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HomeMy WebLinkAbout04-5730Hoffman's Custom Contracting, Inc. Plaintiff V. Randall K. Baker and Julie Baker, Defendants In the Court of Common Pleas Cumberland County, Pennsylvania : Civil Action - Law - S '73 C-e?,; ,Q i ej ^- :NO. O q NOTICE TO DEFEND 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 the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER 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 2 Liberty Ave. Carlisle, PA 17013 SAIDIS, SHUFF, FLOWER & LINDSAY 16 2a e r. 1??0.,?- LM av - By: Dated: 1?,' Peorge . Douglas, III, Esquire Supreme Court I.D. #61886 26 West High Street Carlisle, PA 17013 Phone: (717) 243-6222 Attorney for Plaintiff HOFFMAN'S CUSTOM : IN THE COURT OF COMMON PLEAS OF CONTRACTING, INC., : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : Civil Action - Law RANDALL K. BAKER JULIE BAKER No. 0 y 5 `1 3 0 Defendants COMPLAINT AND NOW, comes the Plaintiff, Hoffman's Custom Contracting, Inc., by and through its undersigned attorneys, Saidis, Shuff, Flower & Lindsay, and avers in support of its Complaint against Defendants as follows: Plaintiff, Hoffman's Custom Contracting, Inc. is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania with a principal place of business located at 35 Chelsea Lane, Carlisle, Cumberland County, Pennsylvania. 2. Defendants, Randall K. Baker and Julie Baker, husband and wife, are adult individuals residing at 37 Ashton Street, Carlisle, Cumberland County, Pennsylvania. 3. The Plaintiff and Defendants entered into a Construction Agreement on November 3, 2003, for the Plaintiff to build a home for the Defendants at 37 Ashton Street, SAIDIS Carlisle, Cumberland County, Pennsylvania. A Copy of the Construction Agreement is SHUFF, FLOWER & LINDSAY attached as Exhibit "A". ATrORMYS•AT*LAW 26 W. High Street 4. The Plaintiff and Defendants agreed to specifications for the construction of Carlisle, PA the home which were entered into on September 24, 2003. A copy of the specifications is attached as Exhibit "B". Upon completion of the home, the Defendants requested additional work be performed by the Plaintiff including a stone base in the yard for a shed; install a brick partition around the pool and shed area; and install a new lawn. 6. Upon completion of the work requested, three invoices were presented to the Defendants for payment totaling $14,783.52. A copy of the invoices and a final statement are attached as Exhibit "C". 7. The Defendants were given a credit of $750.00 for the range in their home and they made a payment of $100.00 on this overdue account leaving a balance due of $13,933.52. WHEREFORE, Plaintiff claims of the Defendants the sum of $13,933.52, an amount requiring compulsory referral to arbitration under the local Rules of Court. Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY Date N/- f (, -404- 4R n4k F , W- George F. Douglas, III, squire Attorney I.D. No.: 61886 26 West High Street Carlisle, PA 17013 (717) 243-6222 Attorney for Plaintiff SAIDIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT-LAW 26 W. High Street Carlisle, PA 2 .' Y { v `?..?$ ?. _1 i 1??ra ?I.IFG ._? ?, v .? f.-1 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. § 4904, relating to unsworn falsification to authorities. Hoffman's Custom Contracting, Inc. Dated: z/0 ¢ 91 PzFs1r-aN-(- Timo D. ?Ioffman, President HOFFMAN'S CUSTOM CONTRACTING, INC., Plaintiff V. RANDALL K. BAKER JULIE BAKER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Action - Law No. Defendants CERTIFICATE OF SERVICE On this / jr day of rj) ? , 2004, I, George F. Douglas, III, Esquire, hereby certify that I served a true and correct copy of the foregoing COMPLAINT via United States Mail, first-class, postage prepaid addressed as follows: Keith 0. Brenneman, Esquire Snelbaker, Brenneman & Spare 44 West Main Street Mechanicsburg, PA 17055 Attorney for Defendants Saidis, Shuff, Flower & Lindsay By: GegAF. c 7k Douglas, III, Esquire 26 W. High Street Carlisle, PA 17013 Attorney for Plaintiff HOFFMAI 'S I F_ -CUSTOM • L -A CONTRACTING 35 Chelsea Lane • Carlisle, PA 17013 • Phone/Fax: (717) 245-9259 X www.hoffmanscustomcontracting.com CONSTRUCTION AGREEMENT CONTRACTOR'S NAME: HOFFMAN'S CUSTOM CONTRACTING, INC. TIMOTHY D. HOFFMAN ADDRESS: 35 CHELSEA LANE, CARLISLE, PA 17013 PHONE/FAX: 717 245-9259 Na?v- am DATE: = i - -AIM 2003 OWNER'S NAME: RANDY & JULIE BAKER ADDRESS: 125 Ridge Road, Carlisle, PA 17013 PROJECT ADDRESS: Lot #50, Ashton Street, Carlisle, PA 17013 1. PARTIES This contract (hereinafter referred to as "Agreement") is made and entered into on this Ncvemswv, 3wz>j ?rcCc*2- , by and between RANDY & JULIE BAKER, (hereinafter referred to as "Owner"); and HOFFMAN'S CUSTOM CONTRACTING, INC. (hereinafter referred to as "Contractor"). In consideration of the mutual promises contained herein, Contractor agrees to perform the following work: In accordance with specifications. H. GENERAL SCOPE OF WORK DESCRIPTION (Specifications attached: XX Yes No) LUMP SUM PRICE FOR ALL WORK ABOVE: $367,581.00 M. GENERAL CONDITIONS FOR THE AGREEMENT ABOVE A. EXCLUSIONS This Agreement does not include labor or materials for the following work: 1. PROJECT SPECIFIC EXCLUSIONS: 2. STANDARD EXCLUSIONS: Unless specifically included in the "General Scope of Work" section above, this Agreement does not include labor or materials for the following work (any Exclusions in this paragraph which have been lined out and initialed by the parties do not apply to this Agreement): Removal and disposal of any materials containing asbestos or any other hazardous material as defined by the EPA. Custom milling of any wood for use Page 1 of 8 EXHIBIT "A" ,ANEW CONSTRUCTION (REMODELING (FINE CARPENTRY .in project. Moving Owner's property around the site. Labor or materials required to repair or replace any Owner-supplied materials. Repair of concealed underground utilities not located on prints or physically staked out by Owner which are damaged during construction. Surveying that may be required to establish accurate property boundaries for setback purposes (fences and old stakes may not be located on actual property lines). Landscaping and irrigation work of any kind including fencing. Removal of soils under house in order to obtain 18 inches (or code-required height) of clear space between bottom of joists and soil. Removal of filled ground or rock or any other materials not removable by ordinary hand tools (unless heavy equipment is specified in Scope of Work section above), correction of existing out-of- plumb or out-of-level conditions in existing structure. Correction of concealed substandard framing. Removal and replacement of existing rot or insect infestation. Construction of a continuously level foundation around structure (if lot is sloped more than 6 inches from front to back or side to side, Contractor will step the foundation in accordance with the slope of the lot). Exact matching of existing finishes. Repair of damage to roadways, sidewalks, or driveways that could occur when construction equipment and vehicles are being used in the normal course of construction. 