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HomeMy WebLinkAbout07-5625DLB CONSTRUCTION, INC., DBA COURT OF COMMON PLEAS OF DEITZEL BROTHERS, CUMBERLAND COUNTY, PENNSYLVANIA Claimant No. 5fo of 2007 M LD V. CHRISTOPHER J. BYERLY and MECHANICS' LIEN GILLIAM P. BYERLY, Owners TO: CHRISTOPHER J. BYERLY AND GILLIAM P. BYERLY 104 East Main Street Mechanicsburg, Pennsylvania 17055 NOTICE OF FILING OF MECHANICS' LIEN CLAIM You are notified that a mechanic's lien claim in the amount of $17,855.43 has been filed on behalf of DLB Construction, Inc. DBA Deitzel Brothers, against the property at 104 East Main Street, Mechanicsburg, Cumberland County, Pennsylvania, of which you are the owners or reputed owners. The claim was filed on q l & 09 (date), in the Court of Common Pleas of Cumberland County, as of _ MIZ Term, d 007 (year), No. Sl.,25 . A copy of the claim is attached. SI I.ATOS & ZONAR[CH LLP Date: C Z ? o -7 By: Anna Marie Attorney ID No. 32808 John B. Zonarich, Esquir Attorney ID No. 79989 17 S. Second Street, 6th Floor Harrisburg, PA 17101 (717) 233-1000 Attorneys for Claimant DLB CONSTRUCTION, INC., DBA DEITZEL BROTHERS, Claimant V. CHRISTOPHER J. BYERLY and GILLIAM P. BYERLY, Owners COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. a 7. % of 2007 MECHANICS' LIEN MECHANICS' LIEN CLAIM Claimant, DLB Construction, Inc. dba Deitzel Brothers, through the undersigned counsel, files this claim against the improvements and property at 104 East Main Street, Mechanicsburg, Cumberland County, Pennsylvania 17055 for the payment of a debt due to claimant as a contractor for materials and labor furnished by Claimant in the alteration and repair of the improvements. In support of the claim, the Claimant makes the following statement: 1. The owners of the property are Christopher J. Byerly and Gilliam P. Byerly, with an address of 104 East Main Street, Mechanicsburg, Cumberland County, Pennsylvania 17055 (hereinafter "Byer"). Property parcel number is 17-23-0565-116. 2. The improvements which are subject to this claim are Roof Renewal (Metal), Upper Main Roof, fascia replacement, and repair and soffit repair for the property. 3. The labor and materials for which the debt is due were furnished pursuant to a written agreement, with oral change orders. The written agreement is dated May 31, 2007 and is attached hereto as Exhibit "A". 4. The labor and materials for which the debt is due consisted of removal of existing roofing, installation of new roof, debris removal, removal of original faceboard and replacement of same, removal and repair of soffit. 5. Certain of the labor and materials for which the debt is due were furnished pursuant to an oral agreement with owner under which the contractor was to be paid for time and materials furnished by it and its subcontractors at their standard rates and prices charged by them for the materials. 6. The labor and materials furnished are as explained on the invoices hereto attached as Exhibit «B„ 7. The Claimant completed its work on the property on September 18, 2007 which is less than six months before the filing of this claim. 8. Claimant has been paid $4,200.00 and $4,897.99 toward the debt due Claimant and there is due and owing balance of $17,855.43 for which claim is made. Date: q U Anna Marie Sossong, Es ire Attorney ID No. 32808 John B. Zonarich, Esquir Attorney ID No. 79989 Skarlatos & Zonarich, LLP 17 S. Second Street, 6th Floor Harrisburg, PA 17101 (717) 233-1000 Attorneys for Claimant VERIFICATION I, Walt Brown, declare that I am the _ 73TS iE?Tof DLB Construction, Inc. DBA Deitzel Brothers, a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, that I am authorized to make this verification on its behalf, and hereby certify that the facts set forth in the following Mechanics Lien Claim are based upon information which I have furnished to counsel, as well as upon information which has been gathered by counsel and/or others acting on my behalf in this matter. The language in the Mechanics Lien Claim is that of counsel and not my own. I have read the Mechanics Lien Claim, and to the extent it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the Mechanics Lien Claim is that of counsel, I have relied upon counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Mechanics Lien Claim are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. DLB Construction, Inc. DBA Deitzel Brothers Dated: September 25, 2007 it Brown, l• ????? 'Sep 19 2007 10:13RM DEITZEL BROTHERSJLEBO"S ***Dl 7172416374 ROOFING AND SPOUTING SPECIALISTS SINCE 1832 PROPOSAL Date: May 30, 2007 To: Mr. Chris Byerly 104 East Main Street Mechanicsburg, PA 17013 Phone: Cell 802-1499 p.2 isa° 5p r, cb We agree to do the following: Roof Renewal (Metal): Unger Main Roof 1. Remove two layers of existing roofing down to wood deck surface. 2. Install Drexrnet 24 gauge painted (color to be selected by customer) galvalume roofing system. 3. All debris removed by Deitzel Brothers. 4. 35 year manufacturer's paint warranty. 5. 5 year workmanship warranty upon completion of work and receipt of payment. The above complete material and labor for the sum of: $12,600.00 During application of new roofing any deteriorated areas of structure will be addressed on an additional time and material basis. Price based on removal of two layers of roofing. Any additional layers will be removed on a time and material basis. Terms: If Proposal is accepted please sign and date one copy, and keep the remaining copy for your records; mail in 1/3 deposit along with the signed copy. Balance due upon completion of work. I . Proposed price subject to change after 30 days. I This proposal does not include any work except as specifically mentioned herein and no verbal agreements with our representatives shall be recognized. 3. Acceptance of this proposal will constitute a contract subject to approval of our credit: department. 4. Not responsible for delay r eason of strikes, accidents, labor or material shortages, or other causes beyond our control. Respecttully s mitted, alt ro n Accepted b By: Date 07 _ -? Date:© ?O? ,,Proper Eryineerinq ail Constroetien Ensures More Beauty, Loeler Life and Complete Ssiisfeetiop" T I L I P H O N E (71712$8-7145 -3 .Sep 19 2007 10:14AM DEITZEL BROTHERS/LEBO"S 7172416374 p.8 Deitzel Brothers P. O. Box 2614 Harrisburg, PA 17105-2614 Bill To Chris Byerly 104 East Main Street Mechanicsburg, PA Invoice Date Invoice # 911512007 2360 Terms Project Due on receipt Quantity Description Rate Amount Roof renewal (metal) upper main roof in 12,600.00 12,600.00 accordance with proposal dated May 30, 2007. Installed six inch half round galvanized gutter and 1,065.00 1,065.00 downspout on front side of house with shanks and circles as requested by customer. Initial discussion on pricing for gutter was for the use of strap hangers. Received job deposit. -4,200.00 -4,200.00 Total $9,465.00 Phone # Fax # (717) 238-7145 (717) 238-0897 Sep 19 2007 10:14RM DEITZEL BROTHERS/LEBO"S 7172416374 p.7 Deitzei Brothers P. O. Box 2614 Harrisburg, PA 17105-2614 Bill To Chris Byerly 104 East Main Street Mechanicsburg, PA Invoice Date Invoice # 8/31/2007 2349 Terms Project Due on receipt Quantity Description Rate Amount Repaired front soffit and fascia wood with tie in to 7,225.26 7,225.26 floor joists. Installed customer provided fascia board Vented rear soffit and wrapped rear fascia board. (Labor: 101 hours @ $60.00 per hour; Materials: 1165.26) Additional charge for lumber that was not 355.17 355.17 incorporated into the August 3, 2007 invoice. Masonry repairs as requested by customer. Work 810.00 810.00 included exterior walls and basement stone repair. Additional minor repairs may still be required prior to project completion. Thank you for your business. Total $$,390.43 Phone # Fax # (717) 238-7145 (717) 238-0897 Q r- (31 O CA 0 C? i, -G 0 SHERIFF'S RETURN - REGULAR CASF,NO: 2007-05625 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DLB CONSTRUCTION INC ET AL VS BYERLY CHRISTOPHER J ET AL VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within MECHANICS LIEN CLAIM was served upon -- -, TT r TT T TT nR „ the OWNER at 1434:00 HOURS, on the 12th day of October , 2007 at 104 EAST MAIN STREET MECHANICSBURG, PA 17055 by handing to GILLIAM P BYERLY a true and attested copy of MECHANICS LIEN CLAIM together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 Service .00` Affidavit 2.50 Surcharge 10.00 R. Thomas Kline .00 lblg??o? 18.50 10/15/2007 SKARLOTOS & ZONARICH Sworn and Subscibed to By: before me this day 4156"puty Sheriff of A.D. SHERIFF'S RETURN - REGULAR , CASF,. N0: 2007-05625 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DLB CONSTRUCTION INC ET AL VS BYERLY