HomeMy WebLinkAbout11-7757COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
Judicial District, County Of Cumberland
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT .
COMMON PLEAS No.
NOTICE OF APPEAL
Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on
the date and in the case referenced below.
1126 Cocklin Street
Mechanicsburg
PA 17055
DATE OF JUDGMENT IN THE CASE OF (Plaintiff) (DefendarX)-
9/16/2011 Bitner Brothers Construction, Inr,. Stan Bohenick
MJ-09305-CV-0000244-2011
This block will be signed ONLY when this notation is required under Pa.
R.C.P.D.J. No. 10088.
This Notice of Appeal, when received by the District Justice, will operate as a
SUPERSEDEAS to the judgment for possession in this case.
Signature of Prothonotary or Deputy
Keith 0. Brenneman, Esquire
If appellant was Claimant (see Pa. R.C.P.D.J. No.
before a District Justice, A COMPLAINT MUST BE FILED within twenty
(20) days after riling the NOTICE of APPEAL.
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF
NOT USED, detach from copy of notice of appeal to be served upon appellee.
PRAECIPE: To Prothonotary
Enter rule upon Bitner Brothers Construction, Inc, appellee(s), to file a complaint in this appeal
Narw of appellee(s)
(Common Pleas No. U_ '275-7 (.lam ) within twenty (20) days after service of rule or suffer entry of judgment of non pros.
Signature of appellant or attorney or agent
RULE: To appellee(s)
Bi nP Broth c; ConGt uction, Tnr
Name of appellee(s)
(1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service
of this rule upon you by personal service or by certified or registered mail.
(2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of the mailing.
(77?)_aa
Date: 1,3 , 20J/
ignature of Prothonotary or Deputy
YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
AOPC 312-02
Mark Martin
WHITE -COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW - APPELLANT'S COPY
PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ; ss
AFFIDAVIT: I hereby (swear) (affirm) that I served
? a copy of the Notice of Appeal, Common Pleas , upon the District Justice designated therein on
(date of service) 20 , ? by personal service ? by (certified) (registered) mail,
sender's receipt attached hereto, and upon the appellee, (name) _ on
20 ? by personal service ? by (certified) (registered) mail,
sender's receipt attached hereto.
(SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS DAY OF - '20
Signature of official before whom affidavit was made
Title of official
My commission expires on
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Signature of affiant
COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil
COUNTY OF CUMBERLAND Case
Mag. Dist. No: MDJ-09-3-05
MDJ Name: Honorable Mark Martin
Address: 507 North York Street
Mechanicsburg, PA 17055
I Telephone: 717-766-4575
Stan Bohenick
1126 Cocklin Street
Mechanicsburg, PA 17055
Bitner Brothers Construction Inc.
V. q1t, C. A-?OV,44
Stan Bohenick 1•s?t ?N ?7c:
Docket No: MJ-09305-CV-0000244-2011
Case Filed: 7/29/2011
Disposition Summary Plaintiff Defendant Disposition Disposition Date
Docket No ?_ Judgment for Plaintiff 09/16/2011
MJ-09305-CV-0000244-2011 Bitner Brothers Construction Inc. Stan Bohenick 09/16/2011
MJ-09305-CV-0000265-2011 Stan Bohenick Bitner Brothers Construction Inc. Judgment for Plaintiff
Judgment Summary
Participant Joint/Several Liability Individual Liability
Bitner Brothers Construction Inc. $0.00 $762.56
Stan Bohenick $0.00 $5,060.53
Judgment Detail (•PostJudgment)
In the matter of Bitner Brothers Construction Inc. vs. Stan
judgment was awarded as follows:
Judgment Component Joint/Several Liability
Filing Fees $0.00
Civil Judgment $0.00
Amount
$762.56
$5,060.53
Bohenick on 9/16/2011 the disposition is Judgment for Plaintiff and
Individual Liability Deposit Applied Amount
$153.00 $153.00
$4,907.53 $4,907.53
Grand Total: :05,uou.0s
In the matter of Stan Bohenick vs. Bitner Brothers Construction Inc. on 9/16/2011 the disposition is Judgment for Plaintiff and
judgment was awarded as follows:
Judament Component Joint/Several Liability Individual Liability Deposit Applied Amount
Filing Fees $0.00 $35.50 $35.50
$727.06
Civil Judgment $0.00 $727.06
Grand Total: $762.56
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH
THE PROTHONOTARY/CLERK OF COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF
JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT
HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE
COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE.
UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A
REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES,
OR OTHERWISE COMPLIES WITH THE JUDGMENT.
`u, t p^A
Date Magisterial District Judge Mark Martin t"
MDJS 315 Page 1 of 3 Printed: 09/16/2011 10:25:58AM
"Bitner Brothers Construction Inc. Docket No.: MJ-09305-CV-0000244-2011
V.
Stan Bohenick
y that this is a true an correct copy o the record of tF e procee ings containing t e iu gment.
Date Magisterial District Judge Mark Martin
MDJS 315 Page 2 of 3 Printed: 09116/2011 10:25:58AM
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PROOF OF SERVICE OF NOTICE OFAPPEAL AND RULE TO FILE COMPLAINT
(This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF & M-SCrAAAAfQ ; ss
AFFIDAVIT: I hereby (swear) (affirm) that I served
a copy of the Notice of Appeal, Common Pleas t1- 77S7, upon the District Justice designated therein on
(date of service) 0##*K /y , 20=l.-' ? by personal service Eby (certified) (registered) mail,
sender's receipt attached hereto, and upon the appellee, (name) ?Ip,?pZ11 r ??dhuerfiiw on
&4?P14 1Y, 20 /f ? by personal service LIT by (certified)_(registered) mail,
sender's receipt attached hereto. '?-
(SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS >A DAY OF OG+l?shtn 20 ff
Signature of official befo whom affidavit was made
Tide of official
My commission expires on r1,(Xra 64 _2 120A_.
Tai 0 PE
M?? Noi?.r? 1911
Member, Pennsylvania Aacogetlan of "ahdee
Signature of afftant
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COURT OF COMMON PLEAS
Judicial DisVict, County Of Cumberland
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
i
COMMON PLEAS No.
NOTICE OF APPEAL
Notice is given that the appellant has,filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on
the date and in the case referenced below.
Stan Bohen ck 09-3-05 ! Mark Martin
--1I21ti `Ce l li n Street MechL 4L sni.csbur "^1PA 10f9/iii 2021 itner rc t erg Cons tsz= Ali, ire, Stan $ohenic
„s
MJ-09305-CV-0000244-2011
This block will be signed ONLY when this notation is reed under Pa.
R.C.P.D.J. No. 10088.
This Notice of Appeal, when received by the District Justice, will operate as a
SUPERSEDEAS to the judgment for possession in this case.
Keith 0. Brenneman, Esquire
If aAWAsnt was Claimant 14" Pa. R,C 1
before a District Justice, A COMPLAINT MUST BE FILED within twenty
(20) days after ftV the NOTICE of APPEAL.
SO ofPMV-4tvyorDWdy
PRAECiPE TO ENTER RULE TO ME COMPLAINT AMC RULE TO FILE
(This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R,C.P.D.J. No. 1001(7) in action before District Justice. IF
NOT USED, detach from copy of notice of appeal to be seared upon appellee.
PRAECIPE: To Prothonotary
Enter rule upon Bitner. Brothers Construction, Inc. appellee(s), to file a complaint in this appeal
-°? Nam6 of s)
(Common Pleas No. 1 W ' 7 75/ CkVAI ) within twenty (20) days after service of rule or suffer entry of judgment of non pros.
STOW" of 80000W or avomey - agent
RULE: To Bitner Brothers Construction, Inc. , appellee(s)
Name of appaAsa(s)
(1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal wittun t" 1 ?9) er the date of service
of this rule upon,you by personal service or by ced fled or registered mail
(2) if you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE s ? 1'iPi?yt = ;
(3) The date of service of this rule if service was by mail is the date of the mailing.