3. PERMITS, PLANS, ENGINEERING & ARCHITECTURAL FEES, UTILITY CONNECTION FEES, AND SPECIAL TESTING FEES: This Agreement does include the cost of coordinating or submitting for the permits, fees, and services referred to above. Does not include cost of obtaining current perc certificate. If Owner requests Contractor to coordinate any of these services or obtain any of the permits above, Contractor will perform this work on an hourly basis at the hourly rate of Owner (not Contractor) is to enter into contracts for all of the above-mentioned services and provide direct payment to the people or agencies contracted with for all of the services and permit fees in the paragraph above except building permit. If Owner requests that Contractor meet with Owner and architect or other design professionals to review the construction plans and specifications prior to completion of the final design documents, Contractor will perform this work on an hourly basis at the hourly rate of $ 30.00 B. DATE OF WORK COMMENCEMENT AND SUBSTANTIAL COMPLETION Commence work: within 30 days of closing of loan. Construction time through substantial completion: Approximately 6 months, not including delays and adjustments for delays caused by: holidays, inclement weather, accidents, shortage of labor or materials, additional time required for completion of Change Order work (as specified in each Change Order), delays caused by Owner, and other delays unavoidable or beyond the control of the Contractor. C. EXPIRATION OF THIS AGREEMENT This Agreement will expire 30 days after the date at the top of page one of this Agreement if not accepted in writing by Owner and returned to Contractor within that time. Page 2 of 8 D. WORK PERFORMED BY OWNER OR OWNER'S SEPARATE SUBCONTRACTORS Any labor or materials provided by the Owner's separate Subcontractors while Contractor is still working on this project must be supervised by Contractor. Profit and overhead at the rate of 20% will be charged on all labor and materials provided by Owner's separate Subcontractors while Contractor is still working on the project. Contractor has right to qualify and approve Owner's Subcontractors and require evidence of work experience, proper licensing, and insurance. If Owner wants to avoid paying Contractor's profit and overhead per this section, Owner must then bring in his separate Subcontractors only before or after Contractor has performed all of his work. E. CHANGE ORDERS: CONCEALED CONDITIONS, ADDITIONAL WORK, AND CHANGES IN THE WORK 1. PEOPLE AUTHORIZED TO SIGN CHANGE ORDERS: The following people are authorized to sign Change Orders: (lease fill in line(s) above at time of signing Agreement) 2. CONCEALED CONDITIONS: This Agreement is based solely on the observations Contractor was able to make with the structure in its current condition at the time this Agreement was bid. If additional Concealed Conditions are discovered once work has commenced which were not visible at the time this proposal was bid, Contractor will stop work and point out these unforeseen Concealed Conditions to Owner so that Owner and Contractor can execute a Change Order for any Additional Work. 3. CHANGES IN THE WORK: During the course of the project, Owner may order changes in the work (both additions and deletions). The cost of these changes will be determined by the Contractor and the cost of this Additional Work will be added to Contractor's profit and overhead at the rate of 6% in order to arrive at the net amount of any additional Change Order work. No changes in the work will be made by Contractor unless the Owners sign a Change Order which specifies the change in the contract price and the effect the change has on the time of substantial completion of the work. Contractor's profit and overhead, and supervisory labor will not be credited back to Owner with any deductive Change Orders (work deleted from Agreement by Owner). 4. DEVIATION FROM SCOPE OF WORK IN CONTRACT DOCUMENTS: Any alteration or deviation from the Scope of Work referred to in the Contract Documents involving extra costs of materials or labor (including any overage on ALLOWANCE work) will be executed upon a written Change Order issued by Contractor and shall be signed by Contractor and Owner prior to the commencement of any Additional Work. This Change Order will become an extra charge over and above the Lump Sum Contract Price referred to at the beginning of this Agreement. Page 3 of 8 5. CHANGES REQUIRED BY PLAN CHECKERS OR FIELD INSPECTORS: Any increase in the Scope of Work set forth in the Contract Documents which is required by plan checkers or field inspectors with city or county building/planning departments will be treated as Additional Work to this Agreement for which the Contractor will issue a Change Order. 6. RATES CHARGED FOR ALLOWANCE-ONLY AND TIME-AND-MATERIALS WORK: Journeyman Carpenter: $27 per hour; Apprentice Carpenter: $20 per hour; Laborer: $16 per hour; Contractor: $30 per hour; Subcontractor: Amount charged by Subcontractor. Note: Contractor will charge for profit and overhead at the rate of 6% on all work performed on a Time-and-Materials basis (on both materials and labor rates set forth in this paragraph) and on all costs that exceed specifically stated ALLOWANCE estimates in the Agreement. F. PAYMENT SCHEDULE AND PAYMENT TERMS 1. PAYMENT SCHEDULE: As per draw schedule. 2. PAYMENT OF CHANGE ORDERS: Payment for each Change Order is due upon completion of Chanke Order work and submittal of invoice by Contractor for this work 3. ADDITIONAL PAYMENTS FOR ALLOWANCE WORK AND RELATED CREDITS: Payment for work designated in the Agreement as ALLOWANCE work has been initially factored into the Lump Sum Price and Payment Schedule set forth in this Agreement. If the actual cost of the ALLOWANCE work exceeds the line item ALLOWANCE amount in the Agreement, the difference between the cost and the line item ALLOWANCE amount stated in the Agreement will be written up by Contractor as a Change Order subject to Contractor's profit and overhead at the rate of 6%. If the cost of the ALLOWANCE work is less than the ALLOWANCE line item amount listed in the Agreement, a credit will be issued to Owner after all billings related to this particular line item ALLOWANCE work have been received by Contractor. This credit will be applied toward the final payment owing under the Agreement. Contractor profit and overhead and any supervisory labor will not be credited back to Owner for ALLOWANCE work. 4. FINAL CONTRACT PAYMENT: The final contract payment is due and payable upon "Substantial Completion" (not Final Completion) of all work under contract. "Substantial Completion" is defined as being the point at which the Building/Work of Improvement is suitable for its intended use, or the issuance of an Occupancy Consent, or final building department approval from the city or county building department, whichever occurs first. 