?~~'tEAS No.!I[~:'!j~_~.L~,"- /'/, ,.. i
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NOTICE OF APPEAL
Notice is given that tt,c appellant has filed in the :lhovl.: Court of COlllmolll'h~i1~ till ilppeallrol11 the Judglllent rendered hv thl! qistrict Ju:aicc
on the elate and in the case rnentioned below.
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KENTlRCl'I ENrERPRISFS, IN:;,
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1465 Locust Grove Roau
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PA
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Apprai8(~;3_L.-,.xIH;:.v" "' .-'
riGl'I...TUNIII at' .....,..Io.....NT OR "'I ATT""~I:Y aft AC.NT f
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notatiart i!; required lIndHr Pa, II C'r. .
appellant was all/lant Isee Pa. R.C'p,J.P,
No. 1001(61 in action belore District Justice,' he
O","TIt 0,.. IUCGM....T
7/7/98
CV19
L T 19
This block will be signed ON L Y when this
R.C.P.J.P. No. 1008B.
This Notice of Appeal, wilen l"llccivcd hv the District Justice, will opllralc liS
a SUPERSEDEAS to tile judgment for Posscs!;ion in this CHse.
MUST FILE A COMPLAINT within twenty
days alter filin!J his NOTICE 01 APPEAL.
1201 _
Signaturf! of Protlwtlot,lfv or DlJpuw
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE.
IThissection of form to IJ/; used ONL Y when appellan/was DEFENOANT (Sf!e Pa. R. CP.J, P. No, 1001(7) in actiOn "elore District .Iustice:
IF NOT USED, detach Irom copy of notice 01 appea' to be sen'ed upon appelleel.
PRAECIPE: To Prothonotary
Dyn.amic Apprai ~ah; ,Inc~,
Enter rule upon ' appellee'iSl, t<, file a complaint in this oppeal
(" Name of appellee','i) , ,". \
(Common Pleas No. 9 j/ - '/,/) ~,I.,t:: l'-." I within twenty (20) days after ser,v1ce of rule 0/ sufferrirtry of judgment of non pros,
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y1jh}t!fN.~~ION'~li'y,i (!!.(.;..:..\:;.
533-3280 . .
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(1) You are noti.lied that a rule is hereby entered upon you to file a eomplaint in this appeal within twenty (20) days .
after the date 01 service 01 this rule upon you by personal service or by certified or registered mail.
Dynumlc Appra.isals, Inc.
'~ ~ NatTie of:appelfeers)
, appellee!s)
. (2) II YDlj..,gp\I1'3nil~l a eolllplaint within this time, a JUDGMENT OF NON PROS WILL BE ENTER.~DA(l!\INST
YOU UPON pF.lAECr~E>-:"\ i. .,.,,' .;
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(3?1~~'~nt~~~,~e,:~~e,OI;~!~f~~e if service was by mail is the date ~ailing. . () IV) I . .... r'"J")' .' '.
Date:.....');!, (r,..::;L,f",: ,19~kr " bx:.:,. c _.(>-' "///t'~?"H'{". I;;:r;,......
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White --. ProthqnolaiY Copy
Green ---, Cour(File Copy
Yellow _n Appellan/'s Copy
Pink ----.- Appellee Copy
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PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
,(This proof 01 service MUST BE FiLED WITHIN TEN (10) DA YS AFTEF/ liIiflg the flotice of appeal. Check applicablo boxes)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
Cumberland
;ss
AFFIDAVIT: I he,ebv sw"m u' ollillll Ihal I ''''V''ll
'a-COpy 01 lhe NOlic17?1 Appeol. Commo" PI"as No. 98-434.~,po" Ihe Distric, JUSlice desig"oted lherein on
, '(date 01 servicel ,30/98 ,10_. 0 "y pelsopol se,vice ~J hy (c"rlilied) (registeled) mail, semler's
receipt attuchcd IwrclO, ilnclupon the nppl!llcr., (f1r1mcJ_~nam:!:~.~Pl?ra~sals, , Ine. , " .. on
J"ly 30, 19~8--Ll hy personal service [Xl hy (certified) {rcuislcredl mail, sender's recciptattachecl hereto.
'[]C and Iurlhe, Ihat I' served the Rule to File a Complaint accompa"ying the above NOlice 01 Appeol upon the appellee(;11O
'," , whom lhe Rulewasmldressed an__Julv 30, 19?fu__, 0 hV personal service m by (certified) (registered I
mail, sender's receipt attached hereto. .
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PROOF OF SERVtCE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This prool of service MUST BE FILED WITHIN TEN (10) DA YS AFTER filing the nOlice 01 appeal. Check applicable boxes)
.COMMONWEALTH OFPENNSYLVANIA
. COUNTY OF :..
AFFIDAVIT: I hereby swea, ur olli,m thot I ,0Iv,,,1
o a copy of the Notice of Appeal, Common Pleas No. __, upon the District Justice designated therein on
Idata of service) , 10_. . 0 by pel sonol service 0 by Iccrtified) (registeredl mail, sender's
receipt attachecl/wrclO, anclupontht! flPlwllee, (nmnc) _. ,on,
t 19 -0 by personal service 0 by (certified) {rcaistered} mail, sender's receipt attached hereto.