CHRISTOPHER J ET AL VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within MECHANICS LIEN CLAIM was served upon -F-7 [T ! TT" T ("M/-Nn"-MD T the OWNER at 1434:00 HOURS, on the 12th day of October , 2007 .: at 104 EAST MAIN STREET MECHANICSBURG, PA 17055 by handing to a true and attested copy of MECHANICS LIEN CLAIM together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 19.20 Affidavit 2.50 Surcharge 10.00 Postage .58 1o/31/v7 4, 50.28 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 10/15/2007 SKARLOTOS & ZONARICH By / Deputy S iff of A. D. t ` DLB CONSTRUCTION, INC., DBA DEITZEL BROTHERS, Claimant V. CHRISTOPHER J. BYERLY and GILLIAM P. BYERLY, Owners COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. (o A5 of 2007 P LD MECHANICS' LIEN AFFIDAVIT OF SERVICE OF NOTICE OF FILING MECHANICS' LIEN CLAIM Valerie weary (name) being duly sworn according to law deposes and says that, on October 12, 2007 (date), he/she served the attached Notice of Filing of Mechanics' Lien Claim on Gilliam P. Byerly (name(s)), the owner(s) of the property against which the claim was filed, by handing to defendant (describe method of service) at 104 E. Main Street Mechanicsburg, PA 17055 (place of service). (Server) (Notary) DLB CONSTRUCTION, INC., DBA DEITZEL BROTHERS, Claimant V. CHRISTOPHER J. BYERLY and GILLIAM P. BYERLY, Owners COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :No. 5 & AS of 2007 k !.D MECHANICS' LIEN AFFIDAVIT OF SERVICE OF NOTICE OF FILING MECHANICS' LIEN CLAIM Valerie WEOry (name) being duly sworn according to law deposes and says that, on October 12, 2007 (date), he/she served the attached Notice of Filing of Mechanics' Lien Claim on Christopher J. Byerly (name(s)), the owner(s) of the property against which the claim was filed, by handing to defendant (describe method of service) at Mechanicsburg, PA 17055 104 E. Main Street (place of service). (Server) (Notary) 4 DLB CONSTRUCTION, INC., d/b/a DEITZEL BROTHERS, Plaintiff, V. CHRISTOPHER J. BYERLY and GILLIAM P. BYERLY, Defendants. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 5625 of 2007 MLD CIVIL ACTION MECHANICS' LIEN NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action with 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 relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, Pennsylvania (717) 249-3166 AVISO USTED HA SIDO 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 o 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 le 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 reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAM9 O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ED POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, Pennsylvania (717) 249-3166 DLB CONSTRUCTION, INC., d/b/a DEITZEL BROTHERS, Plaintiff, V. CHRISTOPHER J. BYERLY and GILLIAM P. BYERLY, Defendants. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 5625 of 2007 MLD CIVIL ACTION MECHANICS' LIEN COMPLAINT AND NOW comes Plaintiff DLB Construction, Inc., d/b/a Deitzel Brothers, by and through its counsel, Skarlatos & Zonarich LLP, to make the following Complaint against Defendants: PARTIES 1. Plaintiff DLB Construction, Inc., d/b/a Deitzel Brothers is a Pennsylvania corporation with a place of business located at 1325 North West Street, Carlisle, Cumberland County, Pennsylvania. Deitzel Brothers is owned by DLB, Construction, Inc. and is a fictitious name of DLB Construction, Inc. (hereinafter collectively "Plaintiff'). 2. Diana L. Brown (hereinafter "Mrs. Brown") is an individual and President of DLB Construction, Inc. 3. Walter W. Brown II (hereinafter "Mr. Brown) is an individual and Vice President of DLB Construction, Inc. 4. Defendants and property owners are Christopher J. Byerly and Gilliam P. Byerly (hereinafter "Defendants") with an address of 104 East Main Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. -1- JURISDICTION AND VENUE 5. This Court has jurisdiction over the parties and the subject matter of this litigation. 6. Venue is appropriate in this Court of Common Pleas of Cumberland County, Pennsylvania, pursuant to Pa. R.Civ.P. 1652, in that it is where the mechanics' lien was filed and where the property, which is the subject matter of the action, is located. BACKGROUND 7. Plaintiff filed a mechanics' lien claim on September 26, 2007, in the Court of Common Pleas of Cumberland County, as 5625 of 2007, a copy of which is attached hereto as Exhibit "A" and incorporated by reference herein. 8. The amount of Plaintiff's claim is $17,855.43. WHEREFORE, Plaintiff demands judgment against Defendants in the sum of $17,855.43, with interest from September 26, 2007, and costs. TOS A 7GONARICH i-.tx Dated: December '17,2007 By: 'Anna Marie Sossong, It Attorney ID # 32808 John B. Zonarich, EsquiAtrorney ID # 79989 Amy E. Lansberry Attorney ID # 200328 Skarlatos & Zonarich Building 17 South Second Street, 6Th Floor Harrisburg, Pennsylvania 17101 (717) 233 -1000 Attorneys.for Plaintiff -2- VERIFICATION I, Walter W. Brown, II hereby certify that the facts set forth in the foregoing document are based upon information which I have furnished to counsel, as well as upon information which has been gathered by counsel and/or others acting on my behalf in this matter. The language in the document is that of counsel and not my own. I have read the document, and to the extent it is based upon information that I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid document are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Dated: December, 2007 , ? 61?c , "?' , ? 6? Walter W. Brown, II, Vice President DLB Construction, Inc. DLB CONSTRUCTION, INC., DBA DEITZEL BROTHERS, Claimant V. CHRISTOPHER J. BYERLY and GILLIAM P. BYERLY, Owners COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. S(, yj of 2007 kLZ MECHANICS' LIEN N a (? v ? 10 -t j? TO: CHRISTOPHER J. BYERLY AND GILLIAM P. BYERLY 104 East Main Street Mechanicsburg, Pennsylvania 17055 NOTICE OF FILING OF MECHANICS' LIEN CLAIM You are notified that a mechanic's lien claim in the amount of $17,855.43 has been filed on behalf of DLB Construction, Inc. DBA Deitzel Brothers, against the property at 104 East Main Street, Mechanicsburg, Cumberland Cou ty, Pennsylvania, of which you are the owners or reputed owners. The claim was filed on ,16 _ (date), in the Court of Common Pleas of Cumberland County, as of MLp _ Term, AP07 (year), No. 546 A!S . A copy of the claim is attached. SKARLATOS & ZONARICH LLP Date: GJ Z 7 0 -7 By: Anna Marie Sossorig, I's e Attorney ID No. 32808 John B. Zonarich, Esquir Attorney ID No. 79989 17 S. Second Street, 6L' Floor Harrisburg, PA 17101 (717) 233-1000 Attorneys for Claimant DLB CONSTRUCTION, INC., DBA DEITZEL BROTHERS, Claimant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. of 2007 V. CHRISTOPHER J. BYERLY and MECHANICS' LIEN GILLIAM P. BYERLY, Owners MECHANICS' LIEN CLAIM Claimant, DLB Construction, Inc. dba Deitzel Brothers, through the undersigned counsel, files this claim against the improvements and property at 104 East Main Street, Mechanicsburg, Cumberland County, Pennsylvania 17055 for the payment of a debt due to claimant as a contractor for materials and labor furnished by Claimant in the alteration and repair of the improvements. In support of the claim, the Claimant makes the following statement: 1. The owners of the property are Christopher J. Byerly and Gilliam P. Byerly, with an address of 104 East Main Street, Mechanicsburg, Cumberland County, Pennsylvania 17055 (hereinafter "Byer"). Property parcel number is 17-23-0565-116. 2. The improvements which are subject to this claim are Roof Renewal (Metal), Upper Main Roof, fascia replacement, and repair and soffit repair for the property. 3. The labor and materials for which the debt is due were furnished pursuant to a written agreement, with oral change orders. The written agreement is dated May 31, 2007 and is attached hereto as Exhibit "A". 4. The labor and materials for which the debt is due consisted of removal of existing roofing, installation of new roof, debris removal, removal of original faceboard and replacement of same, removal and repair of soffit. 5. Certain of the labor and materials for which the debt is due were furnished pursuant to an oral agreement with owner under which the contractor was to be paid for time and materials furnished by it and its subcontractors at their standard rates and prices charged by them for the materials. 6. The labor and materials furnished are as explained on the invoices hereto attached as Exhibit «B" 7. The Claimant completed its work on the property on September 18, 2007 which is less than six months before the filing of this claim. 