5. HOLD BACK FROM FINAL PAYMENT FOR PUNCH LIST WORK: At time of making the final contract payment, Owner may hold back 200% of the value of all Punch List work. Owner and Contractor will place a fair and reasonable value on each Punch List item at time of Punch List walk-through with Owner. Contractor and Owner will then execute the Punch List form. This 200% hold back for Punch List work assures Owner that all Punch List work will be completed by Contractor in a timely manner. Page 4of8 6. PAYMENT FOR COMPLETED PUNCH LIST WORK: Payment for completed Punch List items is due and payable upon submittal of invoice for those completed items, even though entire Punch List is not completed. 7. INTEREST CHARGES: Interest in the amount of 1.5% per month will be charged on all late payments under this Agreement. "Late Payments" are defined as any payment not received within 10 days of receipt of invoice from Contractor. G. MISCELLANEOUS CONDITIONS 1. MATCHING EXISTING FINISHES: Contractor will use his best efforts to match existing finishes and materials. However, an exact match is not guaranteed by Contractor due to such factors as discoloration from aging, a difference in dye lots, discontinuation of product lines, and the difficulty of exactly matching certain finishes, colors, and planes. Custom milling of materials has not been included in this Agreement, unless specifically stated in the Scope of Work section above. Unless custom milling of materials is specifically called out in the plans, specifications, or Scope of Work description above, any material not readily available at local lumberyards or suppliers is not included in this Agreement. If Owner requires an exact match of materials or textures in a particular area, Owner must inform Contractor of this requirement in writing within seven (7) days of signing this Agreement. Contractor will then provide Owner with either a materials sample or a test patch prior to the commencement of work involving the matching of existing finishes. Owner must then approve or disapprove of the suitability of the match within 24 hours. After that time, or after Contractor has provided Owner with two or more test patches that have been rejected by Owner, all further test patches, materials submittals, or any removal and replacement of materials already installed in accordance with the terms of this section will be performed strictly as Extra Work on a time-and-materials basis by Contractor. 2. CONFLICT OF DOCUMENTS: If any conflict should arise between the plans, specifications, addenda to plans, and this Agreement, then the terms and conditions of this Agreement shall be controlling and binding upon the parties to this Agreement. 3. INSTALLATION OF OWNER-SUPPLIED FIXTURES AND MATERIALS: Contractor cannot warrant any Owner-Supplied materials or fixtures (whether new or used). If Owner-supplied fixtures or materials fail due to a defect in the materials or fixtures themselves, Contractor will charge for all labor and materials required to repair or replace both the defective materials or fixtures, and any surrounding work that is damaged by these defective materials or fixtures. 4. CONTROL AND DIRECTION OF EMPLOYEES AND SUBCONTRACTORS: Contractor, or his appointed Supervisor, shall be the sole supervisor of Contractor's Employees and Subcontractors. Owner must not order or request Contractor's Employees or Subcontractors to make changes in the work. All changes in the work are to be first discussed with Contractor and then performed according to the Change Order process as set forth in this Agreement. Page 5 of 8 5. OWNER COORDINATION WITH CONTRACTOR: Owner agrees to promptly furnish Contractor with all details and decisions about unspecified construction finishes, and to consent to or deny changes in the Scope of Work that may arise so as not to delay the progress of the Work. Owner agrees to furnish Contractor with continual access to the job site. 6. CONTRACTOR NOT TO BE RELIED UPON AS ARCHITECT, ENGINEER, OR DESIGNER: The Contractor is not an architect, engineer, or designer. Contractor is not being hired to perform any of these services. To the extent that Contractor makes any suggestions in these areas, the Owner acknowledges and agrees that Contractor's suggestions are merely options that the Owner may want to review with the appropriate design professional for consideration. Contractor's suggestions are not a substitute for professional engineering, architectural, or design services, and are not to be relied on as such by Owner. Not withstanding the foregoing, it is understood contractor has supplied owner with the design of the home to be built and owner is entitled to rely on the soundness of that design. H. WORK STOPPAGE AND TERMINATION OF AGREEMENT FOR DEFAULT Contractor shall have the right to stop all work on the project and keep the job idle if payments are not made to Contractor in accordance with the Payment Schedule in this Agreement, or if Owner repeatedly fails or refuses to furnish Contractor with access to the job site and /or product selections or information necessary for the advancement of Contractor's work. Simultaneous with stopping work on the project, the Contractor must give Owner written notice of the nature of Owner's default and must also give the Owner a 14-day period in which to cure this default. If work is stopped due to any of the above reasons (or for any other material breach of contract by Owner) for a period of 14 days, and the Owner has failed to take significant steps to cure his default, then Contractor may, without prejudicing any other remedies Contractor may have, give written notice of termination of the Agreement to Owner and demand payment for all completed work and materials ordered through the date of work stoppage, and any other loss sustained by Contractor, including Contractor's Profit and Overhead at the rate of 6% on the balance of the incomplete work under the Agreement. Thereafter, Contractor is relieved from all other contractual duties, including all Punch List and warranty work. L LIEN RELEASES Upon request by Owner, Contractor and Subcontractors will issue appropriate lien releases prior to receiving final payment from Owner. J. DISPUTE RESOLUTION AND ATTORNEY'S FEES Any controversy or claim arising out of or related to this Agreement involving an amount less than $8,000 (or the jurisdictional limit) must and shall be heard