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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 Sechrist Construction, Inc.
SECHRIST CONSTRUCTION, INC., IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
CIVIL ACTION -LAW
ROBERT J. HARPSTER,
JURY TRIAL DEMANDED
Defendant
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 Cross-Claim 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
LAW OFFICES
SNELBAKER 8C
BRENNEMAN, P.C.
~.-~~3.75 ~d. ~-~r By:
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SNELBAKER & BRENNEMAN, P. C.
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Attorneys for Plaintiff
', 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 Sechrist Construction, Inc.
SECHRIST CONSTRUCTION, INC., IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
CIVIL ACTION -LAW
v.
NO.
ROBERT J. HARPSTER,
JURY TRIAL DEMANDED
Defendant
COMPLAINT
Sechrist Construction, Inc., by its attorneys, Snelbaker & Brenneman, P.C., files this
Complaint against Defendant Robert J. Harpster and in support thereof states the following:
Background.
1. Plaintiff Sechrist Construction, Inc. ("Plaintiff') is a Pennsylvania business corporation
with a principal office and place of business located at 1781 Autumnwood Road,
Mechanicsburg, Cumberland County, Pennsylvania.
2. Plaintiff is in the business of constructing single-family residential structures.
3. Defendant Robert J. Harpster ("Defendant") is an adult individual residing at 128
', I Robin Lane, Apartment M.S, Hummelstown, Pennsylvania.
LAW OFFICES
SNELBAKER BC
BRENNEMAN. P.C.
4. Defendant is the owner of a parcel of land identified as Lot 10 in Siddonsburg Estates
in Lewisberry, Pennsylvania, having the address of 758 Maple Shade Drive, Lewisberry,
',' Pennsylvania (the "Property").
5. On February 3, 2012 Plaintiff and Defendant entered into a written agreement (the
"Agreement") whereby Plaintiff agreed, inter alia, to construct aone-story residential structure
(the "residence") for Plaintiff on Plaintiff s Property. A true and correct copy of the parties'
Agreement dated February 3, 2012, including specifications, disbursement schedule and
drawings are attached hereto and incorporated by reference herein as "Exhibit A".
6. The Agreement was fully executed by the parties and signed by Defendant while at
the office of Sechrist Construction, Inc. at 1781 Autumnwood Road, Mechanicsburg,
Pennsylvania on February 3, 2012.
7. In accordance with the terms of the Agreement, the price to be paid Plaintiff by
Defendant for the work performed by Plaintiff was $394,270.00.
8. Plaintiff commenced construction of the residence pursuant to the parties' Agreement
in March 2012.
9. During the course of Plaintiff s construction of the residence, the parties entered into
various change orders modifying the scope of work to be performed. True and correct copies of
', the change orders entered into by the parties are attached hereto and incorporated by reference
herein as "Exhibit B".
10. The work performed by Plaintiff in the construction of the residence on the Property
was done in a reasonably workmanlike manner and to the extent such work was not delayed or
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LAW OFFICES
SNELBAKER 8C
BRENNEMAN, P.C.
''interfered with by Defendant, was done in a timely manner.
11. On or about September 4, 2012, Plaintiff was paid the third draw in the amount of
$98,567.50 as provided for in the Agreement disbursement schedule.
12. Subsequent to receiving payment of the third draw, Plaintiff proceeded with
completing work for which payment was to be made to Plaintiff through the fourth draw and
thereafter, substantially completed the work for which the fifth draw as called for under the
Agreement disbursement schedule was to be paid.
Count I
BREACH OF CONTRACT
13. Paragraphs 1 through 12, above, are incorporated by reference herein.
14. The work performed by Plaintiff for purposes of issuance and payment of the fourth
draw to Plaintiff was completed by Plaintiff and all necessary inspections were made and work
approved for the payment to Plaintiff of the fourth draw.
15. The work performed by Plaintiff from the time of commencement of the work was
completed in spite of an inordinate number of continuous communications and interruptions by
Defendant.
16. The work performed by Plaintiff from the time of commencement of the work was
delayed by work Defendant was to perform and attempted to perform during the course of
construction of the residence.
17. Defendant has failed or refused to allow, authorize, release, endorse over or pay to
LAW OFFICES
SNELBAKER 8C
BRENNEMAN, P.C.
Plaintiff the payment due and owing under the fourth draw.
18. Payment of the fourth draw has not been made or issued by the lender providing
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Defendant's funds for construction of the residence.
19. The parties' Agreement in relevant part provides as follows:
If any payment is not made by Owner or the Owner's Lending Institution as
provided in draw schedule after completion of required inspections (Lending
Institution, Owner and Building Inspectors), Contractor shall have the right
upon (10 days written notice to Owner stop work and terminate this agreement
and to recover from Owner, at Contractor's option, payment for all work
executed and the cost of materials, rental equipment and related construction
equipment rental fees supplied to the premise and used up to that point for
those costs which were not received from the Lending Institution and/or
Owner, with ten (10) percent as liquidated damages and not as a penalty.
20. All required inspections were done for release or payment of the fourth draw to
Plaintiff.
21. For the reasons noted above, Defendant materially breached the parties' Agreement.
22. Pursuant to the terms of the parties' Agreement noted in Paragraph 19, above, on
November 16, 2012, Plaintiff sent written notice to Defendant of Plaintiff s right to stop work
and terminate the parties' Agreement. A true and correct copy of the letter dated November 16,
2012 to Defendant is attached hereto and incorporated by reference herein as "Exhibit C".
23. As a direct factual and proximate result of Defendant's breach of the Agreement as
noted above, Plaintiff has sustained the following damages:
a. Fourth draw due: $78,854.00
b. Final draw due: 39,427.00
c. Balance due on unpaid change orders: 5,893.39
Subtotal: $124,174.39
Less credit for work not completed and
un-used allowance amounts: - 30,929.88
Balance Due: $ 93.244.51
LAW OFFICES
SNELBAKER SC
BRENNEMAN, F.C.
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24. In addition to the damages specified in Paragraph 23, liquidated damages often
percent (10%) are also claimed and demanded in the amount of $9,324.45 in accordance with the
terms of the parties' Agreement as set forth in Paragraph 19, above.
25. All conditions precedent have been performed or have occurred allowing Plaintiff to
bring and maintain this action.
WHEREFORE, Plaintiff demands judgment against Defendant in the amount of
$102,568.96, together with interest and costs of this action.
Count II
UNJUST ENRICHMENT
(In the alternative to Count I)
26. The averments of Paragraphs 1 through 25, above, are incorporated by reference
herein.
27. The work, labor, materials and equipment provided by Plaintiff to Defendant in
construction of the residence were not provided by Plaintiff to Defendant as a gratuity.
28. The charges for the services, materials and equipment provided by Plaintiff were fair,
customary, reasonable and not objected to by Defendant.
29. Defendant has wrongly secured benefits from the labor, materials and equipment
provided by Plaintiff that would be unconscionable for Defendant to retain.
30. Defendant has been unjustly enriched and his Property benefited in the amount of
$93,244.51 at the expense of the Plaintiff.
LAW OFFICES -`~
SNELBAKER SC
BRENNEMAN, P.C.
WHEREFORE, Plaintiff demands judgment against Defendant in the amount of
$93,224.51 together with interest and costs of this action.
The claims of Plaintiff in this action, exclusive of interest and costs, exceed the
jurisdictional limits for mandatory arbitration in Cumberland County.
SNELBAKER & BRENNEMAN, P. C.
BY:
Keith O. Brenneman, Esquire
44 W. Main Street
Mechanicsburg, PA 17055
(717) 697-8528
Date: November 30, 2012 Attorneys for Plaintiff Sechrist Construction, Inc.
LAW OFFICES -6
SNELBAKER 8C
BRENNEMAN, F.C.
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 by Sechrist
Construction, Inc. to execute this Verification on its behalf.
t
Eric L. Sechrist, President
Sechrist Construction, Inc.
Date: November 30, 2012
LAW OFFICES
SNELBAKER EC
BRENNEMAN. P.C.
AGREEMENT
This agreement made this 3rd day of February 2012, by and between Sechrist
Construction Inc., a Pennsylvania licensed Corporation, of Mechanicsburg, Pennsylvania,
hereafter referred to as "Contractor":
AND
Robert J. Harpster, residing at 128 Robin Lane, Apartment M.S, Hummelatown,
Pennsylvania,17036, whether singular or plural, hereinafter referred to as "Owner".
Now, therefore, in consideration of the mutual covenants and agreements hereinafter provided,
the parties hereto agree as follows:
I. SCOPE OF WORK
Except as provided hereinbelow, Contractor agrees to furnish and supply all the material, labor,
equipment, scaffolding, implements, tools and services necessary for the constriction and
erection of a dwelling house upon the premises of Owner situate fn York County, hereinafter
referred to as the "Project Site", in accordance with certain plans and specifications
(attached hereto) to be dated and initialed by Owner prior to commencement of work.
All material delivered by Contractor to the project site for use in the construction of said
dwelling house shall remain the property of Contractor until completion of the work.
Notwithstanding the foregoing general statement of scope of work, the parties agree that the
following portions of the work shall be performed by Owner and not by Contractor:
a. Acquisition of building permit and septic permit
b. Exterior vinyl siding
c. Finish flooring, e.q. hardwood and ceramic the
d. Ceramic file shower stall
e. All painting (exterior and interior)
f. Interior decoration
g. Walk and stoops
h. Driveway
i. Deck at rear of house.
j. Fine grading, sod or seed & landscaping
k. Any work in specifications not part of this contract.
Owner agrees to provide all material and labor to perform the foregoing items in a timely
manner, so as not to interfere with Contractor's performance.
page 1 0[ 8
EXHIBIT A
i'
II. TIME OF COMPLETION
The work to be performed under this agreement shall be commenced by Contractor on or
about March 12, 2012, and shall be substantially completed on or about September 17, 2012,
at least to the point where Owner shall be able to occupy the same at that time, except that
in the event of delay reasonably caused by fire, cyclone, wind storm, unavailability of
materials, abnormal weather conditions, delay caused by Owner's failure to make payment
under this agreement or to perform or complete any work which is not the responsibility of
Contractor, or any other cause beyond the control of Contractor, the aforesaid time of
completion shall be extended for a period of time equal to such period of delay.
Owner agrees to permit Contractor to begin work by the aforesaid commencement date and
upon bank approval date. Should the Owner's commencement date be delayed beyond the
commencement date established above, the completion date shall be extended for a period
of time equal to such delay.
III. CONTRACT PRICE
Owner shall pay to Contractor, for the materials, labor and services performed or supplied by
Contractor bereunder, the sum of $ 394,270.00 (Three Hundred Ninety-Four Thousand, Two
Hundred Seventy Dollars), which sum may hereafter be increased or decreased in
accordance with paragraphs four (IV) and eight (VIII), hereinbelow.
The aforesaid contract price shall be paid by Owner to Contractor in accordance with the
draw schedule, attached hereto and incorporated herein by reference thereto.
The agreement is subject to the OWNER obtaining construction fmancing loan in the amount
of $350,000. (Three hundred fifty thousand dollars) and the bank approval of the Contractor.
Owner Breach of Contract
If any payment is not made by Owner or the Owner's Lending Institution as provided in draw
schedule after completion of required inspections (Lending Institution, Owner and
Building Inspectors), Contractor shall have the right upon (10 days written notice to Owner
stop work and terminate this agreement and to recover from Owner, at Contractor`s option,
payment for all work executed and the cost of materials, rental equipment and related
construction equipment rental fees supplied to the premises and used up to that point for those
costs which were not received from the Lending Institution and/or Owner, with ten(10) percent
as liquidated damages and not as penalty.
page 2 of 8
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Contractor Breach of Contract
If the Contractor has not performed in accordance with the contract terms, conditions and
specifications, O~vuer shall have the right to terminate this Contract, provided that Owner gives
written notice to Contractor of the deficiency and Contractor fails to remedy the deficiency
within ten (10) business days after receipt of said notice. Upon lawful termination of this
Cantract, Contractor shall reimbarse Owner the reasonable cost of removal of the deficient
work or materials together with ten percent (10%) as liquidated damages and not as penalty.
Owner shall pay Contractor for all satisfactory construction prior to such termination.
IV. CHANGES lIN PLANS AND SPECIFICATIONS
The work under this agreement shaII be performed in accordance with the plans and
specifications hereinabove described and no changes or alterations in such work, nor any
extra work, shall be made or performed except upon written order of Owner. The contract
price shall be adjusted in accordance with additions to or reductions from the total cost of the
project occasioned by such changes, alterations or extra work. This paragraph does not
apply to paragraph eight (VIIn hereinbelow.
Payment provisions for changes are outlined in paragraph ten (X) hereinbelow.
V. LICENSES AND PERMITS
Owner shall, at their own cost and expense, obtain and pay for all licenses, permits, certificates,
and surveys required for the completion of the work under this agreement beyond those
services outlined in the contract specifications. Contractor shall assist in obtaining such
licenses, permits, certificates and surveys to the best of their ability.
page 3 of 8
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VI. INSURANCES
Contractor shall provide Workermen's Compensation insurance covering their employees,
if any, and such appropriate public Iiability insurance and shall cover the following
contingencies:
a. Personal injury or death suffered by anyone other than employees; and
b. Claims for damages to real or personal property which may arise both out of
and during the performance of the work under this agreement, whether such
operations be by itself or by any subcontractors or anyone directly or indirectly
employed by either of them; and
c. Agree to provide a certificate of insurance evidencing the above coverage at the
time of or prior to mortgage settlement.
d. All sub-contractors will have in force General Liability (minimum 1 million dollars}
and Workman's Compensation throughout the construction and warranty period.
VII. OWNERS' INSURANCE
Owner shall purchase and maintain fire insurance and property insurance upon the premises,
the building and the work, to the full insurable value thereof, which insurance shall include
the interest of O~vner and Contractor and shall insure against the perils of fire, vandalism,
malicious mischief and extended coverage.
page 4 of 8
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VIII. ALLOWANCES
The contract price includes allowances for the following amounts for the following items of
work:
a. Building Permit By Owner.
b. Excavation $6,000.00
c. Well $4,000.00
d. Septic System $12,000.00
e. Grass Seeding By Owncr.
f. Lighting Fixtures $4,000.00
g. Bathroom Accessories $800.00
h. Plumbing Fixtures $6,050.00
i. Shelving Allowance $1,000.00
j. Flooring & Ceramic Tile and Shower Tile By Owner.
k. Custom and Stock Kitchen Cabinets, Countertops,
Built-ins and Vanities $28,000.00
1. Ground Source Heating/Air Conditioning System $24,723.00
m. Rinnai Water Heater $1,000.00
n. Front Door $2,000.00
o. Garage Door $1,550.00
p. Garage Door Opener $450.00
q. Painting By Owner.
r. Insulations $5,298.00
s. Drywall ceiling in basement By Owner.
Total Fixed Allowances $96,871.00
If the total actaal cost of all fixed allowances exceed the total fixed allowance hereinabove, the
contract price shall be increased by the amount of such excess. If the total actual cost of all
fined allowances shall be less than the total fixed allowance hereinabove, the contract price
shall be reduced by the amount of such deficiency. Paragraph four (IV) mentioned above does
NOT apply to any overages included in the above allowances.
1X. WARRANTIES
Contractors warrant to Owner that all materials used in the project will be new unless otherwise
specified. Contractor shall have the right to make substitutions of materials shown on the
plans and specifications, provided that the substituted materials shall be of like or better
quality as the original materials, provided the materials specified in the contract are not
currently available and all substitutions are approved in advance by the Orvner.
page S of 8
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IX. WARRANTIES cont.
Contractor shalt assign and transfer to Owner such warranties as are provided by the
manufacturer of any materials, appliances or other goods used in the project, otherwise, all
such materials, appliances, or other goods are sold to Owner "as is" and Contractor, for
themselves, do not in any way warrant the merchantability of such materials, appliances, or
other goods or that they are fit for any particular purpose.