8. Claimant has been paid $4,200.00 and $4,897.99 toward the debt due Claimant and there is due and owing balance of $17,855.43 for which claim is made. Date: a L11() Anna Marie Sossong, $s ire Attorney ID No. 32808 John B. Zonarich, Esquir Attorney ID No. 79989 Skarlatos & Zonarich, LLP 17 S. Second Street, 6t' Floor Harrisburg, PA 17101 (717) 233-1000 Attorneys for Claimant VERIFICATION I, Walt Brown, declare that I am the 1°?IEOffymc,E?Tof'DLB Construction, Inc. DBA Deitzel Brothers, a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, that I am authorized to make this verification on its behalf, and hereby certify that the facts set forth in the following Mechanics Lien Claim are based upon information which I have furnished to counsel, as well as upon information which has been gathered by counsel and/or others acting on my behalf in this matter. The language in the Mechanics Lien Claim is that of counsel and not my own. I have read the Mechanics Lien Claim, and to the extent it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the Mechanics Lien Claim is that of counsel, I have relied upon counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Mechanics Lien Claim are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unworn falsification to authorities. DLB Construction, Inc. DBA Deitzel Brothers Dated: September 25, 2007 ?Z' alt Brown, EXHIBIT A Sep 19 2007 10:13RM DEITZEL BROTHERS/LEBO"S 7172416374 ? Q? },%???Fv r? 100 P.O. BOX 2614 HARRISBURG, PA 17105-2614 ROOFING AND SPOUTING SPECIALISTS SINCE 1932 "Proper Enghwriag u/ Cotutrietien Enam Hue Beeutp, Ls qu Lila end Complete Setieholea" PROPOSAL Date: May 30, 2007 To: Mr. Chris Byerly 104 East Main Street Mechanicsburg, PA 17013 Phone: Cell 902-1499 We agree to do the following: Roof Renewal 1Metall: Upper Main Roof 1. Remove two layers of existing roofing down to wood deck surface. 2. Install Drexrnet 24 gauge painted (color to be selected by customer) galvalume roofing system. 3. All debris removed by Deitzel Brothers. 4. 35 year manufacturer's paint warranty. 5. 5 year workmanship warranty upon completion of work and receipt of payment. The above complete material and labor for the sum oh $12,600.00 During application of new roofing any deteriorated areas of structure will be addressed on an additional time and material basis. Price based on removal of two layers of roofing. Any additional layers will be removed on a time and material basis. i 7I'MMON1 (7111286-7145 Terms: It Proposal is accepted please sign and date one copy, and keep the remaining copy for your records; mail in 1/3 deposit along with the signed copy. Balance due upon completion of work. I . Proposed price subject to change after +U days. 2. This proposal does not include any work except as specifically mentioned herein and no verbal agreements with our representatives shall be recognized. 3. Acceptance of this proposal will constitute a contract subject to approval of our credit department. 4. Not icsponsible for delay reason of strikes, w6dems, labor or material shortages, or other causes beyond our control. Respectfully s Omitted, It G a Accepted b - By: Date Date: ©Q? 1 P-2 iL EXHIBIT B . ,Sep 19 2007 10:14RM DEITZEL BROTHERS/LEBO"S 7172416374 P.8 Deltzel Brothers P. o. Box 2614 Harrisburg, PA 17105-2614 Bill To Chris Byerly 104 East Main Street Mechanicsburg, PA Invoice Date invoice 9/15/2007 2360 Terms Project Due on receipt Quantity Description Rate Amount Roof renewal (metal) upper main roof in 12,600.00 12,600.00 accordance with proposal dated May 30, 2007. Installed six inch half round galvanized gutter and 1,065.00 1,065.00 downspout on front side of house with shanks and circles as requested by customer. Initial discussion on pricing for gutter was for the use of strap hangers. Received job deposit. 4,200.00 -4,200.00 Total $9,465.00 Phone # Fax # (717) 238-7145 (717) 238-0897 Sep 19 2007 10:14RM DEITZEL BROTHERS/LEBO"S 7172416374 p.7 Deitzel Brothers P. 0. Box 2614 Harrisburg, PA 17105-2614 Bill To Chris Byerly 104 East Main Street Mechanicsburg, PA Invoice Date invoice # 8/3112007 2349 Terms Project Due on receipt Quantity Description Rate Amount Repaired front soffit and fascia wood with tie in to 7,225.26 7,225.26 floor joists. Installed customer provided fascia board Vented rear soffit and wrapped rear fascia board. (Labor: 101 hours @ $60.00 per hour; Materials: 1165.26) Additional charge for lumber that was not 355.17 355.17 incorporated into the August 3, 2007 invoice. Masonry repairs as requested by customer. Work 810.00 810.00 included exterior walls and basement stone repair. Additional minor repairs may still be required prior to project completion. Thank you for your business. Total $8,390.43 Phone # Fax # (717) 238-7145 (717) 238-0897 c-? o { ' .. w 1? .. i Z ° -77 4 -mot "x'Y SHERIFF'S RETURN - REGULAR j I** 41 CASE NO: 2007-05625 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DLB CONSTRUCTION INC ET AL VS BYERLY CHRISTOPHER J ET AL TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BYERLY GILLIAM P the DEFENDANT , at 1445:00 HOURS, on the 10th day of January , 2008 at 104 EAST MAIN STREET MECHANICSBURG, PA 17055 by handing to CHRISTOPHER BYERLY ADULT IN CHARGE 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 Affidavit Surcharge 0,1/6 r 9N,. 6.00 .00 .00 10.00 .00 d 16.00 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 01/10/2008 SKARLOTOS & ZONARICH By: A. D. SHERIFF'S RETURN - REGULAR 4 CASE NO: 2007-05625 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DLB CONSTRUCTION INC ET AL VS BYERLY CHRISTOPHER J ET AL TIMOTHY REITZ Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE BYERLY CHRISTOPHER J was served upon the DEFENDANT , at 1445:00 HOURS, on the 10th day of January , 2008 at 104 EAST MAIN STREET MECHANICSBURG, PA 17055 CHRISTOPHER J BYERLY by handing to 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 18.00 Service 9.60 Affidavit .00 Surcharge 10.00 ?' 00 g1Dt ?w. 37.60 Sworn and Subscibed to before me this of day So Answers: r? R. Thomas Kline 01/10/2008 SKARLOTOS & ZONARICH By:' Deputy Sh rif A.D. BYERLY ANSWER NEW MATTER AND SET OFF I DISK 121 MICHAEL L. BANGS, ESQUIRE ATTORNEY FOR DEFENDANTS I.D. NO. 41263 429 South 18'h Street Camp Hill, PA 17011 (717) 730-7310 DLB CONSTRUCTION, INC., ) IN THE COURT OF COMMON PLEAS d/b/a DEITZEL BROTHERS, ) OF CUMBERLAND COUNTY, Plaintiff ) PENNSYLVANIA vs. ) NO. 5625 OF 2007 MLD CHRISTOPHER J. BYERLY and ) CIVIL ACTION - LAW GILLIAN P. BYERLY, ) MECHANICS' LIEN Defendants ) NOTICE YOU ARE HEREBY NOTIFIED TO RESPOND TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED A AINST YO X. _ Z MICHAEL L. BANGS (6/#41263) Attorney for Defendant 429 South 18th Street, Camp Hill, PA 17011 (717) 730-7310 DEFENDANTS' ANSWER, NEW MATTER AND SETOFF AND NOW come the Defendants by and through their counsel Michael L. Bangs, Esquire, and in support thereof file the following Answer, New Matter and Setoff: 1. Admitted. 2. Defendants are without knowledge sufficient to form a belief as to the truth of this averment and therefore this averment is denied and strict proof thereof is demanded at the trial of this case. 3. Defendants are without knowledge sufficient to form a belief as to the truth of this averment and therefore this averment is denied and strict proof thereof is demanded at the trial of this case. 4. Admitted. BYERLY ANSWER NEW MATTER AND SET OFF / DISK 121 JURISDICTION AND VENUE 5. Admitted. 6. Admitted. BACKGROUND 7. Defendants acknowledge that the Plaintiff has filed a mechanics' lien claim on September 26, 2007 and that Exhibit A represents the true and correct copy of that mechanics' lien claim. Without referencing all of the averments in that mechanics' lien claim, they are specifically denied and strict proof of those specific averments are demanded at the trial of this case. 8. Admitted in part and denied in part. It is admitted that Plaintiff has made a claim in the amount of $17,855.43. It is denied that Plaintiff is entitled to receive any amounts from Defendants for the reasons set forth in the New Matter and Setoff which is contained herein. WHEREFORE, Defendants demand judgment against Plaintiff together with costs of suit. NEW MATTER 9. Paragraphs 1 through 8 are incorporated herein by reference. 10. On or about May 30, 2007, Defendants contracted with Plaintiff to install a new metal roof on Defendants' residence. 11. Plaintiff held itself out to be an expert in the removal and repair of metal roofs and based upon those representations, Defendants entered into a contractual relationship with Plaintiff. 2 BYERLY ANSWER. NEW MATTER AND SET OFF / DISK 121 12. Plaintiff advised Defendants that it would take approximately two weeks to complete once the project was underway. 