in the office of the District Justice in the municipality and county where the Contractor's principal office is located. For purposes of this Agreement that office is located in South Middletown Township, Cumberland Country, Pennsylvania. Any controversy or claim arising out of or related to this Agreement which exceeds the District Justice's jurisdictional limit shall be settled by binding arbitration administered by the American Arbitration Association in accordance with the Construction Page 6 of 8 Industry Arbitration Rules. The decision of the Arbitrator(s) shall be final and may be entered as a judgement in the Court of Common Pleas of Cumberland County, Pennsylvania. This Agreement shall be constructed in accordance with the laws of the Commonwealth of Pennsylvania as they existed at the signing of this Agreement. K INSURANCE Owner shall pay for and maintain "Course of Construction" or "Builder's Risk" or any other insurance that provides the same type of coverage to the Contractor's work in progress during the course of the project. It is Owner's express responsibility to insure dwelling and all work in progress against all damage caused by fire and Acts of God such as earthquakes, floods, etc. L. WARRANTY Contractor provides a limited warranty on all Contractor- and Subcontractor-supplied labor and materials used in this project for a period of one year following substantial completion of all work. No warranty is provided by Contractor on any materials furnished by the Owner for installation. No warranty is provided on any existing materials that are moved and/or reinstalled by the Contractor within the dwelling (including any warranty that existing/used materials will not be damaged during the removal and reinstallation process). One year after substantial completion of the project, the Owner's sole remedy (for materials and labor) on all materials that are covered by a manufacturer's warranty is strictly with the manufacturer, not with the Contractor. Repair of the following items is specifically excluded from Contractor's warranty: Damages resulting from lack of Owner maintenance; damages resulting from Owner abuse or ordinary wear and tear; deviations that arise such as the minor cracking of concrete, stucco and plaster; minor stress fractures in drywall due to the curing of lumber; warping and deflection of wood; shrinking/cracking of grouts and caulking; fading of paints and finishes exposed to sunlight. THE EXPRESS WARRANTIES CONTAINED HEREIN ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, HABITABILITY, OR FITNESS FOR A PARTICULAR USE OR PURPOSE. THIS LIMITED WARRANTY EXCLUDES CONSEQUENTIAL AND INCIDENTAL DAMAGES AND LIMITS THE DURATION OF IMPLIED WARRANTIES TO THE FULLEST EXTENT PERMISSIBLE UNDER STATE AND FEDERAL LAW. M. ENTIRE AGREEMENT, SEVERABILITY, AND MODIFICATION This Agreement represents and contains the entire agreement between the parties. Prior discussions or verbal representations by Contractor or Owner that are not contained in this Agreement are not a part of this Agreement. In the event that any provision of this Agreement is at any time held by a Court to be invalid or unenforceable, the parties agree that all other provisions of this Agreement will remain in full force and effect. Any future modification of this Agreement must be made in writing and executed by Owner and Contractor in order to be valid and binding upon the parties. Page 7 of 8 N. ADDITIONAL LEGAL NOTICES REQUIRED BY STATE OR FEDERAL LAW See page(s) attached: _Yes No 0. ADDITIONAL TERMS AND CONDITIONS See page(s) attached: XX Yes No Drawings and specifications attached. I have read and understood, and I agree to, all the terms and conditions contained in the Agreement above. LV3fo3 ? - . f rr-5s,PFHt' Date TIM H FF , HO 'S CUSTOM CONTRACTING, INC. at OWNER'S SIGNATURE Date' R'S SIGNATURE CHANGES TO CONTRACT: All Invoices, Change Orders, and Draw Advances must be paid in full before dwelling is occupied. Page 8 of 8 HOFFMA 'S • CONTRACTING 35 Chelsea Lane • Carlisle, PA 17013 • Phone/Fax: (717) 245-9259 / www.hoffmanscustomcontracting.com SPECIFICATIONS September 24, 2003 Current address: Jobsite address: Randy & Julie Baker Clarendon, Lot #50, 125 Ridge Road, Carlisle, PA 17013 Ashton Street, Carlisle, PA-13-013 .WHERE PLANS AND SPECIFICATIONS ARE NOT SPECIFIC, OR WHERE THEY ARE CONTRADICTORY OR INCOMPLETE, THE CONTRACTOR SHALL HAVE THE OPTION AS TO THE MATERIAL, PLAN, DESIGN OR WORKMANSHIP TO BE USED. THE CONTRACTOR MAY ALSO SUBSTITUTE MATERIALS IF NECESSARY, THAT ARE EQUAL TO OR BETTER THAN THOSE ORIGINALLY SPECIFIED. The proposed scope of work at Lot #50, Ashton Street, Carlisle includes the following.- 0 CUSTOM PLANS AND SPECS • PERMITS: All necessary to complete construction. Any variance fees required not included. Perc certificate not included. • EQUIPMENT: ALLOWANCE: $8,000.00 Includes clearing and excavating for footings. This does not include hauling, blasting, exporting or importing of fill as necessarv. Cost of additional fill, if needed, will be charged to the owner. • SITE WORK: ALLOWANCE: $3,500.00 - Well $6,500.00 - Septic • DRIVEWAY: ALLOWANCE: $3,500.00 Material and approx. size: blacktop/stone base included • CONCRETE: Footings: Size - 20" wide x 8" thick Mix: 2500 PSI Basement floor: Thickness 4" Mix: 3000PSI Basement floor to include 1 drain and sump pump pit. BuYer Seller Page 1 of 8 L EXHIBIT "B" ,ANEW CONSTRUCTION (REMODELING (FINE CARPENTRY Garage floor: Thickness - 4" Mix: 3500 PSI Reinforcement: fibermesh in concrete & #4 re-bars @ 4'o.c. to bridge across overdig. Two floor drains to be included. Porches & Pads: Thickness - 4" Mix: 3000 PSI Reinforcement: 6x6 - 10x10 wire mesh Front porch - concrete - to be as per plan Side garage entrance - concrete - to be 4'x 3' Walks: Thickness - 4" Width: 36" Mix: 3000 PSI Reinforcment: 2 - #4 re-bars continuous Front porch to driveway - concrete - to be 36" wide • MASONRY: Foundations will be poured concrete 9' high. Frost wall to be 10" thick, Garage to be 8" thick Garage center pier 16" thick, Front porch 8" thick Crawl space vents to be galvanized steel. Height of basement ceiling approx. 