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Home My WebLink About13-3933 Supreme Cou' ~ *Pennsylvania R4 COur Comm -o Pleas For Prothonotary Use Only: Clod C, >rSh Jt Docket No: l.i County 13 The information collected on this form is used solely court administration purposes. This form does not supplement or replace the and service ofpleadings or other papers as required by law or rules of court. Commencement of Action: S El Complaint I1 Writ of Summons i— Petition [_� Transfer from Another Jurisdiction Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: c fld T Dollar Amount Requested: within arbitration limits I Are money damages requested) I(J Yes Ji No (check one (J outside arbitration limits O N Is this a Class Action Suit? a Yes No Is this an MDJAppeal? Ej Yes Ej No A Name of Plaintiff /Appellant's Attorney: A ljaot N 7V� Check here if you have no attorney (are a Self- Represented 1Pro Se] Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS 0 Intentional r J Buyer Plaintiff Administrative Agencies CI Malicious Prosecution Ej Debt Collection: Credit Card Board of Assessment [_] Motor Vehicle FE11 Debt Collection: Other CJ Board of Elections �i Nuisance Li Dept. of Transportation Premises Liability 0 Statutory Appeal: Other S M Product Liability (does not include Employment Dispute: mass tort) E Discrimination J Slander/Libel/ Defamation C Other: J Employment Dispute: Other Zoning Board , ] Other: Ot her: O MASS TORT [_ _i Asbestos N 0 Tobacco ❑ Toxic Tort - DES Ci Toxic Tort -Implant REAL PROPERTY MISCELLANEOUS Lj Toxic Waste ❑Ejectment Other: ©Common Law /Statutory Arbitration B [J Eminent Domain /Condemnation Declaratory Judgment © Ground Rent ❑ Mandamus C� Landlord /Tenant Dispute hJ Non - Domestic Relations FIJ Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY J Mortgage Foreclosure: Commercial r' Quo Warranto .j Dental L_1 Partition [J Replevin CI Legal El Quiet Title ( Other: Medical 0 Other: Other Professional: Updated 1/1/2011 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of FROM MAGISTERIAL DISTRICT JUDGE JUDGMENT COMMON PLEAS No /— 3 y 3 3 6 r, I NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Magisterial District Judge on the date and in the case referenced below. NAME OF APPELLANT MAO. DIST. NO. NAME OF MOJ M S 1r�C . rv1 (Y1 " 3 O'-� �a..�olc. ADDRESS OFAPPE onc r NT CITY STATE ZJP CODE DATE OF JUDOMENi IN TF� CASE OF (PlatnbYi) (Defendant), DOCKET (9 /-7/1S i n c_ d s - r1, SIGNATURE OF AP ELLA � OR ATTORNE OR AG NT MJ'- 0A3(>4-C.V cl5 �3ot3 1 41 rf a P* / 'b wS r This block will be signed ONLY when this notation Is required under Pa. If ap /ant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action R.C.P.D.J. No. 10086. This Notice of Appeal, when received by the Magisterial District Judge, will before a Magisterial District Judge, A COMPLAINT MUST BE FILED operate as a SUPERSEDEAS to the judgment for possession in this case. within twenty (20) days after flfingthe NOTICEofAPPEAL. Signature d Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) In action before Maglstedal District Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon - - „_ - —_ -� - - _ -� appellee(s), to file a complaint In this appeal Name of appellee(s) (Common Pleas No. -- ___-- -_ � -V_ _- _) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appellant or attomey or agent RULE: To - - appellee(s) Name of appellee(S) . (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: .20 VINVAIkSNN3c -- 4 p n e o o 1 t v i n a w r Signature of Prothonotary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF A&WdTffkAAKARR FORM WITH THIS NOTICE OF APPEAL. d1014OH108d ]HI _10 5 Sv P ` AOPC 312 -05 .101 J - to - 0 -2 1 1 1 p W7 �� 1 COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil COUNTY OF CUMBERLAND Case j Mag. Dist. N0: MDJ- 09 -3 -04 1 MDJ Name: Honorable Paula P, Correa/ Msg Associates, Inc. f i V. Address: 5275 East Trindle Road Thomas Flynn, Flynn Group, Realty Suite 110 Management Inc. Mechanicsburg, PA 17050 Telephone: 717- 697 -2201 - `S �In! t P� scar 62 � 3t Pte cG,�. : q Msg Associates, Inc. + 545 E West Street Docket No: MJ- 09304 -CV- 0000095 -2013 �7d 1 P.O. Box 265 Case Filed: 3/22/2013 Wind Gap, PA 18091 I Disposition Details Disposition Summary Docket No Plaintiff D efendant . MJ- 0 9304 -CV -0000095 -2013 Msg Associates, Inc. pisoosition Disposition Date } Realty Management Inc. Judgment for Defendant 06/0712013 i MJ -0 9304- CV -0ODOD95 -2013 Msg Associates, inc. Flynn Group Judgment for Defendant 06/07/2013 i MJ 09304 -CV -0000095 -2013 Msg Associates, Inc. Thomas Flynn Dismissed Without Pre udice i J 06/07/2013 1 ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY /CLERK OF COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A t REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, I OR OTHERWISE COMPLIES WITH THE JUDGMENT. j Date agiste ' 10 t c J go certify 11 Al s lb if UUOand correct copy of the recur o t e procee ngs con a ing t o 1u gmen . i Date Magisterial District Judge { I i I MDJS 315 Page i of 2 Printed 9:41:23AM . it.. _ Fil_ED-0FFIcF. 7013 JUL 12 AM 8: 52 CUMBERLAND COUNTY PENNSYLVANIA PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN(10)DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF Cumberland ; ss AFFIDAVIT: I hereby(swear)(affirm)that I served Q a copy of the Notice of Appeal,Common Pleas No.13-3113, upon the Magisterial District Judge designated therein on (date of service) July 10 ,20 13 ❑ by personal service [E by(certified)(registered)mail, sender's receipt attached hereto,and upon the appellee, Thomas Flynn on July 10 2013 ❑by personal serviceE by(certified)(registered)mail, sender's receipt attached hereto. (SWORN)(AFFIRMED)AND SUBSCRIBED BEFORE ME THIS to .2013 Z�r Signature of official before whom affidavit was made gnature of a rant �Z CONMONWEA Tt OF NNSYLVANIA Title of official Public Brian G Ejnsenbrod�,o koCounlY Dillsburg Bo Ires 1 rch i1,20155 My commission expires on ,20 My Commiss►on ExA T[ON Op NO rAit1E5 MEMSE&PENNu�ANIA ASSOCfA AOPC 312A-05 P• •f CERTIFIED i ! - , i ILT,, RECEIPT M (Domestic Mail Only;No Insurance Coverage Provided) (Domestic Mail On iY;No insurance coverage Provided) C3 c3 For delivery information visit our website at www.usps.come r-1 I ru Postage $ Q) 7Certified $ ? I .,,t.T Certified Fee X3.10 fit• cD U- v.1{{ /A.t�,,-'''^� `yj C4 P Qs aUr' L/ Postmap Return Receipt Fee c r „j �� vf p (Endorsement Required} '{ -'! �4�Sre p Aetu 's _,., i t {�reYV 3 .1 �'� Q (Endorsement Required) y M °r Restricted Delivery Fee 6l_Is�IIJ O AestdctedDelive Fee ' (Endorsement Required) N, { 'L,f i I p � t3 (Endorsement Required) � Total Postage&Fees $ 1.6,11 071! i fYl Total Postage&Fees sent a m f enrTo Cpry . ............................................... � n'1DJ��O R° .____..�...._.___....-!._.....__...:._._...____.`�..__.....__ street i'No.; 1i / L rl �cT or PQ Bax Na. 6 f / � tY �T Z� or PO�rNo S J �r$ --- °-^... ---1 1 _-171- rr.'tid� tax Sv> City,state,zrF+4 "'"--" �/vf y l7OS Ciry State,ZIP+q__._ , y{ - 17 � lY/ PS Form :00 August 2006 See Reverse for Instructions :i+ August 2006 See Reverse for instructions »u F 2i13 zJi3JUL 26 Pm f : n CUtiSERL ; lL COL. ; PENNS YL'vA d COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA • • Michael Goffredo, and • M.S.G. Associates, Inc, Plaintiff • v. CIVIL ACTION - LAW • Flynn Group, Inc, • NO. 2013-3933 • Flynn Group, LLC, • Realty Management • Incorporated and Realty • Management Associates, LLC • Defendants. 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 the Court your defenses and objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 (717) 249-3166 COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Michael Goffredo, and : M.S.G. Associates, Inc, . Plaintiff . • v. • CIVIL ACTION - LAW • Flynn Group, Inc, • NO. 2013-3933 Flynn Group, LLC, . Realty Management . Incorporated and Realty . Management Associates, LLC . Defendants. . • COMPLAINT AND NOW comes the Plaintiffs, Michael Goffredo, as an adult individual, and M.S.G. Associates, INC., who files this instant action against Defendants, the Flynn Group, INC., Flynn Group, LLC. Realty Management Incorporated, and Realty Management Associates, LLC, of which the following is a statement: IDENTITY OF THE PARTIES 1. Plaintiff, Michael Goffredo, is an adult individual residing at 299 Kennedy Drive, Roseto, PA 18013. 2. Plaintiff, M.S.G. Associates, Inc., is a registered Pennsylvania corporation. 3. Plaintiff, M.S.G. Associates, Inc.'s, principal place of business 6695 Sullivan Trail, Suite 201, Wind Gap, Pennsylvania 18091. 4. Defendant, Flynn Group, Inc., is a registered Pennsylvania corporation. 2 5. Defendant, Flynn Group, Inc.'s, registered office address is: 4 Lemoyne Drive, Lemoyne, Pennsylvania 17043. And from its website their principal place of business is 5006 E. Trindle Road, Suite 203, Mechanicsburg, PA 17053. 6. Defendant, Flynn Group, LLC, is a registered Pennsylvania limited liability company. 7. Defendant, Flynn Group, LLC's, registered office address is: 5006 E. Trindle Road, Suite 203, Mechanicsburg, PA 17053. 8. Defendant, Realty Management Incorporated, is a registered Pennsylvania corporation. 9. Defendant, Realty Management Incorporated, registered office address is 2837 N. Front Street, Suite 101, Harrisburg, Pennsylvania 17110, and from websites their principal place of business is 5006 E. Trindle Road, Suite 203, Mechanicsburg, PA 17053. 10. Defendant, Realty Management Associates, LLC is a registered Pennsylvania limited liability company. 11. Defendant, Realty Management Associates, LLC's, principal place of business is 5006 E. Trindle Road, Suite 203, Mechanicsburg, PA 17053. 12. Michael Goffredo is President of M.S.G. Associates, Inc. 13. Thomas Flynn is President of the Flynn Group, Inc., Flynn Group, LLC, Realty Management Incorporated, and Realty Management Associates, LLC. FACTS 14. The averments in paragraphs 1-12 are incorporated herein by reference as if set forth in full. 3 15. On or About January 4, 2013, Plaintiffs began working for Defendants. 16. Defendants desired to move forward with a Bid on construction work with Enterprise Holdings for a construction project in Alexandria, Virginia (the "Project"). See Exhibit 1. 17. On or about January 14, 2013 Defendants, determined to send two representatives of theirs to the pre-bid-walkthrough. The Attendees were to be Michael Goffredo and Matt Socha(Flynn Group/RMI employee). See Exhibit 2. 18. Plaintiffs were ordered to work on the Project January 14, 2013. See Exhibit 3. 19. Defendants shared access to their tools and resources for Plaintiffs to complete his work. See Exhibit 4. 20. Plaintiff, Michael Goffredo, received the title of Director of Construction for the Defendant, Flynn Group on or about January 25, 2013. See Exhibit 5. 21. Defendants, Flynn Group and Realty Management Incorporated's proposal was submitted and signed by Plaintiff, Michael Goffredo, as Director of Construction on Defendants behalf. See Exhibit 6. 22. Plaintiff, Michael Goffredo, continued to use the title of Director of Construction of the Flynn Group, and Defendants, did not stop him or correct him. Moreover, Defendants continued to the work on the project with the Director of Construction. See Exhibit 7. 23. On or about January 31, 2013, Plaintiffs submitted an invoice for services in the amount of$11,100. See Exhibit 8. 4 COUNT I Failure to Pay and reimburse Employee 24. The averments in paragraphs 1-24 are incorporated herein by reference as if set forth in full. 25. When a person works for a business they are either an employee or a subcontractor, according to IRS regulations and Pennsylvania Department of Labor, this is determined by the control the employer or principal has over the employee or agent. 26. Plaintiff, Michael Goffredo, received access to tools and materials of Defendants and utilized same to prepare a bid for the Project. 27. Plaintiff, Michael Goffredo, received a title of Director of Construction from the Defendants,the Flynn Group. 28. Plaintiff, Michael Goffredo, was under the direction and control of the Defendants. 29. Plaintiff, Michael Goffredo, as an employee of Defendants is entitled to compensation for the work he performed for Defendants. 30. Plaintiff, Michael Goffredo, as an employee of Defendants is entitled to reimbursement for out of pocket expenses and mileage for travel on behalf of Defendants. 31. Plaintiff, Michael Goffredo, as an employee is entitled to have his taxes withheld and for his Employer to match certain Social Security and other taxes withholdings such as unemployment compensation. 32. Defendants have violated Pennsylvania's Wage and Hours laws and Federal Fair Labor Standards Act. 5 33. Defendants are subject to administrative and court enforcement of Pennsylvania and federal wage laws. 34. Plaintiff, Michael Goffredo, performed his duties for Defendants and submitted bids for the Project. 35. Plaintiff, Michael Goffredo, is entitled to compensation as an employee, in the amount of $11,100 from Plaintiff. 36. Plaintiff, Michael Goffredo, hourly rate was $110 an hour and he worked 101 hours for Defendants in the month of January 2013. 37. Defendants are subject to a penalty of$2,777.50 for failure to pay wages under 43, PA. Stat. Ann. §260.10. 38. Under the Wage Payment and Collection Law, P.L. 637, No. 329 §9.1, Plaintiff is entitled,to reasonable attorney fees of any nature to be paid by Defendants. WHEREFORE, Plaintiffs respectfully request the Honorable Court enter judgment for Plaintiff, Michael Goffredo, in the amount of$ 11,110.00, a penalty of$2,777.50 and attorney fees, plus interest that has accrued during the course of this litigation and any other relief as the court deems just and proper and against the Defendants. COUNT II ACT BREACH OF CONTRACT (Plead in the Alternative) 39. The averments in paragraphs 1-38 are incorporated herein by reference as if set forth in full. 6 40. A person or entity that performs work for an entity in the state of Pennsylvania is typically considered an employee or an independent contractor. If the court determines that Plaintiff, Michael Goffredo is not an employee than he or his company is an independent contractor. 41. On or about January 4, 2013, Plaintiffs commenced work on a bid for the Project on behalf of Defendants. 42. Plaintiffs completed the assigned tasks and submitted the bid for the Project. 43. Plaintiff sent an invoice in the normal course of business after the project was completed on or about January 31, 2013 to Defendants. 44. Defendants have failed to pay the $11,110.00 invoice, as of July 26, 2013. WHEREFORE, Plaintiffs respectfully request the Honorable Court enter judgment for Plaintiffs in the amount of$11,100 plus interest, and any other relief as the court deems just and proper and against the Defendants. COUNT III PROMISSORY ESTOPPEL (Plead in the Alternative) 45. The averments in paragraphs 1-44 are incorporated herein by reference as if set forth in full. 46. Defendants, the promisors, made a promise that Defendants should have reasonably expected would induce action on the part of the Plaintiffs. 7 47. Plaintiffs relied upon Defendants promises to pay based on actions of the Defendants, and Plaintiff believed he would be paid for the services Plaintiffs rendered. 