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and further that I served the Rule to
whom the Rule waslIddressed on
mail" sender's receipt <lttilched hereto.
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File a Complaint accompanying the above Notice of Appeal upon the ap'pellcels'.t',,'
.19__, 0 hy personal service 0 by (certified) (,egistoredl
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SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS DAYOF .19_.
Signature ofoffiC'ial before whom affidavit W<J$ made
Title of official
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My c~mri1i~~ion-c~pires on
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Mao, Disl, No,',
09-3-04
NOTICE OF JUDGMENTITRANSCRIPT
CIVIL CASE
PLAINTIFF: NAME "d ADDRESS
fOYNAMIC APPRAISALS, INC. 1
4705 E. TRINDLE RD.
MECHANICSBURG, PA 17055
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it ' \~\....COMMONWEALTH OF PENNSYLVANIA
" COUNTY OF: CUMBERLAND
DJ Name: Hon,
THOMAS A. PLACEY
Add"..: 5002 LENKER STREET
~CHANICSBUR~, PA
,
T,,,,,,",,(717) 761-8230 17055
DEFENDANT: NAME "d ADDRESS
fCRow, RICHARD, ET AL;
1465 LOCUST GROVE RD
MIDDLETOWN, PA 17057
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DocketNo,: CV-0000257-98
Date Filed: 5/20/98
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KENAROW ENTERPRISES, INC.
1465 LOCUST GROVE RD
MIDDLETOWN, PA 17057
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, THIS IS TO, NOTIFY YOU THAT: J...;,_"" i" .'
Judgment:- .' ' "~, -,' _..- --":-FOR 'PT,;!\TNTIFF ',' -",' ", '. -
[!J Judgment was entered for: (Name) nV?JlIMTl" lIPP1?jl>T~lIT,~, TN!"
[!J Judgment was entered against: (Name) 'R:l1.IITlIROW ~'RRPRT!'lF.!'l r TN!"
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in the amount of $
';,1?,Q nn on:
(Date of Judgment)
(Date & Time)
7/n7/qA
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o Defendants are jointly and severally liable,
o Damages will be assessed on:
O Amount of Judgment Subject to
AttachmenVAct 5 of 1996 $
o Levy is stayed for days or 0 generally stayed,
Amount of Judgment $ 6.035.00
Judgment Costs $ , 94.00
Interest on Judgment $ .00
Attorney Fees $ .00
Total $ 6.129.00
Post Judgment Credits $
Post Judgment Costs $
o This case dis'missed without prejudice.
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Certified Judgment Total $
o Objection to levy has ,been filed and hearing will be held:
Date:
Place:
Time:
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDG.~ ' "~l.l;!tlG A NOTICE
OF APPEAL WITH THE PROTHONOTARY HE T OF COMMON PLEAS'; 1'm.!"'"D1fv~ibNt ''rou
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MUST INCLUDE A COPY OF THt CE 0 JUDGMENTfT SCRtPT FORM WITH' ciUR NOTtCE OF APfIt;AL.
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I certify that this is a true and correct cf p)Of the ,Jecorr'.....Of th~ proceedings conI"~ ning the judgme~t. ,::"1,:
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l':'. 'l7.Date (' ":~ ,DistrjcfJ~stice
My oom~;~;oo:,.,,' '''I Mood" ofJ,"",O, \ 1" '-:A~-" .
AOPC 315.96 \
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DYNAMIC APPRAISALS, INC"
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v,
No, 98-4345 CIVIL TERM
KENAROW ENTERPRISES, INC"
Defendant
CIVIL ACTION - LAW:
COMPULSORY ARBITRATION
COMPLAINT
COMES NOW, Plaintiff by and through their attorneys, the law offices of Shurnaker
Williams, P,C" and respectfully files this Compliant pursuant to a Notice of Appeal from a
District Justice and in furtheranee thereof states as follows:
1. Dynamic Appraisals, Inc" is a Pennsylvania corporation with an office for the
transaction of business at 4705 E. Trindle Road, Mechanicsburg, Pennsylvania 17055.
2. Defendant, Kenarow Enterprises, Inc" is a Pennsylvania corporation with an office
for the transaction of business at 1465 Locust Grove Road, Middletown, Pennsylvania 17057.
3. In or about the Fal! of 1996, Plaintiff requested bids for HVAC work to be
performed at the property located at 4705 E. Trindle Road, Mechanicsburg, Pennsylvania.
4, On July 8, 1996, Defendant presented a bid for the work. A copy of said bid is
attached hereto and incorporated herein as Exhibit "A,"
5, Upon review of the aforesaid bid, Plaintiff telephoned Defendant and informed/'
them that they were not interested in a heat pump system as stated in Defendant's July 8,
proposal.
6, At that time Defendant requestcd an opportunity to rebid the project in order to
meet the requiremcnts established by Plaintiff.
