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HomeMy WebLinkAbout11-7758UUMMUIy,WtALIN UI I'tNN,YLVANIA COURT OF COMMON PLEAS Judicial District, County Of Cumberland I I DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. ?? - ?ssr 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 Bohenick 1126 Cocklin Street Mechanics NOTICE OF APPEAL Mark Martin M 1VV L__ - Keith 0. Brenneman, Esquire um m ur- duuumcn IN I Ht cast Vh (rnarntrr) (Defendant)' 9/16/2011 Stan Bohenick ?a Bitner Brothers Construction, Inc. MJ-09305-CV-0000265-2011 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 If appellant was FROM PA 17055 Pa. R. C. P. D. J. No. 1001(6) in action 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 appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. ) 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) 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. Date: 20 Signature of Prothonotary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 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 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 ; 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 affiant Signature of official before whom affidavit was made Title of official My commission expires on 2p E55 -5 12,c ? ? v '54 - /6 r' 1103 I Vf 838Wnj 6C :ZI Wd C I ljo I IQZ C.QMMGNWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Notice of Judgment/Transcript Civil Case Mag. Dist. No: MDJ-09-3-05 MDJ Name: Honorable Mark Martin Address: 507 North York Street Mechanicsburg, PA 17055 Telephone: 717-766-4575 Stan Bohenick 1126 Cocklin Street Mechanicsburg, PA 17055 Disposition Summary Docket No MJ-09305-CV-0000244-2011 MJ-09305-CV-0000265-2011 Judgment Summary Participant Bitner Brothers Construction Stan Bohenick Bitner Brothers Construction Inc. V. W4 L A)o:-44 ?- Stan Bohenick e"'' 1,ile 41? Docket No: MJ-09305-CV-0000244-2011 Case Filed: 7/29/2011 Plaintiff Defendant Bitner Brothers Construction Inc. Stan Bohenick Stan Bohenick Bitner Brothers Construction Inc Joint/Several Liability Individual Liability Inc. $0.00 $762.56 $0.00 $5,060.53 Disposition Disposition Date Judgment for Plaintiff 09/16/2011 Judgment for Plaintiff 09/16/2011 Amount $762.56 $5,060.53 Judgment Detail ('Post Judgment) In the matter of Bitner Brothers Construction Inc. vs. Stan Bohenick 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 $153.00 $153.00 Civil Judgment $0.00 $4,907.53 $4,907.53 Grand Total: $5,060.53 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 Civil Judgment $0.00 $727.06 $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 JUDGMENTITRANSCRIPT 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. Date Magisterial District Judge Mark Martin; MDJS 315 Page 1 of 3 Printed: 09/16/2011 10:25:58AM Bitner Brothers Construction Inc. V. Stan Bohenick Docket No.: MJ-09305-CV-0000244-2011 certify a this is a rue an correct copy o the record o the proceedings containing the judgment. Date Magisterial District Judge Mark Martin MDJS 315 Page 2 of 3 Printed: 09/16/2011 10:25:58AM ? C -9 -V3 = --i MW XM C-5 °? <ca s° za ?n D N om rr 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 pu*,iyJ ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served a copy of the Notice of Appeal, Common Pleas j('"17S?s , upon the District Justice designated therein on (date of service) of 1 20 J( L3 by personal service F! by (certified) (registered) mail, C sender's receipt attached hereto, and upon the appellee, (name) 4V.,,, on 20 ?