48. Plaintiffs would not have provided services if Plaintiffs believed they would not be paid. 49. It is an injustice for Plaintiffs not to be paid for the work he or it provided Defendants. And this injustice can be avoided only by enforcing the promise of payment. See, Thatcher's Drug Store of West Goshen Inc. v. Consolidated Supermarkets Inc., 535 Pa. 469, 476, 636 A.2d 156, 160 (1994). WHEREFORE, Plaintiffs respectfully request the Honorable Court enter judgment for Plaintiffs in the amount of$11,100 to prevent an injustice and to ensure the promise to pay is enforced, and any other relief as the court deems just and proper and against the Defendants. Date: ,r4, 2_1 zciJ Stone, Duncan & Linsenbach,P.C. / i ;re , s Duane P. Stone, Esq. Attorney I.D. No. 85715 8 North Baltimore Street Dillsburg, PA 17109 Ph: 717-432-2089 Fx: 717-432-0158 Attorney for Plaintiff 8 VERIFICATION The above Complaint is based upon information which 1 have furnished to my counsel and information which has been gathered by my counsel in preparation of this matter. The language of the Complaint is that of counsel and not of me. I have read the Complaint and to the extent that the Complaint is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the Complaint is that of counsel, I have relied upon counsel in making this verification. I, Michael Goffredo, hereby verify that the facts set forth in the aforesaid Complaint are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. 1 DATE: ZC Zd2 13 By: I _ _NO ichael Goffredo, as . a ult in:'ndual, ,ind as President of M. Associates, Inc. CERTIFICATE OF SERVICE I, Duane P. Stone, Esq., do certify that I have served a copy of Plaintiff's Complaint upon the following by Sheriff Service and first class mail: Flynn Group, Inc. 5006 E. Trindle Road, Suite 203, Mechanicsburg, PA 17053 Flynn Group, LLC 5006 E. Trindle Road, Suite 203, Mechanicsburg, PA 17053 Realty Management Incorporated 5006 E. Trindle Road, Suite 203, Mechanicsburg, PA 17053 Realty Management Associates, LLC 5006 E. Trindle Road, Suite 203, Mechanicsburg, PA 17053 DATE: 2( 20/ /'r • Duane P. Stone, Esq. Attorney I.D. No. 85715 8 North Baltimore Street Dillsburg, PA 17109 Ph: 717-432-2089 Fx: 717-432-0158 Attorney for Plaintiff EXHIBIT 1 Mike Goffredo From: muskerrylynn @gmail.com lent: Saturday,January 05, 2013 6:17 PM To: GOFFREDO Mike Subject: Fwd: Like to propose a exciting option to a common Enterprise challenge.... Let me know? Did not finish closing yet Sent from my iPhone Begin forwarded message: From: "Torn Flynn" <tflvnn d,fivnngroup.eom> Date: January 5, 2013, 5:09:45 PM EST To: "Tom Flynn" <muskerr)lvnn d)Driaii.cori1> Subject: Like to propose a exciting option to a common Enterprise challenge.... Hi John, It's either the short week we had or the state of the market in Commerical Real Estate Development but here I am working late on a Saturday. As I mentioned in our meeting last week if I conduct myself as though i was a Enterprise family member, my apologies. After working hand in hand for almost ten year's with your counterparts in PA, it tough not to feel and act like one. That being said, I learned over 37 years the key to starting a good long lasting relationship is to have equal benefits coming from doing business together. Obviously I can't go out and rent thousand cars a day, so I need to substitute that income benefit back to Enterprise with something equally as important. While we are reviewing the Eisenhower project for that ' Balance Benefit' approach I didn't want that project to hold back or effect the opportunity that presented itself while I was down there last week and that opportunity is all the stores that need updating. In the last eighteen months while building eight or so new locations we started a program we called ' Lipstick and Rouse ' which was and is very successful. Here's a quick draft of how simple it would work : . Four to six weeks before we start a location we give you the necessary measurements and quantities for you to order the long lead items such as carpet, Wall Swipe, The Cloud, furniture and signage ....basically all the Enterprise specific materials provided by you for us to install. All materials not company specific we would provide along with the labor, equipment and supervision. . All work would be done after store hours with all areas cleaned and wiped down in the morning prior to the Enterprise personnel opening up for the day. Most stores will take 4 to 6 nights to complete pending on the current condition of the surfaces and whether your replacing furniture or not. We would propose to begin each project at then end of business Saturday allowing all the demo work and rough carpentry to be done with that extra day. . Other than the lead man this crew of four men or women doing the work will reside in the i Mike Goffredo From: Tom Flynn <tflynn @flynngroup.com> Sent: Wednesday,January 09, 2013 1:37 AM To: GOFFREDO Mike Subject: Fwd: EHI-4700 Eisenhower Ave - Bidding Attachments: 12035 - EHI Eisen - Bidders Form_20130107.pdf; Untitled attachment 00054.htm Sent from my iPhone Begin forwarded message: From: "Mike Ernst"<mernst@rustorling.corri> Date:January 7, 2013, 12:48:36 PM EST To: "Mike Ernst" <mernst @rustorling.cor > Cc: "David den Daas"<DdenDaas@rustorling.com>,<neil.moody@ehi.con >, <Joseph.A.Long@ ehi.com>,<rmelton@a7provectusinc.corn>,<Jim.Stewart2@stantec.corn>, <rjkeller @rcfassoc.com>,<John.P.Derose@ehi.cor€ >, <yaltaro @rnesenassociates.com> Subject: EHI-4700 Eisenhower Ave-Bidding To whom it may concern: We'd like to invite your company to participate in the bidding process for a construction project for one of our clients, Enterprise Holdings. Your company is one of approximately five companies invited to participate in the bidding process. I would appreciate it if you could reply to this e- mail to confirm receipt. The project includes converting an existing 49,000/sf (+/-) warehouse structure into a vehicle maintenance area, vehicle storage area and interior office spaces. Site enhancements include but are not limited to grading and resurfacing the existing parking lot, expanding the existing parking lot, installing a new BMP and landscaping, for a 3.8 acre site. Current plans and specifications are/will be available for download from the FTP site listed below (Civil Drawings and Specifications should be posted later today). These drawings supersede any drawings previously posted. We will let you know as new/revised information is posted after this initial notification. It is anticipated that construction will be ready to begin mid February 2013. The Site Plan is in the final stages of the review process with the City of Alexandria. The building plans have been submitted for Advanced Plan Review with the City of Alexandria so that permit drawings can be submitted as soon as the Site Plan is approved. We anticipate a three week turn around for the building permit. We have submitted for an interior demolition permit and anticipate approval by the end of January at which point interior demolition should be able to commence. The Owner would like to move-in (i.e. have a temporary or final Certificate of Occupancy) to the facility by June 30th 2013. We have not yet scheduled a walk-through of the site, but will forward information on a date and time for the walk through as soon as it is available. If you have any questions during bidding please forward them to Dave den Daas (Dde nDaca@i ustorlir j.c .n ) or myself (1 nee cis us_Im oinchco r) via e-mail. We will respond to all bidders. 1 RUST ORLING '2035ERAC 4700 Eisenhower Ave. Alexandria,VA 22304 DOCUMENT 003000- PROPOSAL FORM Enterprise RAC Company of Maryland c/o Mike Ernst Rust I Orling Architecture 1215 Cameron Street Alexandria,Virginia, 22314 mernst@rustorling.com I have received the Proposal Documents entitled Enterprise RAC Company Office,Vehicle Maintenance, and Warehouse Facility. I have read and understand the Documents and my proposal is made in accordance therewith.I have familiarized myself with the local conditions under which the Work is to be performed,This proposal is based upon the materials,systems,and equipment described in the drawings and specifications. In submitting the proposal I agree: A.To hold my proposal open for a period of thirty(30)calendar days following the date of submission. B. To enter into and execute a Contractor's Agreement between the Owner and Contractor. Based on the drawings,specifications, contractors construction bid,and any subsequent value engineering enter into,and execute a Contractor's Agreement where the basis of payment is a stipulated sum. C.To the Change Order mark-up percentages listed in the Contractor's Agreement. Bidder acknowledges receipt of the following addendum: Bids shall be received by Mike Ernst at Rust I Orling Architecture(hard copies and/or.pdf files via e-mail)by 12:00 p.m. EST on January 25th, 2013, BASE PROPOSAL: Including all work as indicated, described or as required I propose the following: 1. Provide all specified and required Construction as indicated/specified in the drawings and specifications for a Lump Sum cost of: The contractor is required to submit the bid in detail. At a minimum,the Bidders shall attach hereto a Schedule of Values segmenting the total price into discreet costs for each trade, general requirements, insurance, profit and overhead.This should be submitted in the format indicated below(or similar).Additionally,if there are qualifications to the bid,they must be submitted on a separate sheet.Qualifications that are in conflict with the drawings and specifications may necessitate disqualification of the Bid. 2. Cost for provision of Performance and Payment Bonds is $ 3. The estimated number of weeks to complete construction of this Project is Pods 12)3 CAMERON SIR€E1 ALEXANORrA,VA 223i4 v03836 320i 703 S484T'70 RUSTORUNG.C:OM Mike Goffredo From: Georgia Liddell <Georgia @fiynngroup.com> Sent: Thursday,January 17, 2013 9:47 AM To: Tom Flynn; Matt Socha; Mike GOFFREDO Subject: RE: Enterprise Rent-A-Car Hi Toil, r`c a don t have to forward me toe - �r e ! `,n ou co{ on the 'is t fi.. kz� [_ �i �: � �t n�atYn�@flylln�'rV S1� 4.V Ff[ am .r"1 �`�� 4E it V�L�[:l�i 1..31 Matt and Mike From: Tom Flynn Sent: Thursday, January 17, 2013 9:46 AM To: Matt Socha; Mike GOFFREDO Cc: Georgia Liddell Subject: Fwd: Enterprise Rent-A-Car vvww.fly ngroup.com Begin forwarded message: From: "SPECIALTY CONSTRUCTION LLC" <specialt yconstructionii?live.com> Date: January 17, 2013, 9:09:41 AM EST To: "estimating" <estimating@flvringroup.com> Subject: Enterprise Rent-A-Car Yes we will be bidding this project Specialty Construction LLC. This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed.If you have received this email in error,please notify the sender and delete this message.Please note that any views or opinions presented in this email are solely those of the author and do not necessarily represent those of Specialty Construction LLC.The recipient should check this email and any attachments for the presence of viruses.Specialty Construction accepts no liability for any damage caused by any virus transmitted by this email. 1 EXHIBIT 2 Mike Goffredo From: Tom Flynn <tflynn mup.com^ Sent: Thursday, January 10, 2013 11:09 AM To: Mike Ernst Cc: David den Daas;Joseph.A.Long@ehi.com; neil.moody@ehi.com Subject: Re: EHI Eisenhower Pre-Bid Walk Through Hi Mike, There will two representatives attending the Pre-Bid walk thru for RMI/ Flynn Group. Thanks and I have several questions that might necessitate me calling you prior to the meeting. www.f!ynnArouV.com On Jan 9, 2013, at 2:52 PM, "Mike Ernst"«nnernstPrustori/n�.com>vvrote: A pre-bid walk-through of the building/site is scheduled for Monday, January 14th, 2013 at 9:00 a.m. Please let me know if you will not be able to attend. Mike Ernst,AlA,lEEDA9BD+C PUST ORLU`|:— xxcn�scToas I!5C13111ernnS��cz 22:1 L.' o,eon.A��u��om x |G7 "n°mowi cvm 1 Mike Goffredo Subject: Canceled:Tom and Mike meeting in Rockville at noon to go to Alexandria site Location: Rockville - location TBD Start: Fri 1/11/2013 12:00 PM End: Fri 1/11/2013 3:50 PM Show Time As: Free Recurrence: (none) Meeting Status: Not yet responded Organizer: Tom Flynn Importance: High When: Friday,January 11, 2013 12:00 PM-3:50 PM (UTC-05:00) Eastern Time (US& Canada). Where: Rockville - location TBD Note: The GMT offset above does not reflect daylight saving time adjustments. 1 EXHIBIT 3 Mike Goffredo From: muskerrylynn @gmaii.com Sent: Monday,January 14,2013 1:17 AM To: GOFFREDO Mike; Socha Matt Subject: Just got home from DC Its late but good weekend in DC. Michelle has 4 large projects in the next 6 months so we really need to prepare big time for rhis opportunity. Represent us well and talk say 7:30. Good Luck and drive safe n Thanks.Tj Sent from my iPhone= EXHIBIT 4 Mike Goffredo From: Georgia Liddell <Georgia @flynngroup.com> Sent: Wednesday,January 16, 2013 3:38 PM To: Mike Goffredo Cc: Matt Socha Subject: Eisenhower Addendums Attachments: 01 - Walk Through Sign-In.pdf; 02 -Addendum#1 - Arch Narrative.pdf;03 -Addendum #1 - MEP Narrative.pdf;04 - SAMPLE Schedule of Values.xlsx I am uploading these to share file now. I will send you the link soon. Georgia Georgia Liddell Executive Assistant to Tom Flynn-President Flynn Group 5006 Trindle Road,Suite 100 Mechanicsburg,PA 17050 T: (717)790-0110 F: (717)790-0113 Cell: (717)503-9793 Email:Qeorgiaii)flvim g roup.corn 1 M ike Goffredo From: Dave Stiles <dstiles@pop > lent: Wednesday,January 16, 2013 4:01 PM To: Mike Goffredo; 'Tom Flynn' Cc: Mark Popp le Subject: RE:Alexandria p ject Yes we can do the site concrete, paving, gradin8, storm sysi-ems and bio-retentioo system, { vvU\take a took as the va 0 hydrants but | don't hrreseeaOrob}emindoing thousasmeii |'Ukeeki |ookingi al:this- Thanks, Dane David A. Stiles General Superintendent Popple Construction, inc. 31SESoldorAve FA 18702 1-)hone:570-323-053 Y. �z 570-823-3352 dsb&sftpmppleconstmcdon.coo/ From: Mike Goffredo [mai)to:mikeOmagainc.com] Sent: Wednesday, January 16, 2013 3:39 PM To: 'Tom Flynn'; Dave Stiles Subject: RE: Alexandria p ject uaxe' FYi—The ArchkectiusLsem "Js 4ddenduno . Ale mNl-:nwarU yous;Tiort|yVVithrespectto1heprojed: VVi|| youhanetheabXityLopeilono1heI|1eConcrete *orkthens? Will von have The ability 1operforrnzhe Paving wmrkthere� 6 The storm systems' Biu Het, area, and g/ading vvork isfeir>ysTrai8htfonmsrd There are a number ofyard hy:irants for coses Try to /ook those syszem� het me know |f you have any question:„ Thmn�s Michae| Goffredo MSGI • � S 2 " °sic � °�� Construction Management 545E.West SL.P.O. Box 2OS|Wind Gap, PA18OQ1 |01O.8G32OOO!Cell 484.238.3518 From: Tom Flynn [mailto:tflynn©flynnarouiicoml Sent: Wednesday, January 16, 2013 3:26 PM 0m: Dave Stiles Subject: Alexandria project EXHIBIT 5 Mike Goffredo From: Mike Goffredo Sent: Friday,January 25, 2013 3:19 PM To: 'mernst @rustorling.com' Cc: Tom Flynn; Georgia Liddell Subject: Enterprise -Alexandria Attachments: EHI Eisenhower- FINAL Bid Form 01252013 (2).pdf Mike, At the request of Tom Flynn I am sending you a copy of our Proposal for the captioned project. Please feel free to contact me with any questions. Have a Great Weekend! Mike Michael Goffredo Director of Construction Flynn Group 5006 Trindle Road, Suite 100 Mechanicsburg,PA 17050 Main Office(T)717.790.0110(F)717.790.0113 Lehigh Valley Office(T)610.863.2000(F)610.863.9139 Cell: 484.239.3518 Email:mike ci flvnngroup.com 9 EXHIBIT 6 Mike Goffredo From: Mike Ernst <mernst @rustorling.com> Sent: Friday,January 25, 2013 5:52 PM To: Mike Goffredo Cc: Tom Flynn; Georgia Liddell Subject: RE: Enterprise - Alexandria Mike. Please submit your schedule of values. Thank you. Mike Ernst, AIA. LEED AP BD---(' . RUST I ORRLUNG ARCHITECTURE mernst:aru storling.com From: Mike Goffredo [mailto:mike0flynngroup.com] Sent: Friday, January 25, 2013 3:19 PM To: Mike Ernst Cc: Tom Flynn; Georgia Liddell Subject: Enterprise -Alexandria Mike, At the request of Tom Flynn I am sending you a copy of our Proposal for the captioned project. Please feel free to contact me with any questions. Have a Great Weekend! Mike Michael Goffredo Director of Construction Flynn Group 5006 Trindle Road, Suite 100 Mechanicsburg,PA 17050 Main Office(T)717.790.0110(F)717.790.0113 Lehigh Valley Office(T)610.863.2000(F)610.863.9139 Cell: 484.239.3518 Email:mikeki flvnnaroup.com 45 arc_ °,?'705.3 DOCUMENT 003000- PROPOSAL FORM Enterprise RAC Company of Maryland c/o Mike Ernst Rust I Orling Architecture 1215 Cameron Street Alexandria, Virginia,22314 mernst @rustorling.com I have received the Proposal Documents entitled Enterprise RAC Company Office,Vehicle Maintenance,and Warehouse Facility. I have read and understand the Documents and my proposal is made in accordance therewith.I have familiarized myself with the local conditions under which the Work is to be performed.This proposal is based upon the materials,systems, and equipment described in the drawings and specifications. In submitting the proposal I agree: A.To hold my proposal open for a period of thirty (30) calendar days following the date of submission. B.To enter into and execute a Contractor's Agreement between the Owner and Contractor. Based on the drawings,specifications,contractor's construction bid,and any subsequent value engineering enter into,and execute a Contractor's Agreement where the basis of payment is a stipulated sum. C.To the Change Order mark-up percentages listed in the Contractor's Agreement. Bidder acknowledges receipt of the following addenda : Addenda 1,2,3,4 and 5 Bids shall be received by Mike Ernst at Rust ( Orling Architecture (hard copies and/or.pdf files via e-mail) by 12:00 p.m.EST on January 25th,2013. BASE PROPOSAL: Including all work as indicated,described or as required I propose the following: 1. Provide all specified and required Construction as indicated/specified in the drawings and specifications for a Lump Sum cost of: Three Million Three Hundred Sixty Thousand($3,360,000.00)Dollars The contractor is required to submit the bid in detail. At a minimum,the Bidders shall attach hereto a Schedule of Values segmenting the total price into discreet costs for each trade, general requirements, insurance, profit and overhead.This should be submitted in the format indicated below (or similar). Additionally,if there are qualifications to the bid, they must be submitted on a separate sheet.Qualifications that are in conflict with the drawings and specifications may necessitate disqualification of the Bid. 2. Cost for provision of Performance and Payment Bonds is $28,000.00 3. The estimated number of weeks to complete construction of this Project is Twenty-six(26). 