7, On July 18, 1996 Defendanl presented a new proposal to provide the necessary
labor and materials to install an HV AC systel1l at the aforesaid Property (hereinafter "New
Proposal"). Said proposal is attached hereto and incorporated herein as Exhibit "B,"
8, Plaintiff, upon review of the New Proposal from the Defendant, conducted a
rneeting between Plaintiff, Defendant and Plaintiffs General Contractor, Renovco, Inc.
9, During said meeting, Plaintiff and their General Contractor expressed concerns
regarding the calculations of the tonnage as stated in Defendant's New Proposal based upon two
(2) other proposals received by Plaintiff in the bidding process,
10, Said proposals were provided to Defendant at the aforesaid meeting, A copy of the
proposal from Stabar Service is attached hereto and incorporated herein as Exhibit "c," The
other proposal from Gary Radabaugh Heating & Air Conditioning was provided to Defendant but
Plaintiff is currently unable to locate their copy to attach to this Complaint.
11, Based upon these concerns, Plaintiff and Plaintiffs general contractor requested
that Defendant review the calculations performed by Defendant in order to assure that the tonnage
as stated in Defendant's New Proposal would be adequate to eool the building in order to reduce
the inside air of the Building by twenty five (25) degrees frol1l the outside temperature,
12. Defendant, based upon Plaintiffs request, assureq Plaintiff that the system as
presented on the New Proposal would reduce the temperature of the inside air in the Building by
. 2
twenty five (25) degrees from the outside temperature and made a representation that the system
as proposed would be, "more than adequate" to cool the building to seventy (70) degrees if the
outside temperature was ninety five (95) degrees,
13. Defendant, in their New Proposal, warranted the load calculations and agreed to
correct any problems regarding the equipment sizing for Plaintiff's comfort based upon these
discussions.
14, Plaintiff awarded the Defendant the contract for installation of the HV AC system,
15, In or about the Spring of 1997, during the installation of said HV AC system by
Defendant, Defendant, by and through one of their agents, employees, or subcontraetors damaged
tl1e ceiling at the Building,
16. After the damage to the ceiling was noticed and installation of the HV AC system
complete, Defendant was requested by Plaintiff to repair the same,
17, Plaintiff's General Contractor informed Defendant that his workmen could repair
the damage if Defendant so desired.
18, Defendant informed Plaintiff and Plaintiff's General Contractor that he would have
tl1e ceiling repaired by their own employees,
19. In or about the summer of 1997, within a year of the installation of tl1e
system, Plaintiff notified the Defendant that the Building was not cooling properly.
20, Specifically, the Building would not reach the stated temperature difference
twenty five (25) degrees from the outside air temperature.
3
to Plaintiffwerc inaccurate to mectthe requiremcnts of Plaintiff, in that the calculations resulted
in the installation of a system which was defective as follows:
(a) The air conditioning system is not large enough to propcrly cool the
Building;
(b) The existi ng rear furnace is not large enough to handle the amount of air
conditioning required to properly cool the Building;
(c) The existing main tl'llnk duct work in the attic area in both front and rear
areas of the Building are not large enough to handle the amount of air volume required for
the systems installed;
(d) The existing freon line sets to the outdoor units installed are not large
enough in diameter to handle the air conditioning system needed to cool the Building; and
(e) The existing electrical circuits are not large enough to handle the air
conditioning system needed to cool the Building,
31. As a direct and proximate result of Defendant's negligent misrepresentation,
Plaintiff has sustained damages in order to correct the system which are reflected on a proposal
in the amount of $6,035,00 attached hereto and incorporated herein as Exhibit "D,"
WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in their favor
in the amount of $6,035.00 together with costs of the District Justice matter of $94,00 together
with interest and costs of this matter. Said amount is below the amount required by local rule set
for compulsory arbitration.
6
Respectfully subllliued,
SHUMA~ER WILLIAMS, P,C,
By: \ '
An y J, osclii, I.
P,O, Box 88
Harrisburg, Pennsylvania 17108
(717) 763-1121
Attorneys for Plaintiff
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KENAROW ENTERPRISES INC.
Ju 1 y O. 1 996. "; :-:'. ;'
QUOTE 070896A':, .'
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RENOVCO
3920 Market Street
Camp Hill. PA 17011
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ATTN: Randall King
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We are pleased to quot~ the following for
consideration. Work to be performed at 4705 E,
your review" ".'!I,rid'
TrindleRoad,' :,<;',' .'
":.: '
FUt"nish and install 1 1/2 ton heat pump spl it svstem with 7 .1/2' ",':.:
KW of electric heat. Indoor unit to be located above ceiling a~'d,. ,",,'
outdoor unit to be located along west side of bui ldi;..,g. There ;,;
will be ceiling supply registers in rooms 1, 2.3, ,4. and:,23,.':
Thet"e will be a central ceiling return air filter grille loca'ted:"
in the hallway. The main air ducts will be fiberglass duct boar:d,
with insulated flex duct runouts and an emergency condensate.'p.'an' ':'
under the unit. All piping and electric for the heat pump sys-t'em-:"
are i nc 1 uded, All l'lork wi 11 be wart-anted for one year: and the:
HV AC equ i pment is warranted for five years. Your cost', for thi s
system is Three Thousand Nine Hundred Fifty Dollars ($3950.00).