Contractor do not warrant or guarantee materials provided by Owner for incorporation into
the project.
Contractor warrant to Owner that all work will be performed in a good and workmanlike
manner. All materials and labor are guaranteed against defects for a period of one (X) year
from the date of occupancy.
Because Contractor have not selected the building site or the particular type or style of
dwelling to be erected thereon, Contractor make no determination, representation or warranty
of any kind, express or implied, as to the suitability of the project site for building ar its fitness
for the dwelling house described in the plans and specifications.
X. OTAER PROVISIONS
A. The services with Contractor are to provide under this contract do not include
the following items:
1. Services that are not listed ander this contract (i, e. eztra work, material,
etc., requested by Owner}
The Contractor is willing and able to provide the above services upon written
order of Owner and to charge Owners, therefore, the cost of same to Contractor
plus mark-up for overhead and profit of five (5} percent and ten (10) percent,
respectively. Such charges, if any, shall be billed separately 6y Contractor to
Owner upon completion of same, and shall be paid by Owner to Contractor within
five (5) days after such billing, which payment shall be in addition to schedule of
payments set in paragraph four (IV) above.
page 6 of 8
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X. OTHER PROVISIONS (cont.)
B. Owner shall nat move into or occupy the said dwelling house without the
WRITTEN CONSENT of Contractor unless and until FULL CONTRACT
PRICE, with any adjustments thereto, and atl payments for changes, extras
and/or additional services, above, have been paid to Contractor, provided
however, that. Contractor shall not be in default of any obligation under this
agreement.
C. If rock is encountered, Owner will pay for rock blasting and any other rock
removal means from the excavation/rockaliowance. Any costs in excess of the
allowance shall bean additional cost to the contract price.
D. Any trees or stumps to be removed from the project site shall be paid for, in
addition to the contract price, by the Owner.
E. If there is any changes on the approved plans and specifications, achange order
will be issued stating the change and the price difference.
F. The Contract scope of work and price does not include repair or replacement of
cracks in concrete. Cracking is inherent to concrete and cannot be completely
eliminated. Contractor will utilize their best judgment and industry knowledge
to preventlminimize cracking; however, no guarantees or warranties against
cracking are expressed or implied.
G. The contract scope of work and price does not include repair or replacement of
cracks in drywall at vaulted or cathedral ceilings (where drywall is directly
attached to rafters). Contractor will utilize their best judgment and industry
knowledge to prevent/minimize cracking; however, no guarantees or warranties
against cracking are expressed or implied.
H. If unsuitable soil is encountered at proposed footing elevations requiring over-
excavation and/or additional costs related to extra concrete or foundation black
to obtain proper bearing, the extra costs will be the responsibility of the Owner
and added to the contract amount via change order at the rates established above.
Not subject to Section X, paragraph A overhead and profit percentages.
I. The contract is based upon a sloped lot with exposed basement walls.
page 7 of 8
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X. OTHER PROVISIONS (cont.)
J. This agreement contains the entire understanding of the parties and there are no
agreements, understandings, representations, warranties, covenants or
undertakings, expressed or implied, not expressly set for herein.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this day and
year for above written, intending thereby to legally bind themselves, their heirs, executors,
administrators and assigns.
Witnessed by:
~o a
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Eric L. Sechrist, President
obert arps ,Owner
page 8 of 8
Page 1 of 14
SPECIFICATIONS
New Construction -Residential
OWNERJMORTGAGOR: Robert J. Harpster
SCI: Sechrist Construction Inc. (Eric Sechrist, President)
ADDRESS OF PROPERTY: Lot # 10 Siddonbur~ Estates
Sechrist Construction, Inc. (GENERAL CONTRACTOR - (SCI)), shall provide all
necessary labor and materials and perform all work required to complete the building within
the scope of these specifications and referenced "approved" building plans and change orders
and in accordance with the plans attached hereto and made a part hereof except for those
installations including associated material and labor performed by OWNER.
SCI and all approved sub-contractors shall comply with all applicable building
(International Residential Building Code of 2009 (IRBC) and sub-division ordinances and
sanitary laws applicable to this work.
Robert J. Harpster (OWNER) will furnish a survey of the building site. All lot # 10
boundaries (corners) including approved Perc septic field have been marked.
The OWNER shall establish the location of the building and grade level with SCI. SCI is
responsible for the building layout with associated approved plans. SCI shall have general
liability (One (1) million dollars minimum coverage) and comply with all insurance
requirements of the OWNER as referenced in this agreement. If applicable, the SCI shall
comply with the Pennsylvania Workman's Compensation Laws and applicable insurance
requirements. All SUB-CONTRACTORS of SCI shall have general liability insurance (One
(1) million dollars minimum coverage) and if applicable, every SUB-CONTRACTOR with
employees shall comply with the Pennsylvania Workman's Compensation Laws and applicable
insurance requirements.
SITE PREPARATION
All topsoil from the immediate area of the building and approximately 30 feet around
was scrapped and piled on the lot away from the building site by ROLAND
BUILDERS, INC. (RBI). The exact location in which RBI stored the topsoil has not
been located and possibly combined with other soil during prior excavation efforts
performed on or about August 2, 2011'. Soil has been re-deposited in all previously
areas previously excavated by RBI at a depth of approximately 3 %Z feet to protect from
possible freezing.
' `Page 2 of 14
Excavation efforts to be deployed by SCI shall extend to undisturbed earth at least 6
inches below the previously excavated area' per the OWNER instructions. Prior to any
excavation work by SCI the selected excavator shall provide a plan including any
required fill to elevate the building at the appropriate levels to permit appropriate
drainage.
Building permits: Included (Preuaid by OWNER)
Sewer Permit Allowance: Included (Preaaid by OWNER)
EXCAVATION AND GRADING ALLOWANCE:
The excavation and grading allowance is only an estimate. Unlike other allowances that can be priced
exactly, the process of excavating can be affected by many variables. Additionally, during construction,
changes can be made to the residential building that will affect the final grading. During construction,
updates will be discussed and provided in writing so that any anticipated overages will be agreed upon
among the SCI and OWNER
II. EXTERIOR WORK
A. Excavation, rock blasting and tree removal and other heavy equipment (loader,
backhoe, skid loader, conveyer, etc.) costs. Allowance of $ 6,000.00 included in
proposal. Estimate to be provided describing proposed work efforts and materials
based upon building plans and lot survey.
B. Grass Seeding - by Owner
C. Driveway -paver and stone base by OWNER.
D. Sidewalks -paver and stone base by OWNER.
E. Front Porch. -Stone to be supplied by SCI.
Type: No. 4 Stone
No. 2 Stone
F. Rear Deck Framing, support structure, railings by OWNER
III. FOUNDATION & BASEMENT WALLS
A. FOOTERS Size: 20 inch W a 8 (min) to 10 inches H
Above Ground (Non-trench footer)
Form-A-Drain by CertainTeed to be used. Manufacturers recommended installation
procedures to be followed. Steel Pins to be used.
Product Spec. 8 inch x 12 foot ,Part No. LF 128 (Exhibit SCI -1)
Page 3 of 14
FForm-A-Drain Position -Since Form-A-Drain serves as non-removable form during
concrete pour, a minimum of 2 inch clearance from initial drain slots to comply with IRBC to
accommodate stone irrigation requirements.
MATERIAL: Concrete/ 3500 PSI (28 Day) with fibermesh accordinc to ACI standards.
Fibermesh specification - Fibermesh 150 by Propex (Exhibit SCI - 2).
Slump Spec: 4 inch
DRAINAGE SYSTEM PIPE SPECIFICATON : 'Form-A-Drain' by CertainTeed.
Manufacturers recommended installation procedures to be followed. Steel Pins every 3
feet or more frequently as needed for support.
Product Desc. 8 inch x 12 inch ,Part No. LF 128
REBAR: Two (21 horizontal rows of no 4 rebaz supported by 3 inch rebaz stands from
base footer. Refer to rebaz diagram (Exhibit SCI -3A).
SUMP PUMP SPECIFICATION/INSTALLED: '/z HP Hydramatic DA1 with Radon
roof it.
Footer Dowel Pins - No. 5 Rebaz (to be inserted after creating a bored hole into to the footer at
a depth of 3 inches (min). Pins will be placed every 32 inches as reflected in footer dowel pin
print {Exhibit SCI - 4).
Below Ground (trench footer)
MATERIAL: Concrete/ 3500 PSI (28 Dayl with fibermesh according to ACI standards.
Fibermesh specification - Fibermesh 150 by Propex (Exhibit SCI - 2).
Slump Spec: 4 inch
REBAR: Two (2) horizontal rows of no 4 rebaz supported by 3 inch rebaz stands from
base footer. Refer to rebaz diagram (Exhibit SCI -3B).
Rear Deck Footer
MATERIAL: Concrete/ 3500'PSI (28 Day) with fibermesh according to ACI standards.
Fibermesh specification - Fibermesh 150 by Fropex (Exhibit SCI - 2).
Slump Spec: 4 inch
Dimensions: 8 inches (H) 20 inches (VV)
REBAR: None
~~ ~ Page 4 of 14
B. FRONT PORCH -Cement Block (CMU) 7 1/2inch foundation wall to be included per plan.
Refer to foundation plan for stone 511 requirements.
C. BASEMENT FLOOR Thickness Spec: Min height 4.25 inch (Hl Thickness.
Note: Tolerance minus'/s inch Per ACI
MATERIAL: Concrete/ 3500 PSI (28 Day) fibermesh according to ACI standards.
Fibermesh specification - Fibennesh 150 by Propex.
D. BASEMENT WALLS
Note -Refer to foundation plan for detailed description of the usage of• Ivany Block ®,
CMU, rebar, and locations (Exhibit SCI - 5).
Size: 9 foot 4 inch (H) x 11 '/z (W) Ivany Block ®and 7 '/z (W) CMU Per Plan; 9 '/z regular
CMU (refer to plans for specific block locations)
REBAR DESIGN -General ~c• 11 %z inch wall• 1 no 4 rebar every other 8 inch horizontal.
One (1) no 5 rebar every 16 inch vertical• every 32 inch no. 5 rebar out
of footer (vertical approx 7.5 inch).
E. GARAGE FOUNDATION WALLS Size: 40 inch (H) x 7 '/z inch (W) CMU
(refer to plans for specific block locations)
F. SLAB SUB-BASE - 4 inch (min per IRBC) stone (type 2 B)
Plastic Vapor Bearer Installed: Six (6) mil puncture-resistant, cross-laminated product
Product Spec/Manf: GriQeRite reinforced Poly
G. RADON SYSTEM -Description of system (establish system for active/passive):
CertainTeed Forma-A-DrainTM'
A. WATERPROOFING -Product Spec/Manf: Tremco Tuff-N-Dry H-8
Basement Exterior Wall Insulation Board (unexposed basement wall areas) -
Materials and installation by OWNER
I. SUPPORT BEAMS AND POSTS - ***Approved by licensed engineer*** (Exhibit SCI - 6).
Steel Beams: Product Spec/Manf Per Plan
Wood Beams: Product Spec/Manf : Per Plan
Steel Posts :Product Spec/Manf: Per Plan
Page 5 of 14
***Concrete PSI Validation -
Plant miz ticket to be provided to Owner and plant slump test to be
performed at Hempt, Brothers, Inc., and prior to pour of all footers, wall,
and floors. All concrete to be manufactured at Hempt Brothers, Inc., in
accordance with building plan specifications.
IV. FRANIING SYSTEM
A. FII2ST FLOOR JOISTS - T.J.I.s Placement: 16inch O.C.
Manufacturer: Trus Joist MacMillan (210 Series);
Specification: Level Javelin Software dated 11/7/2011 Per Plan and specification sheet.
B. SUB-FLOOR - 3/. inch T&G Advantech Structural Engineered sub-floor
Installation method: Glue (step 1 Locktite PL Premium Polyurethane construction adhesivel
-glue bead entire length of joist. /Nailed; 8D (ring shank), Locations/frequency: 6 inches
on edge and 8 inches in-between; Screwed (spec) No. 8 wood screw. Locations/frequency:
6 inches on edge and 8 inches in-between (Exhibit SCi - 7A).
C. EXTERIOR STUDS - 2 inch x 6 inch x 9 foot. 16 inch O.C.
No. of Plates: BOTTOM: 1 TOP: 2
D. INTERIOR STUDS - 2 inch x 4 inch x 9 foot. 16 inch O.C.
No. of Plates: BOTTOM: 1 TOP: Nonbearing 2
E. CEILING JOISTS - 2 inch x 8 inch. 16 inch O.C.
F. EXTERIOR SHEATHING -''/z inch Sheathing APA Exposure Rating: 1
Manf/Series: Advantech Size: 4 ft. x 8 ft. '/z inch
***Installation per manufacturer requirements (Exhibit SCI - 7A 8t B) and APA Standard for
Sheathing/Sub-floor (Dryvit, Stone, and Vinyl Siding)
H. RAFTERS - 2 inch x 10 inch and 2 inch x 12 inch Locations to be Specified (if required).
(Note: None anticipated, because of Engineered Trusses.)
I. TRUSSES -Engineered on main building and garage 24 inch O.C.
J. HOUSE EXTERIOR/INTERIOR WRAP -
DuuontTM Twek® Tare: 3 inch tape to be used on all seams (All areas using Dupont"'
T ek® .
~ .~
Page 6 of 14
IV FRANIING SYSTEM (Continued)
Dupont"" Twek® Wrap Cap nails (fastner): refer to installation Spec (All areas using
DupontTM Twek®).
Installation Spec: 8 - 10 inch Overlap corners; Secure w/fasteners every 12 - 16 inches on
vertical stud line; Overlap horizontal seams 8 inches; Tape all horizontal and vertical seams.
All Exterior Stone/Dryvit Areas - DupontTM Txvek® for Stone & Stucco (Exhibit SCI - 8A
~_
Interior Stone Areas - DupontTM Tyvek® for Stone & Stucco (Exhibit SCI - 8 A &
All Vinyl Siding Areas - DupontTM Tyvek® HomeWrap® (Exhibit SCI - 8 A & B).
K. SILL SEALER - Reflectix® Sill Sealer
L. SILL PLATE Size: 2 inch x 6 inch x 16 foot
M. HEADERS, ALL FRAME WALLS:
Each end headers to be securely bearing on at least one iack stud.
Header Size: 2 inch x 10 inch; Exterior: 3.5 inch x 9.25 inch Timberstrand Material.
V. ROOF SYSTEM
A. ROOF SHEATHING - Manf: Advantech sheathing Size: '/z inch x 4 feet x 8 feet
B. FELT -Manufacturer/Series: Tamko Grade: 30 LB Felt
C. DRIP EDGE -Type: Aluminum Manf/Spec - BergLer Brothers
D. SHINGLES - 30 Year Architectural ManUSpec: GAF Timberline
Shingle Ezposure how fastened: Nailed 5 5/8 inch exposure 6 Nails per shingle
E. GUTTERS AND DOWNSPOiTTS -Continuous Aluminum ManUSpec: Alcoa .032
F. SOFFITS AND GABLE OVERHANGS - Size: 12 inch deev,
Manf/Spec: Alcoa Mastic Vinyl (Ventedl; Ventura .044
G. FASCIA -Aluminum ManUSpec: Alcoa Mastic; .019
H. STEP FLASHING LOCATIONS: (none -hip roofl
. 1 4,..
'~ Page 7 of 14
~'
I. ATTIC VENTILATION -Vent-A Ridge (continuous ridge vent)
Attic Fan (Solar): Supplied by OWNER for installation
VI. GARAGE STRUCTURE
A. GARAGE SLAB - Size: (I~ Thickness 51/2 inch
PSI: 4000 PSI
Fibermesh 150 by Propex
Reber: No. 5 (5/flinch) 2 foot O.C. each way with center
with stone support. Reber to be installed after
approximately 3 inch of concrete. Wet insertion method.
Expansion joints (1'/Z inch by 1/8 inch) to be at the mid-
point forming four (4) squares. Floor will slope to center
with drainage to daylight.