5006 E.Trindle Road• Mechanicsburg, PA 17050 717.790.0110(P) • 717.790.0113 i--7- r z v a ar I 4. Alternate bids per the addenda. Alternate "titles"are listed below. See addenda for descriptions: Alternate 1: Per Addendum #1 (1.30.1)-Installation of surface applied interior insulation. (Add) $35,000 Alternate 2: Per Addendum #1 (1.30.2)-Remove and replace RTU's. RTU-1 (Add) $ 15,000 RTU-2 (Add) $ 15,000 RTU-3 (Add) $ 15,000 RTU-4 (Add) $ 12,000 All four RTU's (Add) $57,000 Alternate 3: Per Addendum #1 (1.30.3)- 1 Year GC warranty in lieu of 3 Year GC warranty (Deduct) $24,000 Alternate 4: Per Addendum #1 (1.30.4)-Change wall type 1 b to wall type 1. (Add/deduct) $ Price not available at time of bid Alternate 5: Per Addendum #1 (1.30.5)-Wall type 3 to top of block (Add/deduct) $ Price not available at time of bid Alternate 6: Per Addendum #1 (1.30.6)-Automatic irrigation system (Add) $ 15,000 Alternate 7: Per Addendum #3 (1.01-1)-Replace pressure reducing valve (Add) $1,800 Alternate 8: Per Addendum #3 (1.01-2) -Repair/replace damaged guard rails and concrete stoop (Add)$5,200 Alternate 9: Per Addendum #4 (1.01.4)-Install 30 wall mounted emergency lights in lieu of repairing the inverter (Add) $12,000 Alternate 10: Per Addendum #5 (1.02)-Repair existing sump pumps (Deduct) $2,500 5006 E.Trindle Road • Mechanicsburg, PA 17050 717.790.0110(P) • 717.790.0113 'i t �)f E.Tii I'ie Road .. i .t _�haric..utg.Fr.2705h 5. The Owner is interested in Cost Saving and/or Value Engineering options for the project. Please provide pricing for and descriptions of any Cost Saving and/or Value Engineering alternate bids below or on a separate sheet: Alternate l: In lieu of total reconstruction of the existing full depth parking lot; (a) Remove and dispose of existing curb islands, (b) Place 3"asphalt base course in the area of existing islands, (c) Mill existing surfaces to 1 1/2"depth, (d) Overlay with I 1/2"of wearing course, and(e) Transition the new paved lot to the new grading plan.This requires minor grade adjustments. (Deduct) $155,000 Alternate 2: In lieu of removing and disposing of all of the existing pave and aggregate base material under the pavement sections we propose to; (a) Recycle the existing aggregate base for the new paving section, (b) the in-place depth of the existing aggregate is unknown and there may not be adequate quantities of recycled material to complete the project. In that instance we would, (c) utilize pave millings to supplement the recycled aggregate. (Deduct) $30,000 Alternate 3: Change two (2) Overhead Doors at the Car Staging Entrance/Exit locations from the high speed coiling doors that are specified to conventional high-lift, electrically operated, sectional overhead doors. (Deduct) $34,000 Alternate 4: Change all painting products that are currently specified as being manufactured by Polomyx to products manufactured by Sherwin Williams. (Deduct) $28,000 ADDITIONAL INFORMATION: In addition to the BASE PROPOSAL information above, please provide the following qualification information: Company Profile: • See attached. 5006 E.Trindle Road • Mechanicsburg, PA 17050 717.790.0110(P) • 717.790.0113 50u6 E.Trina`Ie toof.1 U\ S n Relevant Experience: • Enterprise Holdings Inc.-Harrisburg, PA New Administration Building Size:30,000 SF Project Value:$5,200,000 • Enterprise Holdings Inc.-Allentown, PA Renovations &Additions for New Sales, Rental, &Service Facility Size:28,000 SF Project value:$2,900,000 • Enterprise Holdings Inc.-Wilkes Barre, PA New Sales, Rental, &Service Facility Size: 12,000 SF Project Value:$2,200,000 (Project Completion-May 2013) References: • Michelle Bosch,Vice-President &General Manager Enterprise Rent-a-Car 2 Research Place,Suite 300 Rockville, MD 20850 301.990.3215 • Robert Coakley, Group Operations Manager Enterprise Rent-a-Car 2625 Market Place Harrisburg, PA 17110 717.909.5007 Signed: Name: Michael Goffredo, Director of Construction 5006 E.Trindle Road • Mechanicsburg, PA 17050 717.790.0110(P) • 717.790.0113 SCHEDULE OF VALUES IContractor/Bidder Name: Flynn Group/R.M.I. GC License Number: Re-licensing Pending Contact Person: Thomas J. Fllynn Street Address: 5006 E. Trindle Road, Suite 100 City, State,Zip: Mechanicsburg, PA 17050 Telephone: 717-790-0110 Email: nn2roup.com CSI DIVISION CSI DIVISION DETAIL COST NOTE Division 1 General Conditions Project Supervision and Related Expenses $ 86,119 Project Management and Administration $ 59,862 Temporary Facilities $ 14,803 Cleaning - Final Cleaning-Waste Disposal $ 20,931 Misc. Expenses $ 30,893 General Liability Insurance $ 9,114 No Builder's Risk coverage Building Permits $ 28,050 Allowance for Permits pending final determination of costs. Division Subtotal: 7.81% $ 249,772 Division 2 Site Construction Pre-Construction $ 78,500 Demoliton $ 57,679 E&S Control $ 25,985 Excavation $ 112,200 Storm $ 151,739 Paving $ 334,479 Misc. $ 164,205 Selective Demolition - Building & Structural $ 107,000 Division Subtotal: $ 1,031,787 Division 3 Concrete Concrete Patching & Repairs $ 43,000 Division Subtotal: $ 43,000 Division 4 Masonry $ 17,000 Division Subtotal: $ 17,000 Division 5 Metals $ 42,500 Division Subtotal: $ 42,500 Division 6 Wood & Plastics Rough Carpentry $ 4,000 Finish Carpentry $ 7,900 Division Subtotal: $ 11,900 Division 7 Thermal &Moisture Proection Re-Roofing of Existing Building $ 235,931 Siding Repairs $ 5,000 Joint Sealers $ 7,500 Division Subtotal: $ 248,431 Division 8 Doors&Windows Doors , Frames, & Hardware $ 54,510 Aluminum Entrances, Windows &Glazing $ 42,319 Overhead Coiling Doors $ 80,427 Division Subtotal: $ 177,256 Division 9 Finishes Framing, Gypsum Drywall, &Acoustical $ 309,500 Ceramic Tile $ 6,850 Carpet $ 45,000 Resilient Flooring $ 11,980 Painting $ 71,200 ,Painting- Interior Striping $ 5,000 Division Subtotal: $ 449,530 Division 10 Specialities Toilet Compartments $ 4,676 Toilet Accessoroes $ 3,143 Building Signage $ 2,067 Fire Extinguishers $ 1,060 Division Subtotal: $ 10,946 Division 11 Equipment Folding Partition $ 18,500 Vehicle Service Equipment $ 83,000 Division Subtotal: $ 101,500 Division 12 Furnishings Manufactured Casework $ 3,366 Window Treatments $ 4,862 Division Subtotal: $ 8,228 Division 13 Special Construction Pre-engineered Structures $ 22,950 Division Subtotal: $ 22,950 Division 14 Conveying Systems -NOT APPLICABLE Division Subtotal: $ - Division 15 Mechanical Fire Protection Piping $ 120,000 Plumbing Fixtures and Equipment $ 225,800 Heatin , Ventilating and Air Conditioning $ 288,000 Division Subtotal: 19.82% $ 633,800 Division 16 Electrical Electrical Systems _ $ 149,400 Division Subtotal: 4.67% $ 149,400 Total Project Costs $ 3,198,000 JOverhead and Profit I 5-07% I $ 162,000 I $ 3,360,0001 Bidder agrees that if this bid is accepted as herein provided, he will, except to the extent otherwise specifically provided in the Contract Documents,provide all labor, materials,supplies, tools,plant and equipment necessary to perform all the work described in the Construction Documents in strict accordance with the terms and provisions of the Contract. EXHIBIT 7 Mike Goffredo From: Tom Flynn To: Mike Goffredo Sent: Tuesday,January 29, 2013 11:05 AM Subject: Read: Enterprise -Alexandria Your message To: mernstOrustorling.com Cc: John DeRose (iderose@lerac.conm); CFM Joseph A. Long (>oseph.A.Long(aehi.com); Tom Flynn Subject: Enterprise - Alexandria Sent: 1/29/2013 10:52 AM was read on 1/29/2013 11:05 AM. 29 When you get a chance, let me know what works well with your schedules for me to come down and review these ideas with you. Have a good weekend TJ Thomas J. Flynn President Flynn Group 5006 East Trindle Road,Suite 203 Mechanicsburg, Pa 17050 Office(717)790-0110 Fax (717)790-0113 Cell (717) 648-5050 www.flynngroup.com<http://www.flynngroup.com> [cid:image002.jpg( 01CDFBOF.A191A39Oj The information contained in this email and attachments is confidential and privileged information and is attorney work product, intended for the individual or entity named above. If the reader of this email is not the intended recipient,the reader is hereby notified that any dissemination,distribution, or copy of this information is strictly prohibited. If you have received this email in error, please notify us by telephone or email and delete the entire email and any printed nformation obtained through this email.Thank you. From: Mike Goffredo Sent: Friday,January 25, 2013 3:13 PM To:Tom Flynn Subject: Enterprise-Alexandria Tom, I am forwarding our Proposal for General Construction services at the Enterprise,Eisenhower Avenue project in Alexandria,Virginia for your review.We have experienced significant positive trade input from local contractors and very competitive pricing from many of those firms.Several interesting Value Engineering suggestions have been presented for consideration and we have offered Alternate Pricing in accordance with the Architect's direction.As you know,there are other potential construction related savings that might be explored should we have an opportunity to meet with the Enterprise Team. Thanks, Mike Michael Goffredo r)ire ctor of Construction .ynn Group 5006 Trindle Road, Suite 100 31 Mike Goffredo From: Georgia Liddell on behalf of Tom Flynn Sent: Tuesday,January 29, 2013 10:58 AM To: Mike Goffredo Subject: FW: EHI Eisenhower- Bidding From: Mike Ernst [mailto:mernst @rustorlinci.com] Sent: Monday, January 28, 2013 10:17 AM To: Andy Martin; John F. Martin (imartin @Ifienninas.com); Scott W. Harleman (sharleman @lfjennings.com); Sean;Terry Hann; Tom Flynn; Walter Cc: Long,Joseph A (Joseph.A.Long @ehi.com); David den Daas; 'neil.moody @ehi.com' (neil.moody ehi.com) Subject: EHI Eisenhower- Bidding All, We have received the bids and are in the process of reviewing them. During our review we will contact you with questions we may have (that we haven't asked already). Thank you again for participating. Mike Ernst,AIA,LEED AP BD+C RUST ORLING ARCHITECTURE 215 Cameron Street Alexandria. Virginia.22314 m e rn st,h?ni st or i m e.c om 703-836-3205 x i 07 w w.rustorling.coin 33 Alternate 1 —Please ensure that the EVE requirements shown on sheet 6 of 27—Final Site Development Plan and sheet 18 of 27—Site Details from the Civil Engineers drawings can be met though your proposed method. Refer to Civil sheet 5 of 27—Existing Conditions Plan for extents of existing EVE versus the proposed EVE. These pavement sections are strictly enforced by the City of Alexandria. Alternate 2—This proposed method is acceptable if it meets the requirements of the Civil engineer's proposed design. Alternate 3—Please provide a product for the proposed door substitution. We may seek another round of clarifications following your submission of a schedule of values. We would appreciate a response as soon as possible. We are meeting with the owner on Wednesday morning to review the bids. Thank you. Best Regards, DAVID DEN DAAS, LEED AP RUST ORLING I^_li Cameron St. Alexandria.VA 22314 T 703.836.3205 F 703 548,4779 35 Mike Goffredo From: Georgia Liddell on behalf of Tom Flynn Sent: Tuesday,January 29, 2013 5:34 PM To: Mike Goffredo Subject: FW: EHI EisenHower- Performance Bond From: David den Daas [mailto:DdenDaas @rustorling.com] Sent: Tuesday, January 29, 2013 12:38 PM To: Tom Flynn Subject: EHI EisenHower- Performance Bond Tom, Was your performance bond part of your base bid or independent of it. We didn't see it itemized in your 01 —General Conditions Best Regards, DAVID DEN DAAS, _EEDAP RUST ORLING 1215 Cameron St, Alexandria,VA 22314 T 703.836.3205 F 703.548.4779 23 Mike Goffredo From: Mike Ernst <mernst @rustorling.com> Sent: Tuesday,January 29, 2013 12:14 PM To: Mike Goffredo Cc: David den Daas Subject: RE: Enterprise - Alexandria Attachments: EHI Eisenhower- Bid Clarifications Make, Any word on the answers to the questions we sent to Torn the other day—see attached? He sent us an e-mail acknowledging that he received the questions, we just haven't seen any responses yet. Thanks. Mike Ernst, AIA. LEE:D AP BU-1-C RUST I ORLING ARCHITECTURE ternst(rustodinQ.cOm From: Mike Goffredo [mailto:mike(1flynngroup.com] Sent:Tuesday, January 29, 2013 10:52 AM To: Mike Ernst Cc:jderose@aierac.com;joseph.A.Longt ehi.com; Tom Flynn Subject: Enterprise -Alexandria Gentlemen, We attempted to send this message yesterday morning and have just realized that we did not receive a delivered message response. Please let me know that you have received this transmission by clicking the Read Receipt.Thanks for your patience. MG Mike, Please find our breakdown of the Proposal for the Alexandria project.We apologize for the delay in providing this supporting information. Please feel free to contact me with any questions or comments.Thanks for your cooperation. Best regards Aid Michael Goffredo Director of Construction Flynn Group 5006 Trindle Road,Suite 100 Mechanicsburg,PA 17050 Main Office(T)717.790.0110(F)717.790.0113 Lehigh Valley Office(T)610.863.2000(F)610.863.9139 Cell: 484.239.3518 25 Mike Goffredo From: DeRose, John P <John.P.Derose @ehi.com> Sent: Tuesday,January 29, 2013 11:17 AM To: Mike Goffredo Subject: Read: Enterprise -Alexandria Attachments: Read: Enterprise-Alexandria CONFIDENTIALITY NOTICE:This e-mail and any files transmitted with it are intended solely for the use of the individual or entity to whom they are addressed and may contain confidential and privileged information protected by law. If you received this e-mail in error, any review, use,dissemination, distribution,or copying of the e-mail is strictly prohibited. Please notify the sender immediately by return e-mail and delete all copies from your system. 