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HomeMy WebLinkAbout08-1152STONER CONTRACTING IN THE COURT OF COMMON PLEAS OF GROUP, LLC, CUMBERLAND COUNTY, PENNSYLVANIA Claimant V. NO. ©?7- //5?z I'2 /'6 BRIAN BARBER, STEPHEN BERG, BERG BARBER PROPERTY GROUP and BERG BARBER PROPERTY : MECHANICS' LIEN GROUP, LLC, : Owners MECHANICS' LIEN CLAIM Claimant Stoner Contracting Group, LLC, through its attorneys, Snelbaker & Brenneman, P. C., files this claim against the improvements and property at 15 North Hanover Street, Borough of Carlisle, for the payment of a debt due to Claimant as a contractor for labor and materials furnished by Claimant in the erection, construction, alteration and repair of improvements. In support of the claim, the Claimant makes the following statement: 1. Claimant Stoner Contracting Group, LLC, having an address of 706 Somerset Drive, Mechanicsburg, Pennsylvania files this claim as contractor. 2. The owner or reputed owner of the property that is subject to this claim are Brian Barber, Stephen Berg, Berg Barber Property Group and Berg Barber Property Group, LLC, each with an address at 15 North Hanover Street, Carlisle, Pennsylvania, 17013. 3. The improvement and the property which are subject to this claim are a three-story commercial/residential structure with appurtenant land at 15 North Hanover Street, Carlisle, Pennsylvania, known as Tax Parcel No. 02-21-0320-075A, more particularly bounded yew :A -':ES and described as follows: SNELKR a BRENNEMAN, P.C. On the North by property now or late of J. C. George and N. J. George, trading as N & J Company, on the East by Alexander or Stouffer Alley, on the South by other land of John T. Evans and Nancy H. Evans, his wife and Darryl Earnest Evans and Kathleen K. Evans, his wife, known and numbered as 13 North Hanover Street and on the West by North Hanover Street. 4. The material and labor supplied by Claimant for which a debt is due were provided to a written contact dated May 22, 2007 as amended, modified or supplemented by change orders dated July 10, 2007, November 18, 2007 and December 4, 2007. Copies of the aforementioned contract and change orders are attached hereto and incorporated by reference herein as Exhibit A, Exhibit B, Exhibit C and Exhibit D, respectively. 5. The material and labor supplied for which a debt is due consisted of complete demolition of all interior walls and ceilings on all levels of the structure, converting the first floor into a retail clothing store with a business/office area and shipping/receiving area, converting the second and third floor into a single two-story apartment and providing structural upgrades to the roof. 6. The last day of completion of the work for which claim is made is December 4, 2007. 7. The amount claimed to be due and payable to Claimant is $25,486.92. SNELBAKER & BRENNEMAN, P. C. BY: G Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Date: February 21, 2008 Attorneys for Claimant Stoner Contracting Group, LLC -2- LAW OMCES SNELBAKER & BRENNEMAN, P.C. VERIFICATION I verify that the statements made in the foregoing Mechanics' Lien Claim are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. I verify that I am authorized as an of Stoner Contracting Group, LLC to execute this Verification on its behalf. Fred Stoner Date: j;jZ LAW OFFICES SNELBAKER & BRENNEMAN, P.C. Construction Agreement Between Customer & Contractor This agreement, made this 22nd day of May, 2007, shall set forth the whole agreement, in its entirety, between Contractor and Customer. Contractor: Stoner Contracting Group LLC, 706 Somerset Drive, Mechanicsburg, PA 17055-6602, referred to herein as Contractor. Customer(s): Berg Barber Property QpM LLC, 15 North Hanover Street, Carlisle PA 17013 referred to herein as Customer. Project Name: Fan Zone Sports Tenant Fit-out, and Renovations to Townhouse Apartments Project Location: 15 North Hanover Street, Carlisle, PA 17013 The Customer and the Contractor agree to the following: SCOPE OF WORK This project shall be a joint effort between Contractor and Customers to complete the above mention project. Contractor shall perform all work as described below and provide all materials to complete the work described below. All materials under the Contractors obligation shall be supplied by Contractor in accordance with the Scope of Work. Revisions relating to changes in Contractors scope of work, materials, or structure design after this point shall be subject to a formal Change Order process detailed later in this document. Stoner Contracting Group LLC shall conclude activities upon the Customer receiving the Occupancy Certificate from Borough. A brief outline of the work is as follows. This document shall cover major task of both Parties that will be needed to complete the structure in a reasonable time frame. Where Contractor task are covered, all work referenced in the Scope of Work will be completed to the Customer's reasonable satisfaction. The following is only a basic outline of the overall work to be performed: This Scope of Work is contingent on the Carlisle Historical Society's review and approval of final plans and materials. The Scope includes plans for construction and renovations not yet approved by either the City or Historical Society, and is subject to changes they may require. Contractor reserves the right to adjust cost based on deviations imposed by said reviewing parties. Materials and construction methods include in this Scope are available from commercial suppliers. Should custom or hand-made items be required by City or Historical Society, the additional cost of these materials/methods will be communicated to customer prior to ordering for his review- These costs will be considered change order deviations from the original Construction Agreement, subject to payment by Customer. Customer shall be main communications contact between Contractor and Historical Society. EXHIBIT A Customer shall respond in a timely fashion to all issues related to the project to avoid construction delays. Delays in construction resulting from lengthy decision making on the Customers part shall result in an extension of the finish date(s), equal in length to the delay. Stoner Contracting Group LLC will respond in a timely manner to all issues relating to project to avoid any construction delays. Stoner Contracting agrees to an estimated start date of first week of June, 2007. This date is contingent of granting of all permits and applications required by City and governing agencies. All efforts will be made to have first floor showroom/office operational in accordance with the Contractor scope of work as defined in the Construction Agreement for business purposes by August 1, 2007. Estimated completion of 2nd and Yd floor townhouse apartment shall be September 28, 2007. Any delays in construction caused by contractor beyond October 1, 2007 shall incur liquidated damages of $100.00 per day payable by contractor to Berg Barber Group, LLC. Contractor and Customer agree to the following pre-construction conditions and terms: • Customer shall be responsible for all permits needed to perform this work. These documents shall be approved and presented to Contractor prior to work being scheduled. • Customer shall meet with Historical Society to discuss project design and details and secure approval of materials and designs prior to work being scheduled. • Customer shall have full responsibility for design and acceptance of "Store Front" at property. Contractor shall support in design process as needed and will execute approved design. The store front portion of work shall be treated as a separate project and is not included in the proposals reviewed to-date. • Customer shall provide electricity and water as required by contractor. • All windows to be purchased under proposed grant. Installation to be determined at future date but not part of this agreement. • Contractor shall provide six-panel Colonial hollow-core style, openings to be modified to fit standard manufacturer's sizes. Doors will be primed only. Includes all standard hardware. • Contractor shall be responsible for providing materials and labor covering the following activities: Site Prep ? Contractor will supply multiple 10 cubic yard dumpsters in the buildings rear parking lot for waste. Customer shall be allowed to utilize these dumpsters during construction for disposal of any waste materials as a result of customer's renovation of rear warehouse area- ? Contractor and Customer will review the site and agree on materials to be removed and demolition, prior to work beginning. ? The Edge of the Rear Porch Roof to be strengthened with a temporary support wall to facilitate removal of debris. ? Rear roof surface to be covered with a temporary walkway during construction. ? Contractor will keep power and water supplied to the first floor Bathroom during the duration of this work. ? Contractor shall be granted 24 hour access to property for legitimate work. ? Contractor shall be responsible for employee and equipment parking and staging for the duration of this project. This shall include parking permits, bagging of meters, and large equipment permits. ? Contractor will accept responsibility for securing building, construction materials and Customers inventory during tunes when Customer is not present. This responsibility is defined as: o Not allowing anyone not employed or subcontracted to Stoner Contracting to enter site without Customers consent. o Not allowing anyone not employed or subcontracted to Stoner Contracting to access or removes any of Customers inventory stored in the building during renovation. All of Customer's materials and inventory will be securely located in the rear warehouse area that is not being renovated as part of this contract. o Locking all doors and windows prior to leaving site for the day. ? Securing any materials on site but not yet installed as part of construction. ? Contractor agrees to maintain and keep in full force adequate insurance for the period of construction as well as appropriate riders to cover uninstalled building materials. Customer will not be responsible for loss or theft of uninstalled building materials or contractor's tools. Proof of insurance shall be provided prior to commencement of contract. All insurance must be maintained and held in effect for duration of the contract for the full amount agreed upon prior to commencement of contract. Demolition (1st Floor) ? Remove acoustical ceiling and all other material above acoustical ceiling to accept drywall. ? Remove existing wall materials to accept drywall. ?' Remove counter from store floor and hold. ? Remove carpet from store floor. ? Clean area as needed for fit out. ? Removal of any electrical or plumbing that does not meet code. Demolition (2nd floor) ? Remodel the existing -interior apartment doorway allowing the most access to the stairway. ? Remove carpet from staircase from first floor to the third floor and make ready to accept new carpet. ? Remove all carpet from second floor and any other floor materials to accept new carpet. ? Remove acoustical ceiling and any other materials above acoustical ceiling. ? Remove all wall materials to accept drywall. ? In the Kitchen remove and dispose of all wall and floor cabinetry along with Kitchen sink and stove hood fan. ? Remove wooden steps from wall egress window and hold. ? In the bath room remove toilet, bathtub, sink and all floor and wall file to accept carpet and drywall. ? Remodel the existing closet in the Kitchen and Hallway to allow for a Pantry in the Kitchen and a HVAC unit in the Hallway. ? Clean area as need for fit out. ? Remove wall between bath and stairs landing for refit of new support beam. ? Remove stairs inner wall material. ? Removal of any electrical or plumbing that does not meet code. Demolition Ord floor) ? Remove all carpet from floors. ? Remove all wall material from wall to accept drywall. ? Remove walls of short hallway between Bedrooms for new framed closets. ? Clean area as needed for fit out. ? Removal of any electrical or plumbing that does not meet code. Demolition (2nd and 3rd floor deck structure) ? Remove all white fascia from rear 2nd and 3rd Floor Porches to accept new Azeck composite board. ? Rework existing stairs from second to third floor and any and all other materials to accept new stairs. ? Remove existing hand rail from deck. ? Remove wood walkway from roof and dispose. ? Remove all deck planking and sub-structure that is damaged or rotted. ? Clean deck area for new materials. Contractor shall perform following construction activities as per previous discussions and correspondence: First Floor Show Room and Office ? Office shall be constructed within the area currently occupied by the existing showroom. ? Walls and ceilings to be 5/8" Fire Rated drywall installed and prepared ready for painting. All drywall surfaces will be installed such that fire code is met. If fire code rating is not met, contractor shall be responsible at their expense to bring areas required into fire code compliance. ? Floors covering to be Customer selected within agreed allowance. ? Lighting to be Customer select within agreed-allowance. ? Electrical package per code and previous proposals. This includes separation of first floor from apartment electrical. Separate breaker boxes for commercial and residential areas shall be supplied under this contract. All commercial areas will be outfitted with MC type electrical cable and will meet electrical code. All electrical outlets will be installed per and will meet ADA height requirements, to be determined by Third Party Electrical Inspection Review. ? Cabinets and showroom fit-out by others. ? Construct separate office area behind showroom consisting of a framed partition wall across width of structure at location selected by Customer. Interior finish of office shall be 5/8" Fire Rated drywall installed and prepared for painting. ? Security door will be installed between office and showroom. ? Two-way mirror assembly shall be provided between office and showroom ? Rear door of the office shall be a framed opening. ? New ductwork for existing air conditioning system shall be supplied as part of this contract. Exposed ductwork shall be selected by customer within agreed allowance. ShiDUinidReceiyill$ ? Only work performed in this area will involve upgrading electrical distribution boxes and wiring situated or running through shippingireceiving. ? Bathroom currently located in this area will be isolated and made serviceable. This restroom will be in active use during the project. Second Floor Renovations ? Reconstructing stairway to widen. Install handrail in stairwell. ? R-13 insulated stud wall at front. ? All walls to be 'f2" drywall, finished and ready for paint. ? Ceilings throughout second floor to be acoustical ceiling style. ? Second floor shall be carpet throughout, vinyl floor in Bathroom. ? Electrical work to meet code. All cabling shall be Romex type residential electrical cabling. ? Electrical breaker box will be installed in apartment area that is easily accessible to tenants of apartment and shall be isolated such that all apartment electrical service is completely separate from first floor commercial space. ? All plumbing for apartment shall be isolated from commercial space. This shall be accomplished as follows: o Customer will provide a Customer maintained water meter which shall be installed behind Customer's water main meter as part of this contract. o A single cold water feed shall be installed and run to third floor of building in apartment utility room. Water will then be connected to hot and cold water feeds going to Laundry rooms hookups, Bathroom feeds and Kitchen feeds. All plumbing shall be new and meet current codes. Flexible "Maniblock" type plumbing is acceptable for use in apartment area. Any plumbing installed in commercial area shall meet commercial code requirements. ? HVAC unit for second and third floor to be installed in second floor hall closet. ? Second floor to include Kitchen, with appliances, cabinets and countertops installed. Installed appliances shall include: ? Standard over/under refrigerator/freezer ? One microwave/internal ventilation hood ? One four-burner electric range with oven. ? Second floor shall have a Bathroom including the following ? Bathroom walls and ceiling to be moisture resistant 1/2" drywall. ? Pedestal type sink ? Standard residential toilet ? Shower stall with Shower Door ? Current window leading to back porch from the Kitchen to be modified based on City and HARB requirements. An allowance for this custom security door unit to be installed in the Kitchen to facilitate access to new rear roof deck area and fire egress from second floor. Appropriate stair access will be constructed to access door. ? Repair leak at rear of existing deck and install new wooden decking as per Customer provided specifications discussed during site walk through. Third Floor Renovations > Widen stairway and install structural supports per discussions with City. ? R-13 insulated stud wall at front. ? All walls to be %" drywall, finished and ready for paint. ? Ceilings throughout third floor to be acoustical ceiling style. ? Third floor shall be carpet throughout, vinyl floor in Laundry. ? Electrical work to meet code. ? Third floor to include Laundry. Appliances not included. ? Laundry hookups including hot and cold water and waste water drain for washing machine shall be installed as part of this contract. ? Contractor shall purchase and install a 30 gallon electric hot water heater in Laundry area. Attic Renovations ? Bottom doorway to attic to be lockable and secured. ? Reinforce and support existing rafters and columns. ? Construct new wall across attic area to support ridge. ? Extend rafters to exterior wall plates. ? Electrical power and lighting supplied to support construction activities. Roof Repairs ? Repair/replace flashing around parapet walls ? Extend existing waste vent stacks through roof and flash. Close chimney opening after brick is removed to a level below the existing roof deck by Customer. Patch and flash as necessary. ? Rework gutter system, upgrade to commercial quality. ? Remove exhaust fan hood from lower roof. Patch and flash opening as necessary ? Re-flash and install rubber roofing on lower roof in preparation for deck. Porches and Decks ? Replace rotted trim and fascia boards. ? Replace railing with material and methods approved by Historical Society ? Construct pressure treated deck over rubber roof portion on lower roof structure. Exact size to be determined. Railing across front of deck to restrict access to roof structure. ? Install rubberized slip resistant walking pads on third floor access steps as well as along roof to rear roof exit door area. Telephone and Data Cabling ? All telephone and data cabling in commercial area shall be Customer provided. Installation shall be coordinated with contractor such that installation can be appropriately phased during construction. ? All telephone and cable television cabling in apartment area shall be provided as part of this contract. One telephone/cable outlet shall be installed in living room and Bedrooms. One single telephone cable outlet shall be provided in Kitchen area for a hanging wall phone. All cabling will be isolated to apartment only and shall be terminated on rear of building for connection to utility company supplied network interface device (NID). Customer will coordinate service NID installation with utility companies. CHANGES AND DEVIATIONS TO THE AGREEMENT All changes and deviations in the work ordered by the Customer from the Construction Agreement Between Customer & Contractor dated May 16, 2007 must be in writing, the contract sum being increased or decreased accordingly by the Contractor. Any projected or definite increases to the cost of the work must be presented by the Contractor to the Customer in writing, and written approval of the Customer shall be obtained by the Contractor before proceeding with the ordered change or revision. This shall be done through a formal written document (Change Order), numbered in sequence, and shall include the nature of the change, proposed cost adjustment, any anticipated effect of construction timing, and signature blocks for all parties involved. PROJECT COORDINATION All efforts shall be made by Contractor to coordinate project activities with Customer and Customers crews. Contractor will allow Customer reasonable time to complete task that Customer is responsible for, prior to continuing work on Contractor related task. In the event of a timing conflict, where Contractor is prevented from continuing work due to a delay in Customer related task, Contractor may request an accelerated payment to compensate for work which could have been done during the delay. If delays result in additional shipping, restocking, or delivery charges, Contractor shall bill Customer for these at cost. ALLOWANCES Allowances have been included in the price of this structure for specific items. Should the Customer exceed the amount of the allowance, the difference shall be due and payable to Contractor at the conclusion of the project. Should the Customer not meet or exceed the allowance, a credit shall be due Customer upon the conclusion of this project. COMMENCEMENT AND COMPLETION SCHEDULE The work described above shall be started within a reasonable period of time of verbal notice from Customer; the projected start date is within a reasonable time for mobilization once the building permit have been received. In the event the Contractor is delayed in the prosecution of the work by acts of God, Fire, Flood, Act of Terror or War and or any other unavoidable casualties; or by labor strikes, late delivery or shortages of materials; or by neglect of the Customer; the time completion of the work shall be extended for the same period as the delay occasioned by any aforementioned causes. No extension of time will be valid, without the Customer's written consent. CONTRACT SUM The Customer shall pay the Contractor for the performance of the completed work, subject to additions and deductions, as authorized by this agreement or attached addendum. The contract sum is One Hundred Thirteen Thousand Thirty-five Dollars and Eight Cents, ($113,035.08) ? Allowance of $1,250.00 for the 2nd Floor Kitchen Window/Egress Door (included in the Total Contract Sum) ? Allowance of $400.00 for the Shower Door to be installed on the Shower Stall in the 2nd Bathroom (included in the Total Contract Sum) PROGRESS PAYMENTS The Customer shall pay installments as detailed below to the Contractor: Customer will pay Eighteen Thousand Dollars, ($1&990.00), Deposit. Customer will pay Twenty-nine Thousand Five Hundred Dollars, ($29.500.00), when the Retail and Office areas have meet the requirements as defined in the Scope of Work in the Construction Agreement. Customer will pay Thirty-one Thousand Three Hundred Fifty Dollars, ($31 3, 50.00), when Mechanical, Electrical, and Plumbing is Roughed-in, the drywall is taped and sanded, and interior door are installed. Customer will pay Twenty-nine Thousand Two Hundred Sixty-two Dollars, ($29,262.00), when the Mechanical, Electrical, and Plumbing, Trim and Interior Doors, The Kitchen and Bathroom Cabinets, Appliances, and Bathrooms are complete. l Customer will pay iuidwd when all work is complete and the Customer receives the Certificate of Occupancy from Borough. = r,; All payments are subject to a site inspection and approval of work by the Customer. CONTRACT ASSIGMENT Contractor shall not assign this contract or further subcontract the whole of this subcontract without the written consent of the Customer. LAWS, PERMITS, FEES, AND NOTICES Customer is responsible for all required laws, permits, fees, or notices required to perform the work stated herein. Attorneys fees and court cost shall be paid by the defendant in the event that judgment must be, and is enforced under this agreement or any breach thereof. This agreement shall be interpreted under the laws of the State of Pennsylvania. INSURANCE The Contractor agrees to protect him self against claims for property damage, bodily injury or death due to his performance of this agreement and shall furnish proof of insurance coverage upon request. WARRANTY Contractor warrants to the Customer all work and materials provided by it or those under its supervision and control, for one year from the final day of work performed and not beyond. This Agreement entered into on May 22, 2007, shall constitute the whole agreement between Customer and Contractor. Contractor By: Title: Date: A Custometl4,11 , "CL Date: f , Date: Contracting Group, LLC July 10, 2007 Fan Zone Sports Attn: Steve Berg and Brian Barber 15 North Hanover Street Carlisle, PA 17013 Project OLC02-121 RE: Central Air Retail, 3rd Floor Bathroom, Water Line Repairs, and Sink in Basement Dear Mr. Berg and Mr. Barber: As per our conversations please find the Proposals for the above listed project at the above mentioned location. Central Air System -1" Floor • Supply and Install 1 Heat Pump System. ¦ Install 1- 2.5 Ton outdoor Unit. ¦ Install Pad, High and Low Voltage wiring necessary for unit hookup. ¦ Install 1 - 2.5 Ton Indoor Air Handler in the Retail Office Area • Set unit in Drain Pan for emergency Drain. ¦ All High and Low Voltage wiring necessary for unit hookup. ¦ All drainage hookups for Indoor Unit. ¦ Run all ductwork for system. ¦ Install Supply into Retail Office, and install Return Air Grille in Retail Area. ¦ Supply and install 1 digital heat pump thermostat for system. ¦ Pump down and charge system. ¦ Fire off and set up system. We would like to encourage you to have this work done prior to our completing ceiling work in the retail area so we do not have to remove materials already installed. To that end, we are offering this unit at an installed cost. Cost this Proposal - $2,985.00 Third Floor Bathroom - ¦ Install new framing and doors to allow for a closet and private entrance into the 3`d Floor Bathroom. ¦ Supply and install 1- Sterling 30" by 48" Shower unit with seat. ¦ Supply and install Moen tub and shower faucet. ¦ Supply and install Moen Lavatory faucet and pedestal sink. EXHIBIT B 706 Somerset Drive, Mechanicsburg, PA 17055 - Phone: 717-756-7824 0 Fax: 717-766-7825 - Email: stonercontractgrp@comcast.net ¦ Supply and install 1 12" RI White Toilet ¦ Supply and install new Bathroom Exhaust Fan. ¦ Provide new shutoff valves for items. ¦ Turn on water to items and check operation. ¦ All material, labor, and aspects necessary for the completion of the job. Cost this Proposal - $4,869.71 Repair Waste Line in Basement ¦ Remove cast iron and replace with PVC in approx. area in center of rear basement to street. Work and materials to code specifications. Cost this Proposal - $482.50 Basement Sink with Up-Pump system. ¦ This proposal covers purchase and installation of a ommetii sink with associated pumping unit to force waste water into the main bug?waste line. Sink will have Moen fixtures, fully installed and plumb Cost this Proposal - $812.50 P4???p If you find the Change Order is satisfactory, please sign, date, and return one copy (two pages) in the enclosed envelope. Upon receipt of the accepted proposal, Stoner Contracting Group, LLC will issue a formal Change Order for your signatures. If you should have further questions and/or require additional information, please feel free to contact me. Sincerely, AnA Michael A. Stoner - Owner Stoner Contracting Group LLC Contractor By: ---- Title: 4f)?, Cust er - r_ Date: 7 Date: ??u?v /d 21.E Date: Contracting Group, LLC November 18, 2007 Fan Zone Sports Attn: Steve Berg and Brian Barber 15 North Hanover Street Carlisle, PA 17013 RE: Change Order #2 Proposals Dear Mr. Berg and Mr. Barber: Project #LC02-121 As per our conversations please find the Change Order Cost for the items that follow. ¦ Reinforce the Retail Area Ceiling to support the new 2`1 Floor Deck. This was an unforeseen condition that resulting in the installation of 3 2"xl2" support beams and modification to the new wall framing. Cost this Proposal - $998,99 ¦ Install a new Pressure Treated Meter Support base as per the direction from PPL. Cost this Proposal - $418.81 ¦ Install '/z" BC Grade Plvwood on the exterior 2"d Floor Kitchen and Bathroom Wall. As per the direction of the Customer. Cost this Proposal - $401.72 ¦ Purchase of Refrigerator, Smooth Top Stove and Microwave Hood vent, cost above Kitchen budget Cost this Proposal - $1,384.66 If you find the Change Order is satisfactory, please include payment with the 11/18/2007 Invoice. If you should have further questions and/or require additional information, please feel free to contact me. EXHIBIT C 706 Somerset {give, Mechanicsburg, PA 17055 • Phone: 717-766-7824 e Fax: 717-766-7825 0 Email: stonercontractgrp@comcost.net Sincerely; Michael A. Stoner - Owner Stoner Contracting Group LLC Contracting Group, LLC December 4. 2007 Fan Zone Sports Attn: Steve Berg and Brian Barber 1 North Hanover Street Carlisle. PA 17013 RE: Soffit on rear deck roof. Dear Mr. Berg and Mr. Barber: Project ##LC02-104 As per our conversations, please review the proposal listed below for the above listed project at the above mentioned location. The scope of the work for the project will include the following: ¦ Remove old white aluminum soffit and accessories on rear deck roof. Install new white vinyl soffit and accessories on rear deck roof. ¦ Remove all construction waste related to the project and leave the site clean. $273.95 Note: Pricing may change due to unforeseen conditions during the project. If you find this proposal satisfactory, please circle the option desired date, sign, and return one copy of the proposal in the enclosed envelope. Upon receipt of the accepted proposal, Stoner Contracting Group, LLC will issue a formal Construction Agreement for your signature and the project will be scheduled. Again, thank you for selecting Stoner Contracting Group, LLC for this proposal. If you should have further questions and/or require additional information, please feel free to contact me. Sincerely, F c C ?z ;. Y, a/ 3 1 ble A f Darwin Waybright - Estimator/Purchaser Stoner Contracting Group, LLC Contractor Custondor By: Title: ??- i-159,i- Date: 1Y?c ??4 Y. Date: I I,P c?.2 2,nI_ llate: EXHIBIT D 706 Somerset Drive, Mechanicsburg, PA 17055 0 Phone: 717-766-7824' Fax: 717-766-7825 • Email: stonercontractgrp@comcast.net C-1 N c' r,? 77 STONER CONTRACTING IN THE COURT OF COMMON PLEAS OF JROUP, LLC, CUMBERLAND COUNTY, PENNSYLVANIA Claimant V. NO. ?ou8 - //S2 IwLI? BRIAN BARBER, STEPHEN BERG, BERG BARBER PROPERTY GROUP and BERG BARBER PROPERTY : MECHANICS' LIEN GROUP, LLC, Owners NOTICE OF FILING OF MECHANICS' LIEN CLAIM Brian Barber, Stephen Berg, Berg Barber Property Group and Berg Barber Property Group, LLC 15 North Hanover Street, Carlisle, Pennsylvania NOTICE IS HEREBY GIVEN that Stoner Contracting Group, LLC has filed a (Mechanics' Lien Claim on February 22, 2008 docketed to No. 2008- // 62 in the ourt of Common Pleas of Cumberland County, Pennsylvania, a true and correct copy of (which Mechanics' Lien Claim is attached hereto and incorporated by reference herein. SNELBAKER & BRENNEMAN, P. C. BY: Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 February 22, 2008 Attorneys for Claimant Stoner Contracting Group, LLC LAW OFFICES SNELBAKER & BRENNEMAN, P.C. STONER CONTRACTING GROUP, LLC, Claimant V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. , OV V i?? 2 fN?n BRIAN BARBER, STEPHEN BERG, BERG BARBER PROPERTY GROUP and BERG BARBER PROPERTY : MECHANICS' LIEN GROUP, LLC, Owners MECHANICS' LIEN CLAIM Claimant Stoner Contracting Group, LLC, through its attorneys, Snelbaker & Brenneman, P. C., files this claim against the improvements and property at 15 North Hanover Street, Borough of Carlisle, for the payment of a debt due to Claimant as a contractor for labor and materials furnished by Claimant in the erection, construction, alteration and repair of improvements. In support of the claim, the Claimant makes the following statement: 1. Claimant Stoner Contracting Group, LLC, having an address of 706 Somerset Drive, Mechanicsburg, Pennsylvania files this claim as contractor. 2. The owner or reputed owner of the property that is subject to this claim are Brian Barber, Stephen Berg, Berg Barber Property Group and Berg Barber Property Group, LLC, each th an address at 15 North Hanover Street, Carlisle, Pennsylvania, 17013. 3. The improvement and the property which are subject to this claim are a three-story Imixed commercial/residential structure with appurtenant land at 15 North Hanover Street, Carlisle, Pennsylvania, known as Tax Parcel No. 02-21-0320-075A, more particularly bounded LAW OFFICES land described as follows: SNELBAKER 8, BRENNEMAN, P.C. On the North by property now or late of J. C. George and N. J. George, trading as N & J Company, on the East by Alexander or Stouffer Alley, on the South by other land of John T. Evans and Nancy H. Evans, his wife and Darryl Earnest Evans and Kathleen K. Evans, his wife. known and numbered as 13 North Hanover Street and on the West by North Hanover Street. 4. The material and labor supplied by Claimant for which a debt is due were provided pursuant to a written contact dated May 22, 2007 as amended, modified or supplemented by change orders dated July 10, 2007, November 18; 2007 and December 4, 2007. Copies of the aforementioned contract and change orders are attached hereto and incorporated by reference herein as Exhibit A, Exhibit B, Exhibit C and Exhibit D, respectively. 5. The material and labor supplied for which a debt is due consisted of complete demolition of all interior walls and ceilings on all levels of the structure, converting the first floor into a retail clothing store with a business/office area and shipping/receiving area, converting the second and third floor into a single two-story apartment and providing structural upgrades to the Iroof. 6. The last day of completion of the work for which claim is made is December 4, 2007. 7. The amount claimed to be due and payable to Claimant is $25,486.92. SNELBAKER & BRENNEMAN, P. C. Keith 0. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Date: February 21, 2008 Attorneys for Claimant Stoner Contracting Group, LLC -2- LAW OFFICES SNELBAKER & BRENNEMAN, P.C. VERIFICATION I verify that the statements made in the foregoing Mechanics' Lien Claim are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. I verify that I am authorized as an of Stoner Contracting Group, LLC to execute this Verification on its behalf. Fred Stoner ??3 c9/., ,?2CcIF LAW OFFICES SNELBAKER & BRENNEMAN, P.C. Construction Agreement Between Customer & Contractor This agreement, made this 22nd day of MU, 2007, shall set forth the whole agreement, in its entirety, between Contractor and Customer. Contractor: Stoner Contracting Group LLC 706 Somerset Drive Mechanicsburg PA 17055-6602, referred to herein as Contractor. Customer(s): Berg Barber Property Groun LLC 15 North Hanover. Street Carlisle PA 17013 referred to herein as Customer. Project Name: Fan Zone Snorts Tenant Fit-out and Renovations to Townhouse Apartments Project Location: 15 North Hanover Street, Carlisle PA 17013 The Customer and the Contractor agree to the following: SCOPE OF WORK This project shall be a joint effort between Contractor and Customers to complete the above mention project. Contractor shall perform all work as described below and provide all materials to complete the work described below. All materials under the Contractors obligation shall be supplied by Contractor in accordance with the Scope of Work. Revisions relating to changes in Contractors scope of work, materials, or structure design after this point shall be subject to a formal Change Order process detailed later in this document. Stoner Contracting Group LLC shall conclude activities upon the Customer receiving the Occupancy Certificate from Borough. A brief outline of the work is as follows. This document shall cover major task of both Parties that will be needed to complete the structure in a reasonable time frame. Where Contractor task are covered, all work referenced in the Scope of Work will be completed to the Customer's reasonable satisfaction. The following is only a basic outline of the overall work to be performed: This Scope of Work is contingent on the Carlisle Historical Society's review and approval of final plans and materials. The Scope includes plans for construction and renovations not yet approved by either the City or Historical Society, and is subject to changes they may require. Contractor reserves the right to adjust cost based on deviations imposed by said reviewing parties. Materials and construction methods include in this Scope are available from commercial suppliers. Should custom or hand-made items be required by City or Historical Society, the additional cost of these materials/methods will be communicated to customer prior to ordering for his review- These costs will be considered change order deviations from the original Construction Agreement, subject to payment by Customer. Customer shall be main communications contact between Contractor and Historical Society. EXHIBIT A Customer shall respond in a timely fashion to all issues related to the project to avoid construction delays. Delays in constriction resulting from lengthy decision making on the Customers part shall result in an extension of the finish date(s), equal in length to the delay. Stoner Contracting Group LLC will respond in a timely manner to all issues relating to