.".....,.,., .:
Remove ductwork from existing unit and install new supply' air'
duct into attic space. Furnish and install new return from unit
to furnace room wall and install ndw return air filter ~rille'i~
wall, Supply insulated flex duct from main to ceiling, grilles':in
rooms 9, 13, 14, 15, and 17, Your cost for this system is Two
Thousand Six Hundred Dollars ($2600,00).
Furnish and install 1 1/2 ton heat pump split system with 71/2
KW of electric heat. Indoor unit to be located above ceiling'~rid
outdoor unit to be locateda~png west side of bUilding;, There'
will be ceiling supply registers in rooms 5. 6. and 7 and_,~
central return air filter grille in the hallway, The main air
ducts will be fiberglass ductboard with insulated flex duct
runouts and an emergency condensate pan under the unit. All
piping and electric for the heat pump svstem is included. All
work to be warranted for one ~ea~ and t~e HVAC equipment has a
five year warrantv, Your cost for this svstem is Three Thousan~
Eight Hundred Fif~y Dollars ($3850.00), '
If you have any questions please contact our office at your
convienence.
SinCt?r"el ~/.
I<enat-o~,' Ent,erpr-ises Inc.
fL-i!..e,_.,j) \(J C~______
Hi chcwd D. C"CI"
fI.C.BOX 10') . ,....dDDI.r:rO\VN.I'A Ii'05i' _ (7J7J9M3.,t.1.13
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RES10f:NflAL - CO,\1,\',lRCI,\L. I-!\,/\C.. -j;l~ljj~::\fiING. ELECmJc..::i.
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,July 10, \996
QUOTE 0'/1 B96A
KENAROW ENTERPRISES~C.
Dynamic Appr'nil3als [ne,
3920 Morket Streel
Camp Hill. PA 17011
We Are pleDsed Lo quota tho following for your review and
cons ider'dtion, Al '\ work t,Q be pt-lf'fo"l1lod at 1\'105 Trindle Road.
FRONT AREA:
1.
2.
3 .
4,
5,
6,
7 .
8.
9,
10.
11,
REM AREA
1,
2 "
3 .
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5 "
6,
'I,
Removo ,md d"isposo of oxisting oi"' fired fUl"nace ",nd
duet~lorl< ,
Furnish and instull new Janitrol 80 plus gaB furnace
rated at 75,000 BTUH.
Relocate existing coil from rear unit to furnace.
Relocate existing two ton condensing unit from rear
unit to west side of building along with new pad and
c1"j sconnf~C t .
Furr..-ish noW fib","glass duct.bocwd sllPpl~' clir trunk l'ine
from 'I:ur"nace irlto attic spaC8 and acr'oss attic.
Furnish and install new fiberglass ductboard return air
ductwork from furnace to a centrdl return in hallway 22
along with a return air filter grille,
Furnish and install new supply air diffusers in rooms
1. 2, 3, 4, 23. and 21,
Furnish and install insulated flex duct from trunk line
t~ supply air diffusers,
Furnish und install thermost.t and control wiring,
Furnish and install new gas pipe from front of building
to fur"nace.
5tc,rt llnd test system and \~Clr-r<ln't ,,11 wod', fOI- one year
nnd all new equipment has a five year parts warranty.
Remove and dispose of existing oil 'f'll~ed furrlace.
Fur'n'i'1h and 'Install new Janitr'ol 80 p'lus gas furnace
rated ~t 75.000 OTUH and matchino coil.
Furnish and install hew three an~ one half ton Janitrol
condc-Hlsin',1 un'it at east side of bui'ld'inCj along with ne~~
pad "nd disconnect.
Fur-ni,;h and "Insta'11 nG~' f1bel"91ass supply air" ductwork
from flJ1-nDC8 -I nto and throuqh (.1 'tt i c space.
FUt~n'isll CIne! install now ~ I~(~tur'll ai,~ ductwork from
fur"naco UlI-oli()h ",all to ,'sloUl-" air f'11tor' grille,
Fur-n'ish and ins1.c.I'll ne\.J supp'lv ait~ d'iffuse,'"s in rooms
5, G, 7, '), 1 1, '12, l' 3, 14, 15. and 17,
Fur"'nish And "inst"." 'insulclted flex duct froln trunk line
to SUPf}lV ailN di'f1=usors.
r.o. [3~X...I_~_.-:..-:~DDLCT?~:/;.~:.~~_~.?057 . rt \ 119.1e,'1.1.13
Rr.sIDL.~mAL - CO,"v',\H.llCIAl. . IWAC . :'l.lIr:a~INc. ", 'Ux.-CiWCAL
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Service
July 9, 1996
I/VAC S,,,",,,, Sll'V'''' . 2JOJ Markll' Sir"", . Camp 1/,11, "^ 11011 . III In I I>llli
Dynamic Rcally
3920 Market Strect
Camp Hill, PA 17011
PROPOSAL #2
REF: HVAC modifications at 4705 East TrindIe Road, Mechanicsburg, PA
Removal of two existing Oil Fired Furnaces and inslalJ (1) Gas Furnace and Air
Conditioning system to existing ductwork to condition spaces numbered 1,2,3,4,
20,21,22,23+. InslalJ (1) Gas Furnace and Air Conditioning system including
ductwork to condition spaces numbered 9,10,12,13,14,15,16,17,18,19*.