Slump Spec: 4 inch
B. GARAGE DOORS -ALLOWANCE 1 550.00 Wayne Dalton 16 foot (W) x 8 foot (H)
9600 Series decorative/steel insulated door).
C. GARAGE DOOR OPENER -ALLOWANCE (INCL INSTALLATION) 450.00
Model No./HP Elite 8550'/< h~lift master belt drive.
D. INERIOR-WALLS & CEILING ROUNDED CORNERS, 1/2 DRYWALL (a. 16. O.C
Manf: National Gypson
*Laundry Room, Kitchen, Bathrooms and Garage (Fire and moisture proof)
Manf: National Gypson Series XP
Drywall: Screws Type: 1.25 inch Grabbers;
Pattern: Perimeter 1 screw every 16 inches; interior 1 screw (48 inch board)
2 (54 inch board) screws in center
Drywall Mud: GP Mid-weight
E. INCLUDES... ONE (1) FLOOR DRAIN IN GARAGE SLAB.
.,
~~~
Page8of14
VII. WINDOWS/SKYLIGHTS
A, WOWS - MANF: Anderson Series: 400 HI PERFORMANCE LOW-E (PER PLANT
***ALL ANDERSON WINDOW SPECIFICATIONS***
LISTED ON PLAN GRILL AND ACCESSORY LIST
(Anderson Window Specifications -Per Plan Mfg Code Listing)
ALLOWANCE: $ 17 406.000
VIII DOORS (INTERIOR/EXTERIOR)
A. FRONT DOOR -ALLOWANCE 2 0~ , 00.00
B. EXTERIOR DOORS -
GARAGE TO HSE: Size: 36 inch Standard raised panel steel door
Manf : Jeld Wen
GARAGE TO SIDEYARD: Size: 36 inch Nine life steel door Manf: Jeld Wen
SUNROOM TO DECK: One (1) Anderson Sliding Glass Door -Per Anderson Window
Specifications (Exhibit SCI - 9)
C. INTERIOR DOORS - Siz panel solid core masonite Manf: Masonite;
D. INERIOR JAMBS -Installed
E. HARDWARD -Manf: - Schlage Model/series: F
***All Anderson windows and doors will utilized Anderson hardware
per Anderson Window specifications.
IX. INSULATION - Allowance $ 5,298
A. EXTERIOR SIDEWALLS -Refer to Quotation Dated January 3, 2012,
American/Hungerford Building Products, ezcept for Type EcoTouch®
Manf Owens Corning (OC) Series R-21
B. INTERIOR SIDEWALLS - Refer to Quotation Dated January 3, 2012,
American/Hungerford Building Products, ezcept for Type EcoTouch®
Series: Solid Core
Manf Owens Corning (OC) Series R-19
C. B. CEILING - Refer to Quotation Dated January 3, 2012, American/Hungerford Building
Products
;~`
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Page 9 of 14
IX. INSULATION (Continued) -
Manf Owens Corning (OC) Series R-60
C. VENTS -Installed vents to permit unobstructed air flow in roof areas
Type: Styrofoam
D. Window (interior) -Low expansion foam
Refer to Quotation for combination R-Values to achieve R-60 in all ceiling areas per quote.
X. EXTERIOR FINISHES
A. All elevations to be cultured stone, Dryvit and vinyl siding per individual plan
specifications. Price may increase and/or decrease if additional or less cultured stone,
stucco and vinyl siding details are added through a change order signed approved by SCI
and OWNER. Vinyl siding to be installed by OWNER
Manufacturer: Bucks County Field Dressed Cultured Stone
Locations of Stone: Per Buildin P,g; lans
Description of installation materials: Install wire mesh, apply trowel base coat ,rake it,
mortar back of stone and affix to wall. Bonding agent will be mined in mortar, point
mortar.
Refer to Stone installation specifications (Exhibit SCI -10)
Refer to I)ryvit installation specifications (Exhibit SCI - 11)
XI. INTERIOR FINISHES
A. TRIM PACKAGE - 3'/: inch Finger jointed colonial casing (Pine); 5'/. inch baseboard (MDF)
and standard window sills (Pine). Slice molding included at wood floors and ceramic tile. All
other Trim not specifically listed will require a change order by SCI and OWNER
Interior Finishes - Type/Size/Manufacturer -Locations/Sizes:
ALL Anderson Windows (except basement):
Size: 3 '/s inch Wood Type: Pine finger jointed casing
Anderson Door:
Size: 3 '/z inch Wood Type: Pine finer jointed casing
~ ~~i` 1
~~ Page 10 of 14
i
Laundry Room:
Size: 3 'h inch
Garage:
Size: 3 `/s inch
Kitchen:
Size: 3 '/s inch
Bedrooms:
XI INTERIOR FINISHES (Continued)
Wood Type: Pine finger iointed casing
Wood Type: Pine finger jointed casing
Wood Type: Pine finer iointed casing
Size: 3 '/z inch Wood Type: Pine finger jointed casing
Master Bedroom: ,
Size: 3 '/z inch Wood Type: Pine finger iointed casing
Per Building Plans: Tray Ceiling
Size: 3 5/8 inch Wood Type: NIDF or finger jointed crown molding
Bathrooms:
Size: 3 '/z inch Wood Type: Pine finger iointed casing
Dining Room:
Size: 3 `/z inch Wood Type: Pine finger jointed casing
Sun Room
Size: 3 '/s inch Wood Type: Pine finger jointed casing
Living Room
Size: 3 '/z inch Wood Type: Pine finger jointed casing
Hallways
Size: 3 '/z inch Wood Type: Pine finger jointed casing
Closets:
Size: 3 '/z inch Wood Type: Pine finger jointed casing
Access Panels (Plumbing, electric, etc)
1 .~~~'.
,`".' Page 11 of 14
:;
,.
XI INTERIOR FINISHES (Continued)
Electric (Basement) -Panel attached to 4 feet x S feet Advantech
B. STAIRS -Yellow pine stairway to basement Size: 3 foot 3 inches (W) x 9 feet total height
C. DRYWALL -'/: inch Manf : National Gypsun
Garage -Per 1RC Fire Proof, Moisture Resistant Manf. National Gypsun XP
Bathrooms - Moisture Resistant Manf. National Gypsun XP
Laundry -Moisture Resistant Manf. National Gypsun XP
D. PAINTING - By OWNER
E. FIREPLACE -Stone from base to ceiling with wood mantel. Two (2) sided fireplace,
mantel interior/exterior)
ALLOWANCE: 5 000
F. LIGHT FIXTURES -ALLOWANCE: $ 4,000.00 (INCL)
G. BATH ACCESSORIES -ALLOWANCE: $ 800.00 (INCL)
H. SHELVING -ALLOWANCE: $ 1,000.00 (INCL) Locations: Closets & Pantry
I. FLOORING - To be supplied by OWNER Wood & ceramic & the shower.
J. TRAY CEILING IN MASTER BEDROOM -Per plans (Exhibit SCI -12)
XII. CABINETS & COUNTERTOPS
A. Custom and Stock Kitchen Cabinets, vanities & Countertops -
ALLOWANCE: $ 28,000.00 (INCL)
XIII. APPLIANCES & EQUIPMENT
A. Range, Dishwasher, Microwave, etc -ALLOWANCE: $ 4,000.00 (INCL~
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Page 12 of 14
XIV. HEATING/AIR CONDITIONING SYSTEM
A. Geothermal System per quotation dated 1-18-2012. Includes automatic humidifier and space
guard air cleaner.
Manf: Carrier
Model: SOYDV038-JCK311 with de-superheater and 50 ga) preheat tank
AFCG 1 C 1 flow center
AGLlOA aux heat
TP-PRH stat
AHICSEC & AFC6F hose kit & adaptors methonal and Geo-link pining with fusion
Cooper piping, to water heater Allowance: $ 17,114.00
450 ft of bore Allowance: $ 5,000.00_
Basement Area -
Carrier 50 YDV049- JCK311 with two pump flow center Allowance: 1$ ,009.00
Additional Loon Allowance: 1 600.00
XV. PLUMBING SYSTEM
A. PLUMBING FIXTURES -ALLOWANCE: $ 6.050.00 (INCL)
B. FIXTURES -Allowance includes tub, shower combo units, ceramic shower plumbing
accessories, whirlpool tub, all faucets, sinks, shower doors or curtain rods,
garbage disposal and any other plumbing fixtures.
C. Dishwasher & Icemaker water hook ups.
D. Three (3) Exterior hose bibs (SCI and OWNER will confirm locations).
E. Hook ups for washing machine.
F. Copper water lines: Per plumber plan (Exhibit SCI -13)
~Rinnai Water Heater -ALLOWANCE: $ 1000.000 (INCL)
XVI. ELECTRICAL SYSTEM
A. 400 AMP Electric Service with outlets and lighting fixtures wired to meet code. SCI and
OWNER to confirm all locations of outlets and fixtures.
B. One (1) Ceiling light in breakfast area
C. Ten (10) recessed lights in Kitchen area
~._...~_.-~_ _r-~... w
~ Page 13 of 14
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XVI ELECTRICAL SYSTEM (Continued)
D. Two (2) recessed lights in Living room.
E. Additional recessed tights each $ 70.00
F. One (1) light foyer (entry) and six (~ lights in all hallways
G. Two (2) lights in common baths, three (3) lights in master bath
H. Exhaust fanlight combination in all full baths, Exhaust only in baths without shower and
bathtubs. Fans and fanlight combos are included in lighting allowance.
I. Electric dryer hook-up
J. Two (2) recessed lights in laundry room
K. One (1) light in dining room
L. One (1) light in walk in closets
M. Ten (10) exterior recessed lights
N. Three (3) exterior receptacles
O. Smoke Alarms - as required by IRC and local code
P. Telephone & Cable TV -Five (5) telephone and TV Cable outlets
Q. Receptacles installed to meet IRC and local code. All additional receptacles, switches
and/or light outlets will be an additional cost of $ 40.00 each. Ceiling fan rough-ins
are included per plan.
R Garage: Three (3) Porcelain Lights
S. Master Bedroom: Tray Ceiling Lighting -Rope lighting
T. Fan Recepticles: Per Building Plan Locations -Five (5)
Receptacle Manf/Series: Pass & Seymour Standard
Switch Manf/Series: Pass & Seymour Standard
Per Electrical Plan (Exhibit -14)
.~ ,;
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Page 14 of 14
XVIII. SEPTIC SYSTEM/WATER
A. Septic System per approved design -ALLOWANCE $ 12,000.00
B. Water -Well ALLOWANCE 4$ ,000.00
C. Water Heater - Rinnai ALLOWANCE $ 1,0000
XVIV. MISCELLANEOUS
A. Include one (1) 36 inch gas fireplace as shown on schematic plan with a cultured stone
surround and mantels (refer to plan). Fireplace to have stainless B-Vent flue (non-masonry).
Cultured stone from floor to ceiling inside and from floor to mantel outside.
B. Price based upon final building plans sigaed by SCI and OWNER Price based upon
preliminary schematic plan provided by owner totaling approximately 2, 380 square feet (lg`
floor).
TOTAL PRICE: $ 394, 270.U0
ALL UNUSED ALLOWNACES WILL BE RETURNED TO OWNER AND/OR OFFSET
AGAINST FINAL CONSTRUCTION DRAW PER SCHEDULE. THE CONTRACT PRICE
WILL BE INCREASED IN ACCORDANCE WITH PARAGRAPH III. CONTRACT PRICE
PER AGREEMENT. TO SAFEGUARD AGAINST MATERIAL COST ESCALATION AND
DOWWARD ADJUSTMENTS NOT REFLECTED IN THE ORIGINAL BID PRICE,
MATERIAL SUPPLIERS WILL BE REQUESTED TO GUARANTEE PRICES AND PERMIT
DOWNWARD PRICE ADJUSTMENTS. ALSO, TO SECURE FAVORABLE PRICING, THE
OWNER COULD BE REQUESTED TO DEPOSIT MONIES HELD IN AN ESCROW
ACCOUNT IF NOT USED TO PURCHASE MATERIALS TO GUARANTEE PRICING
BEYOND 45 DAYS FOR ROOFING AND FRAMING MATERIALS BEFORE MARCH 12,
2012.
OWNER February 3, 2012
rt J. stet Title
GENERAL
~ CONTRACTOR
• ~ Sechrist Construction, Inc.
February 3, 2012
Eric L. Sechrist, President Title
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~ Robert J. Harpster
Page 1 of 2
Disbursement Schedule
Ezhibit "A" To Construction Loan Agreement
Attached to and forming part of the Construction Loan Agreement, dated
between Robert J. Hamster and Members lat Federal Credit Union.
Percentage of
Construction *Approximate
Draw Number Loan Account Dollar Amount Status of Construction
First Draw 20.00% $ X6.584.00
*BORROWER PAYS
ADDT'L S S 42, 270.00
Second Draw 25.00% $ 98. 567.50
Third Draw 25.00% $ 98.567.50
Fourth Draw 20.00% $ 78, 854.50
Fifth Draw 10.00% $ 39.427.00
Tota] 100.00% $
When the following items are complete:
Permits (Pre-paid by Owner)/Staking,
Excavation/Lot Prep, Footer/Foundation, Inside
and Outside Footer Drain, Stone Fill within
Footer for Basement Floor, Wel]/Water Tap
in.
When the following items are complete:
Foundation walls (basement and garage), Framing to
include: Joist, &Sub-floors, Pour Basement floor,
Basement Wall Waterproofing, Exterior Sheathing, House
Wrap, Roof, Windows and Exterior Doors.
When the following items are complete:
Exterior Siding (including; Dryvit®, stone, aluminum/
vinyl soffit/facia), Electric Rough-in, Plumbing Rough-in,
Heating/Cooling (Geothermal) System Rough-in to
Include Wells and Loops, All Wall and Ceiling Insulation,
Drywall, and Fireplace,
When the following items are complete:
Septic System Rough-in, Interior Doors, Trim/Hardware,
Kitchen Cabinets & Tops.
When the following items are complete:
Finish: (Electric; Heating/Cooling (Geothermal);
Plumbing; Septic Systems), Gutters and Downspouts,
Final Lot Grading. Ready for Occupancy (except for any
work specifications not part of this contract).
* CONTRACT PRICES 394, 270.00
Robert J. Harpster, Borrower, is responsible for installation and purchase of all flooring,
and shower tile, vinyl siding, walkwayldriveway, grass seeding, drywall ceiling in basement,
painting and rear deck related materials as referenced in the building plans and specifications.
Those installations will be performed in accordance with the established construction schedule.
, k
Robert J. Harpster
Page 2 of 2
Disbursement Schedule
h E~chibit "A" To Construction Loan Agreement (Continued)
* The "Approximate Status of Construction" and the completion of the requirements for each draw are estimates only,
and no draw shall be conditioned upon the completion of any specific item. The requirements of each draw shall be
complete as determined within the sole discretion of the Lender. All draws by the Contractor will require the approval of
the Borrower.
Lender Nam : embers 1" Fe ral t Union
ert J arpst Borrower
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Scale: 1/4" • 1'.0" pROJECT:
Date: 2/3/2012 ROBERT J. HARPSTER
A-1 LOCATION: SIDDONSBURG FS1'ATES
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SHEET: FRONT & REAR ELEVATION
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Date: 2/3/2012 ROBERT J. HARPSTER
LOCATION: SIDDONSBURG ESTATES
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LOCATION: SIDDONSSURG ESTATES
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SFLEET: FOUNDATION
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Sechrist Construction, Inc.
804 Darla Road
Mechanicsburg, PA 17055
Phone: {717) 691-1332
Fax: (717) 691-1282
D TO
Robert J. Harpster
t,ot 10, Siddonsburg Estates
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CHANGE ORDER
DATE CHANGE O O.
3!2812012 1
QUANTITY DESCRIPTION RATE AMOUNT
1p" Block Deck Wall - 4 Courses
' Material & Labor 975.00
Overhead 8 Profit -15
/' ~
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PAYMENT TERMS: DUE WITHIN 15 DAYS
OF RECEIPT.