project to avoid any construction delays. Stoner Contracting agrees to an estimated start date of first week of June, 2007. This date is contingent of granting of all permits and applications required by City and governing agencies. All efforts will be made to have first floor showroom/office operational in accordance with the Contractor scope of work as defined in the Construction Agreement for business purposes by August 1, 2007. Estimated completion of 2"d and 3rd floor townhouse apartment shall be September 28, 2007. Any delays in construction caused by contractor beyond October 1, 2007 shall incur liquidated damages of $100.00 per day payable by contractor to Berg Barber Group, LLC. Contractor and Customer agree to the following pre-construction conditions and terms: • Customer shall be responsible for all permits needed to perform this work. These documents shall be approved and presented to Contractor prior to work being scheduled. • Customer shall meet with Historical Society to discuss project design and details and secure approval of materials and designs prior to work being scheduled. • Customer shall have full responsibility for design and acceptance of "Store Front" at property. Contractor shall support in design process as needed and will execute approved design. The store front portion of work shall be treated as a separate project and is not included in the proposals reviewed to-date. • Customer shall provide electricity and water as required by contractor. • All windows to be purchased under proposed grant. Installation to be determined at future date but not part of this agreement. • Contractor shall provide six-panel Colonial hollow-core style, openings to be modified to fit standard manufacturer's sizes. Doors will be primed only. Includes all standard hardware. • Contractor shall be responsible for providing materials and labor covering the following activities: Site Prep ? Contractor will supply multiple 10 cubic yard dumpsters in the buildings rear parking lot for waste. Customer shall be allowed to utilize these dumpsters during construction for disposal of any waste materials as a result of customer's renovation of rear warehouse area. ? Contractor and Customer will review the site and agree on materials to be removed and demolition, prior to work beginning. ? The Edge of the Rear Porch Roof to be strengthened with a temporary support wall to facilitate removal of debris. ? Rear roof surface to be covered with a temporary walkway during construction. ? Contractor will keep power and water supplied to the first floor Bathroom during the duration of this work. ? Contractor shall be granted 24 hour access to property for legitimate work. ? Contractor shall be responsible for employee and equipment parking and staging for the duration of this project. This shall include parking permits, bagging of meters, and large equipment permits. ? Contractor will accept responsibility for securing building. construction materials and Customers inventory during times when Customer is not present. This responsibility is defined as: o Not allowing anyone not employed or subcontracted to Stoner Contracting to enter site without Customers consent. o Not allowing anyone not employed or subcontracted to Stoner Contracting to access or removes any of Customers inventory stored in the building during renovation. All of Customer's materials and inventory will be securely located in the rear warehouse area that is not being renovated as part of this contract. o Locking all doors and windows prior to leaving site for the day. ? Securing any materials on site but not yet installed as part of construction. ? Contractor agrees to maintain and keep in full force adequate insurance for the period of construction as well as appropriate riders to cover uninstalled building materials. Customer will not be responsible for loss or theft of uninstalled building materials or contractor's tools. Proof of insurance shall be provided prior to commencement of contract. All insurance must be maintained and held in effect for duration of the contract for the full amount agreed upon prior to commencement of contract. Demolition f Est Floor) ? Remove acoustical ceiling and all other material above acoustical ceiling to accept drywall. ? Remove existing wall materials to accept drywall. ? Remove counter from store floor and hold. ? Remove carpet from store floor. ? Clean area as needed for fit out. ? Removal of any electrical or plumbing that does not meet code. Demolition (2nd floor) ? Remodel the existing interior apartment doorway allowing the most access to the stairway. ? Remove carpet from staircase from first floor to the third floor and make ready to accept new carpet. ? Remove all carpet from second floor and any other floor materials to accept new carpet. ? Remove acoustical ceiling and any other materials above acoustical ceiling. ? Remove all wall materials to accept drywall. ? In the Kitchen remove and dispose of all wall and floor cabinetry along with Kitchen sink and stove hood fan. ? Remove wooden steps from wall egress window and hold. ? In the bath room remove toilet, bathtub, sink and all floor and wall tile to accept carpet and drywall. ? Remodel the existing closet in the Kitchen and Hallway to allow for a Pantry in the Kitchen and a HVAC unit in the Hallway. ? Clean area as need for fit out. ? Remove wall between bath and stairs landing for refit of new support beam. ? Remove stairs inner wall material. Removal of any electrical or plumbing that does not meet code. Demolition (3rd floor) ? Remove all carpet from floors. ? Remove all wall material from wall to accept drywall. ? Remove walls of short hallway between Bedrooms for new framed closets. ? Clean area as needed for fit out. ? Removal of any electrical or plumbing that does not meet code. Demolition (2nd and 3rd floor deck structure) ? Remove all white fascia from rear 2nd and 3rd Floor Porches to accept new Azeck composite board. ? Rework existing stairs from second to third floor and any and all other materials to accept new stairs. ? Remove existing hand rail from deck. ? Remove wood walkway from roof and dispose. ? Remove all deck planking and sub-structure that is damaged or rotted. ? Clean deck area for new materials. Contractor shall perform following construction activities as per previous discussions and correspondence: First Floor Show Room and € ffice ? Office shall be constructed within the area currently occupied by the existing showroom. ? Walls and ceilings to be 5/8" Fire Rated drywall installed and prepared ready for painting. All drywall surfaces will be installed such that fire code is met. If fire code rating is not met, contractor shall be responsible at their expense to bring areas required into fire code compliance. A Floors covering to be Customer selected within agreed allowance. ? Fighting to be Customer select within agreed-allowance. ? Electrical package per code and previous proposals. This includes separation of first floor from apartment electrical. Separate breaker boxes for commercial and residential areas shall be supplied under this contract. All commercial areas will be outfitted with MC type electrical cable and will meet electrical code. All electrical outlets will be installed per and will meet ADA height requirements, to be determined by Third Party Electrical Inspection Review. ? Cabinets and showroom fit-out by others. ? Construct separate office area behind showroom consisting of a framed partition wall across width of structure at location selected by Customer. Interior finish of office shall be 5/8" Fire Rated drywall installed and prepared for painting. ? Security door will be installed between office and showroom. ? Two-way mirror assembly shall be provided between office and showroom ? Rear door of the office shall be a framed opening. ? New ductwork for existing air conditioning system shall be supplied as part of this contract. Exposed ductwork shall be selected by customer within agreed allowance. Shipping/Receiving ? Only work performed in this area will involve upgrading electrical distribution boxes and wiring situated or running through shipping/receiving. Bathroom currently located in this area will be isolated and made serviceable. This restroom will be in active use during the project. Second Floor Renovations ? Reconstructing stairway to widen. Install handrail in stairwell. Y R-13 insulated stud wall at front. ? All walls to be '/2" drywall, finished and ready for paint. ? Ceilings throughout second floor to be acoustical ceiling style. ? Second floor shall be carpet throughout, vinyl floor in Bathroom. ? Electrical work to meet code. All cabling shall be Romex type residential electrical cabling. ? Electrical breaker box will be installed in apartment area that is easily accessible to tenants of apartment and shall be isolated such that all apartment electrical service is completely separate from first floor commercial space. A All plumbing for apartment shall be isolated from commercial space. This shall be accomplished as follows: o Customer will provide a Customer maintained water meter which shall be installed behind Customer's water main meter as part of this contract. o A single cold water feed shall be installed and run to third floor of building in apartment utility room. Water will then be connected to hot and cold water feeds going to Laundry rooms hookups, Bathroom feeds and Kitchen feeds. All plumbing shall be new and meet current codes. Flexible "Maniblock" type plumbing is acceptable for use in apartment area. Any plumbing installed in commercial area shall meet commercial code requirements. 9 HVAC unit for second and third floor to be installed in second floor hall closet. ? Second floor to include Kitchen, with appliances, cabinets and countertops installed. Installed appliances shall include: ? Standard over/under refrigerator/freezer A One microwave/internal ventilation hood ? One four-burner electric range with oven. ? Second floor shall have a Bathroom including the following ? Bathroom walls and ceiling to be moisture resistant 1/z" drywall. ? Pedestal type sink ? Standard residential toilet A Shower stall with Shower Door > Current window leading to back porch from the Kitchen to be modified based on City and HARB requirements. An allowance for this custom security door unit to be installed in the Kitchen to facilitate access to new rear roof deck area and fire egress from second floor. Appropriate stair access will be constructed to access door. ? Repair leak at rear of existing deck and install new wooden decking as per Customer provided specifications discussed during site walk through. Third Floor Renovations ? Widen stairway and install structural supports per discussions with City. ? R-13 insulated stud wall at front. ? All walls to be %2" drywall, finished and ready for paint. ? Ceilings throughout third floor to be acoustical ceiling style. ? Third floor shall be carpet throughout, vinyl floor in Laundry. ? Electrical work to meet code. ? Third floor to include Laundry. Appliances not included. ? Laundry hookups including hot and cold water and waste water drain for washing machine shall be installed as part of this contract. ? Contractor shall purchase and install a 30 gallon electric hot water heater in Laundry area. Attic Renovations Bottom doorway to attic to be lockable and secured. ? Reinforce and support existing rafters and columns. ? Construct new wall across attic area to support ridge. ? Extend rafters to exterior wall plates. ? Electrical power and lighting supplied to support construction activities. Roof Repairs ? Repair/replace flashing around parapet walls ? Extend existing waste vent stacks through roof and flash. Close chimney opening after brick is removed to a level below the existing roof deck by Customer. Patch and flash as necessary. ? Rework gutter system, upgrade to commercial quality. ? Remove exhaust fan hood from lower roof. Patch and flash opening as necessary ? Re-flash and install rubber roofing on lower roof in preparation for deck. Porches and Decks ? Replace rotted trim and fascia boards. ? Replace railing with material and methods approved by Historical Society ? Construct pressure treated deck over rubber roof portion on lower roof structure. Exact size to be determined. Railing across front of deck to restrict access to roof structure. ? Install rubberized slip resistant walking pads on third floor access steps as well as along roof to rear roof exit door area. Telephone and Data Cabling ? All telephone and data cabling in commercial area shall be Customer provided. Installation shall be coordinated with contractor such that installation can be appropriately phased during construction. ? All telephone and cable television cabling in apartment area shall be provided as part of this contract. One telephone/cable outlet shall be installed in living room and Bedrooms. One single telephone cable outlet shall be provided in Kitchen area for a hanging wall phone. All cabling will be isolated to apartment only and shall be terminated on rear of building for connection to utility company supplied network interface device (NID). Customer will coordinate service NID installation with utility companies. CHANGES AND DEVLATIONS TO THE AGREEMENT All changes and deviations in the work ordered by the Customer from the Construction Agreement Between Customer & Contractor dated May 16, 2007 must be in writing, the contract sum being increased or decreased accordingly by the Contractor. Any projected or definite increases to the cost of the work must be presented by the Contractor to the Customer in writing, and written approval of the Customer shall be obtained by the Contractor before proceeding with the ordered change or revision. This shall be done through a formal written document (Change Order), numbered in sequence, and shall include the nature of the change, proposed cost adjustment, any anticipated effect of construction timing, and signature blocks for all parties involved. PROJECT COORDINATION All efforts shall be made by Contractor to coordinate project activities with Customer and Customers crews. Contractor will allow Customer reasonable time to complete task that Customer is responsible for, prior to continuing work on Contractor related task. In the event of a timing conflict, where Contractor is prevented from continuing work due to a delay in Customer related task, Contractor may request an accelerated payment to compensate for work which could have been done during the delay. If delays result in additional shipping, restocking, or delivery charges, Contractor shall bill Customer for these at cost. ALLOWANCES Allowances have been included in the price of this structure for specific items. Should the Customer exceed the amount of the allowance, the difference shall be due and payable to Contractor at the conclusion of the project. Should the Customer not meet or exceed the allowance, a credit shall be due Customer upon the conclusion of this project. COMMENCEMENT AND COMPLETION SCHEDULE The work described above shall be started within a reasonable period of time of verbal notice from Customer; the projected start date is within a reasonable time for mobilization once the building permit have been received In the event the Contractor is delayed in the prosecution of the work by acts of God, Fire, Flood, Act of Terror or War and or any other unavoidable casualties; or by labor strikes, late delivery or shortages of materials; or by neglect of the Customer; the time completion of the work shall be extended for the same period as the delay occasioned by any aforementioned causes. No extension of time will be valid, without the Customer's written consent. CONTRACT SUM The Customer shall pay the Contractor for the performance of the completed work, subject to additions and deductions, as authorized by this agreement or attached addendum. The contract sum is One Hundred Thirteen Thousand Thirty-five Dollars and Ei t Cents, ($113,+35.08) A Allowance of $1,250.00 for the 2nd Floor Kitchen Window/Egress Door (included in the Total Contract Sum) ? Allowance of $400.00 for the Shower Door to be installed on the Shower Stall in the 2nd Bathroom (included in the Total Contract Sum) PROGRESS PAYMENTS The Customer shall pay installments as detailed below to the Contractor: Customer will pay Eighteen Thousand Dollars, ($11.,.Q 00.00, Deposit. Customer will pay Twenty-nine Thousand Five Hundred Dollars, ($29,500.00), when the Retail and Office areas have meet the requirements as defined in the Scope of Work in the Construction Agreement. Customer will pay Thirty-one Thousand Three Hundred Fifty Dollars, ($31 3, 50.00), when Mechanical, Electrical, and Plumbing is Roughed-in, the drywall is taped and sanded, and interior door are installed. Customer will pay Twenty-nine Thousand Two Hundred Sixty-two Dollars, ($29,262.00), when the Mechanical, Electrical, and Plumbing, Trim and Interior Doors, The Kitchen and Bathroom Cabinets, Appliances, and Bathrooms are complete. y°r a-y ?:i i:lr°r1t1 Customer will pay Eoa?r Tt? y ?