13. Because of various delays by Plaintiff, work did not commence until July 18, 2007. Again, Plaintiff advised Defendants that it would take two weeks to complete the work. 14. The initial proposal for completion of the work was $12,600.00 and Defendants provided Plaintiff with a deposit of $4,200.00 so that the work could be commenced. 15. By the end of August, 2007, the work under the terms of the contract had not been completed by Plaintiff. 16. From the period of July through the end of August, 2007, Plaintiff had left the roof uncovered and had stripped the prior roofing off the structure leaving it exposed to the weather. 17. On more than one occasion, Defendants advised Plaintiff that water was seeping into the house causing damage to the inside of the house. 18. Defendants also notified Plaintiff that they were concerned about the workmanship of the work that was being done because of not only the delays in the completion of the work but the quality of the work itself. 19. Defendants were advised by Plaintiff that much of the delay was caused because of manpower shortages in Plaintiff's company and due to other projects. 20. During the course of the project, Plaintiff billed Defendants for additional labor and materials for woodwork allegedly required to accomplish the work under the proposal dated May 30, 2007 in the amount of $4,897.99. 21. Defendants, based upon Plaintiff's representations that this work was in addition to the initial proposal, paid this invoice. BYERLY ANSWER. NEW MATTER AND SETOFF/ DISK 121 22. Thereafter, by invoice dated August 31, 2007, Plaintiff submitted to Defendants an additional invoice for repair of the front soffit and fascia wood; for additional lumber allegedly provided under the previous invoice dated August 3, 2007; and for some masonry repairs. The total amount claimed to be due and owing under the invoice was $8,390.43. 23. The August 31, 2007 invoice indicated that there was 101 man hours committed to completing the work on the soffit and fascia wood. 24. Defendants questioned Plaintiff about the bill, specifically the claimed man hours for this additional work. 25. Plaintiff never responded to Defendants or Defendants' counsel providing backup support for the invoice. 26. Defendants were present when the additional work was performed and knew that it did not take 101 man hours to complete this work. 27. In the beginning of September, 2007, Plaintiff advised Defendants that they were completed with the project. 28. On or about September 15, 2007, Plaintiff submitted an additional invoice to Defendants for the unpaid balance of the original proposal plus an additional charge for galvanized gutter. 29. Defendants advised Plaintiff throughout this work and at the time that the work was alleged completed that there were problems with workmanship and that it was not finished. SETOFF 30. Paragraphs 1 through 29 are incorporated herein by reference. 4 BYERLY ANSWER. NEW MATTER AND SETOFF/ DISK 121 31. After Plaintiff left the project indicating that it was finished with the work, Defendants had the work reviewed by two separate companies, one an engineering firm (Criterium Yingst Engineers, Inc.) and the other a company that specializes in metal roofing (Allied Roofing & Sheetmetal, Inc.). 32. Both Criterium Yingst Engineers, Inc., and Allied Roofing & Sheetmetal, Inc., indicated that the work was less than professional standard and not done in a good and workmanlike fashion. 33. Both Criterium Yingst Engineers, Inc., and Allied Roofing & Sheetmetal, Inc., indicated that significant repairs or corrections are needed to the work performed by Plaintiff so as to ensure that the metal roof is completed properly. 34. Criterium Yingst Engineers, Inc., indicated that Defendants were significantly overcharged for the work allegedly performed under Invoice dated August 31, 2007 and additionally were overcharged with an excessive labor rate on Invoice dated August 3, 2007. 35. The interior of the house walls also needed to be tested for mold and remediation to occur as a result of the excessive water that leaked into the property during the course of the project which should have been resolved by Plaintiff prior to completion of its work. 36. When the Plaintiff left the project, it did not repair the fence nor restore the landscape of the Defendants' property to the condition that it was prior to the commencement of the project. 37. The deficiencies in the work and the poor workmanship of the Plaintiff will require the following repairs to be completed: A. Replace the entire rear section of the roof; 5 BYERLY ANSWER NEW MATTER AND SET OFF / DISK 121 B. Remove all existing metal roofing and flashing; C. Supply and install new underlayments; D. Supply and install new metal roofing panels; E. Installation of new flashing and trim; F. Installation of a soffit vent and correction of the ridge vent; G. The testing for mold/microbial matter including any remediation; H. The repair of the fence and landscape; 1. The placing of snow guards. 38. The total costs that Defendants have or will incur for the various repairs and/or corrections to the work or damages caused by Plaintiff are in excess of $20,000.00. 39. Defendants are also entitled to receive an adjustment of the excessive labor charges charged by Plaintiff. 40. Defendants demand a setoff that will exceed $20,000.00 and will include adjustment of all labor charges charged by Plaintiff, said setoff exceeding the amount claimed in this action by Plaintiff. WHEREFORE, Defendants demand judgment against Plaintiff in the amount of the setoff which said setoff exceeds the amount of the mechanics' lien thus requiring the mechanics' lien to be satisfied. Respectfully submitted, MICHAEL L. BANGS P. 441263) Attorney for Defendants 429 South 18th Street, Camp Hill, PA 17011 (717) 730-7310 6 VERIFICATION We hereby verify that the statements made in the foregoing are true and correct. We understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: T?? , ? - Y v ^? GILLIAN RLY BYERLY ANSWER. NEW MATTER AND SET OFF / DISK 121 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served the foregoing DEFENDANTS' ANSWER, NEW MATTER AND SETOFF, by depositing a copy of the same in the United States mail, postage prepaid, at Camp Hill, Pennsylvania, addressed to the following: Anna Marie Sossong, Esquire Skarlatos & Zonarich 17 South Second Street, 6`h Floor Harrisburg, PA 17101 DATE: 0 ?' ENDY RAUB Paralegal 8 I 1r. ' j ::7 [ . DLB CONSTRUCTION, INC., COURT OF COMMON PLEAS OF d/b/a DEITZEL BROTHERS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, : No. 5625 of 2007 MLD V. CHRISTOPHER J. BYERLY and CIVIL ACTION GILLIAM P. BYERLY, MECHANICS' LIEN Defendants. PLAINTIFF DLB CONSTRUCTION, INC., d/b/a DEITZEL BROTHERS' REPLY TO NEW MATTER AND SETOFF OF DEFENDANTS CHRISTOPHER J. BYERLY and GILLIAN P. BYERLY AND NOW comes Plaintiff DLB Construction, Inc., d/b/a Deitzel Brothers, (hereinafter "Plaintiff") by and through its counsel, Skarlatos & Zonarich LLP, and files the following Reply to New Matter and Setoff of Defendants Christopher J. Byerly (hereinafter "Defendant Chris Byerly" or collectively "Defendants") and Gilliam P. Byerly (hereinafter collectively "Defendants"), and in support thereof avers the following: REPLY TO NEW MATTER 9. The averments set forth in Plaintiff's Complaint are incorporated herein by reference as if fully set forth herein. 10. Admitted. 11. Denied. Plaintiff advertises itself as a "Slate and Metal Roof Specialist." By way of further response, Plaintiff did not remove a metal roof from Defendants' property nor did it repair a metal roof on Defendants' property. Plaintiff further denies the terms "held itself out" and "representations" as they are vague and undefined by Defendants. 0 - 1 - 12. Admitted in part. Denied in part. It is admitted only that Plaintiff indicated it would take approximately two (2) weeks, or fourteen (14) days, to install a new metal roof. Plaintiff denies Defendants' implication that the two (2) weeks would be consecutive. By way of further response, Plaintiff installed the new metal roof in twelve and one half (12 %i) working days. 13. Denied. Plaintiff commenced work on Defendants' property on or about July 30, 2007. At the time the proposal was signed in May 2007, Defendant Chris Byerly informed Plaintiff that the work could not begin until after the project was approved by the Borough Council of Mechanicsburg. Initially, Defendant Chris Byerly anticipated the project being approved at the July 17, 2007 Council meeting. However, unbeknownst to Plaintiff, the project was actually approved at the June 19, 2007 meeting. Plaintiff had already scheduled projects out to August 2007. By way of further response, in Defendant Chris Byerly's letter dated August 22, 2007 addressed to Walt Brown, he stated that "actual work began at my property in August 2007." (A true and correct copy of the letter dated August 22, 2007 is attached hereto as Exhibit "A" and incorporated by reference herein.) Additionally, Plaintiff s herein response to Defendants' paragraph 12 is incorporated by reference as if fully set forth at length herein. 