( ? by personal service by (cent' (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS _jy#1 DAY OF &C-6 , 20-&_. % MAJA signature of official fore whom affidav was made Title of official My commission expires on iQljsa&e Sg 20.ft_. ILTH OF PENNBYL NdEm a d 9w4 m K gkmw % Noleiy FdAc iEOm OumbedW dC=* N CWff1bdM E*m Nov. ?2, X11 1Mmbsr. Pennsylvenis Aevochdon Of 16010 s Signature of affiant ,1Nf1Qo 4 b133OWi13 6£ :Z1 Wd C 1130 1 10Z - VIONON108d 3H! 301JAO-03113 Judicial District, County-of (:'amberiaxid ,l DISTRICT JUSTICE JUDGMENT Cp QN PLEAS No. - 7,j k 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. Gvltwle11IONWEALTH OF PR WYLV COURT OF EOWAON PLEAS Stan Bohenick 1126 Conklin Street Mechanicsburg NOTICE OF APPEAL Mark lliartiaa PA 1 7055 un, c vI- J W%X N I IN THE CASE OF (Ph"O) ? ?• 9/16/2011 Stan Bohenic.k V. Bitner Brothers Construct:ioti, Inc. ,MJ-09305-CV°0000265-2 11 This block will be signed ONLY when this notation is reWred' under Pa. R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a SUPEFSEDEAS to the judgment for possession in this case. S0nWrs0f arDWW Keith J. Brenneman, Esquire NG!" was Clams' before a District Justice, A COMPLAINT MUST BE FILED wvWn twenty (20) days after Nang the NOTICE of APPEAL. - PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND' RULE TO FILE (This section of form to be used ONLY when ?p# t 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 (Common Pleas No. within twenty (20) days after service of nee or suffer entry of judgment of non:pros. St MOM of appegant or sttomey or agent RULE: To , appellee(s) Name of SA"M W (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 MAYBE ENTERED AGAINST YOU. (3) The date of service of this role if service was by mail is the date of the mailing. Date: ,20 appellee(s), to fitea complaint in this appeal Name of appogae(s) Sigr?ettae of tonotary oar Doputy YOU MUST INCLUDE A COPY OF THE CAF A%DQ* Iff1RANSCPJPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 1-3 Ln (Domestic ti m $ ? m Postage O oC, 0 Certified Fee v Postmat ; 0 0 Return Receipt Fee (Endorsement Required) rn Here _7' 0 Restricted Dalt r' Fee (Endorse mem Required) N =? tr ?`:: ? 0 4{> r .0 Total Postage & Fees s ru o lit TO Bitner Brothers Constrfu n ---------------•----...- 416 East Nort or PO Box No -?• M1 . .... cnysrete.ziP+4 -- ... --------------- Carlisle, PA 17013 N m ru m r0 m ru 0 ROOeIPt FOG (E Rndore meth Requited) C3 0 pastricted Delh" Fee (Endorsement Required) C3 Total Postage & Fees ru r% C3 0 [`- { Keith O. Brenneman, Esquire Snelbaker & Brenneman, P.C. 44 West Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff Stan Bohenick STAN BOHENICK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2011-7758 BITNER BROTHERS CONSTRUCTION, INC., Defendants : 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. By: Jl LAW OFFICES LAW OFKER & Attorneys for Plaintiff SNELBA BRENNEMAN, P.C. Keith O. Brenneman, Esquire Snelbaker & Brenneman, P.C. 44 West Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff Stan Bohenick Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2011-7758 CIVIL ACTION - LAW COMPLAINT Plaintiff Stan Bohenick, by his attorneys, Snelbaker & Brenneman, P. C., submits this STAN BOHENICK, V. Plaintiff BITNER BROTHERS CONSTRUCTION, INC., Complaint as follows: Back round 1. Plaintiff Stan Bohenick is an adult individual residing at 1126 Cocklin Street, burg, Cumberland County, Pennsylvania. 2. Defendant Bitner Brothers Construction, Inc. ("Defendant Bitner") is a Pennsylvania LAW OFFICES SNELBAKER & BRENNEMAN, P.C. Business corporation with an address of 416 East North Street, Carlisle, Cumberland County, Pennsylvania. 3. Defendant Bitner operates a home improvement business under registration number PAO17457 issued by the Pennsylvania Bureau of Consumer Protection. 4. Defendant Bitner, or the shareholders, officers and/or directors of Defendant Bitner use registration number PA 017457 for an entity identified as Bitner Brothers Construction, L.L.C. 5. Defendant Bitner, or the shareholders, officers and/or directors of Defendant Bitner use registration number PA 017457 for an entity identified as Bitner Brothers Remodeling. 