9'. Skirting will be parged smooth. Steel brick lintels to be furnished and painted by rust inhibitive primer by masonry contractor before installation. FOR MASONRY ABOVE GRADE - SEE SIDING SECTION. • FRAMING CARPENTRY: Sill size will be 2" x 6" pressure treated with sill sealer. Girder or beam size to be W 8x18 steel. Floor joists will be with spacing 16" o.c. Subfloor will include 3/4" Advantec tongue and groove glued/nail. Exterior wall studding size to be 2x6 16" o.c. with the ceiling height at 9' on first floor and 8' on second floor. f , uyer Page 2 of 8 Seller I There will be 3 exterior wall plates - 2x6 spruce, 1 bottom and 2 top. The exterior wall sheathing will be 1/2" O.S.B. (Aspenite) Interior wall consists of 2x4 spruce, 16" o.c. with 2x4 spruce plates, 1 bottom and 2 top. Headers, all frame walls - Each end of headers to be securely bearing on at least one jack stud. Openings up to 12' will have a header size of 2x10 spruce. Openings over 12' will be 2x12 fir with 2 jack studs. Ceiling joists to be 2x6 spruce with spacing at 16" o.c. • ATTIC ACCESS: Pull down stair in upper hall Roof rafters will be 2x10 spruce spaced 16" o.c. or 2x8 or 2x10 as required by code. Ridge will be 2x12 spruce. Roof sheathing will be 1/2" plywood 4'x8'. Trusses will be used as needed. • ROOFING: Fiberglass architectural shingles to be used with a 30yr guarantee. Shingle weight to be 235 with an underlay material of 309 felt. Homeowner to have choice of color. Ridge vent will be Cobra roll vent. (Roof fan) • WINDOWS: All windows to be Anderson double hung, vinyl clad, white, with high performance glass, 400 Series, grills between glass and screens included. Jamb size on house: 6 - 5/8" garage: 4 - 5/8" • DOORS - FRONT DOOR ALLOWANCE: $1,200.00 All exterior doors are steel with brickmold trim. All doors drilled for 2 3/4" backsets. All exterior doors to have single cylinder latch deadbolts. All door handles to be Schlage make with choice of finish. • SIDING: Vinyl siding on sides and rear of home, choice of color. Stone and dryvit combination on front of house. Gable overhang to match. Gable vents included. Aluminum fascia and soffit included. Choice of color. Exterior trim per plan. /14 uyer Page 3 of 8 Seller Entry trim to be brickmolding. Vinyl raised panel or louvered shutters on front and sides of home. No. of pairs: 5 (on front) All exterior doors and windows to be caulked. • GUTTERS AND DOWNSPOUTS: 5" 0. G. style gutter with 3" x 4" downspout in aluminum. Drainage to be above ground with 4' extensions. Choice of color. • INSULATION: Fiberglass exterior wall, 55/8" thick, R-19 with a total wall insulation of approx. R-20. Will also insulate access panel to attic. Ceiling or roof blown insulation R value: 38. Basement ceiling R-19, garage walls R-11. • HEAT: Type: High Efficiency Gas furnace with central air • DRYER VENTING will be ducted to exterior w/4" rigid aluminum duct and wall cap. Range hood to have recirculating charcoal filter, not ducted to exterior. • ELECTRIC - ALLOWANCE: $2,500.00 Additional items will be priced accordingly. Electrical contractor will supply a list of any additional items to Hoffman's Custom Contracting after walk through with the owner. Electric allowance includes 300 hook-ups and the following typical items: Bath fan/light combination: 1 in master bath, 1 in powder, 1 in hall bath All outlets grounded. Smoke detectors and 3 outside receptacles - 1 outside garage and 1 outside included, locations to be determined during walk through with customer. Post and postlight with dusk to dawn sensor. Installation included. Outlet and receptacle covers to be white. Control wires for garage door operators and safety sensors included. • PLUMBING - ALLOWANCE: $3,800.00 Plumbing contractor to supply and install the following: (Plumber to contact Hoffman's Custom Contracting before ordering) All fixtures to have shut off valves. ID Qn ?I /yer Page 4 of 8 Seller Water heater: gas, 50 gallon Make: builder's choice 2 floor drains in garage and 1 in basement. Master bath to include the following fixtures: 1- 5' bath tub with faucet, 1 toilet, 1 vanity with 2 bowl top and faucets. Split bath to include the following fixtures: 1 - 5' bath tub with faucet, 1 toilet, 2 vanities with 1 bowl top and faucet. Bedroom 2 bath includes: i - 5' bath tub with faucet, 1 toilet, 1 vanity with 1 bowl top and faucet. Bedroom 5 bath includes: 1- 5' bath tub with faucet, 1 toilet, 1 vanity with 1 bowl top and faucet. Powder room to include the following fixtures: 1 toilet, 1 vanity with 1 bowl top and faucet. Kitchen to include 1 stainless steel double bowl sink, 1 faucet, ice maker hookup. Washer and dryer hook-up in laundry room and slop sink included. • PAINTING: Included in home price. 1 color walls, white ceiling. • FLOOR COVERING - ALLOWANCE: $20,000.00 Includes installation. • DRYWALL: Drywall to be 1/2" thick and glued, screwed and nailed. Water resistive drywall to be installed on walls and ceilings of bath. 5/8"firecode to be installed on living side of garage walls. • KITCHEN CABINETS AND VANITIES - ALLOWANCE: $20,000.00 Includes tops and installation. • APPLIANCES - ALLOWANCE: $5,000.00 • INTERIOR CARPENTRY: Clear jamb, baseboard, door and window casing to be painted. 5 1/2" baseboard, 3 1/2" casing, crown moulding and chair rail in dining room. 19 uyer Page 5 of 8 Seller Closets to have steel wire type shelves installed. Master closet to have double rods. Door bumpers to be hinge and baseboard type as needed. Hardware finish will be owner's choice. Bi-folds to have cove moulding at top and sides of jamb. All trim and doors to be inspected for defects prior to installation. Any defective materials installed by trim carpenter shall be repaired or replaced by trim carpenter before finish is applied. Planing/sanding: All sawed surfaces shall be planed or sanded smooth by trim carpenter before finish is applied. SPECIALTIES - ALLOWANCE: Bath Accessories: $200.00 Mirrors to be installed in master bath will be 1/4" plate glass approx. 42"H x the width of vanity top also in powder room and hall baths. GARAGE TREATMENT: Finished with trim and paint. Floor to be 3500 PSI concrete with 6" wire mesh and 1 floor drain. Garage doors to be paneled foamcore steel, 2" thick in factory finish color. 2 - 9x7 doors to be installed with 2 openers - 1/3 horsepower - contractor's choice. Garage will be 4' wider than shown on plan. • CLEANING: Home to be professionally cleaned at completion including interior and exterior of windows. • LANDSCAPING - ALLOWANCE: $3,000.00 • WORK TO BE DONE BY CUSTOMER: • ANY WORK INCLUDED BUT NOT LISTED IN SPECIFICATIONS: no n, yer Page 6 of 8 Seller I/We have read the scope of work as outlined above and agree with the services to be provided. Date TIM HOFFMAN, HOFFMAN'S CUSTOM CONTRACTING, INC. h 10 -; 'V1'- L- ?- V Date OWNER'S SIGNATURE 1/iL'3 X() D to OW'- S SIGNATURE t Buyer Page 7 of 8 Seller PRICING OPTIONS: Heated tile floor in master bath: ..................................................................... $1,361.00 Automatic lowering device for foyer light .....................................................$1,400.00 Greenboard on 2 garage walls ........................................................................... $124.00 Add 4' to garage (towards front) ....................................................................$1,620.00 Run water and electric to rear of property ................................. ........ Approx $1,460.00 (This could change based on trench conditions) Rough in underslab for future bath in basement ............................................... $616.00 Original Investment .................................................................................... $361,000.00 Options ............................................................................................................ $6,581.00 Total New Home Investment ...................................................................... $367,581.00 WY Buyer Page 8 of 8 Seller HOFFMAN'S CONTRACTING, INC. X 35 Chelsea Lane • Carlisle, PA 17013 • Phone/Fax: (717) 245-9259 www.hoffmanscustomcontracting.com STATEMENT RANDY AND JULIE BAKER 37 Ashton Street Carlisle, PA 17013 September 28, 2004 Invoice #651: $13,466.00 Invoice 4642 $ 1,248.36 Invoice #639 $ 69.16 $14.783.52 Credit (Range) (750.00) Payment on Account (100.00) a TOTAL NOW DUE $13,933.52 L`-J A BUILDING CARLISLE'S FINEST CUSTOM HOMES HOFFMA 'S CONTRACTING, INC. z BILL TO Randy & Julie Baker 37 Ashton Street Carlisle, PA 17013 DATE 9/9/2004 INVOICE # 651 TERMS Due on receipt DESCRIPTION I AMOUNT Install pavers as per original price 7,316.00 Extension of pavers to shed area 1,650.00 Fine grade and seed yard--r- rrE*,%mz-,oN '5sc-aw 4,500.00 s>=c-?? N c? n F 54-' s my kr-E Fob' suer- F-SE7-\ = 3700 , 00 Lo4,,D of Z 8 sir aE U?j _?L sS-?F 3oSOD TO =1 N C C?I'??E L ? t?Rd-?nI> 'p oct-- ? '?? OS ? S H ? 1'7 E CC, ?fRs oo Please remit payment to_ Hoffman's Custom Contracting, Inc. 35 Chelsea Lane rnrficlc IDLE 17f11q INVOICE 35 Chelsea Lane • Carlisle, PA 17013 • Phone[Fax: (717) 245-9259 www.hoffmanscustomr-ontracting.com EXHIBIT "C" TOTAL $13,466.00 BUILDING CARLISLE'S FINEST CUSTOM HOMES HOFFMA 'S CUSTO CONTRACTING, INC. BILL TO Randy & Julie Baker 37 Ashton Street Carlisle, PA 17013 INVOICE 35 Chelsea Lane • Carlisle, PA 17013 • Phone/Fax: (717) 245-9259 www.hoffmanscustomcontracting.com ? DATE I INVOICE # 8/23/2004 642 TERMS DESCRIPTION Master bath shower enclosure Please remit payment to: Hoffman's Custom Contracting, Inc. 35 Chelsea Lane ('_!nrliclo PA 17()1 ? Due on receipt AMOUNT 1,248.36 TOTAL $1,248.36 BUILDING CARLISLE'S FINEST CUSTOM HOMES HOFFMAI 'S CONTRACTING, INC. X BILL TO Randy & Julie Baker 37 Ashton Street Carlisle, PA 17013 INVOICE 35 Chelsea Lane • Carlisle, PA 17013 - Phone/Fax: (717) 245-9259 www.hoffmanscustomcontracting.com DESCRIPTION 4 knobs and 2 pulls for kitchen Install N/C Please remit payment to_ Hoffman's Custom Contracting, Inc. 35 Chelsea Lane f- s?rl?clc PLC 1701'] DATE INVOICE # 8/20/2004 639 TERMS Due on receipt AMOUNT 69.16 TOTAL I $69.16 BUILDING CARLISLE'S FINEST CUSTOM HOMES C ":S ..? rr 77 1 Q:4 V J HOFFMAN' S CUSTOM CONTRACTING, INC., Plaintiff V. RANDALL K. BAKER JULIE BAKER Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Action - Law No. 04-5730 CIVIL TERM ACCEPTANCE OF SERVICE I accept service of the Complaint on behalf of the Defendants, Randall K. Baker and Julie Baker and certify that I am authorized to do so. DATED: November 30, 2004 Keith 0. Brenneman, Esq. Snelbaker, Brenneman & Spare 44 West Main Street Mechanicsburg, PA 17055 Attorney for Defendants HOFFMAN'S CUSTOM CONTRACTING, INC., PLAINTIFF V. RANDALL K. BAKER and JULIE BAKER, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYVLANIA CIVIL ACTION - LAW NO. 04-5730 CIVIL TERM PLAINTIFF'S REPLY TO NEW MATTER AND COUNTERCLAIM AND NOW, comes the Plaintiff, Hoffman's Custom Contracting, Inc., by and through their undersigned attorneys, Saidis, Shuff, Flower & Lindsay, submits this Reply to New Matter and Counterclaim in response to Defendants' New Matter and Counterclaim: 8. Denied. Paragraphs one (1) through eight (8) of the original Complaint are incorporated herein by reference thereto stating a cause of action with a balance due to the Plaintiff of $13,933.52. 9. Denied as a legal conclusion to whichho response is necessary. It is further alleged that the Defendants were credited on their final bill for their lawn because their swimming pool was still under construction. 10. a. Denied as a legal conclusion to which no response is necessary. It is further SAIDIS SNUFF, FLOWER & LINDSAY ATTORNEYSfAT•LAW 26 W. High Street Carlisle, PA alleged that the grading and seeding was complete. b. Denied as a legal conclusion to which no response is necessary. It is further alleged that all areas on the property were finished and raked. C. Denied as a legal conclusion to which no response is necessary. It is further alleged that the area in question was to be grdUed by the Defendants at their request since it is a planting area and there were no plantings included in the specifications in the Construction Agreement. Denied as a legal conclusion to which no response is necessary. It is further alleged that this is an area to be graded by the Defendants at their request. If the grading is performed properly it will cover all exposed areas of the foundation. e. Denied as a legal conclusion to which no response is necessary. It is further alleged that this is an area to be graded by the Defendants at their request. Denied as a legal conclusion to which no response is necessary. It is further alleged that the Defendants' lot is a 1.6-acre lot with an elevation change of plus or minus twelve (12) feet from corner to comer. The Defendants' were asked if they wanted additional fill hauled to their lot and they declined. g. Denied as a legal conclusion to which no response is necessary. It is further alleged that due to township regulations all areas within twenty (20) feet of the roadway are not to be disturbed since this area constitdtes a swale created by the developer. h. Denied as a legal conclusion to which no response is necessary. It is further alleged that the Defendants selected pavers that are a blend of two (2) different colors. i. Denied as a legal conclusion to which no response is necessary. It is further alleged that the Defendants installed the storage shed and directed the Plaintiff to install pavers at an angle to the storage shed since it was elevated. Denied as a legal conclusion to which no response is necessary. It is further SAIDIS SHUFF, FLOWER & LINDSAY ATfORNEYS•AT•LAW 26 W. High Street Carlisle, PA alleged that the Defendants were advised of this before installation and that the Plaintiff would have to return in six (6) months to reset any low areas. 11. Denied as a legal conclusion to which no response is necessary. It is further alleged that all work was performed in a workmanlike manner. 12, Denied as a legal conclusion to which no response is necessary. ANSWER TO COUNTERCLAIM 13. Admitted. 14. Admitted. 15. Denied. Plaintiff is without sufficient knowledge as to the truth or falsity of this averment so it is therefore denied. 16. Denied as a legal conclusion to which no response is necessary. 