° , } when all work is complete and the Customer receives the Certificate of Occupancy from Borough. Pf r . , I "1` . i rr f,53 13 All payments are subject to a site inspection and approval of work by the Customer. CONTRACT ASSIGMENT Contractor shall not assign this contract or further subcontract the whole of this subcontract without the written consent of the Customer. LAWS, PERMITS, FEES, AND NOTICES Customer is responsible for all required laws, permits, fees, or notices required to perform the work stated herein. Attorneys fees and court cost shall be paid by the defendant in the event that judgment must be, and is enforced under this agreement or any breach thereof.. This agreement shall be interpreted under the laws of the State of Pennsylvania. INSURANCE The Contractor agrees to protect him self against claims for )roperty damage, bodily inj ury or death due to his performance of this agreement and shall furnish proof of insurance coverage upon request. WARRANTY Contractor warrants to the Customer all work and materials provided by it or those under its supervision and control, for one year from the final day of work performed and not beyond. This Agreement entered into on May 22, 2007, shall constitute the whole agreement between Customer and Contractor. Contractor By Title: fem., Date. s' Customer = - Date: ?,. " I Date: FIN Contracting Group, L July 10, 2007 Fan Zone Sports Attn: Steve Berg and Brian Barber 15 North Hanover Street Carlisle, PA 17013 Project 4LC02-121 RE: Central Air Retail, 3`d Floor Bathroom, Water Line Repairs, and Sink in Basement Dear Mr. Berg and Mr. Barber: As per our conversations please find the Proposals for the above listed project at the above mentioned location. Central Air System -1St Floor • Supply and Install I Heat Pump System. • Install 1 - 2.5 Ton outdoor Unit. • Install Pad, High and Low Voltage wiring necessary for unit hookup. Install 1 - 2.5 Ton Indoor Air Handler in the Retail Office Area • Set unit in Drain Pan for emergency Drain. ¦ All High and Low Voltage wiring necessary for unit hookup. ¦ All drainage hookups for Indoor Unit. ¦ Run all ductwork for system. • Install Supply into Retail Office, and install Return Air Grille in Retail Area. • Supply and install 1 digital heat pump thermostat for system. ¦ Pump down and charge system. - ¦ Fire off and set up system. We would like to encourage you to have this work done prior to our completing ceiling work in the retail area so we do not have to remove materials already installed. To that end, we are offering this unit at an installed cost. Cost this Proposal - $2,985.00 Third Floor Bathroom - ¦ Install new framing and doors to allow for a closet and private entrance into the 3`d Floor Bathroom. ¦ Supply and install 1- Sterling 30" by 48" Shower unit with seat. ¦ Supply and install Moen tub and shower faucet. ¦ Supply and install Moen Lavatory faucet and pedestal sink. EXHIBIT B /U6 Somerset Drive, Mechanicsburg, PA 17055 * Phone: 717-766-7824 * Fax: 717-766-7825 • Email: stonercontroctgrpgacomcast.net • Suplly and install 1 12" RI White Toilet • Supply and install new Bathroom Exhaust Fan. • Provide new shutoff valves for items. • Turn on. water to items and cheep operation. • All material. labor, and aspects necessary for the completion of the job. Cost this Proposal - $4,869.71 Repair Waste Line in Basement • Remove cast iron and replace with PVC in approx. area. in center of rear basement to street. Work and materials to code specifications. Cost this Proposal - $482.50 Basement Sink with Up-Pump system. _-•_- - • This proposal covers purchase and installation of a basGmerit sink with associated pumping unit to force waste water into the main bwiWing-waste line. Sink will have Moen fixtures, fully installed and plumbed. --` Cost this Proposal - $812.50 A 6? If you find the Change Order is satisfactory, please sign, date, and return one copy (two pages) in the enclosed envelope. Upon receipt of the accepted proposal, Stoner Contracting Group, LLC will issue a formal Change Order for your signatures. If you should have further questions and/or require additional information, please feel free to contact me. Sincerely, Michael A. Stoner - Owner Stoner Contracting Group LLC Contractor By: Title: _.?i. Date: 114?> Cust er Date: ?f?a?47 Date: Contracting Group, L November 18. 200 7 Fan Zone Sports Attn: Steve Berg and Brian Barber 15 North Hanover Street Carlisle, PA 17013 RE: Change Order #2 Proposals Dear Mr. Berg and Mr. Barber: Project 9LC02-121 As per our conversations please find the Change Order Cost for the items that follow. ¦ Reinforce the Retail Area Ceiling to support the new 2"' Floor Deck. This was an unforeseen condition that resulting in the installation of 3 2"x12" support beams and modification to the new wall teaming. Cost this Proposal - 5998,99 • Install a new Pressure Treated Meter Support base as per the direction from PPL. Cost this Proposal - 5418.81 • Install '/Z" BC Grade Plywood on the exterior 2"1 Floor Kitchen and Bathroom Walt. As per the direction of the Customer. Cost this Proposal - $401.72 Purchase of Refrigerator, Smooth Top Stove and Microwave Hood vent, cost above Kitchen budget Cost this Proposal - $1,384.66 If you find the Change Order is satisfactory, please include payment Frith the I 1/18/2007 Invoice. If you should have further questions and/or require additional information, please feel free to contact me. EXHIBIT C 706 Somerset Drive, Mechanicsburg, PA 17055 • Phone: 717-766-7824 R Pax: 717-766-7825 • Erma): stonercontractgrp@comcast.net Sincerely_ #« ?_- J Michael A. Stoner- Owner Stoner Contracting Group TLC 1 Vi` 7 D Contracting Group, LLC December 4. 2007 Fan Zone Sports Attn: Steve Berg and Brian Barber 1.5 North Hanover Street Carlisle. PA 17013 RE: Soffit on rear deck roof. Dear Mr. Berg and Mr. Barber: Project #LCO -104 As per our conversations, please review the proposal listed below for the above listed project at the above mentioned location. The scope of the work for the project will include the following: ¦ Remove old white aluminum soffit and accessories on rear deck roof. ¦ Install new white vinyl soffit and accessories on rear deck roof. ¦ Remove all construction waste related to the project and leave the site clean. $273.95 Note: Pricing may change due to unforeseen conditions during the project. If you find this proposal satisfactory, please circle the option desired, date, sign, and return one copy of the proposal in the enclosed envelope. Upon receipt of the accepted proposal, Stoner Contracting Group, LLC vz411 issue a formal Construction Agreement for your signature and the project will be scheduled, Again, thank you for selecting Stoner Contracting Group, LLC for this proposal. If you should have further questions and/or require additional information, please feel free to contact me. Sincerely, A ' _ Mvi } "its ?.r.>1 Darwin Waybnght - Estirilator/Purchaser l Stoner Contracting Group, LLC Contractor By. -- Title: --ti yVlrN- CACAI/ Dater Custonfer ?- fl r' f Date: Oate: EXHIBIT D 706 Somerset Drive, Mechanicsburg, PA 17055 0 Phone: 717-766-7824 & Fax: 717-766-7825 . Email: sionercontracigrp@comcast.net { ? ? ' ' '?? _ ._? __j? ? ?' ??, f, R1. i ?$'j?9 R -? J :: ? ??. ,L ?. . _, -.... . __Y, STONER CONTRACTING IN THE COURT OF COMMON PLEAS OF GROUP, LLC, CUMBERLAND COUNTY, PENNSYLVANIA Claimant V. NO. 2008-1152 MLD BRIAN BARBER, STEPHEN BERG, BERG BARBER PROPERTY GROUP and BERG BARBER PROPERTY : MECHANICS' LIEN GROUP, LLC, Owners AFFIDAVIT OF SERVICE PURSUANT TO 49 P.S. U502(a)(2) COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND Keith O. Brenneman, Esquire, hereby duly sworn according to law deposes and says: LAW OFFICES SNELBAKER & BRENNEMAN, P.C that he is a principal in the law firm of Snelbaker & Brenneman, P. C., being attorneys for Stoner Contracting Group, LLC, the Claimant in the above-captioned action; that on February 27, 2008 the Sheriff of Cumberland County did, by personal service, serve copies of the Mechanics' Lien Claim and Notice of Mechanics' Lien Claim upon Brian Barber, Stephen Berg, Berg Barber Property Group and Berg Barber Property Group, LLC, the individuals or parties identified as Owners in this action; that attached hereto and incorporated by reference herein are copies of the four (4) Sheriff s Returns noting service as described above; and that the foregoing facts are true I and correct to the best of his knowledge, information and belief. j Date: March 7, 2008 SS. Keith O. Brenneman, Esquire Sworn to and subscribed before me this 7tn day of March, 2008. COMMONWEALTH OF PENNSYLVANIA Notarial Seal J,?A=,?e A?!t Susan L Matrazi, Notary Public MedansbugSomCumberland Coj* No any Public My Commission E)ires Nov. 24, 2011 Member, Pennsylvania Association of Notaries CASE NO: 2008-01152 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND STONER CONTRACTING GROUP LLC VS BARBER BRIAN ET AL TIMOTHY BLACK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within MECHANICS LIEN CLAIM was served upon BARBER BRIAN the OWNER at 1050:00 HOURS, on the 27th day of February , 2008 at 15 NORTH HANOVER ST CARLISLE, PA 17013 by handing to STEPHEN BERG, ADULT IN CHARGE a true and attested copy of MECHANICS LIEN CLAIM together with NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Postage Surcharge Sworn and Subscibed to before me this of So Answers: 18.00 4.80 .75 10.00 R. Thomas Kline .00 33.55 02/28/2008 SNELBAKER BRENNEMAN By. day /,Deputy Sheriff A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-01152 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND STONER CONTRACTING GROUP LLC VS BARBER BRIAN ET AL TIMOTHY BLACK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within MECHANICS LIEN CLAIM was served upon BERG STEPHEN the OWNER , at 1050:00 HOURS, on the 27th day of February-, 2008 at 15 NORTH HANOVER ST CARLISLE, PA 17013 STEPHEN BERG 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 Service Affidavit Surcharge Sworn and Subscibed to before me this of So Answers: 6.00 .00 .00 10.00 R. Thomas Kline lfsy .00 16.00 02/28/2008 SNELBAKER BRENNEMAN By: day puty Sheriff A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-01152 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND STONER CONTRACTING GROUP LLC VS BARBER BRIAN ET AL TIMOTHY BLACK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within MECHANICS LIEN CLAIM was served upon BERG BARBER PROPERTY GROUP the OWNER , at 1050:00 HOURS, on the 27th day of February-, 2008 at 15 NORTH HANOVER ST CARLISLE, PA 17013 by handing to STEPHEN BERG, ADULT IN CHARGE 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 r Affidavit 00 J_t Surcharge 10.00 R. Thomas Kline .00 16.00 02/28/2008 SNELBAKER BRENNEMAN Sworn and Subscibed to By: before me this day eputy Sheriff of A.D. SHERIFF'S RETURN - REGULAR 'LASE NO: 2008-01152 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND STONER CONTRACTING GROUP 7LC VS BARBER BRIAN ET AL TIMOTHY BLACK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within MECHANICS LIEN CLAIM was served upon BERG BARBER PROPERTY GROUP LLC the OWNER , at 1050:00 HOURS, on the 27th day of February-, 2008 at 15 NORTH HANOVER ST CARLISLE, PA 17013 _ by handing to STPEHN BERG 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 Service Affidavit Surcharge Sworn and Subscibed to before me this of So Answers: 6.00 .00 00 10.00 R. Thomas Kline .00 16.00 02/28/2008 SNELBAKER BRENNEMAN By. lz?e ?e4_ day eputy Sheriff A. D. cx? SHERIFF'S RETURN - REGULAR CASE NO: 2008-01152 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND STONER CONTRACTING GROUP LLC VS BARBER BRIAN ET AL TIMOTHY BLACK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within MECHANICS LIEN CLAIM was served upon BARBER BRIAN the OWNER at 1050:00 HOURS, on the 27th day of February-, 2008 at 15 NORTH HANOVER ST CARLISLE, PA 17013 by handing to STEPHEN BERG, ADULT IN CHARGE a true and attested copy of MECHANICS LIEN CLAIM NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 4.80 Postage .75 Surcharge 10.00 of ( o o 33.55 Sworn and Subscibed to before me this of day So Answers: ?Qe?? 1.0001 , R. Thomas Kline 02/28/2008 SNELBAKER BRENNEMAN By. eputy Sheriff A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-01152 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND STONER CONTRACTING GROUP LLC VS BARBER BRIAN ET AL TIMOTHY BLACK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within MECHANICS LIEN CLAIM was served upon BERG STEPHEN the OWNER at 1050:00 HOURS, on the 27th day of February-, 2008 at 15 NORTH HANOVER ST CARLISLE, PA 17013 by handing to STEPHEN BERG 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 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 3??i/0& 9w ?/ 16.00 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 02/28/2008 SNELBAKER BRENNEMAN By: eputy Sheriff A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-01152 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND STONER CONTRACTING GROUP LLC VS BARBER BRIAN ET AL TIMOTHY BLACK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within MECHANICS LIEN CLAIM was served upon BERG BARBER PROPERTY GROUP the OWNER , at 1050:00 HOURS, on the 27th day of February-, 2008 at 15 NORTH HANOVER ST CARLISLE, PA 17013 by handing to STEPHEN BERG, ADULT IN CHARGE 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 Service Affidavit Surcharge Y/vb., Qom. So Answers: 6.00 .00 Y ?? ?? .00 ?.-rm 10.00 R. Thomas Kline .00 16.00 02/28/2008 SNELBAKER BRENNEMAN Sworn and Subscibed to By: before me this day eputy Sheriff of A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-01152 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND STONER CONTRACTING GROUP LLC VS BARBER BRIAN ET AL TIMOTHY BLACK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within MECHANICS LIEN CLAIM was served upon BERG BARBER PROPERTY GROUP LLC the OWNER , at 1050:00 HOURS, on the 27th day of February-, 2008 at 15 NORTH HANOVER ST CARLISLE, PA 17013 by handing to STPEHN BERG 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 Service Affidavit Surcharge 3 j1r10 9 ?)_ So Answers: 6.00 .00 00 10.00 R. Thomas Kline .00 16.00 02/28/2008 SNELBAKER BRENNEMAN Sworn and Subscibed to before me this of By: day eputy Sheriff A. D. STONER CONTRACTING GROUP, LLC, Plaintiff V. BRIAN BARBER, STEPHEN BERG, BERG BARBER PROPERTY GROUP and BERG BARBER PROPERTY GROUP, LLC Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.2.09 - wog 11g2- CIVIL ACTION - LAW 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 within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with a 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, Pennsylvania 17013-3302 (717) 249-3166 SNELBAKER & BRENNEMAN, P. C. 0-?" By: Attorneys for Plaintiff LAW OFFICES SNELBAKER & BRENNEMAN. P.C. STONER CONTRACTING GROUP, LLC, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. x999 - 26o,? ?- CIVIL ACTION - LAW COMPLAINT Stoner Contracting Group, LLC, Plaintiff herein, files this Complaint to obtain judgment BRIAN BARBER, STEPHEN BERG, BERG BARBER PROPERTY GROUP and BERG BARBER PROPERTY GROUP, LLC, Defendants upon a mechanics' lien claim and in support thereof states the following: 1. Plaintiff in this action is Stoner Contracting Group, LLC, having an address of 300 Walnut Circle, Shiremanstown, Pennsylvania. 2. Defendants Berg Barber Property Group, a Pennsylvania partnership, is identified as an owner in the Claim described below and is the owner of the property commonly known as 15 North Hanover Street, Carlisle, Pennsylvania at the time this action was commenced, which partnership has an address of 15 North Hanover Street, Carlisle, Pennsylvania. 3. Defendants Brian Barber and Stephen Berg are adult individuals identified as owners in the Claim described below having an address of 15 North Hanover Street, Carlisle, Pennsylvania. 4. Defendant Berg Barber Property Group, LLC is identified as an owner in the Claim described below, having an address of 15 North Hanover Street, Carlisle, Pennsylvania. 5. On February 22, 2008, Plaintiff as Claimant filed a Mechanics' Lien Claim docketed to No. 2008-1152 MLD in the Court of Common Pleas of Cumberland County, Pennsylvania. A LAW OFFICES SNEL13AKER SC BRENNEMAN. P.C. true and correct copy of the Mechanics' Lien Claim filed February 22, 2008 (the "Claim") is attached hereto and incorporated herein as "Exhibit A". WHEREFORE, Plaintiff demands judgment against the Defendants in the amount of $25,486.92, together with interest thereon and costs of this action. SNELBAKER & BRENNEMAN, P. C. BY: Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Date: J ' S. Z Lib 9 Attorneys for Plaintiff Stoner Contracting Group, LLC LAW OFFICES SNELBAKER4 _Z_ BRENNEMAN, P.G. VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. I verify that I am authorized on behalf of Stoner Contracting Group, LLC to execute this Verification on its behalf. Date: June 15, 2009 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. STONER CONTRACTING IN THE COURT OF COMMON PLEAS OF GROUP, LLC, CUMBERLAND COUNTY, PENNSYLVANIA Claimant V. BRIAN BARBER, STEPHEN BERG, NO. BERG BARBER PROPERTY= GROUP and BERG BARBER PROPERTY : MECHANICS' LIEN I F" GROUP, LLC, Owners rv N) 4 . MECHANICS' LIEN CLAIM co ra Claimant Stoner Contracting Group, LLC, through its attorneys, Snelbaker & Brenneman, P. C., files this claim against the improvements and property at 15 North Hanover Street, Borough of Carlisle, for the payment of a debt due to Claimant as a contractor for labor and materials furnished by Claimant in the erection, construction, alteration and repair of mprovements. In support of the claim, the Claimant makes the following statement: 1. Claimant Stoner Contracting Group, LLC, having an address of 706 Somerset Drive, , Pennsylvania files this claim as contractor. 2. The owner or reputed owner of the property that is subject to this clairn are Brian Barber, Stephen Berg, Berg Barber Property Group and Berg Barber Property Group, LLC, each with an address at 15 North Hanover Street, Carlisle, Pennsylvania, 17013. 3. The improvement and the property which are subject to this claim are a three-story commercial/residential structure with appurtenant land at 15 North Hanover Street, Carlisle, Pennsylvania, known as Tax Parcel No. 02-21-0320-075A, more particularly bounded LAW OFFICES and described as follows: SNELBAKER& BRENNEMAN, P.G. EXHIBIT A On the North by property now or late of J. C. George and N. J. George, trading as N & J Company, on the East by Alexander or Stouffer Alley, on the South by other land of John T. Evans and Nancy H. Evans, his wife and Darryl Earnest Evans and Kathleen K. Evans, his wife, known and numbered as 13 North Hanover Street and on the West by North Hanover Street. 4. The material and labor supplied by Claimant for which a debt is due were provided pursuant to a written contact dated May 22, 2007 as amended, modified or supplemented by change orders dated July 10, 2007, November 18, 2007 and December 4, 2007. Copies of the aforementioned contract and change orders are attached hereto and incorporated by reference herein as Exhibit A, Exhibit B, Exhibit C and Exhibit D, respectively. 5. The material and labor supplied for which a debt is due consisted of complete (demolition of all interior walls and ceilings on all levels of the structure, converting the first floor into a retail clothing store with a business/office area and shipping/receiving area, converting the second and third floor into a single two-story apartment and providing structural upgrades to the roof. 6. The last day of completion of the work for which claim is made is December 4, 2007. 7. The amount claimed to be due and payable to Claimant is $25,486.92. SNELBAKER & BRENNEMAN, P. C. I // BY: kll?? Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Date: February 21, 2008 Attorneys for Claimant Stoner Contracting Group, LLC -2- LAW OFFICES SNELBAKER & BRENNEMAN, P.C. VERIFICATION I verify that the statements made in the foregoing Mechanics' Lien Claim are true and I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ection 4904 relating to unsworn falsification to authorities. I verify that I am authorized as an Iowner of Stoner Contracting Group, LLC to execute this Verification on its behalf. 1 - y Fred Stoner ?