14. Admitted. 15. Admitted in part. Denied in part. It is admitted that the metal roof on the Upper Main Roof, the original requested work, was not complete by the end of August 2007. Plaintiff denies Defendants' characterization and implication that the work was not complete by reason of Plaintiff. Any and all factual averments are denied unless otherwise -2- expressly admitted. By way of further response, Plaintiff was prepared to begin installing the metal roof on August 17, 2007 as per the original agreement. Plaintiff could have completed the job as per the original agreement by the end of August. However, on August 17, 2007, while Plaintiff was preparing to work on Defendants' property, Defendant Chris Byerly instructed Plaintiff's senior person on site to tear down fascia board. The replacement fascia board and build-out created additional work (hereinafter "additional work"). Indeed, the additional work directed by Defendant Chris Byerly was not included in the services ordered under the proposal dated May 30, 2007. Because of the construction technique involved with the additional work, the requested additional work had to be completed prior to starting the work for the original agreement. As a result of the additional work involving the build-out of the fascia/soffit directed by Defendant Chris Byerly, the edge metal of the roof had to be re-fabricated prior to installation. Defendant Chris Byerly acknowledged this request in his letter of August 22, 2007. (See Exhibit "A" 16. Denied. At all times after the old roofing material was removed there was at least one (1) layer of thirty (30) pound felt on the roof. By way of further response, Defendant Chris Byerly admitted in his letter dated August 30, 2007 that Plaintiff "installed Ice & Water membrane as well as felt paper and, for intermittent periods, secured a tarp over the gable roof." (A true and correct copy of the letter dated August 30, 2007 is attached hereto as Exhibit "B" and incorporated by reference herein.) 17. Admitted in part. Denied in part. It is admitted that Defendant Chris Byerly reported to Plaintiff that water was leaking from the roof. Plaintiff denies Defendants' -3- characterization of the same. Any and all factual averments are denied unless otherwise expressly admitted. The first notification of water leakage was on or about August 10, 2007. Plaintiff's Vice President, Walt Brown, sent two (2) roof technicians to Defendants' property to check on the thirty (30) pound felt. At that time, the technicians re-sealed around the edges of the felt. On or about August 21, 2007, the second report was received. At that time, Walt Brown went to Defendants' property and laid out tarps on the attic floor along the perimeter. No water appeared to be infiltrating through the floor. On that same day, two (2) of Plaintiff's roof technicians were sent to the property to install a tarp over the thirty (30) pound felt. It was not until several days later that Defendant Chris Byerly indicated he had experienced a water spot on the second floor bedroom ceiling. He denied access to Plaintiff to view the spot on the ceiling. Defendant further denied Plaintiff's insurance carrier access to inspect as well. Thus, after reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the damage to the inside of the house. Accordingly, the same is denied and strict proof thereof, if relevant, is demanded at time of trial. 18. Denied. At no point during this project did Defendants mention concerns about the quality of the work being performed. By way of further response, when Plaintiff performed the requested additional work, Defendant Chris Byerly indicated in his letter dated August 22, 2007, that he was concerned about openings around the new fascia board. (See Exhibit "A"). This "add-on" project was not finished at the time, and the openings around the new fascia board had not been completed. Defendant Chris Byerly did not -4- address this as a "quality" issue, but rather provided specific directions on how he wanted it to be completed. 19. Denied. Plaintiffs herein response to Defendants' paragraph 13 is incorporated by reference as if fully set forth at length herein. By way of further response, on July 30, 2007, Plaintiff was scheduled to start a project in Harrisburg. Upon arriving at the jobsite in Harrisburg, it was determined that there was going to be at least a one (1) week delay before that project could begin. Plaintiff's Vice President, Walt Brown, contacted Defendant Chris Byerly and informed him that Plaintiff could begin his project immediately if it was acceptable to Defendants for Plaintiff to work on his project during the week of July 30, 2007 and then put Defendants' project on hold for five (5) to ten (10) working days while the Harrisburg project was worked. Defendant Chris Byerly agreed to this arrangement. Plaintiff would not have commenced the work at Defendants' property without this agreement. Further, in Defendant Chris Byerly's letter dated August 22, 2007, he acknowledged this agreement to the arrangement. (See Exhibit "X'). 20. Admitted in part. Denied in part. It is admitted only that Plaintiff billed Defendants for requested additional work on a time and materials basis. Plaintiff denies Defendants' characterization of the same. Any and all factual averments are denied unless otherwise expressly admitted. Defendant Chris Byerly acknowledged the additional work in his letter dated August 22, 2007. (See Exhibit "X'). The woodwork in the attic to support the rear section of the gable roof and the installation of sheathing over that section was required. During the initial meeting in May 2007, it was Plaintiff's understanding that Defendants did not own the property; as a result, Plaintiff was not able to gain access into -5- the property in order to develop a cost for the required woodwork. This was discussed with Defendant Chris Byerly in May 2007, and he wanted the woodwork accomplished. While the woodwork was being completed in early August 2007, Defendant Chris Byerly indicated he wanted the entire roof area where the metal roof was to be installed re- sheathed and supports installed under the front section of the gable roof, which was also "add-on"/additional work. This "add-on" directed by Defendant Chris Byerly was not required, but it did provide for an improved working surface. 21. Admitted in part. Denied in part. It is admitted only that Defendants paid the invoice. Plaintiff denies Defendants' characterization regarding the same. Plaintiffs herein response to Defendants' paragraph 20 is incorporated by reference as if fully set forth at length herein. 22. Admitted in part. Denied in part. It is admitted only that Plaintiff gave Defendant an invoice dated August 31, 2007, in the amount of $8,390.43. Plaintiff denies Defendants' characterization of the same. Any and all factual averments are denied unless otherwise expressly admitted. By way of further response, the August 31, 2007 invoice included charges for additional work requested by Defendants that did not have to be accomplished in order for Plaintiff to install the metal roof. The existing fascia board had experienced rodent damage, but it was not necessary that it be repaired for the metal roof to be installed. The front of Defendants' property had existing fascia board that was set back under the roof overhang and would not support a gutter. The existing gutter had been installed using roof straps that wrap around the gutter and then fasten to the surface of the roof. In Defendant Chris Byerly's submission to the Pennsylvania Attorney General dated -6- September 30, 2007, he states "I had to show members of [Plaintiffs crew how to properly install a faceboard and trim it out ...." (Exhibit C, ¶ 3). (A true and correct copy of the complaint explanation from the September 30, 2007 submission are attached hereto as Exhibit "C" and incorporated by reference herein.) Correspondence from Defendants' counsel dated September 19, 2007 states "it was apparent that the work was not satisfactory and solely as a result of [Defendants'] input, additional measures were undertaken to complete that work." This additional work was all work that was not required to accomplish the scope of the proposal dated May 30, 2007 and requested by Defendants to be completed. 