InslalJ (I) Gas Furnacc and Air Conditioning system including ductwork to
condition spaces 5,6,7*. Provide all necessary Parts and labor to complete the
work. The price listed below includes the following:
I-YORK # P2MPDI6N064
I-YORK # P2DPDI6080
I-YORK # P2MPDI2048
2- YORK # HIRCA042
I-YORK # HIRA030
I-YORK # MC3F044
I-YORK # G3UA037
I-YORK # M3HD036
3-HONEYWEIL #T87F
3-Refiigerant line set
All necessary duct work and air distribution modifications
All necessary electric wiring and distribution controls
All necessary gas line and flue modifications
All necessary labor
P A sales tax
Total net Pricc.......,.,.".........,..,."",......",..,.....,.,.."",..,...,.".",..."................. $16, 200. 00
'" Note ( Above numbered spaces are as pcr"Office Spacc/Plan View" .file
#8768 revised date 6/23/96 provided by RENOVCO,Inc,)
80% High Efficicncy Up Flow Gas Furnacc
80% High Efficiency DOlVn Flow Gas Furnace
80% High Efficiency Horizontal Gas Fumace
3 1/2 Ton High Efficiency Air Conditioner
2 1/2 Ton High Efficiency Air Conditioner
Down Flow NC Evaporator Coil
Up Flow NC Evaporator Coil
Horizontal NC Evaporator Coil
Thermostat
GENERAL TERMS: 33% Down 67% due upon complction
ST~!.ffi.S ~"l7:/E~' 0;. _ NY
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Michacl T. Strittmatter
Marketing Manager
I rVM: SY:; rr:rl.'lS SI:IWtr.r
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~:~yT ABAR
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Service
tlVAC Svslum~; SUrVlel! . 2303 Mmkul StrUI!! . rillflll tllll, 1',1\ 1 lOll 0 IllIG I b 12H
TERMS AND CONDITIONS
PRICE POLICY: Quotations arc subject to acceptance within (30) days from date of
quotation.
DELAYS: STABAR SERVICE COMPANY shall not be liable for any delays caused
by riots, strikes, fIres, floods, accidents or any other contingency beyond
its control.
CANCELLATIONS: Accepted orders arc not subject to cancellation without ST ABAR
SERVICE COMPANY and suppliers being reimbursed for any
and all expenses occurred.
TERMS: Payment is due on total net price as described below.
All reasonable expenses incurred in collecting past due accounts will be
added to the amount due, and becomes the customer's liability.
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REF: Proposal #2 for DYNAMIC REALTY dated 07-09-96,
Payment for Total Net Price of proposal will be 33% down and 67% upon completion
as listed below:
$ 5346.00 due before work is started,
$ 10.854.00 due upon completion
TOTAL NET PRiCE............,..,.""......", ,......,........ ,...............".... ...$16.200, 00
ST~j ~VICE C ~:.,
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Michael T. Strittmatter
Marketing Manager
ACCEPTED BY
DATE
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GARY 'RADABAUGH
HEATING & AIR CONDITIONING
6364 Brandy Lana
Mcchanicsburg, PA 17055
717-691-7305
Date:
November 21, 1997
Name: Dynamic Appraisers
Street: 4705 E. Trind1e Road
City: Mcchanicsburg
state: PA Zip:17055
Telephone No:717-737-9433
Upon inspection of heating and cooling system in this building my findings are as
follows:
1. The air conditioning system is not large enough to properly cool
the office building.
2. The existing rear furnace is not large enough to handle the amount
of air conditioning required to properly cool the office bl1ilding.
3. The existing main trunk ductwork in attic area, in both front and
rear, are not large enough to handle the amount of air volume required
for these two systems.
4. The exiting freon line sets to outdoor units are not large enough
in diameter to handle the air conditioning system needed to cool the
office building.
~. The existing electric circuits are not large enough to handle the
air conditioning system needed to cool the office building.
My recommendation to resolve the situation would be as follows:
1. Increase the size of both the air conditioners. The front air,
conditioner should be increased from 2 ton to 3 ton and the rear air
conditioner should be increase from 3.5 ton to 5 tun capacity. The
present rear furnace is not capable of producing enough cubic feet of
air per minute required for 5. ton' ,of air conditioning.
2. Replace existing rear furnace with a larger capacity furnace.
3, Replace main trunk ductwork and change the return air duct for
these two systems,
4. Replace existing line sets with ones of adequate size for required
system,
5. Replace existing electric circuits with adequate size for proper
operation of required air conditioning system for the office building,
I have enclosed a written proposal on my above mentioned recommendations.
you have any questions/colm~nts, please feel free to contact me.