27 Mike Goffredo From: Tom Flynn Sent: Wednesday,January 30, 2013 9:44 AM To: Mike Goffredo Cc: Georgia Liddell Subject: Re: Enterprise -Virginia Registration & Licensing Handled as discussed www.flvnngroup.com On Jan 29, 2013, at 2:05 PM, "Mike Goffredo" <mike @flynngroup.com>wrote: Tom, This is perhaps the most important question posed by Joe Long to date. How do you wish that I respond? • Our licensing and registration applications are in the process of being submitted to the State. • We have two Qualified Individuals(QI's)that are participating with us in our licensing applications. • We have two Qualified Individuals(QI's)that are participating with us in our licensing applications while Mr. Goffredo, who has been licensed in seven states,secures the QI status. • Other? As I noted previously,the process in Virginia is quite precise and predictable. I have attached information regarding the Registration & Licensing Requirements in the State. We need to talk about this ASAP.Thanks. Original Message From: Long,Joseph A[mailto:Joseph.A.Long @ehi.con-i] Sent: Friday,January 25, 2013 6:55 PM To:Tom Flynn; DeRose,John P Subject: RE: Enterprise -Alexandria Hi Tom, Thanks for your email.A question came up during a meeting yesterday with architects/engineer working with the City of Alexandria. Do you have a Virginia General Contractors License? Thanks,Joe Michael Goffredo Director of Construction Flynn Group 5006 Trindle Road,Suite 100 Mechanicsburg,PA 17050 Main Office(T)717.790.0110(F)717.790.0113 Lehigh Valley Office(T)610.863.2000(F)610.863.9139 21 EXHIBIT 8 ivisG INVOICE A S S O C I A T E S . CONSTRUCTION SERVICES GROUP INVOICE NUMBER 545 E.West Street•Wind Gap,PA•18091 1301-01 January 31, 2013 Realty Management Inc. PROJECT: Enterprise Holdings Inc. 5006 Trindle Road Eisenhower Avenue Project Mechanicsburg, PA 17050 Alexandria,VA HOURLY CONSTRUCTION CONSULTING SERVICES& EXPENSES DATE DESCRIPTION HOURS RATE TOTAL 01/04/13 Preliminary review of floor plans&elevations-email 1.00 $ 110.00 $ 110.00 01/08/13 Review TJF correspondence to ERAC 1.00 $ 110.00 $ 110.00 01/09/13 Review Invitiation to Bid- Review all Drawings&Specs 2.00 $ 110.00 $ 220.00 on FTP site. Telcons with TJF. 01/14/13 Attend Pre-bid walk-through with Matt Socha. Depart 14.00 $ 110.00 $ 1,540.00 4:30 AM-Arrive @ site 9:15-Dep to Mechanicsburg 11:30-Dep to Wind Gap 17:00- End Wind Gap 19:00. 01/15/13 Build Blue Book Bid file-import bid documents 8.00 $ 110.00 $ 880.00 01/16/13 Complete BBB files-send Invitations to Sub Bidders 10.00 $ 110.00 $ 1,100.00 01/17/13 Follow-up calls with bidders. Telcon w/M Ernst-specs 6.00 $ 110.00 $ 660.00 01/18/13 Build Master Bid Sheet-Estimate General Conditions 4.00 $ 110.00 $ 440.00 01/21/13 Bid Prep- Review all Addenda- Follow-up calls 8.00 $ 110.00 $ 880.00 01/22/13 Travel to Site with TJF& MS. Meet with Popple& LR 14.00 $ 110.00 $ 1,540.00 Costanzo reps. Depart 07:15 Return 21:30 01/23/13 $ 110.00 $ - 01/24/13 Mechanicsburg Office-Bid Preparation Depart 08:00 12.00 $ 110.00 $ 1,320.00 Return 21:30 01/25/13 Mechanicsburg Office-Final Bid Preparation Depart 12.00 $ 110.00 $ 1,320.00 06:30-Return 18:30 01/27/13 Prepare Breakdown of Estimate for TJF review 5.00 $ 110.00 $ 550.00 01/28/13 Complete and send Breakdown to M. Ernst 4.00 $ 110.00 $ 440.00 THIS INVOICE TOTAL $11,110.00 PROJECT SUMMARY: Previous Billings $ - Current Invoice $ 11,110.00 Project Total $ 11,110.00 SHERIFF'S OFFICE OF CUMBERLAND COUNTY7.. Ronny R Anderson . 7; Sheriff c� �� U7 (Z) Jody S Smith Chief Deputy ) Richard W Stewart °rzz Solicitor 0MCEOFTk::SHERIFF- Michael Goffredo(et al.) Case Number vs. 2013-3933 Flynn Group, Inc. (et al.) SHERIFF'S RETURN OF SERVICE 07/31/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Flynn Group, Inc., but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint& Notice as"Not Found" at 5006 E. Trindle Road, Suite 203, Hampden Township, Mechanicsburg, PA 17050. Deputies were advised that Flynn Group Inc., does not exist, there is no business by that name. 07/31/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Realty Management Associates, LLC, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint& Notice as"Not Found"at 5006 E. Trindle Road, Suite 203, Hampden Township, Mechanicsburg, PA 17050. Deputies were advised that Realty Management Associates does not exist, there is no business by that name. 07/31/2013 10:40 AM- Deputy Tim Black, being duly sworn according to law, served the requested Complaint& Notice by handing a true copy to a person representing themselves to be Jody Blair, Financial Accountant, who accepted as"Adult Person in Charge"for Flynn Group, LLC. at 5006 E.Trindle Road, Suite 203, Hampden Township, Mechanicsburg, PA 17050. �.�� .G..--� TIM SLACK, DEPUTY 07/31/2013 10:40 AM - Deputy Tim Black, being duly sworn according to law, served the requested Complaint& Notice by handing a true copy to a person representing themselves to be Jody Blair, Financial Accountant,who accepted as"Adult Person in Charge"for Realty Managment Incorporated at 5006 E. Trindle Road, Suite 203, Hampden Township, Mechanicsburg, PA 17050. 'e_' TIM BLAC , DEPUTY SHERIFF COST: $87.76 SO ANSWERS, August 01, 2013 RbNW R ANDERSON, SHERIFF (c)^oun.iySui:e Sheri;,,"ieleosof;,Inc. MICHAEL GOFFREDO, and : IN THE COURT OF COMMON PLEAS M.S.G. ASSOCIATES,INC., : CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff V. -> FLYNN GROUP,INC.,FLYNN GROUP, : NO. 2013-3933 rn r LLC,REALTY MANAGEMENT INC., r ry C) And REALTY MANAGEMENT �.. ASSOCIATES,LLC, ° Defendants CIVIL ACTION-LAW co ENTRY OF APPEARANCE AS COUNSEL TO THE PROTHONOTARY: Kindly enter the appearance of Paul D. Edger, Esquire of the Law Offices of Peter J. Russo, P.C. as counsel on behalf of the Defendants, Flynn Group, Inc., Flynn Group, LLC, Realty Management Inc., and Realty Management Associates, LLC. Date: L fices ter J. Russo, P.C. Peter J. Russo, Esquire PA Supreme Court ID 72897 Paul D. Edger, Esquire PA Supreme Court ID 312713 5006 E. Trindle Road, Suite 203 Mechanicsburg, PA 17050 Attorneys for Defendants MICHAEL GOFFREDO, and : IN THE COURT OF COMMON PLEAS M.S.G. ASSOCIATES,INC., : CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff V. FLYNN GROUP,INC.,FLYNN GROUP, : NO.2013-3933 LLC,REALTY MANAGEMENT INC., : And REALTY MANAGEMENT ASSOCIATES, LLC, Defendants CIVIL ACTION-LAW CERTIFICATE OF SERVICE I, Derek M. Strouphauer, Paralegal, hereby certify that I am on this day serving a copy of the Entry of Appearance upon the person(s) and in the manner indicated below as follows: USPS Regular Mail Alina M. Dusharm, Esquire Stone, Duncan & Linsenbach, P.C. 8 North Baltimore Street Dillsburg, PA 1 109 Date: 2� erek M. Str uphauer, Par gal MICHAEL GOFFREDO, and : IN THE COURT OF COMMON PLEAS M.S.G.ASSOCIATES,INC., : CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff V. FLYNN GROUP,INC.,FLYNN GROUP, : NO.2013-3933 LLC,REALTY MANAGEMENT INC., : y. And REALTY MANAGEMENT ASSOCIATES,LLC, -- Defendants CIVIL ACTION—LAW =M C" -U)C)> Na NOTICE TO PLEAD =C1 C} To: Alina M. Dusharm, Esquire _' 'fI Stone, Duncan & Linsenbach, P.C. 8 North Baltimore Street Dillsburg, PA 17109 You are hereby notified to file a written response to the enclosed Preliminary Objections within twenty (20) days from service hereof or a judgment may be entered against you. Respectfully Submi d, BY: La ffices eter J. Russo, P.C. 5006 E. Trindle Rd, Suite 203 Mechanicsburg, PA 17050 Peter J. Russo, Esquire Supreme Court No. 72897 r Paul D. Edger, Esquire Supreme Court No. 312713 Date: August 26, 2013 LAW OFFICES OF PETER J.RUSSO,P.C. BY: Paul D. Edger, Esquire PA Supreme Court ID: 312713 Peter J. Russo,Esquire PA Supreme Court ID: 72897 5006 E. Trindle Road, Suite 203 Mechanicsburg, PA 17050 (717) 591-1755 Attorneys for Defendant MICHAEL GOFFREDO, and : IN THE COURT OF COMMON PLEAS M.S.G. ASSOCIATES,INC., : CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff V. . FLYNN GROUP,INC.,FLYNN GROUP, : NO.2013-3933 LLC,REALTY MANAGEMENT INC., : And REALTY MANAGEMENT ASSOCIATES,LLC, Defendants CIVIL ACTION—LAW DEFENDANTS' PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT AND NOW, comes the Defendants, Flynn Group, Inc., Flynn Group, LLC, Realty Management, Inc., and Realty Management Associates, LLC (herein known as "Defendants"), by and through their attorney, Paul D. Edger, Esquire, and the Law Offices of Peter J. Russo, P.C., and hereby files the following Preliminary Objections to the Plaintiff's Complaint pursuant to Pa.R.Civ.P. §1028. I. Background 1. Plaintiff initiated this civil action by filing a Complaint against the Defendants on July 26, 2013. 2. Plaintiff's complaint arises out of an appeal from a Judgment entered in favor of the Defendants by District Justice Elizabeth Buckley on June 7, 2013, docketed at MJ-09304- CV-95-2013. 3. Plaintiff's complaint purports claims for Failure to Pay and Reimburse Employee, Breach of Contract, and Promissory Estoppel. 4. Plaintiff now files these Preliminary Objections to Plaintiff's Complaint pursuant to Pa.R.C.P. §1028. PRELIMINARY OBJECTIONS COUNT INSUFFICIENT SPECIFICITY IN A PLEADING 5. Defendants herein incorporate their averments contained in Paragraph 1 — 4 as set forth above. 6. Material facts on which a cause of action or defense is based shall be stated in a concise and summary form. Pa.R.C.P. §1019(a). 7. Averments of time, place and items of special damage shall be specifically stated. Pa.R.C.P. §1019(f). 8. "In determining sufficiency of the pleadings in a Complaint, the Court will consider whether the Plaintiffs complaint informs the defendant with accuracy and completeness of the specific basis on which recovery is sought so that he may know without question upon what grounds to make his defense." Rambo v. Greene, 906 A.2d 1232, 1236 (Pa. Super. Ct. 2006). 9. "There is no way a court can possibly evaluate a pleading to determine if it states a cause of action if it is so vague that the court cannot determine what the plaintiff alleges." Tucker v. Phila. Daily News, 577 Pa. 598, 633, 848 A.2d 113 (Pa. 2004). 10. Plaintiff's Complaint lacks specificity in regards to its allegations against the Defendants. 11. Specifically, Plaintiff fails to state with specificity which Defendants the Plaintiff entered into a working relationship with, which Defendant made any "promises" to the Plaintiff, and which Defendant contracted with the Plaintiff. 12. Further, Plaintiff makes mention of being an alleged "employee" of the Defendants, but includes no evidence to support or advance his position, including employment contracts, W2s, or any other employment documentation. 13. Plaintiff also makes allegations under Count II of his Complaint of a breach of contract, but fails to comply with the Rules of Civil Procedure, as he makes no reference to whether the contract between the parties was written or oral, nor provides any documentation of the contract, or state a reason why the document cannot be included in the Complaint. See Pa.R.Civ.P. §1019(i). 14. Defendants are unable to prepare a defense due to the lack of specificity Plaintiff has plead in his Complaint. WHEREFORE, the Defendants respectfully request this Honorable Court to dismiss Plaintiff's Complaint due to its lack of specificity plead in the Complaint and find in favor of the Defendants. COUNT II LEGAL INSUFFICIENCY 15. Plaintiff herein incorporates her averments contained in Paragraph 1 — 14 as set forth above. 16. "A demurer must be granted when a pleading fails to allege any facts from which a cause of action or defense may be sustained." Pa.R.C.P. §1028(a)(4) 17. "A preliminary objection in the nature of a demurrer admits the well-pled facts set forth in a pleading as well as all inferences reasonably deductible from them." Buchanan v. Brentwood Fed. Say. and Loan Ass'n, 457 Pa. 135, 320 A.2d 117 (Pa. 1974). 18. "A demurrer may only be sustained when it is clear there can be no recovery under any theory based on the facts alleged." Gresik v. PA Partners, L.P., 33 A.3d 594, 596 (Pa. 2011). 19. "Preliminary objections, whose end result would be the dismissal of a cause of action, should be sustained only where it is clear and free from doubt from all the facts pleaded that the pleader will be unable to prove facts legally sufficient to establish [its] right to relief." Bourke v. Kazara, 746 A.2d 642, 643 (Pa.Super. Ct. 2000) 20. Plaintiff's Complaint fails to allege any facts which a cause of action or defense may be sustained. 21. Specifically, Plaintiff fails to provide any evidence or support that he was an actual employee of Defendants, and therefore is eligible for compensation under the Pennsylvania Wage and Hours law. 22. Further, Plaintiff makes allegations under Count II of his Complaint of a breach of contract, but makes no reference to whether the contract between the parties was written or oral, nor provide any documentation of the contract, or state a reason why the document cannot be included in the Complaint. See Pa.R.Civ.P. §1019(i). 23. Plaintiff's complaint affirms the Defendant's position that the Plaintiff is unable to prove facts legally sufficient to establish his right to the relief he seeks. WHEREFORE, the Defendants respectfully request this Honorable Court to dismiss Plaintiff s Complaint due to its legal insufficiency and find in favor of the Defendants. COUNT III LACK OF SUBJECT MATTER JURISDICTION 24. Defendants herein incorporate their averments contained in Paragraph 1 — 23 as set forth above. 25. "The Flynn Group" is a fictitious name registered with the Pennsylvania Department of State with a registered place of business of 4 Lemoyne Street, Lemoyne, Pennsylvania 17043. 26. Flynn Group, LLC is a Pennsylvania limited liability corporation with a registered place of business of 5006 E. Trindle Road, Mechanicsburg, Pennsylvania 17050. 27. Flynn Group, Inc. is a Pennsylvania corporation with a registered place of business of 4 Lemoyne Street, Lemoyne, Pennsylvania 17043. 28. Flynn Group, LLC and Flynn Group, Inc. are two separate and distinct Pennsylvania corporations. 29. Realty Management, Inc. is a Pennsylvania corporation with a registered place of business of 2837 North Front Street, Suite 101, Harrisburg, Pennsylvania 17110. 30. Realty Management Associates, LLC is a Pennsylvania limited liability corporation with a registered place of business of 5006 East Trindle Road, Suite 203, Mechanicsburg, Pennsylvania 17050. 31. "Preliminary objections may be filed by any party to any pleading and are limited to the following grounds...lack of jurisdiction over the subject matter of the action or the person of the defendant..."See Pa.R.Civ.P. 1028(a)(1). 32. Plaintiff has improperly named Flynn Group, Inc. and Realty Management Associates, LLC as parties to this suit, as Flynn Group, Inc. and Realty Management Associates, LLC have no connection with this current matter. 33. In January of 2013, Realty Management, Inc. (hereinafter referred to as "RMI") was interested in receiving a bid for a construction project located in Alexandria, Virginia. 34. On or around January 4, 2013, Thomas Flynn, President of RMI, sought assistance with achieving the bid, and due to his availability, sought advice from Mr. Mike Goffredo. 35. Mr. Goffredo was not made an actual employee of RMI, but assumed a role of "consultant" to assist RMI with achieving its bid, nor did the parties enter into any contract or employment concerning this relationship. 36. Mr. Goffredo's work was limited to assisting with receiving the bid for the Alexandria, Virginia project between January, 2013 to February, 2013. 