6. On or about April 4, 2011 Defendant Bitner, under the false and unregistered name of tner Brothers Construction, L.L.C., entered into a Contractor Agreement with Plaintiff and his ife, whereby Defendant Bitner agreed, inter alia, to remodel the kitchen in Plaintiffs residence (the "project"). A true and correct copy of the Contractor Agreement (the "Agreement") bearing a date of April 4, 2011 is attached hereto and incorporated by reference herein as "Exhibit A". 7. On or about April 26, 2011, Defendant Bitner, under the false and unregistered name of Bitner Brothers Remodeling, entered into a Contractor Addendum agreement with Plaintiff his wife, whereby Defendant Bitner and Plaintiff and his wife agreed to an addition to the A true and correct copy of the Contractor Addendum (the "Addendum") is attached hereto and incorporated by reference herein as "Exhibit B". 8. Plaintiff and his wife each had authority and consent of the other to execute the Agreement and Addendum on behalf of the Plaintiff and his wife. 9. Neither Bitner Brothers Construction, L.L.C. nor Bitner Brothers Remodeling ha a of registration or a registration number assigned by the Pennsylvania Bureau of Protection. 10. Defendant Bitner started the project under the Agreement in April 2011 and last work on the project in July 2011. LAW OFFICES SNELBAKER & BRENNEMAN, P.C. 2 COUNTI Breach of Contract 11. The averments of Paragraph 1 through 10, inclusive are incorporated by reference in this Paragraph. 12. Pursuant to the terms of the Agreement, Defendant Bitner agreed to do and perform the following: a. Perform all the work shown on the estimate (Agreement, Article 1); b. Substantially complete the work on or before May 13, 2011 (Agreement, Article 2); C. Complete all work in a workmanlike manner (Agreement, Article 6.1); d. Complete all work in compliance with all building codes and other applicable laws of "Harrisburg" and the Commonwealth of Pennsylvania (Agreement, Article 6.1); e. Have all work performed by individuals licensed and authorized to perform said work (Agreement, Article 6.2); f. Fully pay subcontractors (Agreement, Article 6.3); and g. Obtain all necessary permits necessary for work to be performed as required by law and/or ordinance (Agreement, Article 6.5); 13. Defendant Bitner undertook the project pursuant to and in accordance with the terms and conditions of the Agreement and Addendum. 14. Defendant Bitner materially breached the Agreement and Addendum with Plaintiff and the provisions thereof as noted in Paragraph 12, above, in the following particulars: a. by abandoning the project and refusing to complete the work; b. by failing to install CFI outlets as required by code; LAW OFFICES c. by failing to repair leaks in the sink and drainage; SNELBAKER & BRENNEMAN, P.C. d. by failing to install a threshold to the basement steps; 3 by failing to replace baseboard and other trim that was sloppily installed; f. by failing to complete caulking and painting in the kitchen; g. by damaging hardwood flooring, cabinets and the gas control knob on the hot water heater. h. by failing to credit or reimburse Plaintiff $375.00 for a faucet and strainer basket purchased; i. by failing to complete the project by May 13, 2011 and not having the kitchen even ready for appliance installation until July 20, 2011; j. by relying on unskilled, untrained employees, agents and/or subcontractors; k. by failing to assign or arrange for workers that stayed on the project; 1. by installing drywall that had to be re-hung due to poor installation; m. by installing island and base cabinets that were not level, requiring extensive adjustment for granite surfaces to be installed; n. by failing to install electric outlets and box extensions and correct electric wiring deficiencies; o. by measuring custom island cabinets 6 inches short requiring the installation of a spacer and other repairs; p. by requiring Plaintiff to pay subcontractors; and q. by failing to correct deficiencies in work when called to the attention of Defendant Bitner and/or its employees, agents or subcontractors. 