Date: ) ? 20//
of PiotAo wy orDeputy
YOU MUST INCLUDE A COPY OF THE 1140-TICE OF Jtt0GMENT/TRAN8,,CPJPT FORlt`llltfTH'T+0S N0TlCE OF APPEAL.
AOPC 312-02
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arlisle, PA 17013
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CUMBERLAND "GUNNY
RENNSYLVAN,A
Keith O. Brenneman, Esquire
Snelbaker & Brenneman, P.C.
44 West Main Street
Mechanicsburg, PA 17055
(717) 697-8528
Attorneys for Defendants Stanley Bohenick and Arlene Bohenick
BITNER BROTHERS CONSTRUCTION, IN THE COURT OF COMMON PLEAS OF
INC., CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V.
NO. 201 t-7757
STANLEY BOHENICK and ARLENE
BOHENICK,
Defendants
: CIVIL ACTION -LAW
BREACH OF CONTRACT
NOTICE TO PLEAD
: Bitner Brothers Construction, Inc., Plaintiff
and
Daniel Pollock, Esquire
801 Sand Bank Road #18
Mount Holly Springs, PA 17065
You are hereby notified that you have twenty (20) days in which to plead to the enclosed
ew Matter or a Default Judgment may be entered against you.
SNELBAKER & BRENNEMAN, P. C.
LAW OFFICES
SNELBAKER &
BRENNEMAN, P.C.
By:
Keith O. Brenneman, Esquire
44 West Main Street
Mechanicsburg, PA 17055
November 22, 2011 (717) 697-8528
Attorneys for Defendants Stanley Bohenick and and
Arlene Bohenick
Leith O. Brenneman, Esquire
3nelbaker & Brenneman, P.C.
14 West Main Street
vlechanicsburg, PA 17055
;717) 697-8528
kttorneys for Defendants Stanley Bohenick and Arlene Bohenick
3ITNER BROTHERS CONSTRUCTION, IN THE COURT OF COMMON PLEAS OF
NC., CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V.
>TANLEY BOHENICK and ARLENE
30HENICK,
NO. 2011-7757
CIVIL ACTION -LAW
Defendants
BREACH OF CONTRACT
ANSWER WITH NEW MATTER
Stanley Bohenick and Arlene Bohenick, by their attorneys, Snelbaker & Brenneman,
'. C., submit this Answer With New Matter to Plaintiffs Complaint as follows:
A ATV'IVED
1. Admitted.
2. Admitted.
3. Denied. It is denied that on or about April 4, 2011 Defendants entered into a contract
(with Plaintiff as alleged. On the contrary, Defendants entered into a contract with an entity
identified as Bitner Brothers Construction, LLC. Defendants did not know of Plaintiff Bitner
LAW OFFICES
SNELBAKER & Brothers Construction, Inc. until Plaintiff brought suit against Defendant Stanley Bohenick. By
BRENNEMAN, P.C.
way of further answer, Paragraph 3 of Plaintiffs Complaint should be stricken as failing to
comply with both PA.R.C.P. 1019(h) and Pa.R.C.R. 1019(i).
4. Admitted, with the qualification that the amount of $6,741.00 was noted in an
addendum entered into between a "Bitner Brothers Remodeling", not Plaintiff or Bitner Brothers
Construction, LLC.
5. Denied. It is denied to the extent it is implied or expressed that Paragraph 5 sets forth
any payment schedule to Plaintiff. On the contrary, no payments were made to Plaintiff for the
set forth in New Matter, the averments of which are incorporated by reference herein.
6. It is admitted only that the addendum entered into by Defendants and "Bitner Brothers
Remodeling" provided for two separate payments.
7. Denied. It is denied that there were any verbal change orders with Plaintiff or
lotherwise. By way of further response, the contract that Defendant had for the work to be
performed expressly provided that any deviations involving additional costs will be executed
only upon a written order for same. (See Exhibit A hereto)
8. Denied. It is specifically denied that Defendants informed Plaintiff that Plaintiff or
LAW OFFICES
SNELBAKER &
BRENNEMAN, P.C.