Should
Sincerely,
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GARY RADABAUGH
HEATING & AIR CONDITIONING
6364 Brandy Lane
Moehaniesburg, PA 17055
717-691-7305
Date:
Proposal
NOVember
No: 601j
21, 1997
Proposal Submitted To:
Nama: Dynamie Appraisors
Street: 4705 E. Trindle Road
C~ty: Meehanicsburg
State: PA Zip:17055
Proposal
Worle
Stroot:
City:
State:
Telephone
To Be Proformed At:
We horoby proposo to furnish all tho matorials and porfocn all tho labor nocossary for the completion
of:
Remove main SUPPly and return trunks in attic aroa for both front and roar systoms. Remove both l!ront
and rear air conditioners, inside and out, freon lines and electric lines. Remove present gas l!urnace
in rear of bUilding. For the front system, we will reuoe existing gas furnace and inotall new Goodman
model CK36 10 S.E:.E:.R., 3 Ton air conditioner onto eXisting gas futnace and rouse controls and thez:mostat.
tl:ill replaco the main trunk in attic aroa and rOUse oxisting floxiblo SUPPly ductwork and coiling
registors. Will roplaco prosont roturn air ductwork for front systom with now ductwork capable of
handling cubic fOot of air raqUirod for air conditioner. Will install now freon linos and eloctric
circUits to outdoor unit. Will reuse eXisting disconnect and pad at thoir prosent location for now outdoor
unit, For the rear systom, We will install new Goodman GMPN120-5 Condensing gas furnace, rated at 92.6
Officioncy and 120,000 B.T.O, capacity. Will replace oXisting I'VC Vent pipo with 3" Vont pipe raqUired
for new furnaco, Will install new Goodman CKSO 10 S,E.E,R., 5 Ton air conditioning systom with now gas
furnace, Will install new fiborglass insulated ductboard main trunk in attic area and reuso eXisting
flexible SUPply runs and ceiling registers. Will install a damper on two conter office Ceiling supplies
and roar rest room Ceiling SUPply registers so. that air volumes can be adjusted without entering attic
area. trill change and enlarge roturn air duct and install ceiling return register fram rear hallway to
produce better air distribution in bUilding. Will install now froon linos and oloctric circuits to
outdoor unit, Will reuse existing disconnoct and pad at thoir prosont location for now outdoor unit,
Those two new air condi tioning systoms will bo largo onough to proporly cool this office bUilding as
needed. These will be two conplete heating/COoling systems utilizing existing registers and grills, wal.l
thez:mostats and ContrOls, gas piping and condensate punps, Both air conditioners Coma with 5 year parts,
0"" year labor and installation and 5 year "as a part only" warranty on cOttpressor. New gas furnace comes
with 5 year parts, 1 year labor and installation and 15 yoars "as a part only" warranty.
All material is guaranteed to be as specified and the above work to be performed in accordance with the
draWings and speCifications submitted for above Work and Completed in a Substantial workman like manner
for the sum of:
Six ~ousand ~irty fivo and 00/100 ****$6,035.00*****
With payments to be made as follows:
25% Down, balanoo at Oompletion of job.
Any alternation or deViation from above specifications involVing extra costs, will be executed only Upon
written orders, and Will become an extra charge oV~r and above the estimate, All agreements contingent
upon strikes, accidents or delays beyond our control. owner to carry fire, tornado and other necessary
,nsuranee Upon above work. Workmen's Compensation and Public Liability Insurance on above work to be
taken out by Gary Radabaugh Heating and Air,C~dition'ng.
RespectfUlly Submitted ~I /k:.a_~.{~
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Note -- This proposal may be withdrawn by us if not accepted within 60 days.
Zip:
No: 717-737-9433
ACCEPTANCE OF PROPOSAL
The above PUces, speCifications and conditions are satiSfactory and are hereby accepted. You are
authorized to do the Work as specified. Payment to be made as outlined above, It is understood that in
the eVent this agreement is terminated by the purChaser, there will be a minimum penalty charge of 10\
on the total quoted price of this proposal.
Signature
Please sign and return one copy,
Date
Retain other for your records.
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DYNAMIC AI'RAISAI.S. INC,
Plaintiff
IN THE COURT OF COMMON I'LEAS
CUMBERI.AND COUNTY. PENNSYL VANIA
v,
NO, 9H-4345 CIVIl. TERM
KENAROW ENTERPRISES. INC.
Dcfcndant
CIVIL ACTION- LA \V
COMI'ULSOR Y ARBITRATION
ANSWER TO PLAINTIFF'S COMI'LAINT
AND NOW, eomcs thc Defcndant, Richard Crow, by and through his attorncys, James,
Smith, Durkin & Connelly, LLP, to answcr Plaintiffs COlllplaint as follows:
I, Denicd. After rcasonablc investigation, thc answcring Defcndant is without
knowledgc or infonnntion surticienlto forlll a bclief as to thc truth of the
avennents of paragraph one (1) and strict proofofthe same is delllandcd at trial.
2, Admitted in part, The corporation's principal place of business is now 4044 Enst
Harrisburg Pike, Middletown, Pennsylvania,
3. Denied. In thc summer of 1996 the Plaintiffs general contractor, Renovco called
for bids for HV AC work,
4. Admitted,
5, Denied, Randy King of Renovco called the Defcndant to infornl them that they
were not interested in a heatpump system,
6, Admitted in part. It is adlllitted that the Defendant requested the opportunity to
submit a bid contemplating the installation of a gas furnace but denied that the
Defcndant was provided "requirements" of such a system.