37. Ultimately, the bid was rejected by the landowner, due partially to Mr. Goffredo's negligence in failing to submit the bid in time upon reliance by RMI. 38. At no time between January and February of 2013 did Plaintiff have any interaction with Flynn Group, Inc. or Realty Management Associates, Inc. 39. The purported evidence attached to the Plaintiff's Complaint shows only interaction with Realty Management, Inc. and Flynn Group, LLC. 40. Plaintiff has provided no evidence of any relationship with Flynn Group, Inc. and Realty Management Associates, LLC. 41. Plaintiff's own exhibits support Defendant's claim for lack of standing, as Plaintiff s "invoice" of services rendered is addressed to Realty Management, Inc., and to no other party. See Compl. Ex. 8. 42. Due to Flynn Group, Inc. and Realty Management Associates, Inc. having no interaction, and no relation to the project in which Plaintiff is suing over, including all correspondence in which Plaintiff has attached to his Complaint, Flynn Group, Inc. and Realty Management Associates, Inc. lack standing to be sued, and as such, Plaintiff has improperly named them as Defendants. 43. Plaintiff's naming of all entities sharing the name of Flynn Group or Realty Management is merely a "shotgun" approach with the hope of finding an entity liable to compensate Plaintiff for his "assistance" in achieving a construction bid which was not accepted. 44. Plaintiff does not have standing to sue pursuant to Pennsylvania Rules of Civil Procedure 1028(a)(1). See Pa.R.Civ.P. 1028(a)(1). WHEREFORE, Defendant respectfully request this Honorable Court to sustain Plaintiff's Preliminary Objections, and to dismiss Flynn Group, Inc. and Realty Management Associates, LLC as Defendants in this matter. Respectfully Submitted, The Law Offices of Peter J. Russo, P.C. Date: August 26, 2013 BY: q�Td2,� Pe r J. Rus squire PA Supreme Court ID: 72897 YPaul D. Edger, Esquire PA Supreme Court ID: 312713 5006 East Trindle Road, Suite 203 Mechanicsburg, PA 17050 Attorneys for Defendants VERIFICATION I, Thomas Flynn, President of Realty Management, Inc., verify that the statements made in the foregoing document are true and correct to the best of my knowledge. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: 0 Thomas Flynn, President Realty Management, Inc. And on behalf of Flynn Group, Inc.; Flynn Group, LLC, and Realty Management Associates, Inc. MICHAEL GOFFREDO, and : IN THE COURT OF COMMON PLEAS M.S.G.ASSOCIATES,INC., : CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff V. FLYNN GROUP,INC.,FLYNN GROUP, : NO.2013-3933 LLC,REALTY MANAGEMENT INC., : And REALTY MANAGEMENT ASSOCIATES,LLC, Defendants CIVIL ACTION-LAW CERTIFICATE OF SERVICE I, Derek M. Strouphauer, paralegal, hereby certify that I am on this day serving a copy of the foregoing documents upon the person(s) listed below via US First Class Mail, and addressed as follows: Alina M. Dusharm, Esquire Stone,Duncan & Linsenbach,P.C. 8 North Baltimore Street Dillsburg, PA 17109 Date: August 26, 2013 er-ek—M. er, Pa4alegal PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next Argument Court.) --------------------------------------------------------------------------------------------------------------------- CAPTION OF CASE Please see attached for complete caption. (entire caption must be stated in full) Michael Goffredo and M.S.G. Associates, Inc. vs. Flynn Group, Inc at=W -f�dn,as Plynn No 2013-3933 Civil Term 12-fa t+y Wirta orned J-Ne 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Defendant's Preliminary Objections 2. Identify all counsel who will argue cases: (a) for plaintiffs: Alina Dusharm : (Name and Address) �M 8 N. Baltimore Street, Dillsburg, PA 17019x ;` ' GO(b) for defendants: �Q CD Paul D. Edger, Esquire (Name and Address) -P n 4 5006 E. Trindle Road, Suite 203 Mechanicsburg, PA 170 : 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: September 27,2013 Sig ature ��- Print your name Defendants Date: 08/26/2013 Attorney for INSTRUCTIONS: 1.Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR(not the Prothonotary) before argument. 2.The moving party shall file and serve their brief 14 days prior to argument. 3.The responding party shall file their brief 7 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR(not the Prothonotary) after the case is relisted. �1% Ck 14 sso3 MICHAEL GOFFREDO, and : IN THE COURT OF COMMON PLEAS M.S.G. ASSOCIATES,INC., : CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff . V. . FLYNN GROUP,INC.,FLYNN GROUP, : NO. 2013-3933 LLC,REALTY MANAGEMENT INC., : And REALTY MANAGEMENT ASSOCIATES,LLC, Defendants CIVIL ACTION—LAW t3 SAP 13 A 11: 1 ClI��R�-A LVA?�1A�� COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA Michael Goffredo, and M.S.G. Associates, Inc, Plaintiff V. CIVIL ACTION - LAW Flynn Group, LLC, NO. 2013-3933 Realty Management, Inc. Defendants. 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 the Court your defenses and objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle,PA 17013 (800) 990-9108 (717)249-3166 COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA Michael Goffredo, and M.S.G. Associates, Inc, Plaintiff V. CIVIL ACTION - LAW Flynn Group, LLC, NO. 2013-3933 Realty Management,Inc. Defendants. AMENDED COMPLAINT AND NOW comes the Plaintiffs, Michael Goffredo, as an adult individual, and M.S.G. Associates, INC., who files this instant action against Defendants, Flynn Group, LLC, and Realty Management Incorporated, and in support of, avers the following: IDENTITY OF THE PARTIES I. Plaintiff,Michael Goffredo, is an adult individual residing at 299 Kennedy Drive,Roseto, PA 18013. 2. Plaintiff, M.S.G. Associates, Inc., is a registered Pennsylvania corporation. 3. Plaintiff, M.S.G. Associates, Inc.'s, principal place of business 6695 Sullivan Trail, Suite 201, Wind Gap, Pennsylvania 18091. 4. Defendant,Flynn Group, LLC, is a registered Pennsylvania limited liability company. 5. Defendant, Flynn Group, LLC's, registered office address is: 5006 E. Trindle Road, Suite 203, Mechanicsburg, PA 17053. 6. Defendant, Realty Management Incorporated, is a registered Pennsylvania corporation. 2 7. Defendant, Realty Management Incorporated, registered office address is 2837 N. Front Street, Suite 101, Harrisburg, Pennsylvania 17110, and from websites their principal place of business is 5006 E. Trindle Road, Suite 203, Mechanicsburg, PA 17053. 8. Michael Goffredo is President of M.S.G. Associates, Inc. 9. Thomas Flynn is President of the Flynn Group, LLC, and Realty Management Incorporated. FACTS 10. The averments in paragraphs 1-9 are incorporated herein by reference as if set forth in full. 11. Beginning around June of 2012, Plaintiffs were retained by Defendants to provide construction management services for various projects in Pennsylvania through an oral agreement. 12. Plaintiffs were originally compensated at $130 per hour for their work, but the rate was later re-negotiated to be $110 per hour for a majority of the projects. 13. Plaintiff worked various projects over several months with the understanding that they would be paid on an hourly basis. 14. On or about January 4, 2013, Defendants desired to move forward with a Bid on construction work with Enterprise Holdings for a construction project in Alexandria, Virginia(the "Project"). See Exhibit 1. 15. On or about January 14, 2013 Defendants, determined to send two representatives of theirs to the pre-bid-walkthrough. The Attendees were to be Michael Goffredo and Matt Socha(Flynn Group/RMI employee). See Exhibit 2. 16. Plaintiffs were ordered to work on the Project January 14, 2013. See Exhibit 3. 3 17. Defendants shared access to their tools and resources for Plaintiffs to complete his work. See Exhibit 4. 18. Plaintiff, Michael Goffredo, received the title of Director of Construction for the Defendant Flynn Group on or about January 25, 2013. See Exhibit 5. 19. Defendants,Flynn Group and Realty Management Incorporated's proposal was submitted and signed by Plaintiff, Michael Goffredo, as Director of Construction on Defendants behalf. See Exhibit 6. 20. Plaintiff, Michael Goffredo, continued to use the title of Director of Construction of the Flynn Group, and Defendants, did not stop him or correct him. Moreover, Defendants continued to the work on the project with the Director of Construction. See Exhibit 7. 21. On or about January 31, 2013, Plaintiffs submitted an invoice for services in the amount of$11,100. See Exhibit 8. COUNT I Failure to Pay and Reimburse Employee 22. The averments in paragraphs 1-22 are incorporated herein by reference as if set forth in full. 23. When a person works for a business they are either an employee or a subcontractor, according to IRS regulations and Pennsylvania Department of Labor, this is determined by the control the employer or principal has over the employee or agent. 24. Plaintiff, Michael Goffredo, received access to.tools and materials of Defendants and utilized same to prepare a bid for the Project. 25. Plaintiff, Michael Goffredo, received a title of Director of Construction from the Defendants,the Flynn Group. 4 26. Plaintiff,Michael Goffredo,was under the direction and control of the Defendants. 27. Plaintiff, Michael Goffredo, as an employee of Defendants is entitled to compensation for the work he performed for Defendants. 28. Plaintiff, Michael Goffredo, as an employee of Defendants is entitled to reimbursement for out of pocket expenses and mileage for travel on behalf of Defendants. 29. Plaintiff, Michael Goffredo, as an employee is entitled to have his taxes withheld and for his Employer to match certain Social Security and other taxes withholdings such as unemployment compensation. 30. Defendants have violated Pennsylvania's Wage and Hours laws and Federal Fair Labor Standards Act. 31. Defendants are subject to administrative and court enforcement of Pennsylvania and federal wage laws. 32. Plaintiff, Michael Goffredo, performed his duties for Defendants and submitted bids for the Project. 33. Plaintiffs Michael Goffredo's hourly rate was $110 an hour and he worked 101. hours for Defendants in the month of January 2013. Plaintiff is entitled to compensation as an employee, in the amount of$11,100 from Plaintiff. 34. Defendants are subject to a penalty of$2,777.50 for failure to pay wages under 43, PA. Stat. Ann. §260.10. 35. Under the Wage Payment and Collection Law, P.L. 637, No. 329 §9.1, Plaintiff is entitled,to reasonable attorney fees of any nature to be paid by Defendants. WHEREFORE, Plaintiffs respectfully request the Honorable Court enter judgment for Plaintiff, Michael Goffredo, in the amount of$ 11,110.00, a penalty of$2,777.50 and attorney 5 fees, plus interest that has accrued during the course of this litigation and any other relief as the court deems just and proper and against the Defendants. COUNT II ACT BREACH OF CONTRACT (Plead in the Alternative) 36. The averments in paragraphs 1-35 are incorporated herein by reference as if set forth in full. 37. A person or entity that performs work for an entity in the state of Pennsylvania is typically considered an employee or an independent contractor. If the court determines that Plaintiff, Michael Goffredo is not an employee than he or his company is an independent contractor. 38. On or about January 4, 2013, Plaintiffs commenced work on a bid for the Project on behalf of Defendants. 39. Plaintiffs completed the assigned tasks and submitted the bid for the Project. 40. Plaintiff sent an invoice in the normal course of business after the project was completed on or about January 31, 2013 to Defendants. 41. Defendants have failed to pay the $11,110.00 invoice, as of July 26, 2013. WHEREFORE, Plaintiffs respectfully request the Honorable Court enter judgment for Plaintiffs in the amount of$11,100 plus interest, and any other relief as the court deems just and proper and against the Defendants. COUNT III PROMISSORY ESTOPPEL (Plead in the Alternative) 6 42. The averments in paragraphs 1-41 are incorporated herein by reference as if set forth in full. 43. Defendants, the promisors, made a promise of payment that Defendants should have reasonably expected would induce action on the part of the Plaintiffs. 44. Plaintiffs relied upon Defendants promises to pay based on actions of the Defendants, and Plaintiff believed he would be paid for the services Plaintiffs rendered. 45. Plaintiffs would not have provided services if Plaintiffs believed they would not be paid. 46. It is an injustice for Plaintiffs not to be paid for the work he or it provided Defendants. And this injustice can be avoided only by enforcing the promise of payment. See, Thatcher's Drug Store of West Goshen Inc. v. Consolidated Supermarkets Inc., 535 Pa. 469, 476, 636 A.2d 156, 160 (1994). WHEREFORE, Plaintiffs respectfully request the Honorable Court enter judgment for Plaintiffs in the amount of $11,100 to prevent an injustice and to ensure the promise to pay is enforced, and any other relief as the court deems just and proper and against the Defendants. Date: �p� f� Stone,Duncan & Linsenbach,P.C. Alina M. Dusharm, Esq. Attorney I.D.No. 309861 8 North Baltimore Street Dillsburg, PA 17109 Ph: 717-432-2089 Attorney for Plaintiff 7 VERIFICATION The above Complaint is based upon information which I have furnished to my counsel and information which has been gathered by my counsel in preparation of this matter. The language of the Complaint is that of counsel and not of me. I have read the Complaint and to the extent that the Complaint is based upon information which 1 have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the Complaint is that of counsel,I have relied upon counsel in making this verification. 