Plaintiffs representatives were no longer welcome on the property. It is also denied that
Defendants informed Plaintiff or Plaintiffs representatives that Defendants had decided to hire
Bob Lehman. On the contrary, Mr. Bitner on July 7, 2011 gave direction to the Defendants to
pay Mr. Lehman, Mr. Bitner's subcontractor, directly for the work Mr. Lehman had done up to
that point and advised Defendants that if they wanted their kitchen finished, Defendants needed
to pay Mr. Lehman directly to finish the job, in response to which Mr. Bohenick advised Mr.
Bitner that Mr. Bitner would not be released from obligations under the contract and the
Bohenicks would not be responsible for any cost overruns.
2
9. Denied. It is denied that Defendants owe Plaintiff any amounts for the reasons set
forth in New Matter, the averments of which are incorporated by reference herein.
10. The averments of Paragraphs 1 through 9 are incorporated by reference herein.
11. Denied. It is denied that prior to July 11, 2011, Defendants had contracted with Mr.
Lehman to finish the job they had contracted with Plaintiff to perform. The averments of
Paragraphs 3 and 8, above, are incorporated by reference herein.
12. Admitted in part; denied in part. It is admitted only that Mr. Lehman was a
subcontractor that performed work on the project in Defendants' kitchen. It is denied that Mr.
Lehman was a subcontractor for Plaintiff for completion of the kitchen for the reasons set forth
in Paragraph 8, the averments of which Paragraph are incorporated by reference herein.
13. Denied. It is denied that Defendants entered into any contract with Mr. Lehman in
to avoid payment for materials and services. On the contrary, Defendants dealt with Mr.
Lehman directly at the specific direction of Mr. Bitner as noted in Paragraph 8, above, the
averments of which are incorporated by reference herein.
14. The averments of Paragraphs 1 through 13 are incorporated by reference herein.
15. Denied. It is denied that Defendants entered into any contract with Plaintiff for the
set forth in Paragraph 3 and 4 above and as averred in New Matter, the averments of
which are incorporated by reference herein.
16. Denied. Paragraph 7 of this Answer is incorporated by reference herein.
17. Denied. Defendants have paid in excess of $19,000 for work done with respect to
their kitchen.
18. Denied. Paragraph 18 of Plaintiffs Complaint contains an unwarranted conclusion
LAW OFFICES
SNELBAKER &
BRENNEMAN, P.C.
law to which no response is required by the Defendants; accordingly, same is deemed to be
3
denied. By way of further response, the averments of Defendants' New Matter are incorporated
by reference herein.
WHEREFORE, Defendants request this Court to enter judgment in their favor and
against Plaintiff and to dismiss Plaintiffs Complaint with prejudice.
NEW MATTER
19. On or about April 4, 2011, Defendants entered into a Contractor Agreement with
Bitner Brothers Construction, LLC. A true and correct copy of the Contractor Agreement (the
"Agreement") is attached hereto and incorporated by reference herein as "Exhibit A".
20. On or about April 26, 2011, Defendants entered into a Contractor Addendum
agreement with Bitner Brothers Remodeling. A true and correct copy of the Contractor
Addendum (the "Addendum") is attached hereto and incorporated by reference herein as "Exhibit
B".
21. Bitner Brothers Remodeling is a filed fictitious name owned by Charles H. Bitner, Jr.
22. Bitner Brothers Construction, LLC has no certificate of registration or a registration
number assigned by the Pennsylvania Bureau of Consumer Protection.
23. Charles H. Bitner, Jr., doing business as Bitner Brothers Remodeling, has no
I certificate of registration or a registration number assigned by the Pennsylvania Bureau of
Consumer Protection.
24. Plaintiff has a certificate of registration or a registration number of PA017457 (the
"Registration Number") assigned by the Pennsylvania Bureau of Consumer Protection.
25. Plaintiff used and/or allowed the use of its Registration Number on the Agreement.
LAW OFFICES
SNELBAKER &
BRENNEMAN. P.C.
26. Plaintiff used and/or allowed the use of its Registration Number on the Addendum.
4
27. Neither the Agreement nor the Addendum was signed by Plaintiff.
28. Bitner Brothers Construction LLC is not registered with the Pennsylvania
of State.