7, Admitted,
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8, Admilted,
9, Denied, The parties discusscd the tonnage estimated to eoolthe building but it is
specifically denied that the Plaintifror its contraetorexpressed concern based on
two other bids it received,
10, Denied, At no tillle did Plainti IT 01' its general contractor providc the Defendant
with either the Stabar or Radabaugh proposals,
II, Denied, The Plaintiff or the Plaintiffs general contractor ncver specifically
rcquested a degrce difference of twenty-five (25) degree diffcrcnce, such was
never discussed by the parties,
12. Denicd as stated, While the parties reviewcd the calculations and such Illay have
shown a twenty-five (25) degree difference. such was nevcr discussed by thc
parties,
] 3. Denied. The proposal addressed speaks for itself and any attempt to summarize
or characterize the content of same are specifically denied and strict proof
thereof is demanded at trial.
14, Admitted,
15, Denied, It is specifically denied that the ceiling was damaged by the
Defendants employees during installation of the HY AC system,
16, Denied in part. After reasonablc investigation, the Defendant cannot verify
when the Plaintiffnoticcd dalllage to the ceiling. It is admitted, however, that
the Plaintiff requested that Defendant repair the ceiling,
17. Admitted, By way of further answer the Defendant never acknowledged
responsibility tor the repairs.
FE!:!
2 199p
DYNAMIC APPRAISALS, INC"
Plaintiff'
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v,
: CIVIL ACTION -LAW
KENAROW ENTERPRISES, INC.,
Dclendant
: NO, 98-4345
: ARI31TRATION
ORDER
AND NOW, this _ day of Janunry, 1999, upon consideration of Plaintiffs Motion to
Compel, a Rule is issued upon the Defcndant to show cause why the following Sanctions should not
be entered by this Court:
(a) Defendant shall answer Plaintiff's Request for Production of Docul1lents
within ten (10) days of the instant Order;
(b) Defendant shall pay Plaintiff the sum of Three Hundred Dollars ($300,00)
for costs and attorneys' fees incurred by the Plaintifffor the preparation of the instant Motion
and Rule,
Rulc returnable five (5) days from service.
BY THE COURT:
J.
ImOUEST FOI{ I)RODU
Instructions:
Wilh rcspcct to cach of thc following requests, you shall identify and/or produce all
doculllcnts which arc known to you or which can be locntcd or discovcred by you through diligent
cffort on the part of you, your employees, rcprcsclllativcs, attorncys, or accountants, including
but not limited to all documcnls which are in thc business or personnel files of your employees,
in the possession of your representativcs, allorneys, or accountants, or acccssible to you, your
cmployces, or your reprcsentatives, allorncys, or accountants, You shall categorize each
document so as to conform to the numbcrcd requcst.
Applicahle Time Period
Unless otherwise specificd herein, thc following requests relatc to a timc period extcnding
from July 8, 1996 to the present. Accordingly, the following requests shall be deemed to be
continuing so as to require further and supplemental production by you of documents which
originate or fall within the scope of the following requests at any time period to the conclusion
of this litigation,
Dcstroycd Documents
If any documents requested herein or fairly comprised within the scope of the following
requests have been lost or destroyed, you shall provide in lieu of a true and correct copy thereof
a list of each document so lost or destroyed together with the following information: (a) the date
of origin, (b) a brief description of such document; (c) the author of the document; (d) the date
upon which the document was lost or destroyed; and (e) a brief statement of the manner in which
the document was lost or destroyed,
Obiettions to Production
In the event that any objection is made to the production of any document fairly comprised
within the scope of the following requests, you shall furnish in lieu of the production of such
document a list of each document withheld from production together with the following
information: (a) the reason for withholding production; (b) a statement of the facts constituting
the basis for your withholding the document from production; and (c) a brief description of the
documents withheld, including (i) the date upon which the document was originated, (ii) the
identity of its author or prepareI', (iii) the identity of each person who was a recipient of the
document, (iv) the specific request which encompasses the document, (v) a brief description of
the subject matter of the documcnt, and (vi) the identity of all persons who have personal,
knowledge of subject matter,
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11l1:Jness, Trad~'kcrct or I'rolm\jillY Inforlllation
If any of thc following requests compromisc doculllcnts which you contend contain
confidential, busincss, tradc secrct or propriclary information, you shall not withhold such
documcnls on the grounds of confidentiality hut shall forthwith advisc all parties to this litigation
of the confidcnt ialnaturc of such matcrial and rcquest all partics to stipulate to the cntry of an
appropriate ordcr preserving such confidcntialilY,
Dircctions:
A. The term "person," as used hcrein, means any natural person, partnership,
corporation, or other busincss entity and all prcsent and former officcrs, directors, agents,
employees, attorncys, and other acting or purporting to act on behalf of such natural person,
partnership, corporation, or other business entity.