1, Michael Goffredo, hereby verify that the facts set forth in the aforesaid Complaint are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. DATE: _ I3y: Mic Goffredd, a} an adUl't individual, and as President r{ M.S.G. Associates, Inc. 8 CERTIFICATE OF SERVICE I, Alina M. Dusharm, do certify that I have served a copy of Plaintiffs Amended Complaint upon the following by first class mail: Paul D. Edger, Esquire Law Offices of Peter J. Russo, P.C. 5006 E. Trindle Road, Suite 203 Mechanicsburg, PA 17050 DATE: q1j oZ I Alina M. Dush sq. Stone, Duncan, & Linsenbach, P.C. 8 North Baltimore Street Dillsburg, PA 17109 Ph: 717-432-2089 Fx: 717-432-0158 Attorney for Plaintiff 9 EXHIBIT 1 Mike Goffredo ,,--,From: muskerrylynn@gmaii.com dent: Saturday,January 05, 2013 6:17 PM To: GOFFREDO Mike Subject: Fwd: Like to propose a exciting option to a common Enterprise challenge.... Let me know? Did not finish closing yet Sent from my iPhone Begin forwarded message: From: "Tom Flynn" <flyrrn@flyLuigro0.com> Date: January 5, 2013, 5:09:45 PM EST To: "Tom Flynn" <n-iuskerrylynnkgmail.com> Subject: Like to propose a exciting option to a common Enterprise challenge.... Hi John, It's either the short week we had or the state of the market in Commerical Real Estate Development but here I am working late on a Saturday. As I mentioned in our meeting last week if I conduct myself as though i was a Enterprise family member, my apologies. After working hand in hand for almost ten year's with your counterparts in PA, it tough not to feel and act like one. That being said,I learned over 37 years the key to starting a good long lasting relationship is to have equal benefits coming from doing business together. Obviously I can't go out and rent thousand cars a day, so I need to substitute that income benefit back to Enterprise with something equally as important. While we are reviewing the Eisenhower project for that' Balance Benefit' approach I didn't want that project to hold back or effect the opportunity that presented itself while I was down there last week and that opportunity is all the stores that need updating. In the last eighteen months while building eight or so new locations we started a program we called'Lipstick and Rouse' which was and is very successful. Here's a quick draft of how simple it would work : Four to six weeks before we start a location we give you the necessary measurements and quantities for you to order the long lead items such as carpet, Wall Swipe, The Cloud, furniture and signage ....basically all the Enterprise specific materials provided by you for us to install. All materials not company specific we would provide along with the labor, equipment and supervision. . All work would be done after store hours with all areas cleaned and wiped down in the morning prior to the Enterprise personnel opening up for the day. Most stores will take 4 to 6 nights to complete pending on the current condition of the surfaces and whether your replacing furniture or not. We would propose to begin each project at then end of business Saturday allowing all the demo work and rough carpentry to be done with that extra day. Other than the lead man this crew of four men or women doing the work will reside in the Washington northern VA area and would be available for emergency work during the day and Weekends. . The Crew would have a Large Van already equipped with the equipment and materials normally required to do the complete job. Since we have done 35 or so of these type jobs for you we already have this equipment in place. As for the Financial part of this proposal we would have a guaranteed maximum cost set for a basic store with 1400 square feet(for example) for$ 17,000 and then adds for when you require extra work such drywall damage,mold reniediation, outside work so so on sorta like a ala carte. Your involvement can be as much as you want it to be,we would be open to assuming the ordering of specific materials should you not have the manpower in place to do so. I know you are past the deadline so I will make every effort to have this up and running by the time materials start coming in for the first project which is usually 4 weeks if the Cloud and the Swipe are involved. I would set a goal of 3 stores per month per crew and the number of crews would determine how long it would take to catch up. I will personally be doing the hiring and putting this program into action.If we had one good meeting with you and Joe regarding this program I could have you a fixed priced proposal within five days of that meeting. I realize this program would put a lot more work load on Joe however having a firm such as mine that has done so many of these,the learning curve is all but non existent. Sent from my iPad 2 ` Mike Goffredo _ From: Tom Flynn «tfimn@flmngmmp.com> ' Wednesday,January D9 2013137AM To: GDFFRED[) Mike Subject: Fwd: EFD-47OO Eisenhower Ave - Bidding Attachments: I2U35 - EHI Eisen - Bidders Fornl_2QI3Ul07.pdf, Untitled attachment 000G4.htnn Sent from rnyiPhone Begin forwarded message: From: "Mike Ernst" | Date;January 7,ZOI3, 13:48:3GPK8EST To: "Mike Ernst" Cc:"David den Daoo" Subject: EHX-4700 Eisenhower Ave-Bidding TO whom it may concern: We'd like to invite your company tO participate inthe bidding process for a construction project , for one Df our clients, Enterprise Holdings. Your company iS one Df approximately five companies � invited to participate in the bidding process. I would appreciate it if you could reply to this e- mail t0confirmreoeipt. The project iOC\UdeScODv8[hOgOnexistiDg49.000/sf (+/-) waR}hoVs8stmCtUreiOtoOvehide maintenance area,vehicle storage area and interior office spaces. Site enhancements include but are not limited t0 grading and resurfacing the existing parking lot,expanding the existing parking lot,installing O new 8K1P and landscaping, for o3.8 acre site. Current plans and specifications are/will be available for download from the RP site listed below (Civil Drawings and Specifications should be posted later fo{J[xy). These drawings supersede any drawings previously posted. We will let you know as new/revised information is posted after this initial notification. It is anticipated that construction will b8 ready to begin mid February 2Ol3. The Site Plan isiOthe final stages of the review process with the City oyAlexandria. The building plans have been submitted for Advanced Plan Review Withthe-City Of Alexandria so that permit drawings can be submitted as soon cxs the Site Plan imapproved. We anticipate o three week turn around for the building permit. We have submitted for an interior demolition permit and anticipate approval by the end Of January cxt which point interior demolition should be able to commence. The Owner would like to move-in (i.e. have a temporary or final Certificate of Occupancy) to the facility by June 30th2Ol3. We have not yet scheduled a walk-through of the site, but will forward information on a date and time for the walk through <ox soon ositisavailable. |f you have any questions during bidding please forward them to Dave den Dams / > or myself ( ) via e-mail, We will respond to all bidders. 1 ~~~ EHI Eisenhower Contractor Site Address: ftp2 rustorling-com Username: ehi_eisen2 Password: P4v8Gx Thank you for your participation in this process. Mike Ernst,AIA,LEER AP BD+C RUST ORLiNC.r ARCHITECTURE 1215 Cameron Street Alexandria,Virginia 22314 mernst%ir,?rusiorlin�am 703-836-3205 x 107 tuw�v ivstorline.com 2 12035 ERAC PUSTI OPLING 4700 Eisenhower Ave Alexandria,VA 22304 DOCUMENT 003000- PROPOSAL FORM Enterprise RAC Company of Maryland c/o Mike Ernst Rust I Orling Architecture 1215 Cameron Street Alexandria,Virginia,22314 mernst@rustoding.com I have received the Proposal Documents entitled Enterprise RAC Company Office,Vehicle Maintenance,and Warehouse Facility. I have read and understand the Documents and my proposal is made in accordance therewith.I have familiarized myself with the local conditions under which the Work is to be performed.This proposal is based upon the materials,systems,and equipment described in the drawings and specifications, In submitting the proposal I agree: A.To hold my proposal open for a period of thirty(30)calendar days following the date of submission. B.To enter into and execute a Contractor's Agreement between the Owner and Contractor. Based on the drawings,specifications, contractors construction bid,and any subsequent value engineering enter into,and execute a Contractor's Agreement where the basis of payment is a stipulated sum. C.To the Change Order mark-up percentages listed in the Contractor's Agreement. Bidder acknowledges receipt of the following addendum: JJ Bids shall be received by Mike Ernst at Rust I Orling Architecture(hard copies and/or pdf files via e-mail)by 12:00 p.m. EST on January 26h,2013. BASE PROPOSAL: Including all work as indicated,described or as required I propose the following: 1. Provide all specified and required Construction as indicated/specified in the drawings and specifications for a Lump Sum cost of: The contractor is required to submit the bid in detail. At a minimum,the Biddert shall attach hereto a Schedule of Values segmenting the total price into discreet costs for each trade,general requirements,insurance,profit and overhead.This should be submitted in the format indicated below(or similar),Additionally,if there are qualifications to the bid,they must be submitted on a separate sheet.Qualifications that are in conflict with the drawings and specifications may necessitate disqualification of the Bid, 2. Cost for provision of Performance and Payment Bonds Is $ 3. The estimated number of weeks to complete construction of this Project is I P g C 1216 CAMERON STPECI , ALEXANDRIA,VA 22314 .7038365205 r 7035464779 PUSTORLING.COM 12035ERAC PUST OPLING 4 700 Eisenhower Ave. Mexandclo,VA 22304 4. The Owner Is interested In Cost Saving and/or Value Engineering options for the project, Please provide pricing for and descriptions of any Cost Saving and/or Value Engineering alternate bids below or on a separate sheet: Alternate 1: (AdcVDeduct) $ Alternate 2: (Add/deduct) $ Alternate 3: (Add/deduct) $ ADDITIONAL INFORMATION: In addition to the BASE PROPOSAL information above,please provide the following qualification Information: Company Profile-A narrative describing the company profile and background information, Relevant Experience-Provide no less then three and no more then five project examples,completed within the lost five years,which are similar to scope and size.Project examples should include at a minimum:a description of the project including services offered,date the project was completed,the project size(SF), the estimated construction cost prior to construction,the final construction cost Inclusive of all change orders and accurate client contact information(names and phone numbers), References-Provide at least three client references for similar projects. Included contact names and telephone numbers. Signed date Name(printed): 2 P a g e 1216 CAMCPON MEET ALEXAOMAIA,VA 22314 7038363205 1035484774 PUSTORLING.COM Mike Goffredo From: Sent: Georgia Liddell <Georgia @flynngroup.com> � Thursday,January 17, 2013 9:47 AM Subject: Flynn; Matt Socha; Mike GOFFREDO bject: RE: Enterprise Rent-A-Car Hi Tom, You don't have to forward me the ernaiis from estimatinl?(a flynn�rot Matt and Mike. (D,: in om. I am on the distribution list along with you, From: Tom Flynn Sent:Thursday, January 17, 2013 9:46 AM To: Matt Socha; Mike GOFFREDO Cc: Georgia Liddell Subject: Fwd: Enterprise Rent-A-Car www.flyiun roub com Begin forwarded message: From: "SPECIALTY CONSTRUCTION LLC" <s ecialtyconstructionnlive com> Date: January 17, 2013, 9:09:41 AM EST To: "estimating" <estimatinl7(a flynorou com> Subject: Enterprise Rent-A-Car Yes we will be bidding this project Specialty Construction LLC. This email and any files transmitted with it are confidential and intended solely for the use of the individual.or entity to whom they are addressed.If you have received this email in error,please notify the sender and delete this message.Please note that any views or opinions presented in this email are solely those of the author and do not necessarily represent those of Specialty Construction LLC.The recipient should check this email and any attachments for the presence of viruses.Specialty Construction accepts no liability for any damage caused by any virus transmitted by this email. 1 EXHIBIT 2 Mike Goffredo From: Tom Flynn <tflynn@flynngroup.com> Sent: Thursday,January 10, 2013 11:09 AM To: Mike Ernst Cc: David den Daas;Joseph.A.Long@ehi.com; neii.moody@ehi.com Subject: Re: EHI Eisenhower- Pre-Bid Walk Through Hi Mike, There will two representatives attending the Pre-Bid walk thru for RMI/Flynn Group. Thanks and I have several questions that might necessitate me calling you prior to the meeting. www.flynngroup.com On Jan 9,2013,at 2:52 PM, "Mike Ernst"<mernst@rustorling.com>wrote: A pre-bid walk-through of the building/site is scheduled for Monday,January 14th,2013 at 9:00 a.m. Please let me know if you will not be able to attend. Mike Ernst,AIA,LEED AP BD+C R.UST (DRUNG ARCHITECTUTRE 1215 Cameron Street Alexandria-Vin-nnia 2213 14. 701-836.3205 x 107 "I'll,rustorlin P.com- Mike Goffredo Subject: Canceled:Tom and Mike meeting in Rockville at noon to go to Alexandria site )Location: Rockville- location TBD Start: Fri 1/11/2013 12:00 PM End: Fri 1/11/2013 3:50 PM Show Time As: Free Recurrence: (none) Meeting Status: Not yet responded Organizer: Tom Flynn Importance: High When: Friday,January 11, 201312:00 PM-3:50 PM (UTC-05:00) Eastern Time (US&Canada). Where: Rockville- location TBD Note: The GMT offset above does not reflect daylight saving time adjustments. EXHIBIT 3 Mike Goffredo y From: Sent: muskerrylynn @gmail.com To: Monday,January 14, 2013 1:17 AM Subject: GOFFREDO Mike;Socha Matt Just got home from DC Its late but good weekend in DC. Michelle has 4 large projects in the next for rhis opportunity. Represent us well and talk say 7:30. 6 months so we really need to prepare big time Good Luck and drive safe n Thanks.Tj Sent from my iPhone= ` 1 r 1 EXHIBIT 4 Mike Goffredo ^ . From: Liddell « pzom> ' Wednesday,January 16, 2OI3 ]:389K4 TO: K4ikeGoffredo Cc: Matt Socha Subject: BsonhovverAddenduna Attachments: 01 -Walk Through Sign-In.pdf;02 -Addendum#1 -Arch N'arrative.pdf,03 -Addendum #I - MEP Narrative.pdf,O4- SAMPLE Schedule ofVm|ues.x|sx }enn uploading these to share file now. |will send you the link soon. / \jcnqpa Georgia Liddell Ixcuubv*&aoiutantmTnmBhnm-PreoNont Flynn Group jOO6Tdudlo Road,Suite 100 Mechanicsburg,PA 17050 T: (717)790'0110 F: (717)700-0113 Cell: (717)503-9793 Email:georgilloa_flynngroup.com -~—~------- ' ) ' 1 Mike Goffredo Dave Stiles <dstiles@poppleconstruction.com> ent: Wednesday,January 16,2013 4:01 PM TO: Mike Goffredo; 'Tom Flynn' Cc: Mark Popple Subject: RE:Alexandria project Yes we can do the site concrete, paving, grading, storm systems and bioretention system. I will take a look at the yard hydrants but I don't foresee a problem in doing those as well. I'll keep looking at this. Thanks, Dave David A.Stiles General Superintendent Popple Construction,Inc. 215 E.Sayloi-Ave. Loffin,PA 18702 phone:570-823-0531 fax:.570-823-33-52 dstiles(a),2ol2l2leconstruction.coi,n From: Mike Goffredo (mailto:mikeg@msqaiilc.com] Sent: Wednesday, January 16, 2013 3:39 PM To: 'Tom Flynn; Dave Stiles Subject: RE: Alexandria project Dave, FYI—The Architect just sent us Addendurn#1.We will forward that to you shortly.With respect to the project; 6 Will you have the ability to perform the Site Concrete work there? 0 Will you have the ability to perform the Paving work there? • The storm systems, Bio Ret area, and grading work is fairly straightforward, 0 There are a number of yard hydrants for irrigation purposes.Try to look at those systems. - Let me know if you have any questions.Thanks. Michael Goffredo 1VLSGP A 1, 'S 0 C A A T, f s a s b Construction Management 545 E.West St.,P.O.Box 2651 Wind Gap,PA 180911610.863.2000 1 Cell 484.239.3518 From:Tom Flynn [mailtoftflynn(Oynngroup.com] Sent: Wednesday, January 16, 2013 3:26 PM ro: Dave Stiles Subject: Alexandria project Hi Dave, Here is the site that all the drawings are at that is for the owner to use not the one your expecting. But it shows the site work and how much there is...just look at the 27 pages ofmsimplemsorkmZz Call after review,and we will discuss the logic sorry about the delay Let me know if this gets you there. TJ EHI Eisen Contractor Address: ftp2.rustorlingco Usemame: ehi eisen2 Password: P4v8Gx WWW.flylu'lo,Tou.com 2 EXHIBIT 5 Mike Goffredo From: Mike Goffredo �Sent: Friday,January 25, 2013 3:19 PM 'To: Imernst@rustorling.com' Cc: Tom Flynn;Georgia Liddell Subject: Enterprise -Alexandria Attachments: EHI Eisenhower- FINAL Bid Form 01252013 (2).pdf Mike, At the request of Tom Flynn I am sending you a copy of our Proposal for the captioned project. Please feel free to contact me with any questions. Have a Great Weekend! Mike Michael Goffredo Director of Construction Flynn Group 5006 Trindle Road,Suite 100 Mechanicsburg,PA 17050 Main Office(T)717.790.0110(F)717.790.0113 Lehigh Valley Office(T)610.863.2000(F)610.8639139 Cell: 484.239.3518 Email:mike&flynngrou-p.com 9 Mike Goffredo I " I From: Mike Goffredo Sent: Monday,January 28,2013 11:37 AM To: Tom Flynn Subject: EHI-Alexandria - Proposal Breakdown Attachments: Schedule of Values.xlsx Importance: High Tracking: Recipient Delivery Tom Flynn Delivered:l/28/201311:37 AM Tom, These are the numbers—exactly as Bid. How do you want to shape them? Michael Goffredo Director of Construction, Flynn Group 5006 Trindle Road,Suite 100 Mechanicsburg,PA 17050 Main Office(T)717.790.0110(F)717.790.0113 Lehigh Valley Office(T)610.863.2000(F)610.8639139 Cell: 484.239.3518 Email:mike@tivniioroup.com 10 EXHIBIT 6 Mike Goffredo ` From: Mike Ernst <mernst @rustorling.com> Sent: Friday,January 25,2013 5:52 PM To: Mike Goffredo Cc: Tom Flynn;Georgia Liddell Subject: RE: Enterprise -Alexandria Mike, Please submif your schedule of values, Thank you. Mike Ernst, AIA, LEED AP BD+C RUST I ORLING AP,CHITECTUP,E mernst a rustorlina com From: Mike Goffredo [mailto:mike(afivnn roup coml Sent: Friday, January 25, 2013 3:19 PM To: Mike Ernst Cc: Tom Flynn; Georgia Liddell Subject: Enterprise -Alexandria Mike, At the request of Tom Flynn I am sending you a copy of our Proposal for the captioned project. Please feel free to contact me with any questions. Have a Great Weekend! Mike Michael Goffredo Director of Construction Flynn Group 5006 Trindle Road,Suite 100 Mechanicsburg,PA 17050 Main Office(T)717.790.0110(F)717.790.0113 Lehigh Valley Office(T)610.863.2000(F)610.863.9139 Cell: 484.239.3518 Email:mikenfl nnarou .com �I 45 Mike G ffred Fromm Tom Flynn Sent: Friday,January JS'2Ol33:2lPK4 ` ^ To: John DeRoxeOderose@erac.con);CFk4 Joseph A. Long Aoeeph/4.LonQ@ehicon) Subject: Enterphse-A|exandha Attachments: EHl Eisenhower- FINAL Bid Form D1252Vl3(2).pdf Hi Guys, I asked Mike to send to me the completed bid form that the Architects requested from the General Contractors and it is attached for your review. Ao | mentioned in our meeting,thare|aUonshipthst|havahadforc|ooebotenyearouphoneis to provide the full service from site selection ho moving into the completed project. Nottonopeatmyse|ftoonnuohfronnour meeting, but ooe Developer for more than 30 years, and to be successful at it, I needed to have a good understanding of not just construction, but of real estate, banking, legal , financial and, last but not least, the ability to put together the right | people toproduce the right project. On the project being phcad today, | have not been involved since its inception, but really coming in as Monday morning � quarterback and not having all the knowledge you get going thru the process to this point, I am not as valuable a tool. � However there are several major auQgeotionsthatohou|dbediacussodbzQatbzthe"Highest and Best Use"of this very expensive property. These ideas are from a Developers point oY view which has major finoncja|benefitamhou|dtheypan out. So guys, I'm sure there are good contractors down there that can build this for the numbers we came up with, if not one of the three that bid it today. However, they might not,have as many value engineering ideas as we have. When you get a chance, let me know what works well with your schedules for me to come down and review these ideas with you. Have o good weekend Ti Thomas 1Flynn President Flynn Group 8JD6 East TrindleRoad,Suite 203 Mechanicsburg,Po27OSD office(717)790-0110 Fox (717)7a0-0113 Cell (727)648-5050 The information contained in this email and attachments is confidential and privileged information and is attorney work product, intended for the individual or entity named above. If the reader of this email is not the intended recipient, the reader is hereby notified that any dissemination, distribution, or copy of this information is strictly prohibited. If you have received this email in error, please notify oa by telephone or email and delete the entire email and any printed information obtained through this email . Thank you. ` ^ Flynn »�� °006c�omco�m m��m�urg,PA /m50 DOCUMENT 003000- PROPOSAL FORM Enterprise RAC Company.. Maryland c/o Mike Ernst Rust (}dinoAnchiteotune l2l6 Cameron Street Alexandria,Virginia,223l4 U have received the Proposal Documents entitled Enterprise RAC Company Office,Vehicle Maintenance,o d vumhouueFmoUUy |have read and understand the Documents and my proposal/^made in«accordance fhanevifh.|hovefamiiiohzedmyse|fwiththe/oco|conditiunsundnrwhkchtheVo/o/stno*Perf»nned'Thiu proposo|isboseduponthenotehob.x\ofems' and equipment described in the drawings and specifications. /n submitting the proposal|agree: A.Toho|dmyp/oposm|oponforapahodofthirty (3O) co|endordoysfo|}owingthedoteofsubmission. D.TV enter into and execute o Contractor's Agreement between the Owner and Contractor. Based g enter into,and execute a Contractor's Agreement where the basis of payment is a stipulated sum. . C.To the Change Order mark-up percentages listed in the Contractor's Agreement. . \ Bidder acknowledges receipt of the following addenda: | Bids shall be received by Mike Ernst at Rust I Orling Architecture (hard copies and/or.pdf files via e-mail) by 12:00 p.m.EST on January 2Sm'2Ol3. BASE PROPOSAL: Including all work as indicated,described or as required I propose the following: [ Provide all specified and required Construction osindioofed/speci�edinthednzv�ngsondspeci��o�i �oLump3umoosfo� ons � Three Million Three Hundred Sixty Thousand($3,360,000.00)Dollars The contractor is required to submit the bid indetail. Ato minimum,the Bidders shall attach hereto o Schedule uf Values segmenting the total price into discreet costs for each trade,general requirements, msuronoe'pnofitondoverheod.Thisohuu/dbesubmiffedinthefo 'cd|ndioa'e"be|ow (orsimi|oq'Addifiono||y, /ffhereorequo|ifioationstofhebid they must besubmitted onos*po»atedleeLQuo|ifico tions thcdo«*inoonflicfwithUhednowingsondqoeci/cono n smoynaoeoitah*disquoiifiootionoffhe8id. 2, Cost for provision of Performance and Payment Bonds is $28.O0n.00 J. The estimated number of weeks fo complete construction uf this Project is Twenty-six(26). 5O06ETrindhe Road " Mechanicsburg, R417]SO 717.790.0110(p) "717.790.0113 i Flynn Group/P,.Mj. 5006 E.Trindle Road Mechanicsburg.PA 17050 4. Alternate bids per the addenda. Alternate "titles"are listed below. See addenda for descriptions: Alternate 1:Per Addendum #1 (1.30.1)-Installation of surface applied interior insulation. (Add) $35,000 Alternate 2: Per Addendum #1 (1.30.2)-Remove and replace RTU's. RTU-1 (Add) $ 15,000 RTU-2 (Add) $ 15,000 RTU-3 (Add) $ 15,000 RTU-4 (Add) $ 12.000 All four RTU's (Add) $57,000 Alternate 3: Per Addendum #1 (1.30.3)- 1 Year GC warranty in lieu of 3 Year GC warranty (Deduct) $24,000 Alternate 4: Per Addendum #1 (1.30.4)-Change wall type 1 b to wall type 1. (Add/deduct) $Price not available at time of bid Alternate 5: Per Addendum #1 (1.30.5)-Wall type 3 to top of block (Add/deduct) $Price not available at time of bid Alternate 6: Per Addendum #1 (1.30.6)-Automatic irrigation system (Add) $ 15,000 Alternate 7: Per Addendum #3 0.01-1)-Replace pressure reducing valve (Add) $1,800 Alternate 8: Per Addendum #3 (1.01-2)-Repair/replace damaged guard rails and concrete stoop (Add)$5,200 Alternate 9: Per Addendum #4 (1.01.4) -Install 30 wall mounted emergency lights in lieu of repairing the inverter (Add) $ 12,000 Alternate 10: Per Addendum #5 (1.02)-Repair existing sump pumps (Deduct) $2,500 5006 E. Trindle Road• Mechanicsburg, PA 17050 z P 717.790.0110(P) • 717.790.0113 ^ . nyn"Gro" /oA.L RYNIN 5006 cnmm°e=m Mechanicsburg,PA 17060 GEOUP S. The Owner is interested|n Cost Saving and/or Value Engineering options for the project. Please provide pricing for and descriptions of any Cost Saving and/or Value Engineering alternate bids below or on a separate sheet: Alternate 1: In lieu of total reconstruction of the existing full depth parking lot, (a) Remove and dispose of existing curb islands, /b/ Place 3"asphalt base course h7 the area of existing islands, (c) Mill existing surfaces fo / Y6"depth, (d) Overlay with I Y2"of wearing course, and(e) Transition'the new paved lot to the new grading plan,This requires minor grade adjustments. (Deduct) $ l55'000 Alternate 2: In lieu of removing and disposing of all of the existing pave and aggregate base material under the pavement sections we propose to; (a) Recycle the existing aggregate base for the new paving section, (b) the in-place depth ofthe existing aggregate is unknown and there may not be adequate quantities of recycled material to complete the project. In that instance we would, (c) utilize pave millings to supplement the recycled \ aggregate. (Deduct) $30,000 ' Alternate 3: , Change two (2) Overhead Doors of the Car Staging Entranoe/Exit locations from the high speed coiling doors ' l that are specified fo conventional hkJh-lif electrically operated, sectional overhead doors. . / (Deduct) $34,000 Alternate 4: Change all painting products that are currently specified as being manufactured by Polomyx to products manufactured by Sherwin Williams. (Deduct) $28,$00 ADDITIONAL INFORMATION: In addition to the BASE PROPOSAL information above,please provide the following qualification information: " See attached. o P e 5OO6E.Thndle Road° Mechanicsburg, PA170SO 717.730.0110(P)-717.7800113 N0 "Flynn Group/P..M.1. 5006 E.Trfndle P.00d Mechonfczburg,FA 47050 Relevant Experience: • Enterprise Holdings Inc.-Harrisburg, PA New Administration Building Size:30,000 SF Project Value:$5,200,000 • Enterprise Holdings Inc.-Allentown, PA Renovations &Additions for New Sales, Rental, &Service Facility Size:28,000 SF Project value:$2,900,000 • Enterprise Holdings Inc.-Wilkes Barre, PA New Sales, Rental, &Service Facility Size: 12,000 SF Project Value:$2,200,000 (Project Completion-May 2013) References: • Michelle Bosch, Vice-President&General Manager Enterprise Rent-a-Car 2 Research Place,Suite 300 Rockville,MD 20850 301.990.3215 • Robert Coakley, Group Operations Manager Enterprise Rent-a-Car 2625 Market Place Harrisburg, PA 17110 717.909.5007 Signed: 2 � M� Name: Michael Goffredo, Director of Construction 5006 E.Trindle Road ■ Mechanicsburg, PA 17050 4 i P .3 q ° 717.790.0110(P) ■ 717.790.0113 SCHEDULE OF VALUES Contractor/Bidder Name: Flynn Group/R.M.I. 'UGC License Number: Re-licensing Pending Contact Person: Thomas J. Fllynn Street Address: 5006 E.Trindle Road, Suite 100 City,State,Zip: Mechanicsburg, PA 17050 Telephone: 717-790-0110 Email: tflynngfl ynngp -Corn CSI DIVISION CSI DIVISION DETAIL COST NOTE Division I General Conditions Project Su ervision and Related Expenses $ 86,119 Project Management and Administration $ 59,862 Temporary Facilities $ 14,803 Cleaning-Final Cleaning-Waste Disposal $ 20,931 Misc. Expenses $ 30,893 General Liability Insurance $ 9,114 No Builders Risk coverage Building Permits $ 28,050 Allowance for Permits pending final determination of costs. Division Subtotal: 7.81% 249,772 Division 2 Site Construction Pre-Construction $ 78,500 Demoliton $ 57,679 E&S Control $ 25,985 Excavation $ 112,200 Storm $ 151,739 Paving $ 334,479 Misc. $ 164,205 Selective Demolition-Building &Structural $ 107,000 , Division Subtotal: $ 1,031,787 Division 3 Concrete Concrete Patching & Repairs $ 43,0001 Division Subtotal: $ 43,000 Division 4 Masonry $ 17,000 Division Subtotal: $ 17,000 Division 6 IMetals - - 1 $ 42,5001 I I Division Subtotal: $ 42,500 Division 6 Wood& Plastics I Rough Carpentry $ 4,000 Finish Carpentry 7,9001 1 � / ` � Division Subtotal: $ 11,900 Re-Roofing of Existing Building $ 235,931 Siding Repairs $ 5,000 Joint Sealers $ 7,500 Division Subtotal: $ 248,431 Division 8 Doors&Windows Doors , Frames, & Hardware $ 54,510 Aluminum Entrances,Windows&Glazing $ 42,319 Overhead Coiling Doors $ 80,427 Subtotal: $ 177,256 Division 9 Finishes Framing, Gypsum.Drywall, &Acoustical $ 309,500 Ceramic Tile $ 6,850 Carpet $ 45,000 Resilient Flooring $ 11,980 Painting $ 71 i 200 Painting- Interior Striping $ 5,000 Division Subtotal: $ 449,530 Division 10 Specialities Toilet Compartments $ 4,676 Toilet Accessoroes $ 3,143 Building Signage $ 2,067 Fire Extinquishers $ 1,060 Division Subtotal: $ 10,946 Division 11 Equipment Folding Partition $ 18,500 Vehicle Service Equipment $ 83,000 Division Subtotal: $ 101,600 Division 12 urnishings Manufactured Casework $ 3,366 Window Treatments 1 $ 4,8621 Division Subtotal: $ 8,228 Division Subtotal: $ 22,950 Division 14 1 Conveying Systems-NOT APPLICABLE Division Subtotal: $ - Division 15 Mechanical Fire Protection Piping $ 120,000 Plumbing Fixtures and Equipment $ 225,800 Heating,Ventilating and Air Conditioning $ 288,000 ` . Division Subtotal: 19.82% $ 633,800 Division 16 Electrical Electrical Systems 1 $ 149,400 Division Subtotal: 4.67% $ 149,400 Total Project Costs $ 3,198,000 Overhead and Profit 5.07% $ 1621000 'T(3TAI.BiE!PRE: ,. - $ 3,360,000 Bidder agrees that if this bid is accepted as herein provided, he will, except to the extent otherwise specifically provided in the Contract Documents,provide all labor, materials,supplies, tools,plant and equipment necessary to perform all the work described in the Construction Documents in strict accordance with the terms and provisions of the Contract i EXHIBIT 7 Mike Goffredo From Tom Flynn �To: Mike Goffredo Sent: Tuesday,January 29, 2013 11:05 AM Subject: Read: Enterprise -Alexandria Your message To: mernst0rustorling.com Cc: John DeRose (jderosePerac.com); CFM Joseph A. Long (josenh.A.Long@ehi.com); Tom Flynn Subject: Enterprise - Alexandria Sent: 1/29/2013 10:52 AM was read on 1/29/2013 11:05 AM. 29 Mike Goffredo ' From: Georgia Liddell on behalf of Tom Flynn r - Sent: Tuesday,January 29, 2013 10:59 AM To: Mike Goffredo Subject: FW: Enterprise -Alexandria Attachments: image002 jpg; image003.gif -----Original Message----- From: Long,Joseph A[maiito:Joseph.A.Long @ehi.com] Sent: Friday,January 25,2013 6:55 PM To:Tom Flynn; DeRose,John P Subject: RE: Enterprise-Alexandria Hi Tom, Thanks for your email.A question came up during a meeting yesterday with architects/engineer working with the City of Alexandria. Do you have a Virginia General Contractors License? Thanks,Joe From:Tom Flynn [tflynn @flynngroup.com] Sent: Friday,January 25,2013 3:21 PM To: DeRose,John P; Long,Joseph A Subject: Enterprise-Alexandria Hi Guys, I asked Mike to send to me the completed bid form that the Architects requested from the General Contractors and it is attached for your review.As I mentioned in our meeting,the relationship that I have had for close to ten years up here is to provide the full service from site selection to moving into the completed project. Not to repeat myself too much from our meeting, but as a Developer for more than 30 years,and to be successful at it, I needed to have a good understanding of not just construction, but of real estate, banking, legal,financial and, last but not least,the ability to put together the right people to produce the right project. On the project being priced today, I have not been involved since its inception, but really coming in as a Monday morning quarterback and not having all the knowledge you get going thru the process to this point, I am not as valuable a tool. However there are several major suggestions that should be discussed to get to the"Highest and Best Use"of this very expensive property.These ideas are from a Developers point of view which has major financial benefits should they pan out. So guys, I'm sure there are good contractors down there that can build this for the numbers we came up with, if not one of the three that bid it today. However,they might not have as many value engineering ideas as we have. 30 When you get a chance, let me know what works well with your schedules for me to come down and review these ideas with you. { O Have a good weekend 'TJ Thomas J. Flynn President Flynn Group 5006 East Trindle Road,Suite 203 Mechanicsburg, Pa 17050 Office (717) 790-0110 Fax (717) 790-0113 Cell (717) 648-5050 www.flvnngrEoL)uup.com<http://wvJw-flynngroup.com> [cid:image002.ipgCo)OlCpFBOF A19lA390j The information contained in this email and attachments is confidential and privileged information and is attorney work product, intended for the individual or entity named above. If the reader of this email is not the intended recipient,the reader is hereby notified that any dissemination, distribution, or copy of this information is strictly prohibited. If you ihave received this email in error, please notify us by telephone or email and delete the entire email and any printed nformation obtained through this email.Thank you. From: Mike Goffredo Sent: Friday,January 25,2013 3:13 PM To:Tom Flynn Subject: Enterprise-Alexandria Tom, I am forwarding our Proposal for General Construction services at the Enterprise, Eisenhower Avenue project in Alexandria,Virginia for your review. We have experienced significant positive trade input from local contractors and very competitive pricing from many of those firms. Several interesting Value Engineering suggestions have been presented for consideration and we have offered Alternate Pricing in accordance with the Architect's direction.As you know,there are other potential construction related savings that might be explored should we have an opportunity to meet with the Enterprise Team. Thanks, Mike Michael Goffredo r)irector of Construction _;ynn Group 5006 Trindle Road, Suite 100 31 PA 17050 Main Office(T)717.790.O110(F)717.790.0113 Lehigh Valley Office(T)G10.863.2000(F)610.863.9239 Cell: 484.239.3510 EnooU: ' � CONFIDENTIALITY NOTICE:This e-mail and any files transmitted with it are intended solely for the use of the individual or entity to whom they are addressed and may contain confidential and privileged information protected by law. If you received this e-mail in error,any review,use,dissemination,distribution,or copying of the e-mail is strictly prohibited. Please notify the sender immediately by return e-mail and delete all copies from your system. � � l � \` 32 Mike Goffredo _"From: Georgia Liddell on behalf of Tom Flynn ,Sent: Tuesday,January 29, 2013 10:58 AM To: Mike Goffredo Subject: FW: EHI Eisenhower- Bidding ......................,,. ......... ._.................. From: Mike Ernst [mailto:mernstCcbrustorlina com] Sent: Monday, January 28, 2013 10:17 AM To: Andy Martin; John F. Martin (jmartin-blaennin s com); Scott W. Harleman (sharleman Ifjenninas com); Sean; Terry Hann; Tom Flynn; Walter Cc: Long, Joseph A Qoseph.A.LongCa ehi com); David den Daas; 'neil.moody @ehi.com' (neil.moody(&ehi.com) Subject: EHI Eisenhower- Bidding All, We have received the bids and are in the process of reviewing them. During our review we will contact you with questions we may have (that we haven't asked already). Thank you again for participating. Mike Ernst,AIA,LEED AP BD+C RUST ;ORLING ARCHITECTURE 215 Ca-meron Street Alexandria, Virginia 22314 m ell sti Eus rline.corn 70.3-83C-3205 x 107 wAtiv.rustorl ine.com 33 Mike Goffredo From: Georgia Liddell on behalf of Tom Flynn Sent: Tuesday,January 29, 2013 10:57 AM To: Mike Goffredo Subject: FW: EHI Eisenhower- Bid Clarifications .......