29. Both Bitner Brother Construction LLC and Charles H. Bitner, Jr. held themselves out
as contractors registered with the Bureau of Consumer Protection.
30. Defendants made the first payment of $2,424.00 under the Contract by check to
Bitner Brothers Construction, LLC.
31. The Agreement and addendum fail to include a notice of right of rescission.
32. Mr. Bitner specifically authorized and directed Defendants to pay Mr. Lehman.
33. Mr. Bitner specifically informed Defendants if they wanted the kitchen project
completed, they needed to pay Mr. Lehman to finish the job.
34. Mr. Bitner specifically told Defendants that instead of paying the last two draws
the Contract and Addendum, Defendants were to pay Mr. Lehman directly.
35. Mr. Bitner specifically authorized the use of his account at Conestoga Tile.
36. Defendants were not aware that Plaintiff had or claimed any involvement in the
project or the Contract and Addendum until Plaintiff initiated legal action.
37. The Contract and Addendum was never assigned by Bitner Brothers Construction,
C or Mr. Bitner.
38. So far, Defendants have expended more than $19,000 with respect to the kitchen
ect.
39. For the reasons set forth above, Plaintiff has no standing to pursue this action.
40. For the reasons set forth above, Plaintiff is not a real party in interest.
LAW OFFICES
SNELBAKER 8C
BRENNEMAN, P.C.
41. For the reasons set forth above, Plaintiff may not maintain this action.
5
42. Plaintiffs Complaint fails to set forth any claim or cause of action upon which relief
be granted.
43. For the reasons specified above, Plaintiffs action is barred by estoppel.
44. For the reasons specified above, Plaintiffs actions and this lawsuit are fraudulent.
45. For the reasons specified above, Plaintiff has violated the Home Improvement
Consumer Protection Act.
46. For the reasons specified above, Plaintiff has violated the Pennsylvania Uniform
Trade Practices and Consumer Protection Law.
WHEREFORE, Defendants request this Court to enter judgment in their favor and
against Plaintiff and to dismiss Plaintiffs Complaint with prejudice.
SNELBAKER & BRENNEMAN, P. C.
By.??
Keith O. Brenneman, Esquire
44 W. Main Street
Mechanicsburg, PA 17055
(717) 697-8528
Attorneys for Defendants Stanley Bohenick
and Arlene Bohenick
November 22, 2011
LAW OFFICES
SNELBAKER &
BRENNEMAN, P.C.
6
VERIFICATION
I verify that the statements made in the foregoing Answer With New Matter are true and
correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
4904 relating to unsworn falsification to authorities.
November 22, 2011
VERIFICATION
I verify that the statements made in the foregoing Answer With New Matter are true and
correct. 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.
fA
Arlene,Bohenick
November 22, 2011
LAW OFFICES
SNELBAKER &
BRENNEMAN, P.C.
a
License# PA017457
Bitner Brothers Construction L.L.C
416 E. North St
Carlisle, PA17013
Contractor Agreement
THIS AGREEMENT made the a day of April, 2011 by and between Bitner Brothers
Remodeling hereinafter called the Contractor and Mr. & Mrs S. Bohenick hereinafter
called the Owner.
VaTNES SETH that the Contractor and the Owner for the considerations named agree as
follows:
Articlel. Scone of the Work
The Contractor shall perform all of the work shown on the Estimate, as attachment one
hereto as it pertains to work to be performed on property
Article 2.Time of Completion
The work to be performed under this Contract shall be commenced on or before April
20',2411 and shall be substantially completed on or before May 13'', 2011. The
following constitutes substantial completion of work pursuant to this proposal and
contract: Upon completion of job with approval of owner after review of final job check
list.
Article 3.The Contract Price
The Owner shall pay the Contractor for the material and labor to be performed under the
Contract the sum of ($11,424.00) dollars is subject to additions and deductions pursuant
to authorized change orders as agreed on by the parties. Kitchen cabinets & Counter top
to added after price confirmed with distributor.