23. Admitted in part. Denied in part. It is admitted only that the August 31, 2007 invoice includes 101 labor hours. Plaintiff denies Defendants' characterization of the same. Any and all factual averments are denied unless otherwise expressly admitted. By way of further response, the 101 hours, in addition to requested additional work, include the installation of the AZEK board, a material specifically requested by Defendant Chris Byerly. This matter was much more complex than only changing out a fascia board. Defendant Chris Byerly directed that he wanted the additional work. 24. Denied. Defendants did not question the invoice or the man hours. By way of further response, when Plaintiff inquired about payment for the same, Defendant Chris Byerly replied that he had to "get organized" prior to any discussions. On Defendant Chris Byerly's calendar submitted to the Attorney General, he notes on September 4, 2007 "Walt discuss invoice" and on September 5, 2007 "Walt calls for invoice." (A true and correct copy of the September 2007 calendar is attached hereto as Exhibit "D" and incorporated by 7- reference herein.) Also in this Attorney General submission, Defendant Chris Byerly provided notes that stated on September 14, 2007 "Walt makes another inquiry into the status of invoice # 2349 while at my property about 8:30am. He asks when I will pay the invoice, I answered by asking when the roof was going to done. He asked if I was going to wait to make all payment until completion of the job, I said Yes and he said he was fine with that." (A true and correct copy of the notes from the September 30, 2007 submission are attached hereto as Exhibit "E" and incorporated by reference herein.) Defendants did not request any additional documentation regarding support of the invoice. 25. Admitted in part. Denied in part. Any and all factual averments are denied unless otherwise expressly admitted. Plaintiff did not receive any requests from Defendants for additional information or backup support regarding the invoices. Plaintiff s herein response to Defendants' paragraph 24 is incorporated by reference as if fully set forth at length herein. By way of further response, Plaintiff received only one unsigned letter from Defendants' counsel stating "I look forward to receiving the documentation supporting your additional invoice." By this time the matter was being handled by counsel for both Plaintiff and Defendants. 26. Denied. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments contained in Defendants' paragraph 26. Accordingly, the same is denied and strict proof thereof, if relevant, is demanded at time of trial. By way of further response, Defendants were not always home while the fascia work was being accomplished. -8- 27. Denied. Defendant Chris Byerly was notified via telephone on September 19, 2007 by Walt Brown that the work had been completed. On Defendant Chris Byerly's calendar submitted to the Attorney General, he noted on September 19, 2007 "Walt calls telling me the job is finished. Hands me bill in afternoon." (See Exhibit "D"). In addition, Mr. Brown requested a meeting with Defendant Chris Byerly at that time in order to go over the final invoice dated September 15, 2007 and the August 31, 2007 invoice that remained unpaid. During this telephone call, Defendant Chris Byerly advised Walt Brown to contact Defendants' attorney. 28. Admitted in part. Denied in part. It is admitted only that Plaintiff provided a bill to Defendants dated September 15, 2007. Plaintiff denies Defendants' characterization of the same. Any and all factual averments are denied unless otherwise expressly admitted. Plaintiffs Vice President, Walt Brown, personally delivered this invoice to Defendant Chris Byerly on September 19, 2007. Plaintiff's herein response to Defendants' paragraph 22 is incorporated by reference as if fully set forth at length herein. By way of further response, Defendant Chris Byerly requested Plaintiff replace the galvanized gutter and downspout on the front of Defendants' property. 29. Denied. At no point during this project did Defendants mention concerns about the quality of the work being performed. Plaintiff's herein response to Defendants' paragraph 18 is incorporated by reference as if fully set forth at length herein. WHEREFORE, Plaintiff demands judgment against Defendants in the sum of $17,855.43, with interest from September 26, 2007, and costs. -9- REPLY TO SETOFF 30. Plaintiff incorporates by reference the averments contained in Paragraphs 9 through 29 of this Reply to New Matter and Setoff, and its Complaint, as if fully stated herein. 31. Admitted in part. Denied in part. It is admitted only that Defendants had two companies look at the property. Plaintiff denies Defendants' characterization of the same. Any and all factual averments are denied unless otherwise expressly admitted. By way of further response, the inspection done by Criterium Yingst Engineers, Inc. was prior to Plaintiff's completion of the project. 32. Denied. The reports issued by Criterium Yingst Engineers, Inc. and Allied Roofing & Sheetmetal, Inc. are written documents that speak for themselves. Plaintiff objects to Defendants characterization of the same. Strict proof thereof, if relevant, is demanded at time of trial. By way of further response, the inspection done by Criterium Yingst Engineers, Inc. was prior to Plaintiff's completion of the project. 33. Denied. Paragraph 32 is incorporated by reference as if fully set forth at length herein. Strict proof thereof, if relevant, is demanded at time of trial. 34. Denied. Paragraphs 32 and 33 are incorporated by reference as if fully set forth at length herein. Strict proof thereof, if relevant, is demanded at time of trial. 35. Denied. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments contained in Defendants' paragraph 35. Accordingly, the same is denied and strict proof thereof, if relevant, is demanded at time of trial. By way of further response, Plaintiff was not advised -10- of any significant property damages until counsel for Defendants' letter dated September 19, 2007. Plaintiff initiated an insurance claim with Pennsylvania National as a result of this notice. Defendants, through their counsel, denied Pennsylvania National access to Defendants' property to inspect for the alleged water damage. 36. Denied. Plaintiff was not requested to repair a fence or re-install or repair any landscaping. Strict proof thereof, if relevant, is demanded at time of trial. 37. Denied. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments contained in Defendants' paragraph 37. Accordingly, the same is denied and strict proof thereof, if relevant, is demanded at time of trial. 38. Denied. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments contained in Defendants' paragraph 38. Accordingly, the same is denied and strict proof thereof, if relevant, is demanded at time of trial. 39. Denied. This is a conclusion of law to which no responsive pleading is required; therefore, Paragraph 39 is denied. Strict proof thereof, if relevant, is demanded at time of trial. 40. Denied. This is a conclusion of law to which no responsive pleading is required; therefore, Paragraph 40 is denied. Strict proof thereof, if relevant, is demanded at time of trial. -11- WHEREFORE, Plaintiff demands judgment against Defendants in the sum of $17,855.43, with interest from September 26, 2007, and costs. S TO & ZON CH ? Dated: March 20, 2008 By: ?i,?i Marie Soss n , s e Attorney ID # 3280 John B. Zonarich, Esquire Attorney ID # 79989 Amy E. Lansberry Attorney ID # 200328 Skarlatos & Zonarich Building 17 South Second Street, 6th Floor Harrisburg, Pennsylvania 17101 (717) 233 -1000 Attorneys for Plaintiff -12- VERIFICATION I, Walter W. Brown, II hereby certify that the facts set forth in the foregoing document are based upon information which I have furnished to counsel, as well as upon information which has been gathered by counsel and/or others acting on my behalf in this matter. The language in the document is that of counsel and not my own. I have read the document, and to the extent it is based upon information that I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid document are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Dated: March 20, 2008 a Vice President DLB Construction, Inc. ?,rbit A' Christopher J. Byerly 104 East Main Street, Mechanicsburg, PA 17055 Home Phone: 717-790-9042 - Mobile Phone: 717-802-1499 August 22, 2007 Walt Brown, Principal Deitzel Brothers P.O. Box 2614 Harrisburg, 17105-2614 Dear