Sales Tax {Included above as required) `
Thank You! TOTAL 1121.00
~~ ,
EXHIBIT B
Sechrist Construction, Inc.
804 Darta Raad
Mechanicsburg, PA 77055
Phone: (717} 891-1332
Fax: (717}691-1292
TO
Robert J. Harpster
Lot 10, Siddonsburg Estates
CHANGE ORDER
DATE CHANGE ORDER NO.
3126/2012 2
QUANTITY DESCRIPTION RATE AMOUNT
Add Rebar to right and left basement walls:
Vertical Rebar 267.00
Horizontal Rebar 136.00
Extra Rental for Window in basement 65.00
468.00
Overhead & Profit -1b°h T0.00
~~
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PAYMENT TERMS: DUE WITHIN 15 DAYS
OF RECEIPT.
Sales Tax (Included above as required)
Thank You! TOTAL s3s.oo
Sechrist Construction, Inc.
804 Darla Road
Mechanicsburg, PA 17055
Phone: (717) 691-1332
Pax: (71 T) 691-1292
TO
Robert J. Harpster
Lot 10, Siddonsburg Estates
CHANGE ORDER
DATE GRANDE ORDER NO.
3/28!2012 3
QUANTITY DESCRIPTION RATE AMOUNT
Rent a Storage container for material storage
4 months rental
Cost 561.00
Bob Harpster pay 112 -280.00
Balance Due 281.00
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PAYMENT TERMS: DUE WITHIN 15 DAYS
OF RECEIPT.
Sales Tax (Included above as required)
Thank You! TOTAL 2s1.oo
Sechrist Construction, Inc.
804 Daria Road
Mechanicsburg, PA 17055
Phone: (717j 691-1332
Fax: (717j 691-1292
TO
Robert J. Harpster
Lot 10, Siddonsburg Estates
CHANGE ORDER
DATE CHANGE ORDER HO.
3!2712012 4
QUANTITY DESCRIPTION RATE .AMOUNT
Customer request:
Mortar Changed from Type S to
mortar Type M
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3
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ErEc Sechrist, resident
R J. ter
Thank Youl TOTAL
Sechrist Construction, Inc.
804 Darla Road
Mechanicsburg, PA 17055
Phone: (717 691-1332
Fax: (71'~ 691-1282
TO
Robert J. Harpster
Lot 10, Siddonsburg Estates
CHANGE ORDER
DATE CHANGE ORDER NO.
6/111Z01Z 6a
QUANTITY DESCRIPTION RATE AMOUNT
Frame out window opening with 2 treated
2x 12x12 "
Install window
1 tube of sfiicone caulk
20' of window tape
Material 62.00
Labor - 2 hours 80.00
Total 142.00
Overhead 8 Profit 16% 9.00
Total Due 1b1.00
PAYMENT TERMS: DUE WITHIN 16 DAYS
OF RECEIPT.
Sales 'rax (Included above as r uire
~~,(/~.
~/
Thank Youl TOTAL 151.00
Sechrist Construction, inc.
804 Darla Road
Mechanicsburg, PA 17055
Phone: (717) 691-1332
Fax: (717) 691-1292
(SUBMITTED TO I
J. Harpster
onsburq Estates
CHANGE ORDER
DATE CHANGE ORDER NO.
5/11/2012 6a
QUANTITY DESCRIPTION RATE AMOUNT
Extra pipe for window wells
Material 193.06
Labor - 4 hours 160.00
Total 353.06
Overhead & Protit 16°k 28.96
Total Due 382.01
PAYMENT TERMS: DUE WITHIN 15 DAYS
OF RECEIPT.
Sales Tax (Included above as required)
Thank You! TOTAL 3a2.o1
Sechrist Construction, Inc.
804 Darla Road
Mechanicsburg, PA 17055
Phone: (717) 691-1332
Fax: (717) 691-1292
(SUBMITTED TO I
J. Harpster
onsburq Estates
CHANGE ORDER
DATE CH_AN(3E ORDER NO.
5/1112012 ~ 7a
QUANTITY SCRIPTION RATE OUNT
Extra water proofing for foundation wall.
Right $ left sidOs.
Cost - 233 sq. ft. 236.33
PAYMENT TERMS: DUE WITHIN 16 DAYS
OF RECEIPT.
Sales Tax (Included above as required)
_~
k r'
~U i
Thank You! TOTAL 235.33
Sechrist Construction, Inc.
804 Darla Road
Mechanicsburg, PA 17055
Phone: {717) 681-1332
Fax: {717) 891-1282
(SUBMITTED TO ~
J. Harpster
~nsbura Estates
CHANGE ORDER
DATE CHANGE ORDER NO.
4!23/2012 8
QUANTITY SCRIPTION RATE MOUNT
Extra loads of stone to fill back patio
Inside and out
' Material 1226.86
0~~
~~
Thank You! TOTAL 1226.86
Sechrist Construction, Inc.
804 Darla Road
Mechanicsburg, PA 17055
Phone: (717) 691-1332
Fax: (717} 691-1292
(SUBMITTED TO I
Robert J. Harpster
Lot 10, Siddonsburg Estates
CHANGE ORDER
DATE CHANGE ORDER NO.
5/28/2012 9
QUANTITY SCRIPTION RATE MOUNT
6 pc. 2" x 2' x 8' R10 Foamular 250 103.86
5 Tubes PL Premium Adhesive 37.00
Material 140.86
.~~3 ~Z
Thank You! ~ TOTAL 1ao.ss
Sechrist Construction, Inc.
804 Darla Road
Mechanicsburg, PA 17055
Phone: (717) 891-1332
Fax: (717) 691-1292
(SUBMITTED TO ~
Robert J. Harpster
Lot 10, Siddonsburg Estates
CHANGE ORDER
DATE CHANGE ORDER NO.
b12912012 - 1
QUANTITY SCRIPTION RATE MOUNT
One (1) load of 26 Stone
Back fill garage footer with stone
Back fill house footer with 8" of extra stone
Material Cost:
23.06 tons ~ 613.85 per ton/tax 19.29 340.84
Cy~
~ ~ ~ ~Z
Thank Youl TOTAL 34o.s4
Sechrist Construction, Inc.
804 Darla Road
Mechanicsburg, PA 17055
Phone: (717) 691-1332
Fax: (717) 691-1292
TO
Robert J. Harpster
Lot 10, Siddonsburg Estates
CHANGE ORDER
DATE ~ CHANGE ORDER NO.
5/29/2012 11
QUANTITY SCRIPTION RATE MOUNT
Add four (4) i' x 1' Drywall columns in
Dining room and Great room
Material S Labor 654.00
(.~ S ~~~ Z
Thank You! TOTAL sba.oo
Sechrist Construction, Inc.
804 Darta Road
Mechanlcsburg~ PA 17055
Phone: {717) 691-1332
Fax: (717) 681-1282
(SUBMITTED TO I
Robert J. Harpster
Lot 10, Siddonsburg Estates
QUANTITY SCRiPTION RATE AMOUNT
Additional cost to use Keene (.020) on exterior
of house at stone areas
approximately 750 sq. ft.
Material & Labor 660.00
~G~~
Thank You! TOTAL 650.00
CHANGE ORDER
DATE CHANGE ORDER NO.
6/29/2012 12
~-
, ~ ~
Sechrist Construction, Inc.
844 Darla Road
Mechanicsburg, PA 17055
Phone: (717) 691.1332
Fax: (717}691-1292
TO
Robert J. Harpster
Lot 10, Siddonsburg Estates
CHANGE ORDER
DATE CHANGE ORDER NO.
9/12/2012 13
QUANTITY DESCRIPTION RATE AMOUNT
Change from steel doors to fiberglass doors
3 steel exterior doors 1,407.09
3 fiberglass doors 1,731.29
Thank Youi t~ TOTAL 32a.2o
,~ , .
Sechrist Construction, Inc.
804 Darla Road
Mechanlcsburg~ PA 17055
Phone: (717f 691.1332
Fax: (717y 681-1292
ITTED TO
Robert J. Harpster
Lot 10, Siddonsburg Estates
CHANGE ORDER
DATE GRANDE ORDER NO.
9H212012 14
i
_%
QUANTITY DESCRIPTION RATE AMOUNT
1 load of #2B washed stone for retai g walls 331.87
i
Thank You! TOTAL. 331.97
x
Sechrist Construction, Inc.
804 Darts Road
Mechanicsburg, PA 17055
Phone: (717) 691-1332
Fax: (717}691-1292
SUBMITTED TO
Robert J. Harpster
Lot 10, Slddonsbu Estates
CHANGE ORDER
OATS CHANGE ORDER NO.
9112/2012 15
~~
QUANTITY DE3CRlPTION RATE AMOUNT
Make flashing for stone drip cap under vMyl
siding
Materlai -1-112 rolls 141.04
Labor 160.00
Thank You] TOTAL 3oi.oa
~,
Sechrist Construction, Inc.
804 Darla Road
Mechanicsburg, PA 17055
Phone: (797) 691-1332
Fax: (717)691.1292
SUBMITTED TO
Robert J. Harpster
Lot 10, Siddonsbur Estates
CHANGE ORDER
DATE CHANGE ORDER NO.
9l9zizo92 9s
QUANTITY DESCRIPTION RATE AMOUNT
lnsulatlon done by }fomeowner
Framing Inspection 6129!12
Final lnsulatlon inspection 8/6/12
Credit -5298.00
Thank Youl TOTAL -s29s.oo
1N I 1
Sechrist Construction, Inc.
804 Daria Road
Mechanicsburg, PA 17055
Phone: (71 n 691-i 332
Fax: (717) 691-1292
SUBMITTED TO
Robert J. Harpster
Lot 10, Siddonsbu Estates
CHANGE ORDER
DATE CHANGE ORDER NO.
811212012 i7
--/
QUANTITY DESCRIPTION RATE AMOUWT
Change color 8 finish of dryvlt
Color -Oyster Shell to Suede
Flnlsh -Freestyle to Quarzputz
Change color cost 168.12
Change finis 160.00
Thank You! TOTAL 32s.12
~ 1 ~ ~
Sechrist Construction, Inc.
804 Daria Road
Mechanicsburg PA 17055
Phone: (717 691-1332
Fax: (717} 691-1292
SUBMITTED TO
Robert J. Harpster
Lot 10 Siddonsbu Estates
CHANGE ORDER
DATE CHANGE ORDER NO.
9112/2012 1$
QUANTITY DESCRIPTION RATE AMOUNT
Change completion date from
September 17th to November 7th
Date change due to work completed'By Owner':
Insulation delay
Kitchen & counter top delay
Hardwood & ceramic floor delay
Ceramic shower & tub surround d lay
and other exterior Ite I[ [n
contract
r
Thank Youl TOTAL o.oo
-~-,
Sechrist Construction, Inc.
804 Darla Road
Mechanicsburg, PA 17055
Phone: (717) 691.1332
fax: (717) 691-1292
SUBMITTED TO
Robert J. Harpster
Lot 10, Siddonsbur Estates
CHANGE ORDER
DATE CHANaE ORDER NO.
91121zo12 19
QUANTITY DESCRIPTION RATE AMOUNT
install 4 618" crown in front bedroom and
main bathroom
Material ~ 67.16
2 men ~ 4112 hr Labor 360.00
Thank Youl TOTAL a27.1s
Sechrist Construction, lnc. CHANGE ORDER
804 Darla Road
Mechanicsburg, PA 17055
Phone: (717) 691-1332
Fax: (717) 681-1282
SUBMITTED TO
Robert J. Harpster
Lot 10, Siddonsbur Estates
DATE CHANGE ORDER NO.
8/21/2012 20
QUANTfTY DE$CRlPTION RATE AMOUNT
UPGRADE EXTERIOR CAULKING
Change 6 year exterior caulking to
20 year exterior caulking
400 ft ~ s1.00 per foot
400.00
0
Thank You! TOTAL 400.00
~ ,~-~ .
November 16, 2012
Robert J. Harpster
128 Robin Lane
Apartment M.5
Hummelstown, PA 17036
Dear Mr. Harpster:
This letter will serve as notice to you pursuant to the terms of the Agreement dated
February 3, 2012 that I am exercising my right to stop work and terminate the Agreement due to
your failure to permit payment to me of the fourth draw as a result of the completion of both my
work for that draw to be paid and the required inspections.
You may consider the Agreement terminated effective ten days after the date of this
letter.
Legal action will be initiated against you to recover all payments that are due, costs of
material and all other fees due to me under the Agreement, together with liquidated damages in
the amount often percent of all amounts owed.
Please be guided accordingly.
Yours truly,
Eric L. Sechrist, President
Sechrist Construction, Inc.
EXHIBIT C
BINGAMAN, HESS, COBLENTZ & BELL, P.C.
MAHLON J. BOYER, ESQUIRE
IDENTIFICATION NO.: 91094
TREEVIEW CORPORATE CENTER
SUITE 100, 2 MERIDIAN BLVD.
WYOMISSING, PA 19610
610.374.8377//610.376.3105 (FAX)
ATTORNEYS FOR DEFENDANTS
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
SECHRIST CONSTRUCTION, INC.,
Plaintiff
V.
ROBERT J. HARPSTER,
Defendant
C"3
c
No. 12-7259
?F*7
CIVIL ACTION - LAW,--_co
a
O
O
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
-J..
Fiji-:
Y
i
Kindly enter my appearance on behalf of Defendant, Robert J. Harpster in the above-
captioned proceeding. Direct copies of all notices to:
Mahlon J. Boyer, Esquire
BINGAMAN, HESS, COBLENTZ & BELL, P. C.
Treeview Corporate Center
Suite 100, 2 Meridian Blvd.
Wyomissing, PA 19610
BINGAMAN, HESS, COBLENTZ & BELL, P.C.
--t4? -/ '-?'
Mahlon J. Boyer, squire
Attorney for Defendant
DATE: 1 /) /,3
367358
BINGAMAN, HESS, COBLENTZ & BELL, P.C.
MAHLON J. BOYER, ESQUIRE
IDENTIFICATION NO.: 91094
TREEVIEW CORPORATE CENTER
SUITE 100, 2 MERIDIAN BLVD.
WYOMISSING, PA 19610
610.374.8377//610.376.3105 (FAX)
ATTORNEYS FOR DEFENDANTS
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
SECHRIST CONSTRUCTION, INC.,
Plaintiff
No. 12-7259
V.
ROBERT J. HARPSTER, CIVIL ACTION - LA
Defendant
NOTICE TO PLEAD
TO: Plaintiff, Sechrist Construction, Inc.:
y
YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE
ENCLOSED ANSWER WITH NEW MATTER AND COUNTERCLAIM WITHIN TWENTY
(20) DAYS FROM THE SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED
AGAINST YOU.
MAHLON . BOYER, SQUIRE
DATE: / 11/13
362757
BINGAMAN, HESS, COBLENTZ & BELL, P.C.
MAHLON J. BOYER, ESQUIRE
IDENTIFICATION NO.: 91094 ATTORNEYS FOR DEFENDANTS
TREEVIEW CORPORATE CENTER
SUITE 100, 2 MERIDIAN BLVD.
WYOMISSING, PA 19610
610.374.8377//610.376.3105 (FAX)
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
SECHRIST CONSTRUCTION, INC.,
Plaintiff
No. 12-7259
V.
ROBERT J. HARPSTER, CIVIL ACTION - LAW
Defendant
DEFENDANT'S ANSWER WITH NEW MATTER
AND COUNTERCLAIM TO PLAINTIFF'S COMPLAINT
1. Admitted in part and denied in part. The identified name of the plaintiff is
admitted. The remaining averments are denied. Defendant believes that Plaintiff has multiple
addresses.
2. Admitted upon information and belief.
3. Admitted.
4. Admitted.
5. Denied. Plaintiff refers to a document that speaks for itself and no response is
required.