- (Date: LAW OFFICES SNELBAKER SC BRENNEMAN, P.C. II Construction Agreement Between Customer & Contractor This agreement, made this 22nd day of May, 2007, shall set forth the whole as eemerit, in its entirety, between Contractor and Customer. Contractor: Stoner Contracting Group LLC, 706 Somerset Drive Mechanicsburg PA 17055-6602, referred to herein as Contractor. Customer(s): Berg Barber P=erty Group LLC, IS North Hanover Street Carlisle PA 17013 referred to herein as Customer. Project Name: Fan Zone Sports Tenant Fit-out, and Renovations to Townhouse Apartments Project Location: 15 North. Hanover Street Carlisle PA 17013 The Customer and the Contractor agree to the following: SCOPE of WORK This project shall be a joint effort between Contractor and Customers to complete the above mention project. Contractor shall perform all work as described below and provide all materials to complete the work described below. All materials under the Contractors obligation shall be supplied by Contractor in accordance with the Scope of Work. Revisions relating to changes in Contractors scope of work, materials, or structure design after this point shall be subject to a formal Change Order process detailed later in this document. Stoner Contracting Group LLC shall conclude activities upon the Customer receiving the Occupancy Certificate from Borough. A brief outline of the work is as follows. This document shall cover major task of both Parties that will be needed to complete the structure in a reasonable time frame. Where Contractor task are covered, all work referenced in the Scope of Work will be completed to the Customer's reasonable satisfaction- The following is only a basic outline of the overall work to be performed: This Scope of Work is contingent on the Carlisle Historical Society's review and approval of final plans and materials. The Scope includes plans for construction and renovations not yet approved by either the City or Historical Society, and is subject to changes they may require- Contractor reserves the right to adjust cost based on deviations imposed by said reviewing parties. Materials and construction methods include in this Scope are available from commercial suppliers. Should custom or hand-made items be required by City or Historical Society, the additional cost of these materials/methods will be communicated to customer prior to ordering for his review. These costs will be considered change order deviations from the original Construction Agreement, subject to payment by Customer. Customer shall be main communications contact between Contractor and Historical Society. EXHIBIT A Customer shall respond in a timely fashion to all issues related to the project to avoid construction delays. Delays in construction resulting from lengthy decision making can the Customers part shall result in an extension of the finish date(s), equal in length to the delay. Stoner Contracting Group LLC will respond in a timely manner to all issues relating to project to avoid any construction delays. Stoner Contracting agrees to an estimated start date of first week of June, 2007. This date is contingent of granting of all permits and applications required by City and governing agencies. All efforts will be made to have first floor showroom/office operational in accordance with the Contractor scope of work as defined in the Construction Agreement for business purposes by August 1, 2007. Estimated completion of 2nd and Yd floor townhouse apartment shall be September 28, 2007. Any delays in construction caused by contractor beyond October 1, 2007 shall incur liquidated damages of $1.00.00 per day payable by contractor to Berg Barber Group, L.LC. Contractor and Customer agree to the following pre-construction conditions and terms: • Customer shall be responsible for all permits needed to perform this work. These documents shall be approved and presented to Contractor prior to work being scheduled. • Customer shall meet with historical Society to discuss project design and details and secure approval of materials and designs prior to work being scheduled. • Customer shall have full responsibility for design and acceptance of "Store Front" at property. Contractor shall support in design process as needed and will execute approved design. The store front portion of work shall be treated as a separate project and is not included in the proposals reviewed to-date. • Customer shall provide electricity and water as required by contractor. • All windows to be purchased under proposed grant. Installation to be determined at future date but not part of this agreement. • Contractor shall provide six-panel Colonial hollow-core style, openings to be modified to fit standard manufacturer's sizes. Doors will be primed only. Includes all standard hardware. • Contractor shall be responsible for providing materials and labor covering the following activities: Site Prep ? Contractor will supply multiple 10 cubic yard dumpsters in the buildings rear parking lot for waste. Customer shall be allowed to utilize these dumpsters during construction for disposal of any waste materials as a result of customer's renovation of rear warehouse area. Contractor and Customer will review the site and agree on materials to be removed and demolition, prior to work beginning. ? The Edge of the Rear Porch Roof to be strengthened with a temporary support wall to facilitate removal of debris.. ? Rear roof surface to be covered with a temporary walkway during construction. ? Contractor will keep power and water supplied to the first floor Bathroom during the duration of this work. ? Contractor shall be granted 24 hour access to property for legitimate work. ? Contractor shall be responsible for employee and equipment parking and staging for the duration of this project. This shall include parking permits, bagging of meters, and large equipment permits. ? Contractor will accept responsibility for securing building. construction materials and Customers inventory during times when Customer is not present. This responsibility is defined as: o Not allowing anyone not employed or subcontracted to Stoner Contracting to enter site without Customers consent. o Not allowing anyone not employed or subcontracted to Stoner Contracting to access or removes any of Customers inventory stored in the building during renovation. All of Customer's materials and inventory will be securely located in the rear warehouse area that is not being renovated as part of this contract. o Locking all doors and windows prior to leaving site for the day. ? Securing any materials on site but not yet installed as part of construction. ? Contractor agrees to maintain and keep in full force adequate insurance for the period of construction as well as appropriate riders to cover uninstalled building materials. Customer will not be responsible for loss or theft of uninstalled building materials or contractor's tools. Proof of insurance shall be provided prior to commencement of contract. All insurance must be maintained and held in effect for duration of the contract for the full amount agreed upon prior to commencement of contract. Demolition(lst Floor) ? Remove acoustical ceiling and all other material above acoustical ceiling to accept drywall. ? Remove existing wall materials to accept drywall. ? Remove counter from store floor and hold. ? Remove carpet from store floor. ? Clean area as needed for fit out. ? Removal of any electrical or plumbing that does not meet code. Demolition (2nd floor) ? Remodel the existing -interior apartment doorway allowing the most access to the stairway. ? Remove carpet from staircase from first floor to the third floor and make ready to accept new carpet. ? Remove all carpet from second floor and any other floor materials to accept new carpet. ? Remove acoustical ceiling and any other materials above acoustical ceiling. ? Remove all wall materials to accept drywall. ? In the Kitchen remove and dispose of all wall and floor cabinetry along with Kitchen sink and stove hood fan. ? Remove wooden steps from wall egress window and "hold. ? In the bath room remove toilet, bathtub, sink-and all floor and wall the to accept carpet and drywall. ? Remodel the existing closet in the Kitchen and Hallway to allow for a Pantry in the Kitchen and a PNAC unit in the Hallway. ? Clean area as need for fit out. ? Remove wall between bath and stairs landing for refit of new support beam. ? Remove stairs inner wall material. ? Removal of any electrical or plumbing that does not meet code. Demolition (3rd floor) A Remove all carpet from floors. ? Remove all wall material from wall to accept drywall- )- Remove walls of short hallway between Bedrooms for new framed closets. ? Clean area as needed for fit out. ? Removal of any electrical or plumbing that does not meet code. Demolition (2nd and 3rd floor deck structure) s ? Remove all white fascia from rear 2nd and 3rd Floor Porches to accept new Azeck composite board. ? Rework existing stairs from second to third floor and any and all other materials to accept new stairs. ? Remove existing hand rail from deck. ? Remove wood walkway from roof and dispose. ? Remove all deck planking and sub-structure that is damaged or rotted. A Clean deck area for new materials. Contractor shall perform following construction activities as per previous discussions and correspondence; First Floor Show Room and Office A Office shall be constructed within the area currently occupied by the existing showroom. ? Walls and ceilings to be 5/8" Fire Rated drywall installed and prepared ready for painting. All drywall surfaces will be installed such that fire code is met. If fire code rating is not met, contractor shall be responsible at their expense to bring areas required into fire code compliance. ? Floors covering to be Customer selected within agreed allowance. A Lighting to be Customer select within agreed-allowance. ? Electrical package per code and previous proposals. This includes separation of first floor from apartment electrical. Separate breaker boxes for commercial and residential areas shall be supplied under this contract. All commercial areas will be outfitted with MC type electrical cable and will meet electrical code. All electrical outlets will be installed per and will meet ADA height requirements, to be determined by Third Party Electrical Inspection Review. ? Cabinets and showroom fit-out by others. A Construct separate office area behind showroom consisting of a framed partition wall across width of structure at location selected by Customer. Interior finish of office shall be 5/8" Fire Rated drywall installed and prepared for painting. ? Security door will be installed between office and showroom. ? Two-way mirror assembly shall be provided between office and showroom Y Rear door of the office shall be a framed opening. A New ductwork for existing air conditioning system shall be supplied as part of this contract. Exposed ductwork shall be selected by customer within agreed allowance. ShinninQlReceivinQ Only work performed in this area will involve upgrading electrical distribution boxes and wiring situated or running through shipping/receiving. ? Bathroom currently located in this area will be isolated and made serviceable. This restroom will be in active use during the project. Second Floor Renovations ? Reconstructing stairway to widen. Install handrail in stairwell. R-13 insulated stud wall at front. ? All walls to be '/Z" drywall, finished and ready for paint. Ceilings throughout second floor to be acoustical ceiling style. ? Second floor shall be carpet throughout, vinyl floor in Bathroom. ? Electrical work to meet code. All cabling shall be Romex type residential electrical cabling. ? Electrical breaker box will be installed in apartment area that is easily accessible to tenants of apartment and shall be isolated such that all apartment electrical service is completely separate from first floor commercial space. ? All plumbing for apartment shall be isolated from commercial space. This shall be accomplished as follows: o Customer will provide a Customer maintained water meter which shall be installed behind Customer's water main meter as part of this contract. o A single cold water feed shall be installed and run to third floor of building in apartment utility room. Water will then be connected to hot and cold water feeds going to Laundry rooms hookups, Bathroom feeds and Kitchen Beds. All plumbing shall be new and meet current codes. Flexible "Maniblock" type plumbing is acceptable for use in apartment area. Any plumbing installed in commercial area shall meet commercial cods requirements. ? HV AC unit for second and third floor to be installed in second floor hall closet. ? Second floor to include Kitchen, with appliances, cabinets and countertops installed. Installed appliances shall include: ? Standard over/under refrigerator/freezer ? One microwave/internal ventilation hood ? One four-burner electric range with oven. ? Second floor shall have a Bathroom including the following ? Bathroom walls and ceiling to be moisture resistant 1/z" drywall. Pedestal type sink > Standard residential toilet Shower stall with Shower Boor Current window leading to back porch from the Kitchen to be modified based on City and I IAARB requirements. An allowance for this custom security door unit to be installed in the Kitchen to facilitate access to new rear roof deck area and fire egress from second floor. Appropriate stair access will be constructed to access door. D Repair leak at rear of existing deck and install new wooden decking as per Customer provided specifications discussed during site walk through. Third Floor Renovations > Widen stairway and install structural supports per discussions with City. A R-13 insulated stud wall at front. ? All walls to be 1/z" drywall, finished and ready for paint. ? Ceilings throughout third floor to be acoustical ceiling style. ? Third floor shall be. carpet throughout, vinyl floor in Laundry. A Electrical work to meet code. ? Third floor to include Laundry. Appliances not included. .? Laundry hookups including hot and cold water and waste water drain for washing machine shall be installed as part of this contract. ? Contractor, shall purchase and install a 3O gallon electric hot water heater in Laundry area. Attic Renovations ? Bottom doorway to attic to be lockable and secured. ? Reinforce and support existing rafters and columns. ? Construct new wall across attic area to support ridge. ? Extend rafters to exterior wall plates. > Electrical power and lighting supplied to support construction activities. Roof Repairs ? Repair/replace flashing around parapet walls ? Extend existing waste vent stacks through roof and flash. Close chimney opening after brick is removed to a level below the existing roof deck by Customer. Patch and flash as necessary. A Rework gutter system, upgrade to commercial quality. r Remove exhaust fan hood from lower roof. Patch and flash opening as necessary r Re-flash and install rubber roofing on lower roof in preparation for deck. Porches and Decks ? Replace rotted trim and fascia boards. 7 Replace railing with material and methods approved by Historical Society Construct pressure treated deck over rubber roof portion on lower roof structure. Exact size to be determined. Railing across front of deck to restrict access to roof structure. ? Install rubberized slip resistant walking pads on third floor access steps as well as along roof to rear roof exit door area. Telephone and Data Cabling ? All telephone and data cabling in commercial area shall be Customer provided. Installation shall be coordinated with contractor such that installation can be appropriately phased during construction- All telephone and cable television cabling in apartment area shall be provided as part of this contract. One telephone/cable outlet shall be installed in living room and Bedrooms. One single telephone cable outlet shall be provided in Kitchen area for a hanging wall phone. All cabling will be isolated to apartment only and shall be terminated on rear of building for connection to utility company supplied network interface device (NID). Customer will coordinate service NID installation with utility companies. CHANGES AND DEVIATIONS TO THE AGREEMENT All changes and deviations in the work ordered by the Customer from the Construction Agreement Between Customer & Contractor dated May 16, 2007 must be in writing, the contract sum being increased or decreased accordingly by the Contractor. Any projected or definite increases to the cost of the work must be presented by the Contractor to the Customer in writing, and written approval of the Customer shall be obtained by the Contractor before proceeding with the ordered change or revision. This shall be done through a formal written document (Change Order), numbered in sequence, and shall include the nature of the change, proposed cost adjustment, any anticipated effect of construction timing, and signature blocks for all parties involved. PROJECT COORDINATION All efforts shall be made by Contractor to coordinate project activities with Customer and Customers crews. Contractor will allow Customer reasonable time to complete task that Customer is responsible for, prior to continuing work on Contractor related task. In the event of a timing conflict, where Contractor is prevented from continuing work due to a delay in Customer related task, Contractor may request an accelerated payment to compensate for work which could have been done during the delay. If delays result in additional shipping, restocking, or delivery charges, Contractor shall bill Customer for these at cost. ALLOWANCES Allowances have been included in the price of this structure for specific items. Should the Customer exceed the amount of the allowance, the difference shall be due and payable to Contractor at the conclusion of the project. Should the Customer not meet or exceed the allowance, a credit shall be due Customer upon the conclusion of this project. COMMENCEMENT AND COMPLETION SCHEDULE The work described above shall be started within a reasonable period of time of verbal notice from Customer; the projected start date is within a reasonable time for mobilization once the building permit have been received In the event the Contractor is delayed in the prosecution of the work by acts of God, Fire, Flood, Act of Terror or War and or any other unavoidable casualties; or by labor strikes, late delivery or shortages of materials; or by neglect of the Customer; the time completion of the work shall be extended for the same period as the delay occasioned by any aforementioned causes. No extension of time will be valid, without the Customer's written consent. CONTRACT SUM The Customer shall pay the Contractor for the performance of the completed work, subject to additions and deductions, as authorized by this agreement or attached addendum. The contract sum is One Hundred Thirteen Thousand Thirty-five Dollars and Eight Cents, (SI M035.08) ? Allowance of $1,250.00 for the 2nd Floor Kitchen Window/Egress Door (included in the Total Contract Sum) Allowance of $400.00 for the Shower Door to be installed on the Shower Stall in the 2nd Bathroom (included in the Total Contract Scam) PROGRESS PAYMENTS The Customer shall pay installments as detailed below to the Contractor: Customer will pay Eighteen Thousand Dollars, ($1$.000.00), Deposit. Customer will pay Twenty-nine Thousand Five Hundred Dollars, ($29,500.00), when the Retail and Office areas have meet the requirements as defined in the Scope of Work im the Construction Agreement. Customer will pay Thirty-one Thousand Three Hundred Fifty Dollars ($31,350.00 , when Mechanical, Electrical, and Plumbing is Roughed-in, the drywall is taped and sanded, and interior door are installed. Customer will pay Twenty-nine Thousand Two Hundred Sixty-two Dollars, ($29,262.00), when the Mechanical, Electrical, and Plumbing, Trim and Interior Doors, The Kitchen and Bathroom Cabinets, Appliances, and Bathrooms are complete. 