Article 4.Pronress Payments
Payments of the Contract Price shall be paid in the manner following: Fast Payment of
($2,424.00) dollars is due immediately after signing of contract. Second payment of
($3,000.00) dollars is due after gut out of Kitchen. Third payment of ($3,000.00) dollars
is due after drywall is installed. Fourth payment of ($2,000.00) is due after new cabinets
have been installed. Final payment of ($1000.00) is due upon approval of final check list
EXHIBIT A
by the parties or upon the completion of the job whichever comes first.
Initials: Owner- t Contractor:-
Article 5. Underlying conditions not readily observed at the time of the
estimate may be grounds for the extension of completion date.
Any alteration or deviation from the above specifications, including but not limited to any
such alteration or deviation involving additional material and/or labor costs, will be
executed only upon a written order for same, signed by Owner and Contractor, and if
there is any order for such alteration or deviation, any additional charges will be in
addition to the contract price as herein agreed.
If payment is not made as herein agreed, Contractor shall suspend work on the job
until such time as all payments and owed have been paid to contractor. A failure to make
said payment for a period in excess of fifteen days from the due date of the payment
shall be deemed a material breach of this contract.
Article 6. In addition, the following general provisions apply:
1 All work shall be completed in a workman-like manner and in compliance with
all building codes and other applicable laws of Harrisburg and Commonwealth of PA.
2. To the extent required by law, all work shall be performed by individuals duly
licensed and authorized by law to perform said work.
3. Contractor may at its discretion engage subcontractors to perform work
hereunder, provided, Contractor shall fully pay said subcontractor and in all instances
remain responsible for the proper completion of this Contract.
4. Contractor shall furnish Owner appropriate releases or waivers of lien for all
work performed or materials provided at the time the next periodic payment shall be due
and owing:
5. Contractor shall at its own expense obtain all permits necessary for the work to
be performed as may be required by law and/or ordinance.
6. Contractor agrees to remove all debris and leave the premises in broom clean
condition.
7. In the event Owner shall fail to pay any periodic or installment payment due
hereunder, Contractor may cease work without breach pending payment or resolution of
any dispute.
8. Contractor shall not be liable for any delay due to circumstances beyond its
control including strikes, casualty or general unavailability of materials.
9. Contractor warrants all workmanship as performed for a period of one year
V r
4
following the date of completion.
10. Contractor herby notifies Owner that Rotted/Damaged plywood will be
replaced at a cost of $25.00/sheet labor included. Owner to be notified prior to
replacement.
Initials- Owner-
ArticleMnsurance
Contractor-
The Contractor represents that it has purchased insurance and agrees that it will keep in
force for the duration of the performance of the work, as will protect Bitner Brothers
Remodeling and the owner of the site, from claims for loss or injury which might arise
out of or result from the Contractors operations under this project, whether such
operations be by the Contractor or by a subcontractor or its subcontractors.
The Contractor represents and agrees that said insurance binder is written for and shall be
maintained in an amount not less than the limits of the liability required by law. The
Contractor certifies that coverage written on a "claims made form" will be maintained
without interruption from the commencement of work until the expiration of all
applicable statutes of limitation.
The contractor shall provide the owner a copy of its insurance binder, PA contractors
license and all municipal permits which may be required by law.
Name and Address & Email of Owner:
Signed this -5- day ofg 2011
Name of Contractor: Bitner Brothers Remodeling
416 E. North St
Carlisle, Pa 17013
Office-(717)-249-2874 and (717)-243-1069
Cell-(717226-0612
Contractor signature: Owner signature:
Gy??
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Bitner Brothers Construction
f 416 East North Street
Carlisle, PA 17013
w
P.O. #
Terms
Recessed Lights
Light trim
Wire-250 1212 romex wire
3-way switch
Wire-12-3
Under Counter Lighting
Jobe determined
Granite price to be determined
job Site Labor
Tile for Back Splash- 24sq. allowance
job Site Labor- Demo- Kitchen-remove cabinets and save to be
re-installed, remove wall from between kitchen & dining room,
remove all drywall from kitchen, move cold air return
1/2" x4x8
Adhesive
DRYWALL MUD & TAPE
Primer- 5-Gallon Bucket
Valspar Paint- 5 Gallon Bucket- Color to be decided
Flooring 1.44 .Sq Ft. Allowance of 53.00iSq.