6. Denied. Plaintiff refers to a document that speaks for itself and no response is
required.
7. Denied. Plaintiff refers to a document that speaks for itself and no response is
required.
362757
4
8. It is admitted only that construction began in March 2012. The remaining
averments are denied as conclusions of law.
9. Denied. Plaintiff refers to a document that speaks for itself and no response is
required.
10. Denied. The averments of paragraph 10 constitute conclusions of law to which no
response is required. In fact, Plaintiff's work was not done correctly nor was it done in a timely
manner, as more fully set forth below in Defendant's Counterclaim.
11. It is admitted only that Plaintiff was paid a third draw. The remaining averments
are denied as conclusions of law.
12. Denied. Plaintiff's work was not correctly performed and payment was not made
due to this. Further, Plaintiff billed for payments to subcontractors even though Plaintiff did not
pay those subcontractors for the work they performed. There is at present unfinished work as
well as work that must be corrected for which draws must be reserved and then paid.
COUNTI
BREACH OF CONTRACT
13. Denied. No response is required.
14, Denied. The averments of paragraph 14 constitute conclusions of law to which no
response is required. Plaintiff's work was not correctly performed and payment was not made
due to this. Further, Plaintiff billed for payments to subcontractors even though Plaintiff did not
pay those subcontractors for the work they performed. There is at present unfinished work as
well as work that must be corrected for which draws must be reserved and then paid.
15. Denied. There were no such interruptions.
16. Denied. Defendant found that drains placed in the basement were clogged and
demanded repair of that situation, which necessarily delayed construction by one day to allow
362757
Plaintiff to make the needed repair. Further, Defendant determined that the subcontractor
retained by Plaintiff for the insulation of the home was not going to install the insulation
pursuant to applicable code requirements. Defendant therefore performed the work. Any delays
were caused by Plaintiff and/or individuals under Plaintiff's control. Plaintiff's work was not
affected by delays but instead was performed improperly by Plaintiff, as more fully set forth in
Defendant's Counterclaim.
17. Denied. The averments of paragraph 17 constitute conclusions of law to which no
response is required. Plaintiff's work was not correctly performed and payment was not made
due to this. Further, Plaintiff billed for payments to subcontractors even though Plaintiff did not
pay those subcontractors for the work they performed. There is at present unfinished work as
well as work that must be corrected for which draws must be reserved and then paid.
18. Admitted.
19. Denied. Plaintiff refers to a document that speaks for itself and no response is
required.
20. Denied. The averments of paragraph 20 constitute conclusions of law to which no
response is required. Plaintiff's work was not correctly performed and payment was not made
due to this. Further, Plaintiff billed for payments to subcontractors even though Plaintiff did not
pay those subcontractors for the work they performed. There is at present unfinished work as
well as work that must be corrected for which draws must be reserved and then paid.
21. Denied. The averments of paragraph 21 constitute conclusions of law to which no
response is required. Plaintiff's work was not correctly performed and payment was not made
due to this. Further, Plaintiff billed for payments to subcontractors even though Plaintiff did not
362757
pay those subcontractors for the work they performed. There is at present unfinished work as
well as work that must be corrected for which draws must be reserved and then paid.
22. Denied. Plaintiff refers to a document that speaks for itself and no response is
required.
23. Denied. The averments of paragraph 23 constitute conclusions of law to which no
response is required. Plaintiff's work was not correctly performed and payment was not made
due to this. Further, Plaintiff billed for payments to subcontractors even though Plaintiff did not
pay those subcontractors for the work they performed. There is at present unfinished work as
well as work that must be corrected for which draws must be reserved and then paid. The
amounts claimed by Plaintiff are specifically denied.
24. Denied. The averments of paragraph 24 constitute conclusions of law to which no
response is required. Plaintiff's work was not correctly performed and payment was not made
due to this. Further, Plaintiff billed for payments to subcontractors even though Plaintiff did not
pay those subcontractors for the work they performed. There is at present unfinished work as
well as work that must be corrected for which draws must be reserved and then paid. The
amounts claimed by Plaintiff are specifically denied.
25. Denied. The averments of paragraph 25 constitute conclusions of law to which no
response is required. Plaintiffs work was not correctly performed and payment was not made
due to this. Further, Plaintiff billed for payments to subcontractors even though Plaintiff did not
pay those subcontractors for the work they performed. There is at present unfinished work as
well as work that must be corrected for which draws must be reserved and then paid.
WHEREFORE, Defendant respectfully requests that this Honorable Court enter judgment
in his favor and against Plaintiff with prejudice and costs, including attorneys' fees.
362757
COUNT II
UNJUST ENRICHMENT
26. Denied. No response is required.
27. Denied. The averments of paragraph 27 constitute conclusions of law to which no
response is required.
28. Denied. The averments of paragraph 28 constitute conclusions of law to which no
response is required. Plaintiff's work was not correctly performed and payment was not made
due to this. Further, Plaintiff billed for payments to subcontractors even though Plaintiff did not
pay those subcontractors for the work they performed. There is at present unfinished work as
well as work that must be corrected for which draws are not be reserved and then paid.
29. Denied. The averments of paragraph 29 constitute conclusions of law to which no
response is required. Plaintiff's work was not correctly performed and payment was not made
due to this. Further, Plaintiff billed for payments to subcontractors even though Plaintiff did not
pay those subcontractors for the work they performed. There is at present unfinished work as
well as work that must be corrected for which draws are not be reserved and then paid.
30. Denied. The averments of paragraph 30 constitute conclusions of law to which no
response is required. Plaintiff's work was not correctly performed and payment was not made
due to this. Further, Plaintiff billed for payments to subcontractors even though Plaintiff did not
pay those subcontractors for the work they performed. There is at present unfinished work as
well as work that must be corrected for which draws are not be reserved and then paid.
WHEREFORE, Defendant respectfully requests that this Honorable Court enter judgment
in his favor and against Plaintiff with prejudice and costs, including attorneys' fees.
NEW MATTER
31. Defendant incorporates paragraphs 1-30 of his Answer as if fully set forth herein.
362757
32. Plaintiff's Complaint fails to state a claim upon which relief may be granted.
33. Plaintiff s claims, if any, may be barred by the applicable statute of limitations.
34. Plaintiffs claims, if any, may be barred and/or substantially reduced by the
doctrines of accord and satisfaction, arbitration and award, consent, duress, estoppel, failure of
consideration, impossibility of performance, justification, payment, release, and truth and waiver.
35. The amounts sought by Plaintiff are specifically denied. Plaintiff is requesting
payment for work that was not properly performed and for which repairs will need to made and
then paid for.
36. Plaintiff is also requesting amounts allegedly paid to subcontractors. However,
Defendant made direct payments to those subcontractors. Plaintiff is attempting to bill for
payments it never made.
37. Plaintiff did not properly perform its work. Plaintiff's work did not comply with
applicable standards.
38. Plaintiff did not finish construction of the home. Defendant is going to have to
pay to have the construction completed.
39, For all of the foregoing reasons, Defendant is not liable to Plaintiff in anyway.
WHEREFORE, Defendant respectfully requests that this Honorable Court enter judgment
in his favor and against Plaintiff with prejudice and costs, including attorneys' fees.
COUNTERCLAIM
40. Defendant incorporates paragraphs 1-39 of his Answer as if fully set forth herein.
41. Defendant retained Plaintiff to construct a residential home for Defendant
pursuant to that certain Agreement, dated February 3, 2012. A true and correct copy of the
Agreement is attached hereto as Exhibit "A".
362757
42. Plaintiff began its work on Defendant's home in March 2012.
43. As stated in Exhibit "B" attached hereto, which is incorporated as if fully set forth
herein, Plaintiff's work on the home was improper and did not conform to applicable
construction standards nor code regulations. Plaintiff breached the Agreement of the parties due
to its improper work.
44. The improper work of Plaintiff on the home remains at present, for which repairs
will need to be made. Most egregious, is Plaintiff's improper installation and construction of the
block-wall foundation of the home.
45. Plaintiff did not install the block-wall foundation of the home correctly and there
is at present water infiltration into the home. Further, the block-wall foundation was not
properly anchored to the footer of the home, which could cause severe damage going forward
upon the occurrence of settlement.
46. Further, as stated in Exhibit "B", Plaintiff billed Defendant for payments to
subcontractors that Plaintiff did not make. Instead, Defendant made direct payments to the
subcontractors, including payments for the installation of kitchen cabinets and appliances.
47. Also, Defendant determined that the subcontractor retained by Plaintiff for the
insulation of the home was not going to install the insulation pursuant to applicable code
requirements. Defendant therefore performed the work.
48. Plaintiff agreed to pay Defendant for the installation of the insulation at the home,
but did not do so. The balance owed by Plaintiff to Defendant remains due and owing.
49. Plaintiff stopped its work on the home before construction was complete.
Defendant is going to have to retain others to finish construction of the home, for which
Defendant will have to pay.
362757
50. Plaintiff owes to Defendant amounts for work that was improperly performed and
must be repaired, work on the home that remains incomplete, and for Defendant's installation of
the insulation at the home, which Plaintiff agreed to pay for.
51. As more fully set forth in the attached Exhibit "C", which is incorporated as if
fully set forth herein, the total amount owed by Plaintiff to Defendant at present is $193,018.70,
for which demand is made.
COUNTI
BREACH OF CONTRACT
52. Defendant incorporates paragraphs 1-51 of his Answer as if fully set forth herein.
53. Defendant retained Plaintiff to construct a residential home for Defendant
pursuant to that certain Agreement, dated February 3, 2012.
54. Plaintiff began its work on Defendant's home in March 2012.
55. Plaintiffs work on the home was improper and did not conform to applicable
construction standards nor code regulations. The improper work of Plaintiff on the home
remains at present, for which repairs will need to be made. Plaintiff is responsible for the
payment of these repairs to correct its work.
56. Defendant installed the insulation at the home, for which Plaintiff agreed to pay
Defendant. The balance owed by Plaintiff to Defendant for the installation of the insulation
remains due and owing.
57. Plaintiff stopped its work on the home before construction was complete.
Defendant is going to have to retain others to finish construction of the home, for which
Defendant will have to pay. Plaintiff is responsible for the payments necessary to complete the
construction of the home.
362757
58. The total amount owed by Plaintiff to Defendant is $193,018.70, for which
demand is made.
59. All of Plaintiffs actions described herein are in breach of the Agreement between
Plaintiff and Defendant, for which Plaintiff is liable.
WHEREFORE, Defendant respectfully requests judgment in his favor against the
Plaintiff for the total amount of $193,018.70 plus all costs of suit, interest and attorney's fees.
COUNT II -
UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION ACT
60. Defendant incorporates Paragraphs 1-59 of his Answer as if fully set forth herein.
61. By reason of the foregoing acts, Plaintiff engaged in unfair competition and trade
practices.
62. Plaintiff owes to Defendant the total amount of $193,018.70, for all of the reasons
set forth above.
63. Plaintiff is liable to Defendant pursuant to the Unfair Trade Practices and
Consumer Protection Act ("UTPCA")
WHEREFORE, Defendant respectfully requests judgment in his favor against the Plaintiff
for the total amount of $193,018.70, plus treble damages, attorney's fees and all costs of suit.
BINGAMAN, HESS, COBLENTZ & BELL, P.C.
- -PQI? / 4 /?
Mahlon J. Boyer, E quire
Attorney for Defendant
362757
VERIFICATION
I, Robert Harpster state and aver that the facts set forth in Defendant's Answer to Plaintiff's
Complaint are true and correct to the best of my knowledge, information and belief. I understand
that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating
to unworn falsification to authorities.
obert H ster
Dated:
AGREEMENT
This agreement made this 3rd day of February 2012, by and between Sechrist
Construction Inc., a Pennsylvania licensed Corporation, of Mechanicsburg, Pennsylvania,
hereafter referred to as "Contractor":
AND
Robert J. Harpster, residing at 128 Robin Lane, Apartment M.5, Hummelstown,
Pennsylvania, 17036, whether singular or plural, hereinafter referred to as "Owner".
Now, therefore, in consideration of the mutual covenants and agreements hereinafter provided,
the parties hereto agree as follows:
1. SCOPE OF WORK
Except as provided Iiereinbelow, Contractor agrees to furnish and supply all the material, labor,
equipment, scaffolding, implements, tools and services necessary for the construction and
erection of a dwelling house upon the premises of Owner situate in York County, hereinafter
referred to as the "Project Site", in accordance with certain plans and specifications
( attached hereto ) to be dated and initialed by Owner prior to commencement of work.
All material delivered by Contractor to the project site for use in the construction of said
dwelling house shall remain the property of Contractor until completion of the work.
Notwithstanding the foregoing general statement of scope of work, the parties agree that the
following portions of the work shall be performed by Owner and not by Contractor:
a. Acquisition of building permit and septic permit
b. Exterior vinyl siding
c. Finish flooring, e.q. hardwood and ceramic the
d. Ceramic file shower stall
e. All painting (exterior and interior)
L interior decoration
g. "4'tValk and stoops
h. Driveway
i. Deck at rear of house.
j. Fine grading, sod or seed & landscaping
k. Any work in specifications not part of this contract.
Owner agrees to provide all material and labor to perform the foregoing items in a timely
manner, so as not to interfere with Contractor's performance.
page 1 of 8
U. TIME OF COMPLETION
The work to be performed under this agreement shall be commenced by Contractor on or
about March 12, 2012, and shall be substantially completed on or about September 17, 2012,
at least to the point where Owner shall be able to occupy the same at that time, except that
in the event of delay reasonably caused by fire, cyclone, wind storm, unavailability of
materials, abnormal weather conditions, delay caused by Owner's failure to make payment
under this agreement or to perform or complete"any work which is not the responsibility of
Contractor, or any other cause beyond the control of Contractor, the aforesaid time of
completion shall be extended for a period of time equal to such period of delay.
Owner agrees to permit Contractor to begin work by the aforesaid commencement date and
upon bank approval date. Should the Owner`s commencement date be delayed beyond the
commencement date established above, the completion date shall be extended for a period
of time equal to such delay.
M. CONTRACT PRICE
Owner shall pay to Contractor, for the materials, labor and services performed or supplied by
Contractor hereunder, the sum of S 394,270.00 (Three Hundred Ninety-Four Thousand, Two
Hundred Seventy Dollars), which sum may hereafter be increased or decreased in
accordance with paragraphs four (IV) and eight (VIII), hereinbelow.
The aforesaid contract price shall be paid by Owner to Contractor in accordance with the
draw schedule, attached hereto and incorporated herein by reference thereto.
The agreement is subject to the OWNER obtaining construction financing loan in the amount
of $350,000. (Three hundred fifty thousand dollars) and the bank approval of the Contractor.
Owner Breach of Contract
If any payment is not made by Owner or the Owner's Lending Institution as provided in draw
schedule after completion of required inspections (Lending Institution, Owner and
Building Inspectors), Contractor shall have the right upon (10 days written notice to Owner
stop work and terminate this agreement and to recover from Owner, at Contractor's option,
payment for all work exbcuted and the cost of materials, rental equipment and related
construction equipment rental fees supplied to the premises and used up to that point for those
costs which were not received from the Lending Institution and/or Owner, with ten(10) percent
as liquidated damages and not as penalty.
page 2 of 8
Contractor Breach of Contract
If the Contractor has not performed in accordance with the contract terms, conditions and
specifications, Owner shall have the right to terminate this Contract, provided that Owner gives
written notice to Contractor of the deficiency and Contractor fails to remedy the deficiency
within ten (10) business days after receipt of said notice. Upon lawful termination of this
Contract, Contractor shall reimburse Owner the reasonable cost of removal of the deficient
work or materials together with ten percent (10%) as liquidated damages and not as penalty.
Owner shall pay Contractor for all satisfactory construction prior to such termination.