Mr. Brown: I am uncomfortable with several aspects of the current roofing project at my property at 104 East Main Street, Mechanicsburg, Pennsylvania. I would like Deitzel Brothers (DB) to address the following Issues: (1) Fascia (faceboard), (2) Soffit Vents & Ridge Vents, and (3) Scheduling. Background: On May 30th 2007 I met with a gentleman named Gene" from DB to go over the roof project proposal. The project is to complete the installation of a galvalume standing seam metal roof system. The contract Includes removing the existing shingles, preparing the roof deck and installing the roof system. The proposal does not include details on how DS will create the "roof system" e.g. flashing, ice & water, felt paper, etc. At our meeting on May 30th Gene from DB explained that all the details listed above and more were Implied by"the tern "roof system." Gene went further to say that it would include a ridge vent which was standard in DS metal roof construction. Based on our discussion of May 30th I felt comfortable with the project plan and the capability of DB to perform the work and signed the proposal. The cost of the proposal was $12,600. Upon acceptance of the proposal on May 30th 2007, I provided the 113 deposit of $4,200.00 to DS. Additionally, other work was to be completed on a time & material basis: supporting the roof internally with a knee wall system and installing new 5/8" plywood sheathing on the existing roof decks. This work has been completed for $4,897.99 and I have paid Invoice# 2333 in full for this time & material work on August 90 2007. Since actual work began at my property in August 2007 I have no longer been dealing with Gene and have working with Walt Brown who is a principal of DS. Items Z want addressed and completed by Deltsel Brothers (1) Fascia (faceboard): Currently DS has removed the old original faceboard from the front of the house. DS has replaced the face board with 2x8 and 2x10 dimensional lumber (see picture A). Currently there Is an approximately 6" gap from the top of the faceboard to the new plywood roof deck (See picture B, C & D). This gap is unacceptable and a solution must be created to correct this gap that is acceptable to both DB and Chris Byerly. The solution will eliminate this gap and secure the faceboard and "beautyboard" (made of white composite material) so that it is watertight and ascetically pleasing with an appropriate look from street level. I do not want to see any light or air space between the top of the faceboard and "beauty board" and the roof deck. I would like a full estimate of the cost and a detailed plan of your proposed solution. Christopher I Byerly 104 East Main Street, Mechanicsburg, PA 17055 Home Phone: 717-790-9042 - Mobile Phone: 717-802-1499 (2) Ridge & Soffit Vents: On the matter of a ridge vent and soffit vent, it is my desire to have a roof system with a ridge vent and corresponding soffit vent. I want a passive air flow system where cool air from below the roof gable can enter the soffit via vents and replace hotter air in the attic by enabling it to exist out the ridge vent. I want to minimize, at all costs, drawing air from inside the living space of the house for air exchange. Because a ridge vents can expose the Interior attic space directly below-the roof to moisture from heavy rain, wind driven rain, as well as snow and Ice build up I want to install a ridge vent system called Cor-A-Vent (purchased by me and currently on site with instructions and measured drawings) which will reduce the risk of moisture being driven through the ridge vent and into the attic space. Additionally I would like the Cor-A-Vent soffit vent system (purchased by me and currently on site with Instructions and measured drawings ) installed on the front and rear of the gable roof soffit areas to facilitate adequate passive air flow for the ridge vent. (3) Scheduling: I realize that DB has suffered from a having multiple ongoing jobs spreading its labor resources thin during my project. As an accommodation to DB, I allowed your work crews to remove the existing roof shingles while they had other project obligations. I was told this would be helpful to DS to keep crews busy because of scheduling conflicts and delays with other projects. Unfortunately this has left my roof exposed for nearly 3 weeks and as a consequence my property has suffered water infiltration into the attic space, insulation and other areas unknown at this stage. The heavy rain and poor roofing weather we have experienced In Central Pennsylvania has further hampered the progress of this roofing project. During this three week period DB has had more than able time to develop a plan to address the roof vent, soffit vent and fascia issues listed above. I would like to have written assurances that DB will keep their labor force on my job from now until it is finished baring weather delays. Thank you for attention in this matter. On a personal note, I have enjoyed getting to know several of your employees and they have been pleasant and courteous in all my interactions with them. I confident we can resolve these Issues and complete what will be a very good looking metal roof system on my property. Best ristopher J. Byerly 104 East Main Street Mechanicsbug, PA 17055 Home Phone: 717-790-9042 Mobile Phone: 717-802-1499 Ex L, ? f+ Christopher I Bveri Home Phone; 717-790-9042 - Mobile Phone: 717-902.1499 August 30, 2007 Walt Brown, Principal Deitzel Brothers P.O. Box 2614 Harrisburg, 17105-2614 Fax: 717-241-6374 Dear Mr. Brown: I am limiting to confirm and memorialize our conversation on my property at 104 East Main Street regarding my roofing project yesterday August 29th 2007. I ant confirming that you have informed me that you have decided not to respond In writing to any of my written 4rrqulries dated: August 22, 2007 and August 28, 2007. 3 am made to understand that you want to keep all communication from Dafizel Brothers (DO) In non-written format excluding the RWMI contract You have further explalned that DB stands by Its cm* ct and that the contract language cw taiced therein Is a suMdant written response. We have agreed that the gable and upper sloped roof surfaces on my property have been without shingles or meth for approximately a 6 week period. As a co ure to rain and moisture DS has InMaalled lea a Water membrane as well as felt paper and, for interment periods, secured a tarp over the gable roof. It was also agreed that during the approximately 6 week period the roof has experienced water Infiltration Into the - attic space and into the living space of the home. It was agreed that this roofing project has taken longer than Irdtlally estimated due to Intermittent poor weather conditam, labor turnover at DB and to ongoing obligations of DS for other auetomers. Additionally you have made It dear that you will not guarantee the evaliability of DWs labor force to be on my job from now until it Is completed because of other ongoing obligations of IN, the potential for poor weather, and other matters that are unforeseen at this point. I was very happy to see that you had 4 employees woridng on my project yesterday and two sum mad employees on the project today August 30, 2007. All of your employees I have :Md brief dealings with have been very courteous and when they have used my tools to supplement tools dreg did not haw on the job they treated my tools vrith the utrriast are and respect. My wife and I are very excited to no the finished project and enjoy our new standing seem metal roor system. Most gopher 19yerly 104 East Main Street Mechanlcsbcmg, PA 17055 Horne Phone: 717-790-9042 Mobile Phone: 717-802-1499 ?t???? CHRIS BYERLY - Deitzel Brother's Roof System Project - 2007 On May 300 2007 I signed a contract proposal with Deltzel Brothers (DB), a roofing contractor, to install a metal roof system for my residence at 104 East Main Street Mechanicsburg. The contract included removing the old shingles, preparing the roof deck and installing metal roof system. I was told by DB that this "roof system" implied that there would be several items included e.g. the flashing, roof membrane, felt paper, gutter work, etc. Major Complaints: 1. I was initially told on May 30"' 2DD7 to expect the job, once started, to take about two weeks - It took nine weeks to complete. 2. I sent DB 3 written Inquiries (August 22th, 28th, 30th 2007) asking for written estimates for work that was to be completed, a project plan, and scheduling assurances. All three letters were ignored and when I spoke about my letters in person with DB's owner Walt Brown he said he did not have the time nor the interest to respond in writing and that contractors like to keep things "verbal." 