Backer Board-Under Tile
Misc. Plumbing Material % - G a „.. •c? -a• t'c c4: k
Misc. Lumber
12' Cherrv Quarter Round
8' Colonial Casing
12' Colonial Base
Mortar & Grout- Color of choice
Thank You for choosing Bitner Brothers Can
?L ASA0
Date 4/1/2011
Estimate # DPO40112
Due Date
Other
101 %
10
1
4
1
1
1 hr
24
1 1 hr
22 0
1
1
i
1
144-
15
4
6
3
1
4/1/2011
12.29
8.00
125.00
8.00
65.00
80.00
0.00
0.00
9,000.00
3.00
85.00
9.60
35.00
50.00
90.00
110.00
3.00
12.00
200.00
150.00
13.00
11.00
14.00
120.00
Subtotal
Sales Tax (0.0%)
Total
122.90
80.00 fv
125.00
32.00
65.00, "?`
80.00
0.00
0.00
9,000.00
72.00
85.00 1.
211.20 1 -Z V_'
35.00
50.00
90.00
110.00
432.00
180.00 e?
200.00
150.00 7X-'_,a'
52.00
66.00
42.00 A)
120.00
Bitner Brothers Construction
Phone # 717-243-1069 bitnerbrothers"ahoo.com
www.bitnerbrothers.net
Bitner Brothers Construction
416 East North Street
Carlisle, PA 17013
A?
Phone # 717-243-1069 bitnerbrothersgyahoo.com
www.bitnerbrothers.net
P.O. #
Terms
Due Date
Other
Date 4/1/2011
Estimate # DF040112
4/1/20I1
M ---
Outlet Box-Double Box 3 ea 3.20 9.60
CFI Outlet 1 15.00 15.00
Thank You for choosing Bitner Brothers Con Subtotal $11,424.70
Sales Tax (0.0%) $0.00
Total $11,424.70
Bitner Brothers Construction
/
A
i
License# PA017457
Contractor Addendum
THIS ADDENDUM made the 26th day of April 2011 by and between Bitner Brothers
Remodeling hereinafter called the Contractor and Mr & Mrs Bohenick h=mafter,called
the Owner.
WITNESSETH that the Contractor and the Owner for the considerations named agree as
follows:
That the parties agree that in addition to the contract previously signed by the
parties that Bitner Brothers will be responsible for:
The cost of the addition is $6741.00, above and beyond the current consideration
of the current contract, payable 50% ($3370.00) now and 50%($3371.00) at the end of the
project with the final payment from the original contract.
All other parts of the contract and scope of work are to remain in full force, except
that the completion date shall be extended for 0 days
Name and Address of Owner:
Arlene & Stan Bohenick:
1.126 Cochin St
Mechanicsburg PA 17055
Signed this 26th day of April, 2011
Name of Contractor: Bitner Brothers Remodeling
416 E. North St
Carlisle, Pa 17013
EXHIBIT B
r F
t
f
Contractor signature: -
Owner signature:
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 Answer with New Matter to be served upon the
and in the manner indicated below:
FIRST CLASS MAIL POSTAGE PREPAID ADDRESSED AS FOLLOWS:
Daniel Pollock, Esquire
801 Sand Bank Road #18
Mount Holly Springs, PA 17065
SNELBAKER & BRENNEMAN, P.C.
Y
Keith O. Brenneman, Esquire
44 W. Main Street
P. O. Box 318
Mechanicsburg, PA 17055
(717)697-8528
Attorneys for Defendants Stanley and Arlene Bohenick
Date: November 22, 2011
LAW OFFICES
SNELBAKER &
BRENNEMAN, P.C.
11 ,
IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY C
MM rn
t-j M
r-
Bitner Brothers Construction thr
-[ N
`
Inc.