5 { : d x x ?'x"w.•?'?F s : h. i?° e v ..- ? 1 r.. y i ./ 1.:.`. „?t. x,?'? t-k'T 1.? 1..? M, L"•"^qe" Customer will pay Four Ali _ ' ?t±Aietaa?'la €,aed when all work is complete and the Customer receives the Certificate of Occupancy from Borough. All payments are subject to a site inspection and approval of work by the Customer. CONTRACT ASSIGMENT Contractor shall not assign this contract or further subcontract the whole of this subcontract without the written consent of the Customer. LAWS, PERMITS, FEES, AND NOTICES Customer is responsible for all required laws, permits, fees, or notices required to perform the work stated herein. Attorneys fees and court cost shall be paid by the defendant in the event that judgment must be, and is enforced under this agreement or any breach thereof. This agreement shall be interpreted under the laws of the State of Pennsylvania. INSURANCE The Contractor agrees to protect him self against claims for ;property damage, bodily injury or death due to his performance of his agreement and shall furnish proof of insurance coverage upon request. WARRANTY Contractor warrants to the Customer all work and materials provided by it or those ualder its supervision and control, for one year from the final day of work performed and nc3t beyond. This Agreement entered into on May 22, 2007, shall constitute the whole agreement between Customer and Contractor, Contractor By: Title: Date: Customq f Date: i F 7 ? Date: 6? a t ? ? -"?? trf _ .fy +2 p .rn. ? ily Contracting Group, LLC July 10, 2007 Fan Zone Sports Attn: Steve Berg and Brian Barber 15 North Hanover Street Carlisle, PA 17013 Project 4LC02-121 RE: Central Air Retail, 3c° Floor Bathroom, Water Line Repairs, and Sink in Basement Dear Mr. Berg and Mr. Barber: As per our conversations please find the Proposals for the above listed project at the above mentioned location. Central Air System - I" Floor Supply and Install 1 Heat Pump System. Install 1 - 2.5 Ton outdoor Unit. ¦ Install Pad, High and Low Voltage wiring necessary for unit hookup. Install 1 - 2.5 Ton Indoor Air Handler in the Retail Office Area Set unit in Brain Pan for emergency Drain. All High and Low Voltage wiring necessary for unit hookup. ¦ All drainage hookups for Indoor Unit. • Run all ductwork for system. Install Supply into Retail Office, and install Return Air Grille in Retail Area. ¦ Supply and install 1 digital heat pump thermostat for system. ¦ Pump down and charge system. Fire off and set up system. We would like to encourage you to have this work done prior to our completing ceiling work in the retail area so we do not have to remove materials already installed. To that end, we are offering this unit at an installed cost. Cost this Proposal - $2,985.00 Third Floor Bathroom - ¦ Install new framing and doors to allow for a closet and private entrance into the 3rd Floor Bathroom. ¦ Supply and install 1- Sterling 30" by 48" Shower unit-with seat. Supply and install Moen tub and shower faucet. Supply and install Moen Lavatory faucet and pedestal sink. EXHIBIT B 706 Somerset Drive, Mechanicsburg, PA 17,055 - Phone: 717-766-7$24 - Fax: 717-766-7825 - Email: stonercontracigrpgcomcast. net Supply and install 1 12" RI White Toilet Supply and install new Bathroom Exhaust Fan. Provide new shutoff valves for items. Tura on. water to items and check operation. All material, labor, and aspects necessary for the completion of the job, Cost this Proposal - $4,869.71 Repair Waste Line in Basement Remove cast iron and replace with PVC in approx. area in center of rear basement to street. Work and materials to code specifications. Cost this Proposal - $482.50 Basement Sink with Up-Pump system. _------ ¦ This proposal covers purchase and installation of a?mefit sink with associated pumping unit to force waste water into the main buxlclrrfg waste line. Sink will have Moen fixtures, fully installed and plumbed. Cost this Proposal - $812.50 If you find the Change Order is satisfactory, please sign, date, and return one copy (two pages) in the enclosed envelope. Upon receipt of the accepted proposal, Stoner Contracting Group, LLC will issue a formed Change Order for your signatures. If you should: have further questions and/or require additional information, please feel free to contact me. Sincerely, Michael A. Stoner - Owner Stoner Contracting, Group LLC Contractor Cust er -.. __ __ _ •?_Gi By: Title: Date: Date: ' Date: J Contracting Group, L November 19, 2007 Fan Zone Sports Attn: Steve Berg and Brian Barber 15 North Hanover Street Carlisle, PA 17013 RE: Change Order #2 Proposals Dear Mr. Berg and Mr. Barber: Project 9LC02-121 As per our conversations please find the Change Order Cost for the items that follow. Reinforce the Retail Area Ceiling to support the new 2"d Floor Deck. This was an unforeseen condition that resulting in the installation of 1 2"x12" support beams and modification to the new wall framing, Cost this Proposal - $998.99 • Install a new Pressure Treated Meter Support base as per the direction from PPL. Cost this Proposal - 5418.81 ¦ Install '/a" BC Grade Plywood on the exterior 2nd Floor Kitchen and Bathroom Wall. As per the direction of the Customer. Cost this Proposal - a401.72 ' Purchase of Refrigerator, Smooth Top Stove and Microwave Hood vent, cost above Kitchen budget Cost this Proposal - 51,384.66 If you find the Change order is satisfactory, please include payment with the 11/18/2007 Invoice. If you should have further questions and/or require additional info ination, please feel free to contact me. EXHIBIT C 706 Somerset Drive, Macfianicsburg, PA 17055 • Phone: 717-766-7624 • Fax: 717.766.7825 . Email: stonercontracigrp@comcosi.nei Sincerely, V,. Michael A. Stoner- Owner Stoner Contracting Group L LC ? ' ye iF t Contracting Group, LLC December 4.2007 Fan Zone Sports Attn: Steve Berg and Brian Barber 15 North Hanover St.Teet Carlisle, PA 17013 RE: Soffit on rear deck roof. Dear Mr. Berg and Mr. Barber: Project #LCa2-l04 As per our conversations, please review the proposal. listed belotV for the above listed project at the above mentioned location. The scope of the wort: for the project will include the following; • Remove old white aluminurrr soffit and accessories on rear deck roof. • Install new white vinyl soffit and accessories on rear deck roof. • Remove all construction waste related to the project and leave the site clean. X273.95 Note: Pricing may change due to unforeseen conditions during the project. If you find this proposal satisfactory, please circle the option desired, date, sign, and return one copy of the proposal in the enclosed envelope- Upon receipt of the accepted proposal, Stoner Contracting Group, LLC Adll issue a formal Construction Agreement for your signature and the project will be scheduled, Again, thank you for selecting Stoner Contracting Group LLC for this proposal. If you should Dave further questions and/or require additional information, please feel free to contact me. Sincerely, V J, V? EFir° Xr " J Darwin Waybright - Estilhator/Purchaser Stoner Contracting Group, LLC Contractor Title:- Date: Custolner Date: Date: EXHIBIT D 706 Somerset Drive, Mechanicsburg, PA 17055 - Phone: 717-766-7824 - Pax: 717-766-7825 - Email: stonercontractgrp@comcast.net C?') OF THI4 N':. ; 77"Apy 2CC9 j L I A 17 P i?: 0 G- t :. Sheriffs Office of Cumberland County R Thomas Kline, of cAfltjCiprjhawara L 6cnorpp Sheriff Solicitor {. Ronny R Anderson Jody S Smith Chief Deputy ',F S-ER'AF Civil Process Sergeant Stoner Contracting Group, LLC Case Number vs. Brian Barber 2008-1152 SHERIFF'S RETURN OF SERVICE 06/18/2009 02:05 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to Ilaw, states that on June 18, 2009 at 1405 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Brian Barber, by making known unto Stephen Berg, Owner at 15 North Hanover Street Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. 06/18/2009 02:05 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on June 18, 2009 at 1405 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Stephen Berg, by making known unto himself personally, defendant at 15 North Hanove Street Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to hin' personally the said true and correct copy of the same. 06/18/2009 02:05 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on June 18, 2009 at 1405 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Berg Barber Property Group, by making known unto Stephen Berg, Owner at 15 North Hanover Street Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. 06/18/2009 02:05 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on June 18, 2009 at 1405 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Berg Barber Property Group, LLC, by making known unto Stephen Berg, Owner at 15 North Hanover Street Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $81.40 SO ANSWERS, June 19, 2009 R THOMAS KLINE, SHERIFF Depu?tyS he riff :t -< es STONER CONTRACTING GROUP, LLC, Plaintiff, V. BRIAN BARBER, STEPHEN BERG, BERG BARBER : PROPERTY GROUP and BERG BARBER PROPERTY GROUP, LLC, Defendants. TO: Stoner Contracting Group, LLC c/o Keith O. Brenneman, Esquire Snelbaker & Brenneman, P.C. 44 West Main Street Mechanicsburg, Pennsylvania 17055 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-1152 CIVIL TERM CIVIL ACTION-LAW NOTICE TO PLEAD You are hereby notified that you have twenty (20) days in which to plead to the enclosed Answer and New Matter or a Default Judgment may be entered against you. 'BRIEN, B & H R David A. Baric, Esquire Date: July 2, 2009 I.D. # 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 STONER CONTRACTING GROUP, LLC, Plaintiff, V. BRIAN BARBER, STEPHEN BERG, BERG BARBER : PROPERTY GROUP and BERG BARBER PROPERTY GROUP, LLC, Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-1152 CIVIL TERM CIVIL ACTION-LAW ANSWER AND NEW MATTER AND NOW, come Defendants, by and through their attorneys, O'BRIEN, BARIC & SCHERER, and file the within Answer and New Matter and, in support thereof, set forth the following: 1. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of these averments and they are, therefore, denied. 2. Admitted in part and denied in part. It is admitted only that Berg Barber Property Group is a Pennsylvania partnership and was identified in the Claim as an owner of the property known as 15 North Hanover Street, Carlisle, Pennsylvania. All other averments are denied. To the contrary, the Construction Agreement upon which Plaintiff bases its claim was with Berg Barber Property Group, LLC. 3. Admitted in part and denied in part. It is admitted only that Brian Barber and Stephen Berg are adult individuals and are identified in the Claim as owners of the property known as 15 North Hanover Street, Carlisle, Pennsylvania. All other averments are denied. To the contrary, the Construction Agreement upon which Plaintiff bases its claim was with Berg Barber Property Group, LLC. 4. Admitted in part and denied in part. It is admitted only that Berg Barber Property Group, LLC is identified in the Claim as an owner of the property known as 15 North Hanover Street, Carlisle, Pennsylvania and has a registered address of 15 North Hanover Street, Carlisle, Pennsylvania. All other averments are denied. 5. Admitted in part and denied in part. It is admitted only that Plaintiff filed a Mechanic's Lien Claim docketed to the referenced number on February 22, 2008. All averments set forth in the said Claim are denied and strict proof thereof demanded. WHEREFORE, Defendants request that judgment be entered against Plaintiff and that no damages be awarded to Plaintiff. NEW MATTER 6. Defendants incorporate by reference their answers to paragraphs one (1) through (5) as though set forth at length. 7. Plaintiff failed to supply all of the materials required for the work as set forth in the contract between Plaintiff and Berg Barber Property Group LLC. 8. Plaintiff failed to complete all of the work set forth in the contract between Plaintiff and Berg Barber Property Group LLC. 9. Plaintiff failed to complete the work set forth in the contract between Plaintiff and Berg Barber Property Group LLC in a workmanlike manner. 10. As a direct and proximate result of Plaintiff s failure to perform all of the work set forth in the contract between Plaintiff and Berg Barber Property Group LLC or to perform its work in a workmanlike manner, Defendants have incurred costs of $10,709.00 to have the work completed and/or corrected. 11. As a result of Plaintiff's failure to complete the work set forth in the contract between Plaintiff and Berg Barber Property Group LLC, Berg Barber Property Group LLC is entitled to liquidated damages of $6,500.00 pursuant to the terms of the agreement. 12. Plaintiff has failed to properly account for all payments made by Defendants to Plaintiff. 13. Plaintiff seeks to recover sums to which it has no right of recovery. 14. Defendants are entitled to a set off for the amount of the liquidated damages and costs incurred to complete and/or correct the work of Plaintiff. 15. Plaintiff seeks to recover money beyond any amounts due under the contract between Plaintiff and Berg Barber Property Group LLC and any change orders entered into by Plaintiff and Berg Barber Property Group LLC. 16. Brian Barber, Stephen Berg and Berg Barber Property Group are not proper parties to this action. 17. Plaintiff has no right of recovery in this action against Brian Barber, Stephen Berg or Berg Barber Property Group. 18. Defendants were justified in withholding any additional payments to Plaintiff. 19. Plaintiff is estopped by his conduct and actions from recovery in this matter. 20. Plaintiff is not the real party in interest. 21. Defendants were released from any further obligations to pay Plaintiff as a consequence of Plaintiff's failure to perform the work and failure to perform the work rendered in a workmanlike manner. 22. Plaintiff's mechanics' lien claim fails to comply with applicable law. WHEREFORE, Defendants request that judgment be entered against Plaintiff, alternatively, Defendants request that a set off be granted against Plaintiff's claim. Respectfully submitted, 0-74EN, BARIC HERE David A. Baric, Esquire I.D. # 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Defendants VERIFICATION The statements in the foregoing Answer and New Matter are based upon information which has been assembled by our attorney in this litigation. The language of the statements is not our own. We have read the statements; and to the extent that they are based upon information which we have given to our counsel, they are true and correct to the best of our knowledge, information and belief. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsifications to authorities. DATE: Stephen Be VERIFICATION I verify that the statements made in the foregoing Answer and New Matter are true and correct to the best of my knowledge, information and belief. This verification is signed by David A. Baric, Esquire, Attorney for Defendant, Brian Barber and is based upon the statements provided by Defendant, Brian Barber, as well as documents reviewed by the undersigned as attorney for Defendant, Brian Barber. This verification will be substituted and ratified by a verification signed by the Defendant, Brian Barber who is presently unavailable to sign said verification. I undersigned that false statements herein are made subject to penalties of 18 Pa.C.S. §4904, relating to unsworn falsifications thorities. Dated: 7 PdI David A. Baric, Esquire CERTIFICATE OF SERVICE I hereby certify that on July 2, 2009, I, David A. Baric, Esquire of O'Brien, Baric & Scherer, did serve a copy of the Answer and New Matter, by first class U. S. mail, postage prepaid, to the party listed below, as follows: Keith O. Brenneman, Esquire Snelbaker & Brenneman, P.C. 44 West Main Street Mechanicsburg, Pennsylvania 17055 David A. Baric, Esquire FILE-C- O FOE OF T'rir PR".- M9 JUL -2 PM 3: if ! - - I; c -y Ui'v. STONER CONTRACTING GROUP, LLC, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-1152 V. BRIAN BARBER, STEPHEN BERG, BERG BARBER PROPERTY GROUP and BERG BARBER PROPERTY GROUP, LLC, Defendants CIVIL ACTION -LAW REPLY TO NEW MATTER Stoner Contracting Group, LLC by its attorneys, Snelbaker & Brenneman, P.C. files this Reply to New Matter as follows: 6. Paragraph 6 of Defendants' New Matter should be stricken as improperly requiring a reply to an answer which is not a recognized pleading under the Pennsylvania Rules of Civil Procedure. The allegations of facts set forth in Defendants' Answer are denied in their entirety to the extent they include facts contrary to the averments of Plaintiff's Complaint or Mechanics' Lien Claim or facts not contained in Defendants' New Matter not specifically denied in this Reply. 7. Denied. It is denied that Plaintiff failed to supply all of the materials required for the work as set forth in any contract or amendments thereto between Plaintiff and any Defendant. On the contrary, Plaintiff supplied all materials required for the work agreed to by the Defendants. 8. Denied. It is denied that Plaintiff failed to complete all of the work set forth in the contract between Plaintiff and the Defendants. On the contrary, Plaintiff completed all of the LAW OFFICES work required by the agreements between Plaintiff and the Defendants. SNELSAKER & BRENNEMAN, P.C. 9. Denied. Paragraph 9 of Defendants' New Matter contains an unwarranted conclusion of law to which no response is required by this party pursuant to Pa.R.C.P. 1029(d). To the extent a reply is deemed necessary, it is denied that Plaintiff failed to do any work on the project under any contract or agreement in a workmanlike manner. 