15. As a direct and proximate result of Defendant Bitner's breach of the Agreement as stated above, Plaintiff has been damaged and is required to expend sums in excess of $3,000.00 with interest and costs of this action. WHEREFORE, Plaintiff demands judgment against Defendant in excess of $3,000.00 together with interest and costs of this action. LAW OFFICES SNELBAKER & BRENNEMAN, P.C. 4 COUNT II Breach of Express Warranty 16. The averments of Paragraphs 1 through 15, inclusive, are incorporated by reference in this Paragraph. 17. Pursuant to Article 6.9 of the Agreement, Defendant Bitner provided a warranty on workmanship as performed for a period of one year. 18. In spite of the conditions, deficiencies and defects in workmanship pertaining to work by Defendant Bitner on the project as noted in Paragraph 14, above, Defendant Bitner failed to remedy the deflects in workmanship as described in Paragraph 14. 19. As a direct and proximate result of Defendant Bitner's breach of warranty, Plaintiff been damaged and required to expend in excess of $3,000. WHEREFORE, Plaintiff demands judgment against Defendant in excess of $3,000.00 with interest and costs of this action. COUNT III Negligence 20. The averments of Paragraph 1 through 19, inclusive, are incorporated by reference in Paragraph. 21. For the reasons described in Paragraph 14, above, the averments of which are incorporated by reference herein, Defendant Bitner was negligent, careless and reckless in the matters associated with the project. LAW OFFICES SNELBAKER & BRENNEMAN, P.C. 22. As a direct, proximate and factual result of the negligence, carelessness and of Defendant Bitner, Plaintiff has been caused to sustain losses, damages and expenses in excess of $3,000.00. WHEREFORE, Plaintiff demands judgment against Defendant in excess of $3,000.00 gether with interest and costs of this action. COUNT IV Violation of Home Improvement Consumer Protection Act and Pennsylvania Unfair Trade Practices and Consumer Protection Law 23. The averments of Paragraphs 1 through 22, inclusive, are incorporated by reference in this Paragraph. 24. Defendant Bitner entered into the Agreement and Addendum with Plaintiff under the of Bitner Brothers Construction, L.L.C. and Bitner Brothers Remodeling while falsely on both the Agreement and Addendum the license or registration number for Bitner Brothers Construction, Inc. 25. Bitner Brothers Construction, L.L.C. is not registered with the Pennsylvania LAW OFFICES SNELBAKER & BRENNEMAN, P.C. Department of State. 26. Bitner Brothers Remodeling is a fictitious name for Charles H. Bitner, Jr. 27. Both Bitner Brothers Construction, L.L.C. and Bitner Brothers Remodeling rtook home improvement work at Plaintiffs home separately or through Defendant Bitner. 28. Both Bitner Brothers Construction, L.L.C. and Bitner Brothers Remodeling through ndant Bitner's registration number, held themselves out as a contractor without registering the Bureau of Consumer Protection. 29. The Agreement and Addendum was not signed by Bitner Brothers Construction, Inc. 6 30. The Agreement and Addendum fail to include a notice of right of rescission. 31. Defendant Bitner abandoned and failed to perform the Agreement without justified. 32. Defendant Bitner changed identifying information concerning the true nature of the business or entity with whom Plaintiff dealt in a fraudulent or deceptive manner likely to cause confusion or misunderstanding without advising Plaintiff or his wife of same in writing or l otherwise. 