Plaintiff No. 2011-7757 -
r
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. _
V. D? -- rrt
!
t ru =
Stanley Bohenick and Civil Action-Law
Arlene Bohenick
Defendant
ANSWER TO NEW MATTER
And now here comes the Defendant, Bitner Brothers Construction Inc.
through its President, Charles H. Bitner, Jr. by and through its Attorney, Daniel
Pollock, Esq. give the following answer to the plaintiff's complaint in the above
captioned matter.
Numbers correspond to the Defendant's new matter numbers
19. Admitted in part denied in part, Bitner Brothers Construction LLC was an abortive
attempt to reform Bitner Brothers Construction Inc. Although the paperwork heading
states Bitner Brothers Construction LLC., Bitner Brothers Construction Inc. performed
the work under the contract. The signature page of the contract states Bitner Brothers
remodeling and is signed by Charles Bitner. Bitner Brothers Constriction Inc. is the
successor in interest to Bitner Brothers Remodeling.
20. Admitted in part denied in part, see answer #19
21. Admitted in part denied in part. Bitner Brothers Remodeling has been superseded by
Bitner Brothers Construction Inc. as of June 30 2009, by the filing with the Pa.
Department of State effective September 2008.
22. Bitner Brothers Construction LLC., was the abortive successor in interest to Bitner
Brothers Construction Inc. Bitner Brothers Construction Inc. has registered with the
Bureau of Consumer Protection, and hence is denied
23. Bitner Brothers Construction Inc. is the successor in interest to Bitner Brothers
remodeling and has registered with the Bureau of Consumer Protection, and hence is
denied
24. Admitted
25. Admitted
26. Admitted
27. Denied
28. Admitted in part, Denied in Part. Bitner Brothers Construction LLC. was an abortive
attempt at a sucessor in interest to Bitner Brothers Construction Inc. which was registered
with the Pennsylvania Department of State
29. Admitted
30. Admitted that the first check was paid to the contractor
31. Admitted only so far as the physical document was not presented. By further answer
the document was not needed because the Bohenick's sought out Bitner Brothers on
another job that they were working on.
32. Denied
33. Denied
34. Denied
35. Denied
36. Denied
37. Denied
38. Denied, specific proof demanded
39. Denied
40. Denied
41. Denied
42. Denied
43. Denied
44. Denied
45. Denied
46. Denied
Wherefore the Plaintiff requests that a verdict be returned in its favor and against
the defendants.
s zp I u mitt d
Daniel Pollock, Esq.
Attorney for Bitner Brothers Construction Inc.
Daniel Pollock, Esq.
801 Sandbank Road #18
Mount Holly Springs, Pa. 17065
Pa. Super. Id. 70315
Phone (717) 486-0030
VERIFICATION
I verify that the statements made in this Answer to new matter are true and
correct to the best of my knowledge. I understand that false statements knowingly made
herein are subject to the penalties of 18 Pa. C.S. 4904 regarding unworn falsifications to
Authorit' s.
DATE Charles Bitner
President,
Bitner Brothers Construction
AFFIDAVIT OF SERVICE
On December 28, 2011, I Daniel Pollock, Esq. did serve a copy of this answer by
First Class Mail to the following party
Snellbaker and Brenneman, P.C.
Attorneys at Law
44 West Main Street
Mechanicsburg, Pa. 17055
Attorney for Stanley Bohenick
Res fully Submitted,
Daniel Pollock, Esq.
801 Sand Bank Road #18
Mount Holly Springs, Pa. 17065
Pa. Super Id. 70315
(717) 486-0030
David D, Buell"
lnrothonotaiy
Office of the Prothonotary
Cum&er[ancf County, Pennsylvania
7(irkS. SoFionage, ESQ
Solicitor
/1 77s-7 7 CIVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 28TH DAY OF OCTOBER, 2014, AFTER MAILING NOTICE OF
INTENTION TO PROCEED AND RECEIVING NO RESPONSE — THE ABOVE
CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH
PA R.C.P.230.2.
BY THE COURT,
DAVID D. BUELL
PROTHONOTARY
One Courthouse Square Suite100 ®CarCzsfe, TA 2hone 717 240-6195 ®Ta.Z 717 240-6573