3. I had to show members of DB's crew how to properly install a faceboard and trim it out which should be something known to building professionals. 4. On August 29th 2007 I told Walt Brown that my wife and I were very inconvenienced by the length of the job (approximately 7 weeks at the time), and the exposure of the roof to weather as well as the water filtration we experienced. Walt Brown told me that that "inconvenience" was not a valid complaint because "all remolding is inconvenient" and there was nothing he could do about it. 5. When I told Walt Brown my roof was being exposed to weather for an excessive amount of time (9 weeks in total) Walt Brown disagreed stating that "your roof is not exposed because it has felt paper on It." When I asked how he can explain the need for the buckets and tarps DB provided us to be positioned in the attic to help mitigate the water infiltration that was damaging the interior of my house he then proceeded to say that he was going to contact the felt paper company and ask them why it was leaking. 6. His crew struggled with several aspects of the job including the replacing the front faceboard, the internal knee wail to support the roof, soffit vents, the flashing of the sides and valley of the roof, bending and stalling the metal without damaging the baked on finish. It appears that the DB does not have skilled labor resources to produce the quality of work they represented when they initially claimed to be an historic and restoration experts. 7. The owner of DB Walt Brown tried to intimidate me in person and on the phone to pay an invoice that was for $8,3090.43 within 24 hours of receipt and when I told him there was not enough detail he pulled his men off my job. When I said I was still not prepared to pay it immediately without more detail he threatened to have his law firm take legal action against me. When I still refused to pay but told him I would get a lawyer as well, and that he was obligated to finish the roof contract and keep my roof safe -he agreed and put men back on my job the next day. 8. On September 4th 2007, Wait Brown pointed out to me in my backyard how the rear gable roof (the roof section that 1 paid extra time and material work to be straightened and supported from the inside - paid invoice #2333) still had bends and waviness in it. Walt Brown said he knows that his crew member was too fix that but he 'now felt it was a nice "patina" that worked well with the age and look of my home. 9. Because of concerns of the workmanship and upon advice of my lawyer I have retained an engineering firm, Criterium Yingst Engineers, to Inspect the quality of the work completed and determine a fair price by industry standards. (Criterium Yingst Engineers 421 West Chocolate Ave., Hershey, PA 17033, ph: [2.8001231 3346. - fax: 1717) 533-3376). I now am waiting for the engineering report to be completed. 10. As an accommodation to DB, I allowed them to remove the south section of my backyard fence and gate so they could get their truck and materials closer to the worksite. DB assured me that they would put the fence back when the job was complete and they have not so and I will now have to hire another contractor to restore the fence and gate to Its original condition. ?k?sd%? ? I s? M f, J ? ZJ-? 2 0.1 cv- s w GG 4 ??,., ?r N N O? N _ i ? n l J LAA ( ?p T? a rte { Jr- j N N C-1 r cA ?, r? An 136 ??- d J LA s ao-6 m 0 cc T4 L4 1.1, 3 '° 1N I? x ? yb?`? Chris Byerly - NOTES September 4, 2007 Walt Brown met me at 4pm at my property. He wanted to hand deliver a T&M invoice 42349 for work on the fascia, soffit, masonry and some material that did not get put on the last T&M Invoice, Walt said he wanted payment Immediately. The bill does not have sufficient detail of the work completed as was requested in my previous letters sent to him. He there was still some other work that needed done by the mason, a caulk job out front. He commented on the waviness and shadowing of the metal on the back side of the gable roof.. This was due he said from the T&M work completed by DB employee Cory who was to straighten and support , the roof with an Internal knee wall and add supporting sheeting on the outside to make the roof deck surface, straight, uniform and flat to receive the metal. A much older repair of 60+ years ago was done on the front of the roof. By admission of Walt, Randy and Kent the front was very straight and as a consequence the metal went on very fast and straight on the front gable. The rear gable which was to be corrected by the ?&M work is still not flat, now we have waves and bumps. Additionally, Randy said today how the metal they are using now is new to them and Is a much heavier gage which has been challenging to work with because it also has a pre-painted finish on it, they can't let it get scratched or dented or it will violate the paint finish. Also they have had some trouble seaming It as Is evidenced by the crinkles and scratches in the folds of the seams. The heavy gauge and stiffness of the material is making for bad looking seams and I am unsure of the Impact of the Installation to the weather tightness and to the warranty of the 35 year finish guarantee September nth - 6th 2007 A series of phone conversations with Walt Brown and myself starting September 51' asking for immediate payment of #2349. When I told him I'had questions about the invoice and was not prepared to pay It Immediately Walt told me he would remove his men from my project until we resolved the Issues with the invoice and it got paid. September 6th workers only came to my property early in the morning to remove some equipment and caulk some large holes in the roof. They were on the property for a total of 25 minutes. Walt called in the around 1pm in the afternoon asking If I was prepared to pay the bill yet. I said not until we work out the Issues. Walt said that in this case he was going to have his law firm engage with me and they would be writing me a letter. I gold him that In this case we have nothing more discuss 1 must now retain legal council in response to his. Walt called back at 2:30pm saying that he would be on my job again the next morning Friday and that he would stay on the job until It Is done, he said he is very disappointed, but'a.greed that the job has taken about 8 weeks thus far and that further it was his responsibility to finish the contract work and keep my roof safe from weather In the Interim. September 14th 2007 Walt makes another Inquiry Into the status of invoice #2349 while at my property about 8:30arn. He asks when I will pay the invoice, ] answered by asking when the roof was going to done. He asked If I was going to wait to make all payment upon completion of the job, I said Yes and he said he was fine with that. CERTIFICATE OF SERVICE I, Elizabeth L. Farnsworth, an employee with the law firm of Skarlatos & Zonarich LLP, hereby certify that I this day served a copy of the foregoing PLAINTIFF DLB CONSTRUCTION, INC., d/b/a DEITZEL BROTHERS' REPLY TO NEW MATTER AND SETOFF OF DEFENDANTS CHRISTOPHER J. BYERLY and GILLIAN P. BYERLY upon the person(s) indicated below by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, and addressed as follows: Michael L. Bangs, Esquire Bangs Law Office 429 South 18'h Street Camp Hill, PA 17011 Date: March 20, 2008 Elizab th L. Farns orth Paralegal h 1 ?. C J ? ..? ,,,,.m. '?'? s `' ? t ^,? =? e' ?: 3 ?} ?. €i ??? ..?, (_' 1 ?"? ,..;e .?., ..{ SKARLATOS & ZONARICH LLP Anna Marie Sossong, Esquire 17 South Second Street, 6`h Floor Harrisburg, Pennsylvania 17101 (717) 233 - 1000 Attorneys for Plaintiff DLB CONSTRUCTION, INC., d/b/a DEITZEL BROTHERS, Plaintiff, V. CHRISTOPHER J. BYERLY and GILLIAN P. BYERLY, Defendants. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 5625 of 2007 MLD CIVIL ACTION MECHANICS' LIEN PRAECIPE TO SETTLE SATISFY & DISCONTINUE TO THE PROTHONOTARY: Please mark the above referenced case settled, satisfied and discontinued, as to all defendants, pursuant to Pa.R.C.P. No. 229. Respectfully Submitted, & ZONQRICH LLP Dated: d By: Anna Marie Sosson?, Es re Identification No. 32808 17 South Second Street, 6U' Floor Harrisburg, Pennsylvania 17101 (717) 233-1000 Attorneys for Plaintiff CERTIFICATE OF SERVICE I, Debra L. Logan, an employee with the law firm of Skarlatos & Zonarich LLP, hereby certify that I this day served a copy of the foregoing PRAECIPE TO SETTLE, SATISFY & DISCONTINUE upon the person(s) indicated below by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, and addressed as follows: Michael L. Bangs, Esquire Bangs Law Office 429 South 18th Street Camp Hill, PA 17011 Date: September 2, 2008 L-L? L. Logan Paralegal V tT pp-- d rn C-77)