IV. CHANGES IN PLANS AND SPECIFICATIONS
The work under this agreement shall be performed in accordance with the plans and
specifications hereinabove described and no changes or alterations in such work, nor any
extra work, shall be made or performed except upon written order of Owner. The contract
price shall be adjusted in accordance with additions to or reductions from the total cost of the
project occasioned by such changes, alterations or extra work. This paragraph does not
apply to paragraph eight (VIII) hereinbelow.
Payment provisions for changes are outlined in paragraph ten (X) hereinbelow.
V. LICENSES AND PERMITS
Owner shall, at their own cost and expense, obtain and pay for all licenses, permits, certificates,
and surveys required for the completion of the work under this agreement beyond those
services outlined in the contract specifications. Contractor shall assist in obtaining such
licenses, permits, certificates and surveys to the best of their ability.
page 3 of 8
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VI. INSURANCES
Contractor shall provide Workermen's Compensation insurance covering their employees,
if any, and such appropriate public liability insurance and shall cover the following
contingencies:
a. Personal injury or death suffered by anyone other than employees; and
b. Claims for damages to real or personal property which may arise both out of
and during the performance of the work under this agreement,whether such
operations be by itself or by any subcontractors or anyone directly or indirectly
employed by either of them; and
c. Agree to provide a certificate of insurance evidencing the above coverage at the
time of or prior to mortgage settlement.
d. All sub-contractors will have in force General.Liability (minimum 1 million dollars)
and Workman's Compensation throughout the construction and warranty period.
VII. OWNERS' INSURANCE
Owner shall purchase and maintain fire insurance and property insurance upon the premises,
the building and the work, to the full insurable value thereof, which insurance shall include
the interest of Owner and Contractor and shall insure against,the perils of fire, vandalism,
malicious mischief and extended coverage.
pago 4 or 8
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VIII. ALLOWANCES
The contract price includes allowances for the following amounts for the following items of
work:
a. Building Permit By Owner.
b, Excavation $6,000.00
c, Well $4,000.00
d. Septic System $12,000.00
c. Grass Seeding By Owner.
f. Lighting Fixtures $4,000.00
g. Bathroom Accessories $800.00
h. Plumbing Fixtures $6,050.00
I. Shelving Allowance $1,000.00
j. Flooring & Ceramic Tile and Shower Tile By Owner.
k. Custom and Stock Kitchen Cabinets, Countertops,
Built-ins and Vanities $28,000.00
1. Ground Source Heating/Air Conditioning System $24,723.00
m. Rinnai Water Heater $1,000.00
n. Front Door $2,000.00
o. Garage Door $1,550.00
p, Garage Door Opener $450.00
q. Painting By Owner.
r. Insulations $5,298.00
s. Drywall ceiling in basement By Owner.
Total Fined Allowances $96,871.00
If the total actual cost of all fixed allowances exceed the total fixed allowance hereinabove, the
contract price shall be increased by the amount of such excess. If the total actual cost of all
fixed allowances shall be less than the total fixed allowance hereinabove, the contract price
shall be reduced by the amount of such deficiency. Paragraph four (IV) mentioned above does
NOT apply to any overages Included In the above allowances,
IX WARRANTIES
Contractors warrant to Owner that all materials used in the project will be new unless otherwise
specified. Contractor shall have the right to make substitutions of materials shown on the
plans and specifications, provided that the substituted materials shall be of like or better
quality as the original materials, provided the materials specified in the contract are not
currently available and all substitutions are approved in advance by the Owner.
page 5 of 9
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IX. WARRANTIES (coot
Contractor shall assign and transfer to Owner such warranties as are provided by the
manufacturer of any materials, appliances or other goods used in the project, otherwise, all
such materials, appliances, or other goods are sold to Owner "as is" and Contractor, for
themselves, do not in anyway warrant the merchantability of such materials, appliances, or
other goods or that they are fit for any particular purpose.
Contractor do not warrant or guarantee materials provided by Owner for incorporation into
the project.
Contractor warrant to Owner that all work will be performed in a good and workmanlike
manner. All materials and labor are guaranteed against defects for a period of one (1) year
from the date of occupancy.
Because Contractor have not selected the building site or the particular type or style of
dwelling to be erected thereon, Contractor make no determination, representation or warranty
of any kind, express or implied, as to the suitability of the project site for building or its fitness
for the dwelling house described In the plans and specifications.
X. OTHER PROVISIONS
A. The services with Contractor are to provide underlhis contract do not include
the following items:
1. Services that are not listed under this contract (i. e. extra work, material,
etc., requested by Owner)
The Contractor is willing and able to provide the above services upon written
order of Owner and to charge Owners, therefore, the cost of same to Contractor
plus mark-up for overhead and profit of five (5) percent and ten (14) percent,
respectively. Such charges, if any, shall be billed separately by Contractor to
Owner upon completion of same, and shall be paid by Owner to Contractor within
five (5) days after such billing, which payment shall be in addition to schedule of
payments set in paragraph four (IV) above.
page 6 orb
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K OTHER PROVISIONS (cont.
B. Owner shall not move into or occupy the said dwelling house without the
WRITTEN CONSENT of Contractor unless and until FULL CONTRACT
PRICE, with any adjustments thereto, and all payments for changes, extras
and/or additional services, above, have been paid to Contractor, provided
however, that. Contractor shall not be in default of any obligation under this
agreement.
C. If rock is encountered, Owner will pay for rock blasting and any other rock
removal means from the excavation/rock allowance. Any costs in excess of the
allowance shall be an additional cost to the contract price.
D. Any trees or stumps to be removed from the project site shall be paid for, in
addition to the contract price, by the Owner.
E. If there is any changes on the approved plans and specifications, a change order
will be issued stating the change and the price difference.
F. The Contract scope of work and price does not include repair or replacement of
cracks in concrete. Cracking is inherent to concrete and cannot be completely
eliminated. Contractor will utilize their best judgment and industry knowledge
to prevent/minimize cracking; however, no guarantees or warranties against
cracking are expressed or implied.
G. The contract scope of work and price does not include repair or replacement of
cracks in drywaII at vaulted or cathedral ceilings (where drywall is directly
attached to rafters). Contractor will utilize their best judgment and industry
knowledge to prevent/minimize cracking; however, no guarantees or warranties
against cracking are expressed or implied.
H. If unsuitable soil is encountered at proposed footing elevations requiring over-
excavation and/or additional costs related to extra concrete or foundation block
to obtain proper bearing, the extra costs will be the responsibility of the Owner
and added to the contract amount via change order at the rates established above.
Not subject to Section X, paragraph A overhead and profit percentages.
1. The contract is based upon a sloped lot with exposed basement walls,
page 7of8
X. OTHER PROVISIONS (cont.l
I This agreement contains the entire understanding of the parties and there are no
agreements, understandings, representations, warranties, covenants or
undertakings, expressed or implied, not expressly set for herein.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this day and
year for above written, intending thereby to legally bind themselves, their heirs, executors,
administrators and assigns.
Witnessed by:
Eric L. Sechrist, President
abert rps Owner
page 9 of 8
Page 1 of 14
SPECIFICATIONS
New Construction - Residential
OWNER/MORTGAGOR: Robert J. Harpster
SCI: Sechrist ConstructionL Inc., (Eric Sechrist, President)
ADDRESS OF PROPERTY: Lot # 10, Siddonbur Estates states
Sechrist Construction. Inc. (GENERAL CONTRACTOR - (SCI)), shall provide all
necessary labor and materials and perform all work required to complete the building within
the scope of these specifications and referenced "approved" building plans and change orders
and in accordance with the plans attached hereto and made a part hereof except for those
installations including associated material and labor performed by OWNER.
SCI and all approved sub-contractors shall comply with all applicable building
(International Residential Building Code of 2009 (I BC) and sub-division ordinances and
sanitary laws applicable to this work.
Robert J. Harpster (OWNER) will furnish a survey of the building site. All lot # 10
boundaries (corners) including approved Perc septic field have been marked.
The OWNER shall establish the location of the building and grade level with SCI. SCI is
responsible for the building layout with associated approved plans. SCI shall have general
liability (One (1) million dollars minimum coverage) and comply with all insurance
.
requirements of the OWNER as referenced in this agreement. If applicable, the SCI shall
comply with the Pennsylvania Workman's Compensation Laws and applicable insurance
requirements. All SUB-CONTRACTORS of SCI shall have general liability insurance (One
(1) million dollars minimum coverage) and if applicable, every SUB-CONTRACTOR with
employees shall comply with the Pennsylvania Workman's Compensation Laws and applicable
insurance requirements.
SITE PREPARATION
All topsoil from the immediate area of the building and approximately 30 feet around
was scrapped and piled on the lot away from the building site by ROLAND
BUILDERS, INC. (RBI). The exact location in which RBI stored the topsoil has not
been located and possibly combined with other soil during prior excavation efforts
performed on or about August 2, 2011% Soil has been re-deposited in all previously
areas previously excavated by RBI at a depth of approximately 3 lh feet to protect from
possible freezing.
,Page 2 of 14
Excavation efforts to be deployed by SCI shall extend to undisturbed earth at least 6
inches below the previously excavated area, per the OWNER instructions. Prior to any
excavation work by SCI the selected excavator shall provide a plan including any
required fill to elevate the building at the appropriate levels to permit appropriate
drainage.
Building permits: Included (Prepaid by OWNER)
Sewer Permit Allowance: Included (Prepaid by OWNER)
EXCAVATION AND GRADING ALLOWANCE:
The excavation and grading allowance is only an estimate. Unlike other allowances that can be priced .
exactly, the process of excavating can be affected by marry variables Additionally, during construction,
changes can be made to the residential building that will affect the final grading. During construction,
updates will be discussed and provided in writing so that any anticipated overages will be agreed upon
among the SCI and OWNER
H. EXTERIOR WORK
A. Excavation, rock blasting and tree removal and other heavy equipment (loader,
backhoe, skid loader, conveyer, etc. ) costs. Allowance of $ 6,000.00 included in
proposal. Estimate to be provided describing proposed work efforts and materials
based upon building plans and lot survey.
B. Grass Seeding - by Owner
C. Driveway - paver and stone base by OWNER
D. Sidewalks - paver and stone base by OWNER.
E. Front Porch - Stone to be supplied by SCI.
Type: No. 4 Stone
No. 2 Stone
F. Rear Deck Framing, support structure, railings by OWNER
III. FOUNDATION & BASEMENT WALLS
A. FOOTERS Size: 20 inch W z 8 (min) to 10 inches H
Above Ground (Non trench footer)
Form-A-Drain by CertainTeed to be used. Manufacturers recommended installation
procedures to be followed. Steel Pins to be used.
Product Spec. 8 inch x 12 foot, PartNo. LF 128 (Exhibit SCI- I)
Page 3 of 14
'Form-A Drain Position - Since Form-A-Drain serves as non-removable form during
concrete pour, a minimum of 2 inch clearance from initial drain slots to comply with IRBC to
accommodate stone irrigation requirements.
MATERIAL: Concrete/ 3500 PSI (28 Day) with fibermesh according to ACI standards.
Fibermesh specification - Fibermesh 150 by Propex (Exhibit SCI - 2).
Slump Spec: 4 inch
DRAINAGE SYSTEM PIPE SPECHWATON : 'Form-A-DrainTM by CertainTeed.
Manufacturers recommended installation procedures to be followed. Steel Pins every 3
feet or more frequently as needed for support.
Product Desc. 8 inch x 12 inch, Part No. LF 128
REBAR: Two (2) horizontal rows of no. 4 rebar supported by 3 inch rebar stands from
base footer. Refer to rebar diagram (Exhibit SCI -3A).
SUMP PUAW SPECIFICATIONANSTALLED: %Z HP Hydramatic DA 1 with Radon
proof pit.
Footer Dowel Pins - No. 5 Rebar (to be inserted after creating a bored hole into to the footer at
a depth of 3 inches (min). Pins will be placed every 32 inches as reflected in footer dowel pin
print (F-Aibit SCI - 4).
Below Ground (trench footed
MATERIAL. Concrete/ 3500 PSI (28 Day) with fibermesh according to ACI standards.
Fibermesh specification - Fibermesh 150 by Propex (Exhibit SCI - 2).
Slump Spec: 4 inch
REBAR: Two (2) horizontal rows of no. 4 rebar supported by 3 inch rebar stands from
base footer. Refer to rebar diagram (Exhibit SCI -3B).
Rear Deck Footer
MATERIAL: Concrete/ 3500'P_SL( 8 Day) with fibermesh according to ACI standards.
Fibermesh specification - Fibermesh 150 by Propex (Exhibit SCI - 2).
Slump Spec: 4 inch
Dimensions: 8 inches (H), 20 inches (W)
REBAR: None
Page 4 of 14
B. FRONT PORCH - Cement Block (CW 7 Minch foundation wall to be included per plan.
Refer to foundation plan for stone fill requirements.
C. BASEMENT FLOOR Thickness Spec: Min height 4.25 inch (H) Thickness.
Note: Tolerance minus 1/ inch Per ACI
MATERIAL: Concrete/ 3500 PSI (28 Day) fibermesh according to ACT standards
Fibermesh specification - Fibermesh 150 by Propex.
D. BASEMENT WALLS
Note - Refer to foundation plan for detailed description of the usage of.- Ivany Block ®,
CMU, rebar, and locations (Exhibit
Size: 9 foot 4 inch (M x 11 '/z (W) Ivany Block ® and 7'/z (W) CMU Per Plan 9 %z regular
CNN (refer to plans for specific block locations)
REBAR DESIGN - General spec: 11 % inch wall, 1 no. 4 rebar ever other 8 inch horizontal
One (1) no. 5 rebar every 16 inch vertical: every 32 inch no 5 rebar out
of footer (vertical approx 7.5 inch).
E. GARAGE FOUNDATION WALLS Size: 40 inch (14) x 7 %2 inch CAM
(refer to plans for specific block locations)
F. SLAB SUB-BASE - 4 inch (min per IRBC) stone e 2 B
Plastic Vapor Bearer Installed: Six (6) mil puncture-resistant, cross-laminated product
Product Spec/Manf: GripeRite reinforced Poly
G. RADON SYSTEM •- Description of system (establish system for active/passive):
CertainTeed Forma-A-Drain-
H. WATERPROOFING - Product Spec/Manf: Tremco Tuff-N-Dry H-8
Basement Exterior Wall Insulation Board (unexposed basement wall areas) -
Materials and installation by OWNER
I. SUPPORT BEAMS AND POSTS - ***Approved by licensed engineer"* (Exhibit SCI - 6).
Steel Beams: Product Spec/Manf: Per Plan
Wood Beams: Product Spec/Manf : Per Plan
Steel Posts : Product Spec/Manf. Per Plan
Page 5 of 14
***Concrete PSI Validation -
Plant mix ticket to be provided to Owner and plant slump test to be
performed at Hempt, Brothers, Inc., and prior to pour of all footers, wall,
and floors. All concrete to be manufactured at Hempt Brothers, Inc., in
accordance with building plan specifications.
IV. FRAMING SYSTEM
A. FIRST FLOOR JOISTS - T.J.I.s Placement: 16inch O.C.
Manufacturer: Trus Joist MacMillan (210 Series);
Specification: Level Javelin Software dated 11%7/2011 Per Plan and specification sheet.
B. SUB-FLOOR - % inch T&G Advantech Structural Engineered sub-floor
Installation method: Glue (step 1- Locktite PL Premium Polyurethane construction adhesive)
- glue bead entire length of joist. /Nailed; 8D (ring shank), Locations/frequency: 6 inches
on edge and 8 inches in-between; Screwed (spec) No. 8 wood screw, Locations/frequency:
6 inches on edge and 8 inches in-between (Exhibit SCI -- 7A).