17. Denied as a legal conclusion to which no response is necessary. 18. a through f. Denied. All items listed were not included in the specifications in the Construction Agreement entered into between the parties. g. Denied. This item was not included in the specifications of the Construction Agreement entered into between the parties. It is further alleged that all cabinetry and built-ins comes from the cabinetry allowance and Defendants did not order cabinets for this area. h. Denied. This item was not included in the specifications in the Construction Agreement entered into between the parties. Denied. Defendants were informed during construction that a fireplace in a bedroom must be vented and a two-sided vented fireplace was not available. Denied. This item was not included in the specifications in the SAIDIS SHUFF, FLOWER & LINDSAY ATtt1RMYSoAT•LAW 26 W. Nigh Street Carlisle, PA Construction Agreement entered into between the parties. Denied. This item was not included in the specifications in the Construction Agreement entered into between the parties. Denied. After viewing the property the tile floor in the master bedroom was installed properly and in a workmanlike manner. n 3 in. Denied. It is denied that these were installed improperly since it was never stated in the specifications that the mirrors would be mitered together. They are installed in a workmanlike manner the way the Plaintiff has always installed them in the past. n. Denied. Caulking in the master bathroom was re-done by Fluss Flooring and after viewing the property it was done in a workmanlike manner. o. Denied. See answer to 18c. P. Denied. The window was installed in a workmanlike manner. q. Denied. After viewing the property, the railing and the doors were installed in a workmanlike manner. r. Denied. After viewing the property, the drywall was installed in a workmanlike manner. S. Denied. After viewing the property, the closet doors have all been installed in a workmanlike manner. t. Denied. After viewing the property, the tile floor in the second bedroom bathroom was installed in a workmanlike manner. U. Denied. After viewing the property, the bathroom fixtures in the second bedroom bathroom was installed in a workmanlike manner. V. Denied. These items were not included in the specifications in the SAIDIS SNUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA Construction Agreement entered into between the parties. w. through z. Denied. After viewing the property these items were performed in a workmanlike manner. aa. through tt. Denied. After viewing the property these items were performed in a workmanlike manner. 4 no. through ww. Denied in part and admitted in part. It is denied that these items were not performed in a workmanlike manner. It is admitted that they can be corrected and the Plaintiff would be willing to do so under the one (1) year warranty once the Defendants account is current. xx. Denied. After viewing the property, the gas line is properly hooked up and installed in a workmanlike manner. yy. Denied. See answer to Paragraph I Oc. zz. Denied. The windows installed in the house are Anderson 400 Series windows as stated in the specifications in the Construction Agreement entered into between the parties. aaa. through ccc. Denied. See answer to Paragraph 10a through g. ddd. Denied. There were extensions placed on the downspouts at the time the Defendants moved into their home. eee. Denied. All materials accumulated from grading and seeing the yard were placed on a adjoining lot which is owned by the Plaintiff. fff. Denied. The Defendants selected a blended color of patio pavers. ggg. Denied in part and admitted in part. It is denied that the pavers were not SAIDIS SHUFF, FLOWER & LINDSAY ATrORNEYS•AT•LAW 26 W. High Street Carlisle, PA installed in a workmanlike manner. It is admitted that it is normal for the pavers to settle in the ground and the Plaintiff is willing to return to the property to make the necessary adjustments once the Defendants account is current. hhh. Denied. See answer to Paragraph 10i. iii. Denied. The exit steps to the patio were installed in a workmanlike manner and exactly as the Defendants requested. jjj. Denied as a legal conclusion to which no response is necessary. 5 19. Denied as a legal conclusion to which no response is necessary. 20. Denied. Plaintiff is without sufficient knowledge as to the truth or falsity of this averment so it is therefore denied and strict proof is demanded at trial. COUNT II BREACH OF EXPRESS WARRANTY 21. through 25. Denied as a legal conclusion to which no response is necessary. It is further alleged that all work was performed according to the specifications in the Construction Agreement and was performed in a workmanlike manner. COUNT III NEGLIGENCE SAIDIS SHUFF, FLOWER & LINDSAY ATr0RNEYS•AT•LAW 26 W. High Street Carlisle, PA 26. through 28. Denied as legal conclusions to which no response is necessary. It is further alleged that all work was performed in accordance with the specifications in the Construction Agreement and were performed in a workmanlike manner. COUNT IV BREACH OF CONTRACT 29. through 31. Denied as legal conclusions to which no response is necessary. It is further alleged that all work was performed in accordance with the specifications in the Construction Agreement and were performed in a workmanlike manner. 6 Respectfully submitted, Saidis, Shuff, Flower & Lindsay Date: r ??ru ?1 1 Ptt)S-By: ?q c (-' . D Ij George F. Douglas, III, E quire 26 West High Street Carlisle, Pennsylvania 17013 Phone: 717.243.6222 Fax: 717.243.6510 Attorney for Plaintiff SAIDIS SNUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA 7 VERIFICATION I verify that the statements made in this Answer to New Matter 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. Hoffman Custom Contracting, Inc. Dated: /'?,fJ 0 ?GV? cslDi T mothy Hoffm , Pres HOFFMAN'S CUSTOM IN THE COURT OF COMMON PLEAS CONTRACTING, INC., CUMBERLAND COUNTY, PLAINTIFF PENNSYVLANIA V. CIVIL ACTION - LAW RANDALL K. BAKER and JULIE BAKER, NO. 04-5730 CIVIL TERM DEFENDANTS CERTIFICATE OF SERVICE On this D Mday of fu44- , 2005, I, Adele H. Group, hereby certify that I served a true and correct copy of the foregoing PLAINTIFF's REPLY To NEW MATTER AND COUNTERCLAIM via United States Mail, first-class, postage prepaid addressed as follows: Keith O. Brenneman, Esquire SNELBAKER & BRE.NNEMAN, P.C. 44 W. Main Street PO Box 318 Mechanicsburg, PA 17055 Saidis, Shuff, Flower & Lindsay SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA ?j By: dv L, Adele H. Group 8 ?; _, ??? : ,- ?? ? ,, E?