33. For the reasons set forth in Paragraphs 24 through 32, Defendant Bitner has violated Pennsylvania Home Improvement Consumer Protection Act (the "Act"). 34. Violations of the Act by law are deemed a violation of the Pennsylvania Unfair Trade Practices and Consumer Protection Law. WHEREORE, Plaintiff demands judgment against Defendant in an amount in excess of $3,000.00, treble damages, costs and reasonable attorney's fees pursuant to 73 P.S. §201-9.2(a). SNELBAKER & BRENNEMAN, P. C. By: Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff Stan Bohenick October 31, 2011 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. 7 VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. : October 31, 2011 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. 1 License# PA017457 Bitner Brothers Construction L.L.C 416 E. North St Carlisle, PA17013 Contractor Agreement THIS AGREEMENT made the 4'h day of April, 2011 by and between Bitner Brothers Remodeling hereinafter called the Contractor and Mr. & Mrs S. Bohemck hereinafter called the Owner. WM4ESSETH that the Contractor and the Owner for the considerations named agree as follows: Articlel. _Scope 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',2011 and shall be substantially completed on or before May 13th, 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 j rogress Pavments Payments of the Contract Price shall be paid in the manner following: First 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 1 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- ArticleUbunrance 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 mtemiption 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 ofZ- 2011 Name of Contractor: Biitner Brothers Remodeling 416 E. North St Carlisle, Pa 17013 Office{717)-249-2874 and (717)-243-1069 Cell-(717)-226-0612 Contractor signature Owner signature: ?y0 g*,-? Bitner Brothers Construction 416 East North Street Carlisle, PA 17013 4 J Date 4/1/2011 Estimate # DF040112 Phone # 717-243-1069 bitnerbrothers@yahoo.com www.bitnerbroffias.net P.O. # Terms Recessed Lights Light trim Wire-250 12/2 romex wire 3-way switch Wire-12-3 Under Counter Lighting -To be 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 L„ A\. - Adhesive DRYWALL MUD & TAPE Primer- 5-Gallon Bucket Valspar Paint- 5 Gallon Bucket- Color to be decided Flooring-144 Sq Ft. Allowance of $3.00/Sq. Backer Board-Under Tile Misc. Plumbing Material Misc. Lumber 12' Cherry Quarter Round 8' Colonial Casing 12' Colonial Base Mortar & Grout- Color of choice Thank You for choosing Bitner Brothers Con Bitner Brothers Construction Due Date 4/1/2011 Other 10 12.29 12190 W." 10 8.00 80.00 V 1 125.00 125.00 ?" 4 8.00 32.00 1 65.00 65.00, S/r 1 80.00 80.00 0.00 0.00 0.00 0.00 1 hr 9,000.00 9,000.00 24 - 3.00 72.00 1 hr 85.00 85.00 ? 22 9.60 211.20 Z M 1 35.00 35.00 1 50.00 50.00 1 90.00 90.00 . 1 110.00 110.00 144 / 3.00 432.00 15 ? 12.00 180.00 - 1 200.00 200.00 6-6 0 1 150.00 150.00 .. 4 13.00 52.00 +? * 6 11.00 66.00 3 14.00 42.00 1 120.00 120.00 Subtotal Sales Tax (0.0%) Total Bitner Brothers Construction 416 East North Street Carlisle, PA 17013 P.O. # Terms 1 Date 4/1/2011 Estimate # DF040112 Due Date 4/1/2011 Other Phone # 717-243-1069 bitnerbrothers@yahoo.com www.bitnerbrothers.net 15itner brothers Construction License# PA017457 Contractor Addendum THIS ADDENDUM made the 26th day of April 2011 by and between Bitaer Brothers Remodeling hereinafter called the Contractor and Mr & Mrs Bohenick hereinafter 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 contact 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 1126 Cocklin 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 ' Conbuctor S1griature: 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 Complaint to be served upon the person and in the manner indicated below: FIRST CLASS MAIL, POSTAGE PREPAID ADDRESSED