C. EXTERIOR STUDS - 2 inch x 6 inch x 9 foot. 16 inch O.C.
No. of Plates: BOTTOM: 1 TOP: 2
D. INTERIOR STUDS - 2 inch x 4 inch x 9 foot, 16 inch O.C.
No. of Plates: BOTTOM: I TOP: Nonbearing 2
E. CEILING JOISTS - 2 inch x 8 inch, 16 inch O.C.
F. EXTERIOR SHEATHING - %2 inch Sheathing APA Exposure Rating: 1
Manf/Series: Advantech Size: 4 ft. x 8 ft,'/z inch
***Installation per manufacturer requirements (Exhibit SCI - 7A & B) and APA Standard for
Sheathing/Sub-floor (Dryvit, Stone, and Vinyl Siding)
H. RAFTERS - 2 inch x 10 inch and 2 inch x 12 inch Locations to be Specified (if required).
(Note: None anticipated, because of Engineered Trusses.)
1. TRUSSES - Engineered on main building and garage 24 inch O.C.
J. HOUSE EXTERIOR/INTERIOR WRAP -
DupontT" Tvvek® Tape: 3 inch tape to be used on all seams (All areas using Du nt-
Tyyek®).
Page 6 of 14
IV. FRAMING SYSTEM (Continued)
Dupont'"" Tyvek® Wrap Cap nails (fastner): refer to installation Spec (All areas using
D6pgnff Tyyek®).
Installation Spec: 8 -10 inch Overlap comers; Secure w/fasteners every 12 -16 inches on
vertical stud line; Overlap horizontal seams 8 inches; Tape all horizontal and vertical seams.
All Exterior Stone/Dryvit Areas - Dupont' TyvekO for Stone & Stucco (Exhibit SCI - 8A
&B).
Interior Stone Areas - Dupont'''" T) vekM for Stone & Stucco (Exhibit SCI - 8 A &
All Vinyl Siding Areas - Dupont"' Tyvek® HomeWrap® T hibit SCI - 8 A & B).
K. SILL SEALER - Reflectix& Sill Sealer
L. SILL PLATE Size: 2 inch x 6 inch x 16 foot
M. HEADERS, ALL FRAME WALLS:
(Each end headers to be securely bearing on at least one jack stud.
Header Size: 2 inch x 10 inch: Exterior: 3.5 inch x 9.25 inch Timberstrand Material.
V. ROOF SYSTEM
A. ROOF SHEATHING - Manf: Advantech sheathing Size: '/z inch x 4 feet x 8 feet
B. FELT=Manufacturer/Series: Tamko Grade: 30 LB Felt
C. DRIP EDGE- Type: Aluminum ManVSpee -Berger Brothers
D. SHINGLES - 30 Year Architectural ManMpec: GAF Timberline
Shingle Exposure low fastened: Nailed 5 5/8 inch exposure 6 Nails per shingle
E. GUTTERS AND DOWNSPOUTS - Continuous Aluminum Manf/Spec: Alcoa.032
F. SOFFITS AND GABLE OVERHANGS - Size: 12 inch dee%
ManVSpec: Alcoa Mastic Vinyl (Vented): Ventura .044
G. FASCIA -Aluminum Manf/Spec: Alcoa Mastic; .019
H. STEP FLASHING LOCATIONS: (none - hip roof)
Page 7 of 14
1. ATTIC VENTILATION - Vent-A Ridge (continuous ridge vent)
Attic Fan (Solar): Supplied by OWNER for installation
VI. GARAGE STRUCTURE
A. GARAGE SLAB- Size: (H) Thickness 51/2 inch
PSI: 4000 PSI
Fibermesh 150 by Propex
Rebar: No. 5 (5/8inch) 2 foot O.C. each way with center
with stone support. Rebar to be installed after
approximately 3 inch of concrete. Wet insertion method.
Expansion joints (1'/ inch by 1/8 inch) to be at the mid-
point forming four (4) squares. Floor will slope to center
with drainage to daylight.
Slump Spec: 4 inch
B. GARAGE DOORS - ALLOWANCE 1,550.00 (Wa)ne Dalton 16 foot (W) x 8 foot (M
9600 Seizes. decorative/steel insulated door)
C. GARAGE DOOR OPENER- ALLOWANCE (INCL INSTALLATION) 450.00
Model No.MP Elite 8550 % by lift master belt drive
D. INERIOR- WALLS & CEILING. ROUNDED CORNERS 1/2 DRYWALL 16 Q .C
Manf: National Gypson
*Laundry Room, Kitchen, Bathrooms and Garage (Fire and moisture proof)
Maof: National Gvnson Series XP
Drywall: Screws Type: 1.25 inch Grabbers;
Pattern: Perimeter 1 screw every 16 inches; interior I screw (48 inch board)
2 (54 inch board) screws in center
Drywall Mud: GP Mid-weight
E. INCLUDES... ONE (1) FLOOR DRAIN IN GARAGE SLAB.
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Page S of 14
VII. WINDOWS/SKYLIGHTS
A. WINDOWS - MANF: Anderson Series: 400 HI-PERFORMANCE. LOW-E (PER PLAN)
***ALL ANDERSON WINDOW SPECIFICATIONS***
LISTED ON PLAN GRILL AND ACCESSORY LIST
(Anderson Window Specifications - Per Plan Mfg_Code Listinsl
ALLOWANCE: $17, 406.000
VIII. DOORS (INTERIOMEXTERIOR)
A. FRONT DOOR-ALLOWANCE $2,000.00
B. EXTERIOR DOORS -
GARAGE TO HSE: Size: 36 inch Standard raised panel steel door
Manf Jeld Wen
GARAGE TO SIDEYARD: Size: 36 inch Nine lite steel door Manf: Jeld Wen
SUNROOM TO DECK: One (1) Anderson Sliding Glass Door - Per Anderson Window
. Specifications (Exhibit SCI - 9)
C. INTERIOR DOORS - Six panel solid core masonite Manf: Masonite; Series: Solid Core
D. INERIOR JAMBS - Installed
E. HARDWARD - Manf: - Schlage Model/series: F
***All Anderson windows and doors will utilized Anderson hardware
per Anderson Window specifications.
IX. INSULATION - Allowance S 5,298
A. EXTERIOR SIDEWALLS - Refer to Quotation Dated January 3, 2012,
American/Hungerford Building Products, except for Type EcoToucV
Manf Owens Cornine (OC) Series R-21
B. INTERIOR SIDEWALLS - Refer to Quotation Dated January 3, 2012,
American/Hungerford Building Products, except for Type EcoTouch*
Mauf Owens Corning, (OC) Series R-19
C. B. CEILING -Refer to Quotation Dated January 3, 2012, American/Hungerford Building
Products
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Page 9 of 14
IX. INSULATION (Continued) -
Manf Owens Corning (OC) Series R-60
C. VENTS - Installed vents to permit unobstructed air flow in roof areas
Type: Styrofoam
D. Window (interior) - Low expansion foam
Refer to Quotation for combination R-Values to achieve R-60 in all ceiling areas per quote.
X. EXTERIOR FINISHES
A. All elevations to be cultured stone, Dryvit and vinyl siding per individual plan
specifications. Price may increase and/or decrease if additional or less cultured stone,
stucco and vinyl siding details are added through a change order signed approved by SCI
and OWNER. Vinyl sidii?g to be installed by OWNER.
Manufacturer: Bucks County Field Dressed Cultured Stone
Locations of Stone: Per Building lans
Description of installation/materials: Install wire mesh, apply trowel base coat, rake it,
mortar back of stone and affix to wall. Bonding agent will be mixed in mortar, point
mortar.
Refer to Stone installation specifications (Exhibit SCI --10)
Refer to Dryvit installation specifications (Exhibit SCI -11)
XI. INTERIOR FINISHES
A. TRIM PACKAGE-3 % inch Finger jointed colonial casing (Pine); 5'/a inch baseboard (MDF)
and standard window sills (Pine). Shoe molding included at wood floors and ceramic tile. All
other Trim not specifically listed will require a change order by SCI and OWNER.
Interior Finishes - Type/Size/Manufacturer - Locations/Sizes:
ALL Anderson Windows (except basement):
Size: 3 %s inch Wood Type: Pine finger jointed casing
Anderson Door:
Size: 3 %2 inch Wood Type: Pine finger jointed casing
Page 10 of 14
XI. INTERIOR FINISHES (Continued)
Laundry Room:
Size: 3 '/z inch
Wood Type: Pine fin er jointed casing
Garage:
Size: 3 %z inch Wood Type: Pine finger jointed casing
Kitchen:
Size: 3'/2 inch Wood Type: Pine finger-jointed easing
Bedrooms:
Size: 3 % inch Wood Type: Pine finger jointed casing
Master Bedroom:
Size: 3 '/z inch Wood Type: Pine finger jointed casing
Per Building Plans: Tray Ceiling
Size: 51inch Wood Type: MDF or finger jointed crown molding
Bathrooms:
Size: 3 %Z inch Wood Type: Pine finger jointed casing
Dining Room:
Size: 3 '/s inch Wood Type: Pine finger jointed casing
Sun Room
Size: 3 2 inch Wood Type: Pine finger jointed casing
Living Room
Size: 3 %Z inch Wood Type: Pine finger jointed casing
Hallways
Size: 3 '/z inch Wood Type: Pine finger jointed casing
Closets:
Size: 3 % inch Wood Type: Pine finger iointed casine
Access Panels (Plumbing, electric, etc)
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Page II of 14
XI. INTERIOR FINISHES (Continued)
Electric (Basement) - Panel.attached to 4 feet x 8 feet Advantech
B. STAIRS - Yellow pine stairway to basement Size: 3 foot 3 inched x 9 feet total height
C. DRYWALL - Vz inch Manf : National Gypsun
Garage -Per IRC Fire Proof, Moisture Resistant Manf. National Gypsun XP
Bathrooms - Moisture Resistant Manf. National Gypsun XP
Laundry - Moisture Resistant Manf. National Gypsun XP
D. PAINTING - By OWNER
E. FIREPLACE - Stone from base to ceiling with wood mantel. Two (2) sided fireplace,
mantel (interior/exterior)
ALLOWANCE: 5,000
F. LIGHT FIXTURES -- ALLOWANCE: $ 4,000.00 (NQL)
G. BATH ACCESSORIES - ALLOWANCE: $ 800.00 (INCL)
H. SHELVING - ALLOWANCE: $1,000.00 (INCL) Locations: Closets & Pantry
1. FLOORING - To be supplied by OWNER. Wood & ceramic & the shower.
J. TRAY CEILING IN MASTER BEDROOM - Per plans (Exhibit SCI -12)
XII. CABINETS & COUNTERTOPS
A. Custom and Stock Kitchen Cabinets, vanities & Countertops -
ALLOWANCE: $28,000.00 (INCL)
X1H. APPLIANCES & EQUIPMENT
A. Range, Dishwasher, Microwave, etc - ALLOWANCE: $ 4,000.00 (INCL)
Page 12 of 14
XTV. HEATING/AIR CONDITIONING SYSTEM
A. Geothermal System per quotation dated .1-18-2012. Includes automatic humidifier and space
guard air cleaner.
Manf: Carrier
Model: SOYDVO38-JCK311 with de-superheater and 50 gal Dreheat tank
AFCGICI flow center
AGL10A aux. heat
TP-PRH stat
AHKSEC & AFC6F hose kit & adaptors methonal and Geo-link piping with fusion
Copper piping to water heater Allowance: 17 114.00
450 ft of bore
Basement Area -
Carrier 50 YDVO49- JCK311 with two pump flow center
Additional Loop
XV. PLUMBING SYSTEM
A. PLUMBING FIXTURES - ALLOWANCE: $ 6.050.00 (1NCL)
Allowance: 5,000.00
Allowance: 1,009.00
Allowance: 1,600.00
B. FIXTURES - Allowance includes tub, shower combo units, ceramic shower plumbing
accessories, whirlpool tub, all faucets, sinks, shower doors or curtain rods,
garbage disposal and any other plumbing fixtures.
C. Dishwasher & Icemaker water hook-ups.
D. Three (3) Exterior hose bibs (SCI and OWNER will confirm locations).
E. Hook-ups for washing machine.
F. Copper water lines: Per plumber plan (Exhibit SCI -13)
Winnai Water Heater - ALLOWANCE: $ 1000.000 (INCL)
XVI. ELECTRICAL SYSTEM
A. 400 AMP Electric Service with outlets and lighting fixtures wired to meet code. SCI and
OWNER to confirm all locations of outlets and fixtures.
B. One (1) Ceiling light in breakfast area
C. Ten (10) recessed lights in Kitchen area
XVI. ELECTRICAL SYSTEM (Continued)
D. Two (2) recessed lights in Living room.
E. Additional recessed lights each S 70.00
F. One (1) light foyer (entry) and six (6) lights in all hallways
G. Two (2) lights in common baths, three (3) lights in master bath
H. Exhaust fanlight combination in all full baths, Exhaust only in baths without shower and
bathtubs. Fans and fan/light combos are included in lighting allowance.
1. Electric dryer hook-up .
J. Two (2) recessed lights in laundry room
K. One (1) light in dining roam
L. One (1) light in walk-in closets
M. Ten (10) exterior recessed lights
N. Three (3) exterior receptacles
0. Smoke Alarms - as required by IRC and local code
P. Telephone & Cable TV -Five (5) telephone and TV Cable outlets
Q. Receptacles installed to meet IRC and local code. A H additional receptacles, switches
and/or light outlets will be an additional cost of $ 40.00 each. Ceiling fan rough-ins
are included per plan.
R. Garage: Three (3) Porcelain Lights
S. Master Bedroom: Tray Ceiling Lighting -- Rope lighting
T. Fan Recepticles: Per Building Plan Locations - Five (5)
Receptacle Manf/Series: Pass & Seymour Standard
Switch ManVSeries: Pass & Seymour Standard
Per Electrical Plan (Exhibit -14)
e?
V
Page 14 of 14
XVIII. SEPTIC SYSTEMIWATER
A. Septic System per approved design-ALLOWANCES 12,000.00
B. Water- Well ALLOWANCE &4,000.00
C. Water Heater- Rinnai ALLOWANCES 1,0000
XVIV. MISCELLANEOUS
A. Include one (1) 36 inch gas fireplace as shown on schematic plan with a cultured stone
surround and mantels (refer to plan). Fireplace to have stainless B-Vent flue (non-masonry).
Cultured stone from floor to ceiling inside and from floor to mantel outside.
B. Price based upon final building plans signed by SCI and OWNER Price based upon
preliminary schematic plan provided by owner totaling approximately 2, 380 square feet (1'`
floor).
TOTAL PRICE: S 394, 270.60
ALL UNUSED ALLOWNACES WILL BE RETURNED TO OWNER AND/OR OFFSET
AGAINST FINAL CONSTRUCTION DRAW PER SCHEDULE. THE CONTRACT PRICE
WILL BE INCREASED IN ACCORDANCE WITH PARAGRAPH M. CONTRACT PRICE
PER AGREEMENT. TO SAFEGUARD AGAINST MATERIAL COST ESCALATION AND
DOWWARD ADJUSTMENTS NOT REFLECTED IN THE ORIGINAL BID PRICE,
MATERIAL SUPPLIERS WILL BE REQUESTED TO GUARANTEE PRICES AND PERMIT
DOWNWARD PRICE ADJUSTMENTS. ALSO, TO SECURE FAVORABLE PRICING, THE
OWNER COULD BE REQUESTED TO DEPOSIT MONIES HELD IN AN ESCROW
ACCOUNT IF NOT USED TO PURCHASE MATERIALS TO GUARANTEE PRICING
BEYOND 45 DAYS FOR ROOFING AND FRAMING MATERIALS BEFORE MARCH 12,
2012.
OWNER
ert J. pster Title
f
Eric L. Sechrist, President
February 3, 2012
GENERAL
CONTRACTOR
Sechrist Construction, Inc.
Title
February3, 2012
I
t
i
1 Robert J.'Harpster
j Page 1 of 2
! Disbursement Schedule
Exhibit "A" To Construction Loan Agreement
I
Attached to and forming part of the Construction Loan Agreement, dated
between Robert J. Harpster and Members Is` Federal Credit Union.