- ,. _ Hoffman's Custom Contracting, Inc., Plaintiff V. Randall K. Baker and Julie Baker, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-5730 Civil Term *gxxxx Civil Action - Law RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: George F. Douglas, III , counsel for thellaid?tif efendant in the above action (or actions), respectfully represents that: I . The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ 13,933.52 The counterclaim of the defendant in the action is $25,000.00 The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: 0. Brenneman, Esquire, 44 West Main Street, Mechanicsburg, PA 17055 WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submi ed, 4^^ ^ w George F. Dougals, II, Esquire Attorney ID #61886 ORDER OF COURT AND NOW, petition, Esq., and 200, in consideration of the foregoing Esq., and Esq., are appointed arbitrators in the above captioned action (or actions) as prayed for. By the Court, GEORGE E. HOFFER, P.1. ?? \?\ N ny?. v .] O R ?> ?, `? ?_, ?? ,?, ;;! ?; _. ll=ni r ?_ _i. ?,? ` ;_y `- liF HOFFMAN'S CUSTOM CONTRACTING, INC., Plaintiff V. RANDALL K. BAKER and JULIE BAKER, Defendants IN THE COURT OF COMMON CUMBERLAND COUNTY, PE CIVIL ACTION - LAW NO. 04-5730 CIVIL TERM MOTION TO STRIKE PLAINTIFF'S PETITION FOR APPOINTMENT OF ARBITRATORS Defendants Randall K. Baker and Julie Baker, by their attorneys, Snelbaker Brenneman, P. C., submit this Motion to Strike Petition For Appointment of support thereof state the following: 1. This action was initiated by Plaintiff Hoffman's Custom Contracting, Inc. Complaint filed November 16, 2004 seeking to recover the amount of $13,933.52 additional work claimed to be done by Plaintiff for Defendants subsequent to the Defendants' residence at 37 Ashton Street, Carlisle. 2. On December 20, 2004 Defendants filed their Answer, New Matter and Defendants' Counterclaim raises claims for breach of implied warranty, express w negligence and breach of contract seeking damages in excess of $25,000.00 due to failure to construct Defendants' residence in accordance with plans and specificatic the existence of various defects in the construction performed by Plaintiff. 3. On April 21, 2005 Plaintiff filed a Petition For Appointment of Arbitrators 'espect to the above case. OF VANIA and in to of due to LAW OFFICES SNELSAKER & BRENNEMAN, P.C. 4. Prior to Plaintiff filing a Petition For Appointment of Arbitrators, advised Plaintiff that he needed to engage experts in preparation for a trial or Defendants are in the process of engaging experts to assist in the prosecution of Counterclaim raised against the Plaintiff. 5. At the time Defendants filed their Counterclaim, Defendants noted in their Counterclaim that the damages they were claiming were "well in excess of See Paragraphs 20, 25, 28 and 32 of Defendants' Answer, New Matter and 6. Defendants' damages in this action far exceed the new jurisdictional mandatory arbitration in Cumberland County of $35,000.00 established by Order March 30, 2005. 7. As late as March 11, 2005 Defendants' counsel advised Plaintiffs that it was difficult, if not impossible, for Defendant's counsel to indicate how long for completion of discovery since experts would be needed. 8. For the reasons stated above, discovery by the Defendants is not case is not at issue or otherwise ready for a hearing or trial. 9. The amount of damages that Defendants are claiming against Plaintiff by Counterclaim exceeds $35,000.00. 10. For the reasons indicated above, a Board of Arbitrators in Cumberland not have jurisdiction over the parties' claims in this case. 11. Plaintiffs counsel does not consent in this Motion. LAW OFFICES SNELBAKER & BRENNEMAN, P.C. WHEREFORE, Defendants request this Court to strike Plaintiffs Petition counsel of the case. Count of on writing would take and the does 2 of Arbitrators. SNELBAKER & BRENNEMAN, P. C. BY: ??- Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Defendants Randall K. Baker May 4, 2005 and Julie Baker LAW OFFICES SNELBAKER & BRENNEMAN, P.C. VERIFICATION I verify that the statements made in the foregoing Motion are true and understand that false statements herein are made subject to the penalties of 18 Pa.C.k Section 4904 relating to unsworn falsification to authorities. Date: May 4, 2005 Keith O. Brenneman, Esquire LAW OFFICES SNELBAKER & BRENNEMAN, P.C. CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the date, a true and correct copy of the foregoing Motion to be served upon the personl and in the indicated below: George F. Douglas, III, Esquire Saidis, Shuff, Flower & Lindsay, P. C. 26 West High Street Carlisle, PA 17013 SNELBAKER & BRENNEMAN, P.C. By: I`I Keith O. Brenneman, Esquire 44 W. Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Defendants LAW OFFICES SNELBAKER 13RENNEMAN May 4, 2005 n ^° (_. cc> cn -n ' Ti -- ?i7 ? -n ?^ ' , 7 (? ? , ? n ` ??, -: - i ?.,? -. c` _r : --.rn '=? . i? _ n? °n CUSTOM VG, INC., Plaintiff CIVIL ACTION - LAW V. ALL K. BAKER and BAKER, Defendants ORDER AND NOW, this IN THE COURT OF COMMON CUMBERLAND COUNTY, PE NO. 04-5730 CIVIL TERM day of May 2005 upon consideration of the Petition For Appointment of Arbitrators, it is hereby ORDERED that a Plaintiff Hoffman's Custom Contracting, Inc. to show cause, if any it should requested in the foregoing Motion should not be granted. RULE RETURNABLE within twenty (20) days of service of this Order ar )n upon counsel for Plaintiff. BY THE COURT: AS OF YLVANIA to Strike is issued why the Defendants' J. LAW OFFICES SNELSAKER BRENNEMAN CUSTOM VG, INC., Plaintiff IN THE COURT OF COMMON CUMBERLAND COUNTY, PE CIVIL ACTION- LAW V. ALL K. BAKER and BAKER, Defendants NO. 04-5730 CIVIL TERM ORDER AND NOW, this day of May 2005 upon consideration of the Petition For Appointment of Arbitrators, it is hereby ORDERED that a Plaintiff Hoffman's Custom Contracting, Inc. to show cause, if any it should requested in the foregoing Motion should not be granted. RULE RETURNABLE within twenty (20) days of service of this Order upon counsel for Plaintiff. BY THE COURT: OF VANIA to Strike is issued , why the Defendants' J. LAW OFFICES SNELSAKER a BRENNEMAN HOFFMAN'S CUSTOM CONTRACTING, INC., PLAINTIFF V. RANDALL K. BAKER AND JULIE BAKER, DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-5730 CIVIL TERM ORDER OF COURT AND NOW, this day of May, 2005, defendant's counterclaim being in excess of arbitrations limits, IT IS ORDERED that the appointment of George Faller, Jr., Esquire, Stephen Bloom, Esquire and Kara Haggerty, Esquire, as arbitrators, IS VACATED. Bye Court, EdgarB. Bayley, George F. Douglas, III, Esquire For Plaintiff Keith 0. Brenneman, Esquire For Defendants Faller, Jr., Esquire Bloom, Esquire Haggerty, Esquire J 05 :sal a:. in c Ups ?Y l, Curtis R. Long Prothonotary office of the Vrotbonotarp Cumberlantl Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor OLI - 5772 6 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER 2008 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2 BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax !7l 7N ')An <C'7'1