AS FOLLOWS: Bitner Brothers Construction, Inc. 416 East North 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 Attorneys for Plaintiff Stan Bohenick Date: October 31, 2011 LAW OFFICES SNELBAKER & BRENNEMAN. P.C. ?f STAN BOHENICK, Plaintiff V. BITNER BROTHERS CONSTRUCTION, INC., Defendant *0V0W**A'L*""k4j42t quaw IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT NO: 2011-7758 CIVIL TERM IN RE: PLAINTIFF'S MOTION TO COMPEL RESPONSES TO DISCOVERY REQUESTS DIRECTED TO DEFENDANT RULE TO SHOW CAUSE AND NOW, this 2"d day of February, 2012, upon review of Plaintiff's Motion to Compel Responses to Discovery Request Directed to Defendant, a RULE is issued upon Defendant, Bitner Brothers Construction, Inc., to show cause why the relief requested in Plaintiff's Motion to Compel should not be granted. RULE RETURNABLE within 20 days from the date of this order. Distribution List: Keith 0. Brenneman, Esq. Snelbaker & Brenneman, P.C. 44 West Main Street Mechanicsburg, PA 17055 For Plaintiff /Daniel Pollock, Esq. 801 Sand Bank Road, #18 Mount Holly Springs, PA 17065 For Defendant 4es M-a' 1'0'? B the Court, Thomas lacey C.P.J. --. } C-, -- F CA = C?.3 STAN BOHENICK, Plaintiff V. BITNER BROTHERS CONSTRUCTION, INC., Defendant 4460M IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT NO: 2011-7758 CIVIL TERM IN RE: PLAINTIFF'S MOTION TO DIRECT DEFENDANT TO RESPOND TO REQUEST FOR PRODUCTION OF DOCUMENTS ORDER OF COURT AND NOW, this 16 day of March, 2012, upon consideration of Plaintiff's Motion to Compel Responses to Discovery Request Directed to Defendant and Motion to Direct Defendant to Respond to Request For Production of Documents, and it appearing that Defendant has not filed a response of record, despite a Rule having been entered on February 2, 2012, Plaintiff's Motion to Direct Defendant to Respond to Request for Production of Documents is GRANTED. Defendant is DIRECTED to provide a response to Plaintiff's First Request For Production of Documents within 20 days from the date of this order. Thomas A. Placey C.P.J. C-1 N =M , Cn - r d Distribution List: Keith 0. Brenneman, Esq. Snelbaker & Brenneman, P.C. 44 West Main Street Mechanicsburg, PA 17055 For Plaintiff Daniel Pollock, Esq. 801 Sand Bank Road, #18 Mount Holly Springs, PA 17065 For Defendant OY& RLFO-OFFICE 2012 APP 19 PM 3-s 46 CU P CUMBERLAND COUNTY Keith O. Brenneman, Esquire Supreme Court ID No. 47077 Snelbaker & Brenneman, P. C. 44 West Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff Stan Bohenick STAN BOHENICK, V. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA BITNER BROTHERS CONSTRUCTION INC.., Defendant NO. 2011-7758 CIVIIL ACTION -LAW ORDER AND NOW, this I q`h day of 4 Q,tL , 2012, upon consideration of Plaintiffs Motion For Sanctions, it is hereby ORDERED that a hearing on the Motion For Sanctions is scheduled to take place on the 164h day of M ?"1j , 2012 at 5:00 o'clock P.M. in Courtroom No. ? of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. LAW OFFICES SNELBAKER & BRENNEMAN, P.C. ?•? m?? Lam, )94 1< A111. ?If z ThomaI A. Placey J. Common Pleas Judge STAN BOHENICK, Plaintiff v BITNER BROTHERS CONSTRUCTION, INC., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2011-7758 CIVIL TERM IN RE: MOTION FOR SANCTIONS ORDER OF COURT AND NOW, this 16th day of May, 2012, upon consideration of Plaintiff's Motion for Sanctions and review of the documentary evidence submitted at the hearing, the following sanctions are ordered: 1. Attorney's fees are awarded to the Plaintiff in the amount of $1,377.50. 2. Defendant is further directed to respond to the discovery request cr face further sanctions. By the Court Keith 0. Brenneman, Esquire 44 West Main Street Mechanicsburg, PA 17055 For Plaintiff 4 Daniel Pollock, Esquire 801 Sandbank Road #18 Mount Holly Springs, PA. 17065 For Defendants mae :7