B. Thc term "document," as used herein, means the original and all copies of any
written, printed, typed, or other graphic matter of any kind or nature and any other tangible thing
in your custody or control, including but not limited to:
1, All contracts, agreements, letter agreements, representations,
warranties, certificates, and opinions;
2, All letters or other forms of correspondence or communication,
including envelopes and notes, telegrams, cables, telex messages, telexes and
messages, including reports, notes, notations, and memoranda of or relating to
telephone conversations or conferences;
3, All memoranda, reports, test results, financial statements or reports,
notes, scripts, transcripts, tabulati~!ls, studies, analyses, evaluations, projections,
workpapers, corporate reco'rds or copies thereof, expressions or staternents of
policy, lists, questionnaires, surveys, charts, graphs, summaries, extracts,
statistical statements or records, compilations and opinions or reports of
consultants;
4, All desk calendars, appointment books, and diaries;
5. All minutes, records, or transcripts of meetings and conferences and
lists of persons attending meetings or conferences; "
6, All reports and suml1laries of interviews or negotiations;
7, All books articles, press releases, magazines, newspapers, booklets,
brochures, palllphlets, circulars, bulletins, notices, instructions, and manuals;
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8, All motion pictures and photographs (whethcr developed or
undeveloped), tape recordings, microfilms, phonographs. tapcs or other records,
punch eards, magnetic tapes, discs. data cclls, drums, print-outs, and othcr data
compilations from which informalion can bc obtained; and
9, Drafts of any doclll11cnts, revisions of any draft documcnts, and
original or prcliminary notcs.
C, Thc tcrm "colllmunication," as used hercin, mcans all statemcnts, admissions,
dcnials, inquiries, discussion, convcrsations, ncgotiations, agreclllcnts, contracts, undcrstandings,
mcctings, tclcphonc conversations, ICllcrs, correspondcncc, notcs, telcgrams, telcxcs,
advcrtisements, or any othcr forl11 of wriHcn or vcrbal intercourse,
D. The term "identify," when used with respcct to a document, means to state the date,
author, addresscc, type of document (~, "lcHcr"); to idcntify its last known custodian and
location; and to state thc exhibit numbcr of the documcnt if it has bccn marked during the course
of a court procecding.
E. The term "identify," when used with respcctlo an individual, means to,give the
person's full name, all known aliases, present or last known business and home addresses and
telephone numbcrs, and present position or business affiliation,
F, The term "identify," when used with respect to any other "person," means to give
the person's official, legal, and formal name or the name under which the person acts or conducts
business, the address and telephone number of lhe person's place of business, professional,
commerce, or home, and the identity of the person's principal or chief executive officer or person
who occupies the position most closely analogous to a chief executive.
G. The term "relate(s) to," as used herein, l1leans constitute(s), refer(s) to, reflect(s),
concern(s), pertain(s) to, or in any way logically or factually connect(s) with the matter described
in the interrogatory. . , .
:88196
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CEIrI'IFICA'I'E OF SERVICE
I, Anthony J, Foschi, Esquirc, of lhc law firm of Shumaker Williams, I',C" hcrcby certify
that I scrvcd H true and correct copy of thc forcgoing on this dHtc viH United StHles firsl class mail
as follows:
John M, McNally, III, Esquire
JAMES, SMITH & DURKIN
134 Sipe Avenue
HUl1lmelstown, PA 17036
Date: (o/~{ qy
ILL~S' P.C.
By:
Anthony 1. Foschi, I.D, #55895
P,O, Box 88
Harrisburg, PA 17108
(717) 763-1121
Attorneys for Plaintiff
,88150
CERTIFICATE OF SERVICE
I, AnthonyJ, Foschi, Esquire,ofthe law firm of Shumaker WjJJjams, P,C" hcreby ccrtify that
I served a true ond corrcct copy of the foregoing Motion to COlllpel all this datc by depositing a copy
of the samc in thc United Statcs Mllil, Postage Prepaid, addressed as follows:
John J, McNally, III, Esquire
JAMES, SM[TH, DURKIN & CONNELLY, LLP
p, 0, Box 650
Hershey,I'A [7033
Dated:
/ ~19 /9'1
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By
SHUMAK R WIL lAMS, P,C,
1A-
Anthony J. Foschi, Esquire
P.O, Box 88
Harrisburg, PA 17108
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CERTIFICATE OF SERVICE
/, Angcla L. (Dumlll) Thomas, Esquirc, oflhe laIV firm of Shumaker Williams, p,c., hereby
ccrti fy that I scrved a truc and corrcct copy of thc roregoing Praecipc to Settlc, Discontinue and
End on this date by dcpositing a copy of thc sallle in thc United Statcs Mnil, Postage Prepaid,
addrcsscd ns follows:
John J, McNally, III. Esquirc
JAMES, SMITH, DURKIN & CONNELLY, LLP
p, 0, Box 650
Hcrshey, P A 17033
SHUMAKER WILLIAMS, P,C,
Dated:
/0- /9-99
By (21 cJd{ ~, ~iJz~?Uo
Angela L. (Dumm) Thol1las
P,O, Box 88
Harrisburg, P A /7108