Percentage of
Construction *Approximate
Draw Number Loan Account Dollar Amount Status of Construction
First Draw 20.00% $ 3¢,384.00 When the following items are complete:
*BORROWER PAYS Permits (Pre-paid by OwncryStaking,
ADDTL S $ 42, 270.00 Excavation,/Lot Prep, Footer/Foundation, Inside
and Outside Footer Drain, Stone Fill within
Footer for Basement Floor, Well/Water Tap
in.
Second Draw, 25.00% $ 98,567-50 When the following items are complete:
Foundation wails (basement and garage), Framing to
include: Joist, & Sub-floors, Pour Basement floor,
Basement Wall Waterproofing, Exterior Sheathing, House
Wrap, Roof, Windows and Exterior Doors.
Third Draw 25.00% $ 98 567.50 When the following Items are complete:
Exterior Siding (including: Dryvitea, stone, aluminum/
vinyl soffit1facia), Electric Rough-in, Plumbing Rough-in,
Heating/Cooling (Geothermal) System Rough-in to
Include Wells and Loops, All Wall and Ceiling Insulation,
Drywall, and Fireplace,
Fourth Draw 20.00% $. 78.854.50 When the following items are complete:
Septic System Rough-in, Interior Doors, TrimJHardware,
Kitchen Cabinets & Tops.
Fifth Draw 10.00% $ 39.427.00 When the following Items are complete:
Finish: (Electric; Heating/Cooling (Geothermal);
Plumbing; Septic Systems), Gutters and Downspouts,
Final Lot Grading. Ready for Occupancy (except for any
work specifications not part of this contract).
Total
100.00% $
* CONTRACT PRICE S 394, 270.00
Robert J. Harpster, Borrower, is responsible for Installation and purchase of 811 flooring,
and shower tile, vinyl siding, walkway/driveway, grass seeding, drywall ceiling in basement,
painting and rear deck related materials as referenced in the building.plans and specifications.
Those installations will be performed In accordance with the established construction schedule.
J
Robert J. Harpster ,
Page 2 of 2
j Disbursement Schedule
Exhibit "A" To Construction Loan Agreement (Continued)
I
* The "Approximate Status. of Construction" and the completion of the requirements for each draw are estimates only,
and no draw shall be conditioned upon the completion of any specific item. 'The requirements of each draw shall be
complete as determined within the sole discretion of the Lender. All draws by the Contractor will require the approval of
the Borrower.
Lender Nam : embers 1" F ralr t Union
arps Borrower
Its:
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-----' i?.a? PROjF-CT• IiARF'STER
Dale: 119? ROBERT 1
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Sechrist (SCI) vs Harpster (RJH)
Estimated Expenditures Owed
by Sechrist Construction
Draw No. Description Amount
Footer/Foundation - IRBC,
2009 requirement not satisfied
regarding anchoring of block wall
1 to footer interface. 10000
Footer Placement - Retaining
walls/window well expenditures
resulted from construction
miscalculations on the part of the
General contractor. 20000
Foundation Walls - Knock-off
Ivany Block and mortar Joint
(degredation)
2 replacement/remediation. 20000
Preventative Landscaping -
Installation of waterproof
material around building
perimeter to prevent water from
entering foundation wall areas. 4500
Rear Footer Wall - Requires
excavation/water proofing (refer
2 to basement door leaks) 1500
WaterProofing Leaking -
excavation, power
washing/removal of water
proofing, removal/replacement of
R-11 foamular, parging, footer
drain clean-out/possibly install
secondary perimeter drain to
assist drainage; removal
replacement of retaining
wall/window well as required,
excavation costs, replacement of
2 stone aggregates. 60000
Change Order No. 2 - Extra
2 Rebar charges 538
E'X ?? Ij L
I q*'
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Change Order No. 7a - Extra
2 Rebar charges 235.33
Basement Doors - doors are
permitting water intrusion at sill
and jambs need
2 repaired/replaced
Septic System - unauthorized
3 design change and oversized 5000
Electric Rough-in - kitchen
3 island outlet wiring not installed 450
Fireplace Rough-in - fuel lines
3 not installed 450
Change Order No. 16 - SCI
never paid RJH for insulation
3 work per allowance 5298
Fireplace Caulking - exterior
stone/vinyl interface requires
3 completion 300
Rinnai Water Heater - credit for
3 allowance 1000
Kitchen Cabinets - credit for
4 allowance paid by RJH 19300
4 Hardware/Trim - incomplete 5000
Plumbing Fixtures - credit for
5 allowance paid by RJH 3000
Shelving - credit for allowance
5 paid by RJH 1000
Lighting Fixtures - credit for
5 allowance paid by RJH 4000
Bath Accessories - credit for
5 allowance paid by RJH 800
Appliances/Equipment - credit
5 for allowance paid by RJH 4000
Garage Door/Opener - credit for
5 unused allowance 400
0
Front Door - credit for unused
5 allowance 350.17
Gutters/Downspouts - brackets
are undersized and downspouts
do not accommodate stone
installation on sides and rear of
5 building. 1500
Final Plumbing - install
5 fixtures/valves, etc. 3500
Final Electric - install fixtures
5 and connect electrical system 2000
Final Fireplace - assemble unit
5 and replace damaged core. 350
Final HVAC - Install controller.
perform inspection, install
registers (including purchase of
5 components) 1000
5 Value of Warranty (1 Year)
Subtotal 175471.5
Penalty Per Contract (10%) 17547.15
Total Damage Claim 193018.7
r
I
BINGAMAN, HESS, COBLENTZ & BELL, P.C.
MAHLON J. BOYER, ESQUIRE
IDENTIFICATION NO.: 91094
TREEVIEW CORPORATE CENTER
SUITE 100, 2 MERIDIAN BLVD.
WYOMISSING, PA 19610
610.374.8377//610.376.3105 (FAX)
ATTORNEYS FOR DEFENDANTS
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
SECHRIST CONSTRUCTION, INC.,
Plaintiff
No. 12-7259
V.
ROBERT J. HARPSTER,
Defendant
CIVIL ACTION - LAW
CERTIFICATE OF SERVICE
I, Mahlon J. Boyer, Esquire, hereby certify that a true and correct copy of Defendant's
Answer to Plaintiff's Complaint was mailed by United States first class mail, postage prepaid
upon the following:
Keith O. Brenneman, Esquire
Snelbaker & Brenneman, P.C.
44 West Main Street
Mechanicsburg, PA 17055
BINGAMAN, HESS, COBLENTZ & BELL, P.C.
Mahlon J. Boyer, squire
Attorney for Defendant
Date: 1 6 /13
362757
rILED- Fr Cr
Keith O. Brenneman,Esquire
X16= THE PRO THM,1101a1r`Cl
Supreme Court ID No. 47077 2013 APR 26 PM 12:
Snelbaker&Brenneman,P. C.
44 West Main Street CUMBERLAND COUNTY
Mechanicsburg,PA 1.7055 PENNSYLVANIA
(717)697-8528
Attorneys for Plaintiff Sechrist Construction,Inc.
SECHRIST CONSTRUCTION, INC., IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION=LAW
NO. 2012-7259
ROBERT J. HARPSTER,
Defendant JURY TRIAL DEMANDED
MOTION TO COMPEL RESPONSES TO DISCOVERY
REQUESTS DIRECTED TO DEFENDANT
Plaintiff Sechrist Construction, Inc., by its attorneys, Snelbaker&Brenneman, P. C.,
submits this Motion to Compel and in support thereof states the following:
1. On February 7, 2013 counsel for Plaintiff served upon counsel for Defendant
Plaintiffs First Request For Production of Documents and Plaintiffs Interrogatories (First Set)
Directed to Defendant. A true and correct copy of the letter transmitting the aforementioned
discovery requests is attached hereto and incorporated by reference herein as "Exhibit A". The
cover pages only of Plaintiff s First Request For Production of Documents Directed to Defendant
and Plaintiffs Interrogatories (First Set) Directed to Defendant are attached hereto and
incorporated by reference herein as "Exhibit B" and "Exhibit C", respectively.
2. Counsel for Defendant has failed to provide responses to the Request For Production
of Documents and Interrogatories. In addition, Defendant has not requested any extension of
time by which to respond to the foregoing discovery requests.
LAW OFFICES
SNELBAKER&
BRENNEMAN, P.C.
3. On March 11, 2013 Defendant's attorney communicated to Plaintiffs attorney
indicating that responses could be expected no later than March 18, 2013.
4. Defendant's counsel has provided no responses to the Interrogatories or the Request
For Production of Documents nor have documents been provided in response to the Request For
Production of Documents.
5. On April 5, 2013 Plaintiffs counsel wrote to Defendant's counsel reminding
Defendant's counsel of the obligation to respond to the discovery requests. A true and correct
copy of the letter of April 5, 2013 is attached hereto and incorporated by reference herein as
"Exhibit D".
6. As of the date of this Motion,Defendant's attorney has provided no documents in
response to the Request For Production of Documents, has provided no response to the Request
For Production of Documents and has not provided responses to the Interrogatories that were
served February 7, 2013.
7. For purposes of C.C.R.P. 208.2(d), counsel for Defendant does not consent to this
Motion.
8. No judge has previously ruled in this case.
WHEREFORE, Plaintiff requests this Court issue an Order compelling Defendant to
respond to Plaintiffs First Request For Production of Documents and Interrogatories.
SNELBAKER&BRENNEMAN, P. C.
BY:
Keith O. Brenneman, Esquire
Law OFFICES 44 W. Main Street
SNELBAKER& Mechanicsburg, PA_ 17055
BRENNEMAN, P.C. (717) 697-8528
Date: April 26, 2013 Attorneys for Plaintiff Sechrist Construction, Inc.
2
SNELBAKER 8 BRENNEMAN, P.C.
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
44 WEST MAIN STREET
MECHANICSBURG, PENNSYLVANIA 17055
KEITH O.BRENNEMAN P.O.BOX 318
RICHARD C.SNELBAKER-OF COUNSEL 717-697-8528 FACSIMILE(717)697-7681
February 7, 2013
Mahlon J. Boyer, Esquire
Treeview Corporate Center, Suite 100
2 Meridian Blvd.
Wyomissing, PA 19610
Re: Sechrist Construction, Inc. v. Harpster
No. 2012-7259, C.C.P., Cumberland County
Dear Mr. Boyer:
Enclosed please find Plaintiffs First Request For Production of Documents and Plaintiffs
Interrogatories (First Set) Directed to Defendant.
Yours truly,
Keith O. Brenneman
KOB/sm
Enclosures
CC: Eric Secluist(w/enclosures)
EXHIBIT A
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 Sechrist Construction, Inc.
SECHRIST CONSTRUCTION, INC., IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
CIVIL ACTION—LAW
V.
NO. 2012-7259
ROBERT J. HARPSTER,
JURY TRIAL DEMANDED
Defendant
PLAINTIFF'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS
DIRECTED TO DEFENDANT
TO: Robert J. Harpster, Defendant
and
Mahlon J. Boyer, Esquire
Treeview Corporate Center
Suite 100
2 Meridian Blvd.
Wyomissing, PA 19610
Pursuant to Pennsylvania Rule of Civil Procedure 4009.1, et seq., Plaintiff requests that
Defendant produce and permit Plaintiff to inspect and copy each of the documents specified
below. The documents should be made available for inspection and copying during regular
business hours at the offices of Plaintiffs attorneys, Snelbaker&Brenneman, P. C., 44 W. Main
LAW OFFICES
SNELBAKER&
BRENNEMAN, P.C.
EXHIBIT B
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 Sechrist Construction, Inc.
SECHRIST CONSTRUCTION, INC., IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
CIVIL ACTION—LAW
V.
NO. 2012-7259
ROBERT J. HARPSTER,
JURY TRIAL DEMANDED
Defendant
PLAINTIFFS' INTERROGATORIES (FIRST SET)
DIRECTED TO DEFENDANT
TO: Robert J. Harpster, Defendant.
and
Mahlon J. Boyer, Esquire
Treeview Corporate Center, Suite 100
2 Meridian Blvd.
Wyomissing, PA 19610
PLEASE TAKE NOTICE that you are hereby requested pursuant to Pennsylvania Rules
of Civil Procedure 4001, et seq.,to serve upon the undersigned within thirty (30) days after
service of this Notice, answers in writing and under oath to the following Interrogatories.
SNELBAKER& BRENNEMAN, P. C.
BY:
Keith O. Brenneman, Esquire
44 W. Main Street
LAW OFFICES Mechanicsburg, PA 17055
SNELBAKER& (717) 697-8528
;RENNEMAN, P.C. -
Date: February 7, 2013 Attorneys for Plaintiff Sechrist Construction, Inc.
EXHIBIT C
SNELBAKER 8 BRENNEMAN, P.C.
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
44 WEST MAIN STREET
MECHANICSBURG, PENNSYLVANIA 17055
KEITH O.BRENNEMAN P.O.BOX 318
RICHARDC.SNELBAKER-OF COUNSEL 717-697-8528 FACSIMILE(717)697-7681
April 5, 2013
Mahlon J. Boyer, Esquire
Treeview Corporate Center, Suite 100
2 Meridian Blvd.
Wyomissing, PA 19610
Re: Sechrist Construction, Inc. v. Harpster
No. 2012-7259, C.C.P., Cumberland County
Dear Mr. Boyer:
On February 7, 2013 I served both Interrogatories and a Request For Production of Documents
upon you with respect to the above case.
Although I received an email from you on March 11,2013 indicating that I can expect
responses no later than March 18, 2013, I have received no written responses to the Interrogatories and
Request For Production of Documents or the documents themselves.
I want to move this case forward. If I do not receive responses to the discovery requests and
the documents within seven days of the date of this letter, I will be filing a Motion to Compel. For
purposes of that Motion I will assume that you do not agree to the relief that I will be requesting.
I trust you have advised your client of the doctrine of spoilation of evidence as it relates to the
property and improvements that are the subject of this suit. I am assuming you have advised him of
the need to provide us with notice of any changes that he is making to the property and improvements
since the time this suit was commenced against him so that we have the opportunity to document the
condition of the property before such changes are made. I am engaging an expert in this case and I
will be in contact with you for purposes of scheduling a time to conduct an inspection.
Please have your client be guided accordingly.
Yours truly,
Keith O. Brenneman
KOB/sm
CC: Eric Sechrist
EXHIBIT D
VERIFICATION
I verify that the statements made in the foregoing Motion 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.
Keith O. Brenneman
Date: April 26, 2013
LAW OFFICES
SNELBAKER&
BRENNEMAN, P.C.
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 Motion to Compel Responses to Discovery
Requests to be served upon the person and in the manner indicated below:
FIRST CLASS MAIL POSTAGE PREPAID ADDRESSED AS FOLLOWS:
Mahlon J. Boyer, Esquire
Treeview Corporate Center, Suite 100
2 Meridian Blvd. `
Wyomissing, PA 19610
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 26, 2013 Attorneys for Plaintiff Sechrist Construction, Inc.
LAW OFFICES
SNELBAKER&
BRENNEMAN, P.C.
SECHRIST CONSTRUCTION, IN THE COURT OF COMMON PLEAS OF
INC., CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V. CIVIL ACTION—LAW
ROBERT J. HARPSTER, :
Defendant NO. 12-7259 CIVIL TERM
IN RE: PLAINTIFF'S MOTION TO COMPEL RESPONSES
TO DISCOVERY REQUESTS DIRECTED TO DEFENDANT
ORDER OF COURT
AND NOW, this 2nd day of May, 2013, upon consideration of Plaintiff's Motion to
Compel Responses to Discovery Requests Directed to Defendant, a Rule is hereby issued
upon Defendant to show cause why the relief requested should not be granted.
RULE RETURNABLE within 30 days of service.
BY THE COURT,
Christy ye L. Peck, J.
/Keith O. Brenneman, Esq.
44 West Main Street
Mechanicsburg, PA 17055
Attorney for Plaintiff
/Mahlon J. Boyer, Esq.
Treeview Corporate Center O�
Suite 100 c�
2 Meridian Blvd.
Wyomissing, PA 19601
Attorney for Defendant
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