10. Denied. Paragraph 10 of Defendants' New Matter contains an unwarranted conclusion of law to which no response is required by this party pursuant to Pa.R.C.P. 1029(d). To the extent a reply is deemed necessary, it is denied that Plaintiff failed to perform all of its work set forth in its agreements with the Defendants or failed to perform its work in a workmanlike manner. By way of further reply, it is denied that Defendants have incurred any costs to have any work of the Plaintiff completed and/or corrected. 11. Denied. Paragraph 10 of Defendants' New Matter contains an unwarranted conclusion of law to which no response is required by this party pursuant to Pa.R.C.P. 1029(d). To the extent a reply is deemed necessary, it is denied that any Defendant is entitled to liquidated damages pursuant to the terms of the agreement. On the contrary, Defendants interfered with timely completion of various stages of the project thereby requiring the time periods specified in the contract to be extended. By way of further response, Defendants were in fact working in the retail space prior to August 1, 2007 and the project was substantially completed by October 1, 2007. 12. Denied. It is denied that Plaintiff at any time has failed to properly account for all payments made by the Defendants to Plaintiff. To the contrary, Plaintiff has properly accounted for all payments by the Defendants in spite of the fact that Defendants have failed to make all payments due and owing to the Plaintiff. LAW OFFICES SNELBAKER & BRENNEMAN, P.C. 2 13. Denied. It is denied that Plaintiff seeks to recover sums to which it has no right of recovery. On the contrary, Plaintiff seeks to recover amounts that are properly due and owing. 14. Denied. Paragraph 14 of Defendants' New Matter contains an unwarranted conclusion of law to which no response is required by this party pursuant to Pa.R.C.P. 1029(d). To the extent a reply is deemed necessary, it is denied that Defendants are entitled to any setoff for any amount of liquidated damages and costs. It is denied that Plaintiff s work was required to be completed or corrected by Defendants. 15. Denied. It is denied that Plaintiff seeks to recover money beyond any amounts due under the contract between the Plaintiff and the Defendants and change orders entered into by the Plaintiff and Defendants. On the contrary, the damages Plaintiff seeks to recover constitute amounts properly due and owing Plaintiff under the contract and as modified by change orders in writing, agreed to by the Defendants and required by applicable codes. 16. Denied. Paragraph 16 of Defendants' New Matter contains an unwarranted conclusion of law to which no response is required by this party pursuant to Pa.R.C.P. 1029(d). To the extent a reply is deemed necessary, it is denied that Brian Barber, Stephen Berg and Berg Barber Property Group are not proper parties to this action. On the contrary, the foregoing persons and entity were at various times owners of the subject property during the time that the services were provided and improvements made to the premises by the Plaintiff. In addition, Brian Barber and Stephen Berg purport to be the members or partners of Berg Barber Property Group and Berg Barber Property Group, LLC, neither of which entity is properly registered with the Pennsylvania Department of State or otherwise. Accordingly, Defendants Berg and Barber have no legal authority to act under either the Berg Barber LAW OFFICES SNELBAKER & BRENNEMAN, P.C. Property Group or the Berg Barber Property Group, LLC and are personally liable for all debt and obligations of both entities since neither entity is duly constituted. 17. Denied. Paragraph 17 of Defendants' New Matter contains an unwarranted conclusion of law to which no response is required by this party pursuant to Pa.R.C.P. 1029(d). To the extent a reply is deemed necessary, Plaintiff does have a right of recovery against Brian Barber, Stephen Berg and/or Berg Barber Property Group. 18. Denied. It is denied that Defendants' were justified in withholding any additional payments to Plaintiff as set forth in Plaintiff's Complaint and the Mechanics' Lien Claim filed in this action, the averments of which are incorporated by reference herein. 19. Denied. Paragraph 19 of Defendants' New Matter contains an unwarranted conclusion of law to which no response is required by this party pursuant to Pa.R.C.P. 1029(d). To the extent a response is reply is deemed necessary, Defendants and specifically Defendants Berg and Barger are estopped from claiming any relief or set off in this action or otherwise by operating under purported or sham entities as noted in Paragraph 16, above. 20. Denied. Paragraph 20 Paragraph Defendants' New Matter contains an unwarranted conclusion of law to which no response is required by this party pursuant to Pa.R.C.P. 1029(d). 21. Denied. Paragraph 21 of Defendants' New Matter contains an unwarranted conclusion of law to which no response is required by this party pursuant to Pa.R.C.P. 1029(d). To the extent a reply is deemed necessary, it is denied that Defendants were released from any obligations owed to the Plaintiff. It is further denied that Plaintiff failed to perform the work undertaken by the Plaintiff or that the work performed by Plaintiff was accomplished in an unworkmanlike manner. LAW OFFICES SNELBAKER & BRENNEMAN, P.C. 4 22. Denied. Paragraph 22 of Defendants' New Matter contains an unwarranted conclusion of law to which no response is required by this party pursuant to Pa.R.C.P. 1029(d). WHEREFORE, Plaintiff demands that judgment be entered against Defendants in the amounts set forth in Plaintiff's Complaint, together with interest thereon and costs of this action. SNELBAKER & BRENNEMAN, P. C. BY: Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Date: July 20, 2009 Attorneys for Plaintiff Stoner Contracting Group, LLC LAW OFFICES SNELBAKER & BRENNEMAN, RC VERIFICATION I verify that the statements made in the foregoing Reply to New Matter are true and correct based upon personal knowledge, information and/or belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4909 relating to unsworn falsification to authorities. I verify that I am authorized by Stoner Contracting Group, LLC to execute th4erifi.,,,ti,on on ,its beh ed to r Date: July 20, 2009 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. 6 CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have on the below date, caused a true and correct copy of Plaintiff's Reply to New Matter to be served upon the persons and in the manner indicated below: FIRST CLASS MAIL, POSTAGE PREPAID, ADDRESSED AS FOLLOWS: David A. Baric, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, PA 17013 Keith O. Brenneman, Esquire SNELBAKER & BRENNEMAN, P. C. 44 W. Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff Stoner Contracting Group, LLC Date: July 20, 2009 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. 7 1 LEy?.. OF THE PF O }('-',,TNPY 2009 JUL 20 AM 10: 1 VtJN#D ':i. -rte." PtN)" LVAIM C? PRAECIPE FOR LISTING CASE FOR TRI;K?.9 MAR 28 PN' 2. 2 (Must be typewritten and submitted in tripli"BERLA?,,0 ,J TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: ? for JURY trial at the next term of civil court. Q for trial without a jury. CAPTION OF CASE (entire caption must be stated in full) Stoner Contracting Group, LLC, (other) VS. Brian Barber, Stephen Berg and Berg Barber Property Group, LLC VS. (Plaintiff) (Defendant) The trial list will be called on and Trials commence on Pretrials will be held on (Briefs are due S days before pretrials No. 2008-1152 Indicate the attorney who will try case for the party who files this praecipe: Keith O. Brenneman, Esquire Term Indicate trial counsel for other parties if known: Tricia D. Naylor, Esquire This case is ready for trial. Date: March 28, 2012 Signed: l (?' Print Name: Keith O. Brenneman Attorney for: Plaintiff av'k % 0A5, Ts ck'W 30q I e6l? (check one) Q Civil Action - Law ? Appeal from arbitration STONER CONTRACTING IN THE COURT OF COMMON PLEAS OF GROUP, LLC, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. NO. 2008-1152 CIVIL TERM BRIAN BARBER, : , - STEPHEN BERG, BERG BARBER : CIVIL ACTION-LAW x..: PROPERTY GROUP rn .. ; and BERG BARBER PROPERTY GROUP, LLC, 1 ° Defendants. MOTION TO STRIKE LISTING AND SET DISCOVERY CONFERENCE NOW, comes Defendants, by and through their attorneys, BARIC SCHERER LLC, and files the within Motion and, in support thereof, sets forth the following: 1. On or about February 22, 2008, Plaintiff filed a Mechanic's Lien Claim against Defendants. 2. On or about June 17, 2009, Plaintiff filed a Complaint in support of its Mechanic's Lien Claim. 3. On or about December 9, 2010, Plaintiff's counsel took Defendant, Stephen Berg's deposition. 4. On or about October 12, 2011, Plaintiffs counsel requested dates to take Defendant, Brian Barber's deposition. 5. On or about November 23, 2011, Defendant's counsel made a request to Plaintiff s counsel for dates Plaintiff s principals would be available for depositions. 6. On or about December 21, 2011, Plaintiff's counsel took Defendant, Brian Barber's deposition. 7. On or about January S, 2012, Defendant's counsel was provided with available dates for depositions of Plaintiff's principals. 8. On or about January 31, 2012, Defendants' counsel advised Plaintiff's counsel that Defendants were not available on the dates provided. 9. On or about February 29, 2012, Plaintiff's counsel inquired on the status of scheduling of deposition for Plaintiff's principals. 10. Defendants have been unable to coordinate and schedule dates for which they will be available to attend depositions. 11. On or about March 28, 2012, Plaintiff's counsel listed the above captioned case for trial. 12. Plaintiff's counsel failed to inquire as to whether additional discovery was needed prior to listing the case for trial. 13. Plaintiff's counsel failed to advise Defendants' counsel of his intention to list the case for trial on March 28, 2012. 14. Discovery is not closed in the above captioned case and the case is not ready for trial. WHEREFORE, Defendants respectfully request that the Court grant their Motion to Strike the Listing of the above captioned case for trial and schedule a discovery conference in order to coordinate dates when Defendants and Plaintiff's principals are available to take depositions of Plaintiff's principals and other third parties. Respectfully submitted, BARIC SCHERER LLC Tricia D. Naylor, Esq I.D. # 83760 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Defendants VERIFICATION I verify that the statements made in the foregoing Motion are true and correct to the best of my knowledge, information and belief. This verification is signed by Tricia D. Naylor, Esquire, Attorney for Defendants and is based upon the statements provided by Defendants, as well as documents reviewed by the undersigned as attorney for Defendants. This verification will be substituted and ratified by a verification signed by the Defendants who are presently unavailable to sign said verification. I undersigned that false statements herein are made subject to penalties of 18 Pa.C.S. §4904, relating to unsworn falsifications to authorities. Dated: 3o - / a- CERTIFICATE OF SERVICE I hereby certify that on MarchS6 , 2012, 1 Tricia D. Naylor, Esquire of Baric Scherer LLC, did serve a copy of a Motion to Strike Listing and Set Discovery Conference, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Keith O. Brenneman Snelbaker & Brenneman, P.C. 44 West Main Street Mechanicsburg, PA 17055 Trici D. Naylor, squire STONER CONTRACTING GROUP, LLC, Plaintiff V. BRIAN BARBER, STEPHEN BERG, BERG BARBER PROPERTY GROUP and BERG BARBER PROPERTY GROUP, LLC, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-1152 CIVIL TERM IN RE: MOTION TO STRIKE LISTING AND SET DISCOVERY CONFERENCE ORDER OF COURT AND NOW, this 3rd day of April, 2012, upon consideration of Defendants' Motion To Strike Listing and Set Discovery Conference, it is hereby ordered as follows: 1. A Rule is hereby issued upon Plaintiff to show cause why the relief requested should not be granted; 2. The Plaintiff shall file an answer to the Motion within 20 days of service of this order; 3. The Motion shall be decided under Pa. R.C.P. 206.7; and 4. Notice of the entry of this order shall be provided to all parties by Defendants. BY THE COURT, rr, c.. , Christylee L. Peck, J. Keith O. Brenneman, Esq. 44 West Main Street Mechanicsburg, PA 17055 Attorney for Plaintiff . ti L,. Tricia D. Naylor, Esq. 19 West South Street Carlisle, PA 17013 Attorney for Defendants :rc eop -( t'S M (4,1 fW //////a )ekC STONER CONTRACTING GROUP, LLC, Plaintiff V. BRIAN BARBER, STEPHEN BERG and BERG BARBER PROPERTY GROUP, LLC, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-1152 CIVIL TERM ORDER OF COURT AND NOW, this 19th day of April, 2012, a pretrial conference in the above matter is scheduled for Monday, June 18, 2012, at 11:15 a.m., in chambers of the undersigned judge. Pretrial memoranda shall be submitted by counsel in accordance with C.C.R.P. 212-4, at least five days prior to the pretrial conference. A NONJURY TRIAL in the above matter is scheduled for Friday, July 20, 2012, at 9:30 a.m., in Courtroom No. 5, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, Christylee Peck, J. eith O. Brenneman, Esq. 44 West Main Street c IM P.O. Box 318 --4 m Mechanicsburg, PA 17055 ate' -0mrn Attorney for Plaintiff .<> c o° C? sa• O? ricia D. Naylor, Esq. z c = r; 19 West South Street _ 3>'= a CDMI Carlisle, PA 17013 cn ' Attorney for Defendants C Ad i i ? I ourt m n strator - ',J ?" :rc ES' 'Y a?/? 12 APP 20 AM io: t 2 CUMBERLAND CQ ? STONER CONTRACTING P N?s1 .V L7RT OF COMMON PLEAS OF GROUP, LLC, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 2008-1152 CIVIL TERM V. BRIAN BARBER, STEPHEN BERG, BERG BARBER PROPERTY GROUP and BERG BARBER PROPERTY GROUP, LLC, CIVIL ACTION -LAW Defendants RESPONSE TO MOTION TO STRIKE LISTING AND SET DISCOVERY CONFERENCE Plaintiff Stoner Contracting Group, LLC by its attorneys, Snelbaker & Brenneman, P.C. submits this Response to Defendant's Motion to Strike Listing and Set Discovery Conference in response to this Court's Order of April 3, 2012 as follows: 1. The only discovery engaged in by Defendants in this action was to serve a Request For Production of Documents on September 1, 2009. It was only two years later at the end of 2011 that Defendants indicated any interest in taking the deposition of Plaintiffs representatives. 2. On July 23, 2009 Plaintiff served upon Defendants' counsel a Request For LAW OFFICES SNELBAKER & BRENNEMAN, P.C. Production of Documents and Plaintiffs Interrogatories. After several requests for responses from Defendants' counsel, responses were not forthcoming until April 28, 2010 after notice was given of Plaintiffs counsel's intention to file a motion to compel. Attached hereto and incorporated by reference herein as "Exhibit A" and "Exhibit B" are letters dated February 26, 2010 and April 14, 2010 to Defendant's counsel requesting discovery responses and noting the efforts counsel for Plaintiff went through for purposes of obtaining a response to the Request For Production of Documents and Interrogatories that took almost nine months to receive. 3. On several occasions Plaintiff s counsel wrote to Defendants' counsel requesting the availability of Defendants for purposes of taking depositions. It was not until Plaintiffs counsel served a notice of deposition upon Defendants' counsel unilaterally scheduling the deposition of the Defendants that Defendants cooperated in the scheduling of their depositions. Attached hereto and incorporated by reference herein as "Exhibit U and "Exhibit D" are letters dated June 16, 2010 and October 11, 2010 with respect to Plaintiffs efforts to schedule Defendants' depositions. 4. On October 11, 2011 given that Defendants had taken little initiative in initiating discovery in this case over a two-year period, Plaintiff s counsel wrote to Defendants' counsel requesting that Defendants move forward with completing discovery so that this case could be listed for trial. A true and correct copy of the letter of October 11, 2011 from Plaintiffs counsel to Defendants' counsel is attached hereto and incorporated herein as "Exhibit E". 5. On January 31, 2012 after Plaintiffs counsel provided dates when Plaintiffs representatives were available for deposition, Defendants' counsel advised of the Defendants unavailability and that additional times will be provided when the Defendants will be able to attend Plaintiffs deposition. A true and correct copy of a letter dated January 31, 2012 from Defendants' counsel to Plaintiff s counsel is attached hereto and incorporated by reference herein as "Exhibit F" 6. Almost one month after Defendants' counsel's letter of January 31, 2012, Plaintiffs LAW OFFICES SNELBAKER & BRENNEMAN, P.C. counsel wrote to Defendants' counsel on February 28, 2012 requesting the status of the scheduling of the depositions that Defendants purportedly wanted to take and advising Defendants' counsel of Plaintiffs counsel's intention to list the case for trial. A true and correct -2- copy of the aforementioned letter of February 28, 2012 is attached hereto and incorporated by reference herein as "Exhibit G". 7. Plaintiff s counsel heard nothing from Defendants' counsel in response to the letter of February 28, 2012; accordingly, on March 28, 2012 Plaintiffs counsel listed this matter for trial. 8. Defendants have not been diligent in responding to discovery requests or scheduling depositions in this case. 9. Defendants have ample time to complete their discovery once a trial date is scheduled by this Court. It is not uncommon for parties to complete discovery in preparation for a scheduled trial date. 10. Plaintiff has no objection to this Court promptly scheduling a time period for completion of discovery in this case in conjunction with establishing a trial date. WHEREFORE, Plaintiff requests this Court to establish a schedule for the completion of discovery and also schedule this matter for trial. SNELBAKER & BRENNEMAN, P. C. BY. Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Date: April 20, 2012 Attorneys for Plaintiff Stoner Contracting Group, LLC -3- LAW OFFICES SNELBAKER & BRENNEMAN, P.C. RICHARD C. SNELBAKER KEITH O. BRENNEMAN SNELBAKER 8 BRENNEMAN, P.C. A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 44 WEST MAIN STREET MECHANICSBURG, PENNSYLVANIA 17055 717-697-8528 February 26, 2010 David A. Baric, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, PA. 17013 Re: Stoner Contracting Group, LLC v. Berg/Barber Dear Mr. Baric: P. O. BOX 318 FACSIMILE (717) 697-7681 I am writing to request that you provide responses to the discovery requests that were served upon. you last July. I am in the process of finalizing your discovery requests. I plan on taking depositions of your clients in order to move this case forward. Thank you for your attention. Yours truly, Keith O. Brenneman KOB/sm Enclosure cc: Stoner Contracting Group; LLC EXHIBIT A RICHARD C. SNELBAKER KEITH O. BRENNEMAN SNELBAKER 8 BRENNEMAN, P.C. A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 44 WEST MAIN STREET MECHANICSBURG, PENNSYLVANIA 17055 717-697-8528 April 14, 2010 David A. Baric, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, PA 17013 Re: Stoner Contracting Group, LLC v. Berg/Barber Dear Mr. Baric: P. O. BOX 318 FACSIMILE (717) 697-7681 I wrote to you on February 26, 2010 and placed two telephone calls to your office inquiring as to when I would receive the responses to the discovery requests that were served in July. If I do not hear from you within the next week, I will be filing a motion to compel. Yours truly, Keith O. Brenneman KOB/sm cc: Stoner Contracting Group, LLC EXHIBIT B RICHARD C. SNELBAKER KEITH O. BRENNEMAN SNELBAKER 8 BRENNEMAN, P.C. A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 44 WEST MAIN STREET MECHANICSBURG, PENNSYLVANIA 17055 717-697-8528 June 16, 2010 David A. Baric, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, PA 17013 Re: Stoner Contracting Group, LLC v. Berg /Barber Dear Mr. Baric: P. O. BOX 318 FACSIMILE (717) 697-7681 I write as a follow-up to my last letter to you requesting that you provide me with some dates when your clients would be available have their depositions taken. Kindly respond at your earliest convenience. Very truly yours, Keith O. Brenneman KOB:sks cc: Stoner Contracting Group, LLC )DTI' C RICHARD C. SNELBAKER KEITH O. BRENNEMAN David A. Baric, Esquire 19 West South Street Carlisle, PA 17013 SNELBAKER 8 BRENNEMAN, P.C. A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 44 WEST MAIN STREET MECHANICSBURC, PENNSYLVANIA 17055 717-697-8528 October 11, 2010 Re: Stoner Contracting Group, LLC v. Berg/Barber No. 2008-1152, Cumberland County Dear Mr. Baric: P. O. BOX 318 FACSIMILE (717) 697-7681 Enclosed please find a Notice of Deposition scheduling the deposition of your clients to take place at my office at 9:00 a.m. on November 17, 2010. It had been my preference to schedule their depositions with your input; however, having asked on at least two occasions for times when your clients would be available for a deposition at my office and not hearing from you, I have scheduled the depositions at my convenience. Please give me a call if you should have any questions. Yours truly, Keith O. Brenneman KOB/sm Enclosure cc: Stoner Contracting Group, LLC (w/enclosure) EXHIBIT D RICHARD C. SNELBAKER KEITH O. BRENNEMAN David Baric, Esquire 19 West South Street Carlisle, PA 17013 i SNELBAKER & BRENNEMAN, P.C. A PROFESSIONAL CORPOKA71 ON ATTORNEYS AT LAW 44 WEST MAIN STREET MECHANICSBURG. PENNSYLVANIA 17055 717-697-8528 October 11, 2011 Re: Stoner Contracting, Group, LLC v. Berg and Barber Dear Mr. Baric: P. O. BOX 318 FACSIMILE (717) 697-7681 Kindly advise me of dates when Mr. Barber will be available to have his deposition taken at my office. Please move forward with completing discovery in terms of any depositions that you would like to take so we can have this matter listed for trial. I thank you for your assistance. Yours truly, Keith O. Bremieman KOB/sm CC: Stoner Contracting Group, LLC EXHIBTT E 01,131/2012 17:17 7172495755 OBS SARK Attomeys at Law SCHERER LLC David A Baric Michael A. Scherer Tricia D. Naylor Bret P. Shaifur VIA FACSIMILE ONLY TO: (717) 697-7681 Keith 0. Brenneman. 1.5 North Hanover Street Carlisle, Permsylvania 17013 19 West South St-eet Carlisle, Pennsylvania 17013 (717) 249-6873 (717) 249-5755 - Fax tnaylor@baricscberer.cozn January 31, 2012 RE: Stoner Contractin Grou Inc. v. Barber et al. Dear Keith- PAGE 01 Thank you for providing the dates that your client's were available for depositions. Unfortunately, my clients have been out of town and this week will not work for scbeduling of depositions. I have asked my clients fbr additional times when they will be available to attend the depositions. Once I, have those dates, I will provide them to you. Very truly yours, BARIC SCHERER Tricia D. Naylor, Esqu" e TDNlar Enc. cc: File tdn.dir/litigation/bergbarber/brennemo n2.ltr JXIIBTT F SNELBAKER 8 BRENNEMAN, P.C. A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 44 WEST MAIN STREET MECHANICSBURG, PENNSYLVANIA 17055 RICHARD C. SNELBAKER KEITH O. BRENNEMAN Tricia D. Naylor, Esquire Baric Scherer, LLC 19 West South Street Carlisle, PA 17013 717-697-8528 P. O. BOX 318 FACSIMILE (717) 697-7681 February 28, 2012 Re: Stoner Contracting Group, Inc. v. Barber, et al. Dear Tricia: Please advise of the status of the scheduling of the depositions. We are now four weeks out from your letter to me of January 31, 2012. I want to get the depositions scheduled so I can list this case for trial. I thank you for your attention. KOB/sm CC: Stoner Contracting Group, Inc. Yours truly, Keith O. Brenneman =1T G CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date, caused a true and correct copy of the foregoing Response to Motion to be served upon the person and in the manner indicated below: FIRST CLASS MAIL POSTAGE PREPAID ADDRESSED AS FOLLOWS: Tricia D. Naylor, Esquire Baric Scherer, LLC 19 West South Street Carlisle, PA 17013 SNELBAKER & BRENNEMAN, P.C. By: - Keith O. Brenneman, Esquire 44 W. Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717)697-8528 Date: April 20, 2012 Attorneys for Plaintiff Stoner Contracting Group, LLC LAW OFFICES SNELBAKER & BRENNEMAN, P.C. PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for Argument Court.) -1 ---------------------------------------------- n CAPTION OF CASE (entire caption must be stated in full) STONER CONTRACTING GROUP, Plaintiff BRIAN BARBER, STIPHEN BERG, BERG BARBER PROPERTY GROUP and BERG BARBER PROPERTY GROUP, LLC, Defendants CD b --a neir N ? nY ON W N 4T 1 No. 2008-1152 Civil Term 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Defendants' Motion To Strike Listing 2. Identify all counsel who will argue cases: (a) for plaintiffs: Keith 0. Brenneman, Esquire (Name and Address) 44 West Main Street, Mechanicsburg, PA 17055 (b) for defendants: Tricia D. Naylor, Esquire (Name and Address) 19 West South Street, Carlisle, PA 17013 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: June 1, 2012 wgn?ture Tricia D. Na , Esquire Print your name Defendants Date: April 26, 2012 Attorney for r' ?E 4' --f ' C INSTRUCTIONS: 1. Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 14 days prior to argument. 3. The responding party shall file their brief 7 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. _ +jj C-7W7 i2 Z STONER CONTRACTING GROUP, LLC, Plaintiff V. BRIAN BARBER, STEPHEN BERG, BERG BARBER PROPERTY GROUP and BERG BARBER PROPERTY GROUP, LLC, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 08-1152 CIVIL TERM IN RE: MOTION TO STRIKE LISTING AND SET DISCOVERY CONFERENCE ORDER OF COURT AND NOW, this 9fl' day of May, 2012, upon consideration of Defendants' Motion To Strike Listing and Set Discovery Conference, and Plaintiff's Response to Motion To Strike Listing and Set Discovery Conference, it is hereby ordered as follows: A telephone conference is scheduled for Thursday, May 24, 2012, at 10:00 a.m. Counsel shall present a proposed discovery deadline and shall present argument c-- r.,, m regarding the Motion To Strike Listing. Counsel shall have available a schedule dis r? w for which they will be able to attend depositions. The Court will set a discoverade and will decide the Motion To Strike Listing at that time. c? -L= BY THE COURT, -10 . Christylee . Peck, J. /Keith O. Brenneman, Esq. 44 West Main Street Mechanicsburg, PA 17055 Attorney for Plaintiff r-- c3 , r;; Tricia D. Naylor, Esq. 19 West South Street Carlisle, PA 17013 Attorney for Defendants rc Lrp', &s WK:l-e0( 5lgllg Az--e- STONER CONTRACTING GROUP, LLC, Plaintiff V. BRIAN BARBER, STEPHEN BERG and BERG BARBER PROPERTY GROUP, LLC, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 08-1152 CIVIL TERM ORDER OF COURT AND NOW, this 24th day of May, 2012, upon consideration of the Motion To Strike Listing and Set Discovery Conference, and following a telephone conference with Keith O. Brenneman, Esq., attorney for Plaintiff, and Tricia D. Naylor, Esq., attorney for Defendant, and upon agreement of counsel, the pretrial conference scheduled for June 18, 2012, and the nonjury trial scheduled for July 20, 2012, are cancelled, and it is hereby ordered and directed as follows: 1. Discovery by both parties shall be completed by July 31, 2012; 2. A pretrial conference is scheduled for Wednesday, August 29, 2012, at 9:30 a.m., in chambers of the undersigned judge. Pretrial memoranda shall be submitted by counsel in accordance with C.C.R.P. 212-4, at least five days prior to the pretrial conference; and 3. The nonjury trial in the above matter is scheduled for Thursday, September 13, 2012, at 9:30 a.m., in Courtroom No. 5, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, Christylee . Peck, J. ?Keith O. Brenneman, Esq.' 44 West Main Street P.O. Box 318 -fl ' z Mechanicsburg, PA 17055 Attorney for Plaintiff °' Tricia D. Naylor, Esq. 19 West South Street Carlisle, PA 17013 Attorney for Defendants / Court Administrator :rc?®?;c ?C STONER CONTRACTING GROUP, LLC, Plaintiff, V. BRIAN BARBER, STEPHEN BERG, BERG BARBER : PROPERTY GROUP and BERG BARBER PROPERTY GROUP, LLC, : Defendants. CON?6 cj'?- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-1152 CIVIL TERM CIVIL ACTION-LAW PRAECIPE TO WITHDRAW Please withdraw the above-captioned matter from the argument scheduled for Friday, June 1, 2012. Respectfully submitted, BARIC SCHERER LLC Date: May 24, 2012 Tri ja D. Naylor, Es ire -"-, 19 West South Stree Carlisle, Pennsylvania 17013 (717) 249-6873 CERTIFICATE OF SERVICE I hereby certify that on May 25, 2012, I Tricia D. Naylor, Esquire of Baric Scherer LLC, did serve a copy of a Praecipe to Withdraw, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Keith O. Brenneman Snelbaker & Brenneman, P.C. 44 West Main Street Mechanicsburg, PA 17055 STONER CONTRACTING IN THE COURT OF COMMON PLEAS OF GROUP, LLC, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : V. CIVIL ACTION - LAW BRIAN BARBER, STEPHEN BERG and BERG BARBER PROPERTY GROUP, LLC, Defendants NO. 08-1152 CIVIL TERM AMENDED ORDER OF COURT AND NOW, this 30th day of May, 2012, the prior order of court entered in the above matter on May 24, 2012, is hereby amended to reflect that the correct date of the pretrial conference is Monday, August 27, 2012, at 9:30 a.m., in chambers of the undersigned judge. In all other respects, the prior Order of Court shall remain in full force and effect. BY THE COURT, Christylee L. Peck, J. i • Keith O. Brenneman, Esq. <73 .. , :-rte 44 West Main Street P.O. Box 318 ` ' Mechanicsburg, PA 17055 Attorney for Plaintiff =- c`a ? Tricia D. Naylor, Esq. 19 West South Street Carlisle, PA 17013 Attorney for Defendants ? Court Administrator :rc ??te-5 rti4,7ca sl3/1?, ?G STONER CONTRACTING IN THE COURT OF COMMON PLEAS OF GROUP, LLC, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CIVIL ACTION - LAW BRIAN BARBER, STEPHEN BERG and BERG BARBER PROPERTY GROUP, LLC, Defendants NO. 08-1152 CIVIL TERM IN RE: NONJURY TRIAL ORDER OF COURT AND NOW, this 14'h day of June, 2012, upon agreement of counsel, the nonjury trial previously scheduled for September 13, 2012, is rescheduled to Thursday, September 27, 2012, at 9:30 a.m., in Courtroom No. 5, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, Christylee L. Peck, J. Keith O. Brenneman, Esq. 44 West Main Street n P.O. Box 318 ; -+ Mechanicsburg, PA 17055 Attorney for Plaintiff Tricia D. Naylor, Esq. 1 C-: 19 West South Street w r°r' Carlisle, PA 17013 Attorney for Defendants - `' Court Administrator :rC 9 yes r ?LO? G11y//j Ae-(- SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor OFFICE OF THE. SHERIFF 2a12 AUG -1 AM 9: 02 f,UPENNSYLVA A Stoner Contracting Group, LLC vs. Brian Barber (et al.) Case Number 2008-1152 SHERIFF'S RETURN OF SERVICE 07/02/2012 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent sear and inquiry for the within named defendant, to wit: Brian Swett, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of York County, Pennsylvania to serve the within Subpoe according to law. 07/11/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent se, and inquiry for the within named defendant to wit: Brian Swett, but was unable to locate him in his bailiwick. He therefore returns the within Subpoena as not found as to the defendant Brian Swett. Request for service at 450 Fairway Drive, Camp Hill, Pennsylvania 17011 the Defendant was not foun Deputies were advised, the current resident of this address has resided here for over five years. 07/16/2012 05:19 PM - York County Return: And now July 16, 2012 at 1719 hours I, Richard P. Keuerleber, Sheri of York County, Pennsylvania, do hereby certify and return that I served a true copy of the within Subpoena, upon the within named defendant, to wit: Brian Swett by making known unto himself personally, at 28 Ross Avenue, New Cumberland, Pennsylvania 17070 its contents and at the same time handing to hi personally the said true and correct copy of the same. SHERIFF COST: $73.45 SO ANSWERS, August 03, 2012 N R ANDERSON, SHERIFF (c) CountySuite Sheriff. Teleosoft, Inc. SHERIFF'S OFFICE OF YORK COUNTY Richard P Keuerleber PETER J. MANGAN, ESQ. Sheriff Solicitor Reuben B Zeager Richard E Rice, II Chief Deputy, Operations Chief Deputy, Ad inistration STONER CONTRACTING GROUP, LLC Case Number vs. 2008-1152 CIVIL BRIAN BARBER, STEPHEN BERG, BERG BARBER PROPERTY GROUP and BERG BARBER PROPE (et al.) SHERIFF'S RETURN OF SERVICE 07/16/2012 05:19 PM - DEPUTY HOLLY RODE, BEING DULY SWORN ACCORDING TO LAW, SERVED THE REQUESTED SUBPOENA TO ATTEND AND TESTIFY FOR DISCOVERY PURSUANT TO RULE 23t.1 BY "PERSONALLY" HANDING A TRUE COPY TO A PERSON REPRESENTING THEMSELVES TO 13E THE DEFENDANT, TO WIT: BRIAN SWETTAT 28 ROSS AVENUE, NEW CUMBERLAND, PA 1707C. luJ?# ROLL' SHERIFF COST: $125.14 July 30, 2012 P KEUERLEBER, SH COMMONWEALTH OF PENNSYLVANIA Notaft Seel Shelia E. Cook, Nodey Public SWkrpetbbury Twp., York Courtly CdtxrbWm Ejq*n Feb. 1, 2019 Member, PwwwOvwb AssocWw of Notaries ---- - --- -- - - - - - - - - ---- --- ---------------------------- --- - - - .- ---------- NOTARY ? Affirmed and subscribed to before me this / A 30TH day of JULY 2012 (rj CountySwte Sheriff. Teleosoft Irc STONER CONTRACTING GROUP, LLC, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BRIAN BARBER, STEPHEN BERG and BERG BARBER PROPERTY GROUP, LLC, Defendants NO. 08-1152 CIVIL TERM IN RE: NONJURY TRIAL ORDER OF COURT AND NOW, this 21St day of August, 2012, due to a conflict in the Court's scheduled the nonjury trial previously scheduled for September 27, 2012, is rescheduled to Thursday, October 25, 2012, at 9:30 a.m., in Courtroom No. 5, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, 52 Chris ee L. Peck J. =- rr; Keith O.IBrenneman, Esq. r= ?' 'As -` 44 West Main Street P.O. Box 318 Mechanijcsburg, PA 17055= Attorney for Plaintiff -_, LAS Tricia D„' Naylor, Esq. 19 West (South Street Carlisle,',PA 17013 Attorney for Defendants Court Administrator Ae` - . _ - _ _ _. ,_ STONER CONTRACTING IN THE COURT OF COMMON PLEAS OF GROUP, LLC, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : v. CIVIL ACTION -LAW BRIAN BARBER, STEPHEN BERG and BERG BARBER PROPERTY GROUP, LLC, Defendants N0.08-1152 CIVIL TERM IN RE: PRETRIAL CONFERENCE ORDER OF COURT AND NOW, this 27`~ day of August, 2012, following a pretrial conference t which Keith O. Brenneman, Esq., represented the Plaintiff, and Tricia D. Naylor, Es ., represented the Defendant. Both counsel indicated to the Court there were o outstanding issues and this matter is ready for trial, scheduled for September 13, 201 This nonjury trial is expected to day one day and is not expected to settle at this time. BY THE COURT, r ~ ~~'-c~ Christylee L. Peck, J. Keith O. Brenneman, Esq. 44 West Main Street P.O. Box 318 Mechanicsburg, PA 17055 Attorney for Plaintiff c7 ~°' N a -.,,f -~ /Tricia D. Naylor, Esq. 19 West South Street Carlisle, PA 17013 Attorney for Defendants ~~ a s _~ _T STONER CONTRACTING GROUP, LLC, Plaintiff v. BRIAN BARBER, STEPHEN BERG and BERG BARBER PROPERTY GROUP, LLC, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0.08-1152 CIVIL TERM IN RE: PRETRIAL CONFERENCE AMENDED ORDER OF COURT AND NOW, this 30~' day of August, 2012, the prior order of court dated Aul 27, 2012, in the above matter, is hereby amended to reflect the correct date of the nonj trial as Thursday, October 25, 2012, at 9:30 a.m., in Courtroom No. 5, County Courthouse, Carlisle, Pennsylvania. BY TIC COURT, /Keith O. Brenneman, Esq. 44 West Main Street P.O. Box 318 Mechanicsburg, PA 17055 Attorney for Plaintiff /Tricia D. Naylor, Esq. 19 West South Street Carlisle, PA 17013 Attorney for Defendants :~ ~, Christylee .Peck, J. w ~ o c~ .~ z ~ a :rc ~ .es ~.,~;l~d ~J3D~a _"~ ~~~ ..~~ STONER CONTRACTING IN THE COURT OF COMMON PLEAS GROUP, LLC, Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA ~J CIVIL ACTION - LAW BRIAN :BARBER, STEPHEN BERG, BERG BARBER PROPERTY GROLJP and BERG BARBER PROPERTY GROUP, LLC., . Defendants 2008-1152 CIVIL TERM IN RE: NON-JURY TRIAL ORDER OF COURT AND NOW, this 25th day of October, 2012, after having had a hearing :in this matter, and the Plaintiff having been represE~nted by Keith O. Brenneman, Esquire, and Defendants having been represented by Tricia D. Naylor, Esquire, the evidence is deemed closed. This matter is taken under advisement. By the Court, ~/ Keith C. Brenneman, Esquire 44 West Main Street Mechanicsburg, PA 17055 For the Plaintiff / Tricia D. Naylor, Esquire 19 West South Street Carlisle, PA 17013 For the Defendants pcb ~~Opi eS ~2, ~~i~ /! f ~f/~ /z/GL _ r l ~~_. cL Christylee L. Peck, J. ~ ~ ~ ~ ry -.- 9 fY'i ~ ~ mi ~ ry fn_ ~ ~, r" V ~ C- .~ ~ N ~ ~ ,. ...t ~ . ca STONER CONTRACTING IN 'THE COURT OF COMMON PLEAS OF GROUP, LLC, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff ~'~ CIVIL ACTION -LAW BRIAN BARBER, STEPHEN : BERG and BERG BARBER PROPERT'i' GROUP, LLC, Defendants NO.. 08-1152 CIVIL TERM IN RI?: VERDICT ORDER OF COURT ANIa NOW, this 7th day of November, 2012, after a nonjury trial having been heard by this Court on October 25, 2012, the Court hereby finds in f-avor ol~ the Plaintiff in the amount of $5,133.66. The Court notes that this amount represents the difference between they Plaintiff's amended claim of $21,0(10.42 and the offset amount the Court found the Defendants are entitled to of $15,866.76. BY THE COURT, r,, -, s r ~,~~~, Christyle~ck, J. ~ Keith O. Brenneman, Esq. 44 West Main Street P.O. Box 318 Mechanicsburg, PA 17055 Attorney for Plaintiff /Tricia D. Naylor, Esq. 19 West South Street Carlisle, PA 17013 Attorney for :Defendants rc ~,~'S /HGt , ~C~ ///7/~a ~~ :r `~ ~ ~ ~1C7 .-e` x'.. 1 ~r ~ r . te -: ~~ -~: "4Y ; .F ~ ~. + ~Y - ~ _i../1 ___. .~ . ,.. , ... - --, ~~