✓ From: David den Daas [mailto:DdenDaas @rustorlin-q com] Sent: Monday,January 28, 2013 3:05 PM To:Tom Flynn Subject: RE: EHI Eisenhower- Bid Clarifications Late today is uTeat. Than-ks Toni. From: Tom Flynn [mailto:tflynn flynngroup.com] Sent: Monday,January 28, 2013 2:57 PM To: David den Daas Cc: Mike Ernst; Joseph.A.Long @ehi.com Subject: Re: EHI Eisenhower- Bid Clarifications Hi David, Have been out of town as Joe might have mentioned and still getting one more daughter on her flight and then will be at the office to send you the remaining material.Will have to you very late today or early tomorrow.Sorry about the delay ) but i like to see this material before its sent to you. Thanks.Tom Sent from my iPhone On Jan 28, 2013, at 12:15 PM, "David den Daas"<DdenDaas @rustorling.com>wrote: Mr.Flynn, We are in the process of assembling a summary of schedules of values and clarifying numbers and concepts as they exist in the bids. I understand Mike Ernst from our office has already contacted you concerning a schedule of values.We look forward to seeing those as soon as you have the opportunity to pass them along. Please provide a line item for your overhead and profit for the base bid scope of work. Please see below for clarifications we are seeking for the Architect's proposed alternates: Alternate 2-Remove and replace RTU's—Please provide the model you are proposing and how they intend to remove the existing units and replace(in kind)at the roof level. Alternate 4&5—Stated in your bid that price was not available. Is that price available to be submitted at this time? Alternate 7—Please provide a product for the pressure reducing valve if possible and a labor cost for replacement. Please see below for clarifications we are seeking for Contactor proposed alternates: 34 Alternate 1 —Please ensure that the EVE requirements shown on sheet 6 of 27—Final Site Development Plan and sheet 18 of 27—Site Details from the Civil Engineers drawings can be met though your proposed method. Refer to Civil sheet 5 of 27—Existing Conditions Plan for extents of existing EVE versus the proposed EVE. These pavement sections are strictly enforced by the City of Alexandria. Alternate 2—This proposed method is acceptable if it meets the requirements of the Civil engineer's proposed design. Alternate 3—Please provide a product for the proposed door substitution. We may seek another round of clarifications following your submission of a schedule of values. We would appreciate a response as soon as possible. We are meeting with the owner on Wednesday morning to review the bids. Thank you. Best Regards, DAVID DEN DAAS, LEED AP RUST ORLING 1 215 Camemn St. Alexandria,VA 22314 T 703.836.3205 F 703.4;48.4779 35 Mike Goffredo From: Mike Ernst <mernst @rustorling.com> Sent: Tuesday,January 29, 2013 10:55 AM To: Mike Goffredo Cc: jderose @erac.com;joseph.A.Long @ehi.com;Tom Flynn Subject: RE: Enterprise-Alexandria Received—thanks. Mike Ernst,AIA, LEED AP BD+C RUST I ORLING ARCHITECTURE rnernst @rustorlinctcom From: Mike Goffredo [mailto:mike @fly ngroup.com] Sent:Tuesday, January 29, 2013 10:52 AM To: Mike Ernst Cc:jderose @erac.com;joseph.A.Long@ehi.com; Tom Flynn Subject: Enterprise -Alexandria Gentlemen, We attempted to send this message yesterday morning and have just realized that we did not receive a delivered message response. Please let me know that you have received this transmission by clicking the Read Receipt.Thanks for your patience. MG Mike, Please find our breakdown of the Proposal for the Alexandria project.We apologize for the delay in providing this supporting information. Please feel free to contact me with any questions or comments.Thanks for your cooperation. Best regards Michael Goffredo Director of Construction Flynn Group 5006 Trindle Road,Suite 100 Mechanicsburg,PA 17050 Main Office(T)717.790.0110(F)717.790.0113 Lehigh Valley Office(T)610.863.2000(F)610.863.9139 Cell: 484.239.3518 Email:mike c(z flynngroup.com 36 Mike Goffredo From: Georgia Liddell on behalf of Tom Flynn Sent: Tuesday,January 29, 2013 5:34 PM To: Mike Goffredo Subject: FW: EHI EisenHower- Performance Bond ...............: From: David den Daas [mailto.DdenDaasCa�rustorling com] Sent: Tuesday, January 29, 2013 12:38 PM To: Tom Flynn Subject: EHI EisenHower- Performar.:e Bond Tom, Was your performance bond part of your base bid or independent of it. We didn't see it itemized in your 01 —General Conditions Best Regards, DAVID DEN DAAS, LEER IT RUST ORUING 1215 Cameron St. Alexandria;Z:.A22314 r T 703.336. 20i F 701.543.3779 23 Mike Goffredo From: David den Daas <DdenDaas @rustorling.com> To: Mike Goffredo Sent: Tuesday,January 29, 2013 2:12 PM Subject: Read: Enterprise -Alexandria Your message To: DdenDaasa-rustorlincfcom contained an option unknown to Outlook,therefore receipt generation failed. 24 Mike Goffredo From: Mike Ernst <mernst@rustorling.com> Sent: Tuesday,January 29, 2013 12:14 PM To: Mike Goffredo Cc: David den Daas Subject: RE: Enterprise -Alexandria Attachments: EHI Eisenhower- Bid Clarifications Mike, Any word on the answers to the questions we sent to Tom 1he other day-see attached? He sent us an e-mail acknowledging that he received the questions,we just haven't seen any responses yet. Thanks, Mike Ernst, AIA. LEED AP BD+C RUST I ORLING ARCHITECTURE mernst@,rustorlinq.corn ...........r........... From: Mike Goffreclo [mailto.mikeOfflynngroupgo Sent:Tuesday, January 29, 2013 10:52 AM To: Mike Ernst Cc: jderose0erac.com; josegh.A.Long(aehi.com;Tom Flynn Subject: Enterprise-Alexandria Gentlemen, We attempted to send this message yesterday morning and have just realized that we did not receive a delivered message response. Please let me know that you have received this transmission by clicking the Read Receipt.Thanks for your patience. MG Mike, Please find our breakdown of the Proposal for the Alexandria project,We apologize for the delay in providing this supporting information. Please feel free to contact me with any questions or comments.Thanks for your cooperation. Best regards Michael Goffredo Director of Construction Flynn Group 5006 Trindle Road,Suite 100 Mechanicsburg,PA 17050 Main Office(T)717.790.0110(F)717.790.0113 Lehigh Valley Office(T)610.863.2000(F)610.863.9139 Cell: 484.239.3518 25 Email:mikdp_tivnngrou .corn t , _ f I 7{. M1 I I 26 Mike Goffredo From: DeRose John P <]ohn.P.Denose@ehiconn> ^~ 8Sent: Tuesday,January 29 20I31127AM . � To: Mike Goffredo Read: Enterprise -/Uexandha � Read: Enterorise-Alexandha � CONFIDENTIALITY NOTICE:This e-mail and any files transmitted with it are intended solely for the use of the individual or entity to whom they are addressed and may contain confidential and privileged information protected by law. If you received this e-mail in error, any review,use,dissemination,distribution,or copying of the e-mail is strictly prohibited. Please notify the sender immediately by return e-mail and delete all copies from your system. � ~ / . . ' / ' \ 27 K U Mike Goffredo From: Tom Flynn Sent: Tuesday,January 29,.2013 11:05 AM To: Mike Goffredo Subject: Re: Enterprise-Alexandria You were to send it to David Daus. Remember? www.flynngroup.com On Jan 29,2013,at 10:53 AM, "Mike Goffredo"<mike @flynngroup.com>wrote: Gentlemen, We attempted to send this message yesterday morning and have just realized that we did not receive a delivered message response. Please let me know that you have received this transmission by clicking the Read Receipt.Thanks for your patience. MG Mike, Please find our breakdown of the Proposal for the Alexandria project.We apologize for the delay in providing this supporting information. Please feel free to contact me with any questions or comments. Thanks for your cooperation. Best regards Michael Goffredo Director of Construction Flynn Group 5006 Trindle Road,Suite 100 Mechanicsburg,PA 17050 Main Office(T)717.790.0110(F)717.790.0113 Lehigh Valley Office(T)010.863.2000(F)610.863.9139 Cell: 484.239.3518 Email:mike Cfflynngroup.com <image00l.png> <Schedule of Values.xlsx> 28 Mike Goffredo From: Tom Flynn --",Sent: Wednesday,January 30, 2013 9:44 AM "To: Mike Goffredo Cc: Georgia Liddell Subject: Re: Enterprise -Virginia Registration & Licensing Handled as discussed www.flynngroup.com On Jan 29, 2013, at 2:05 PM, "Mike Goffredo"<mike@flynngroup.com>wrote: Tom, This is perhaps the most important question posed by Joe Long to date.How do you wish that I respond? Our licensing and registration applications are in the Process of being submitted to the State. We have two Qualified Individuals(Ql's)that are participating with us in our licensing applications. We have two Qualified Individuals(Q1's)that are participating with us in our licensing applications while Mr. Goffredo, who has been licensed in seven states,secures the Q/status. • Other? As I noted previously,the process in Virginia is quite precise and predictable. I have attached information regarding the Registration&Licensing Requirements in the State. We need to talk about this ASAP.Thanks. -----Original Message----- From: Long,Joseph A[ma ilto:Jose ph.A.Long 2eh i.com] Sent: Friday,January 25,2013 6:55 PM To:Tom Flynn; DeRose,John P Subject: RE: Enterprise-Alexandria Hi Tom Thanks for your email.A question came up during a meeting yesterday with architects/engineer working with the City of Alexandria.Do you have a Virginia General Contractors License? Thanks,Joe Michael Goffredo Director of Construction Flynn Group 5006 Trindle Road,Suite 100 Mechanicsburg,PA 17050 Main Office(T)717.790.0110(F)717.790.0113 Lehigh Valley Office(T)610.863.2000(F)610.8639139 21 Cell: 484.239.3518 Email:milce_,flvnngroup.com <image001.png> e. <contractors step guld p df> <A501-27INTRO.pdf> <A501-27EXINFO.pdf> I 22 EXHIBIT 8 LuVR INVOICE A S S O C I A T E S CONSTRUCTION SERVICES GROUP INVOICE NUMBER 545 E.West Street-Wind Gap,PA-18091 1301-01 January 31, 2013 Realty Management Inc. PROJECT: Enterprise Holdings Inc. 5006 Trindle Road Eisenhower Avenue Project Mechanicsburg, PA 17050 Alexandria, VA HOURLY CONSTRUCTION CONSULTING SERVICES & EXPENSES DATE DESCRIPTION HOURS RATE TOTAL 01/04/13 Preliminary review of floor plans&elevations-email 1.00 $ 110.00 $ 110.00 01/08/13 Review TJF correspondence to ERAC 1.00 $ 110.00 $ 110.00 01/09/13 Review Invitiation to Bid-Review all Drawings&Specs 2.00 $ 110.00 $ 220.00 on FTP site. Telcons with TJF. 01/14/13 Attend Pre-bid walk-through with Matt Socha. Depart 14.00 $ 110.00 $ 1,540.00 4:30 AM-Arrive @ site 9:15-Dep to Mechanicsburg 11:30-Dep to Wind Gap 17:00- End Wind Gap 19:00. 01/15/13 Build Blue Book Bid file-import bid documents 8.00 $ 110.00 $ 880.00 01/16/13 Complete BBB files-send Invitations to Sub Bidders 10.00 $ 110.00 $ 1,100.00 01/17/13 Follow-up calls with bidders. Telcon w/M Ernst-specs 6.00 $ 110.00 $ 660.00 01/18/13 Build Master Bid Sheet-Estimate General Conditions 4.00 $ 110.00 $ 440.00 01/21/13 Bid Prep- Review all Addenda- Follow-up calls 8.00 $ 110.00 $ 880.00 01/22/13 Travel to Site with TJF&MS. Meet with Popple&LR 14.00 $ 110.00 $ 1,540.00 Costanzo reps. Depart 07:15 Return 21:30 01/23/13 $ 110.00 $ - 01/24/13 Mechanicsburg Office-Bid Preparation Depart 08:00 12.00 $ 110.00 $ 1,320.00 Return 21:30 01/25/13 Mechanicsburg Office-Final Bid Preparation Depart 12.00 $ 110.00 $ 1,320.00 06:30 -Return 18:30 01/27/13 Prepare Breakdown of Estimate for TJF review 5.00 $ 110.00 $ 550.00 01/28/13 Complete and send Breakdown to M. Ernst 4.00 $ 110.00 $ 440.00 THIS INVOICE TOTAL $ 11,110.00 PROJECT SUMMARY: Previous Billings $ - Current Invoice $ 11,110.00 Project Total $ 11,110.00 0 MICHAEL GOFFREDO, and : IN THE COURT OF COMMON PLEAS M.S.G. ASSOCIATES,INC., : CUMBERLAND COUNTY,PENNSYLVANIA Plaintiffs v. • FLYNN GROUP,LLC,and : NO. 2013-3933 ? r._a -REALTY MANAGEMENT INC., r a Defendants : CIVIL ACTION-LAW ;F n c NOTICE TO PLEAD To: Alina M. Dusharm, Esquire Stone, Duncan & Linsenbach, P.C. r. , 8 North Baltimore Street Dillsburg, PA 17109 You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment may be entered against you. Respectfully submitted, LAW OFFICES i F PETER J. RUSSO, P.C. 1/ By: w fir! i 16 East .idle Rd, Suite 203 Mechanicsburg, PA 17050 Peter J. Russo, Esquire Supreme Court No. 72897 Paul D. Edger, Esquire Supreme Court No. 312713 Attorneys for Defendants Date: October 16, 2013 LAW OFFICES OF PETER J. RUSSO,P.C. BY: Paul D. Edger, Esquire PA Supreme Court ID: 312713 Peter J. Russo, Esquire PA Supreme Court ID: 72897 5006 East Trindle Road, Suite 203 Mechanicsburg, PA 17050 (717) 591-1755 Attorneys for Defendants MICHAEL GOFFREDO, and : IN THE COURT OF COMMON PLEAS M.S.G. ASSOCIATES,INC., : CUMBERLAND COUNTY,PENNSYLVANIA Plaintiffs v. • FLYNN GROUP,LLC,and : NO. 2013-3933 REALTY MANAGEMENT INC., Defendants : CIVIL ACTION-LAW DEFENDANTS' ANSWER TO PLAINTIFF'S AMENDED COMPLAINT AND NOW, comes the Defendants, Flynn Group, LLC (hereinafter referred to as "Flynn") and Realty Management, Inc., (herein known as "RMI"), by and through their attorney, Paul D. Edger, Esquire and the Law Offices of Peter J. Russo, P.C., and hereby avers the following in support of this Answer to Plaintiff's Amended Complaint. 1. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of Plaintiffs' averment, and therefore, strict proof is demanded. 2. The averment contained in Paragraph 2 is a conclusion of law to which no response is required. To the extent a response is required, it is denied and strict proof is demanded. 3. The averment contained in Paragraph 3 is a conclusion of law to which no response is required. To the extent a response is required, it is denied and strict proof is demanded. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted in part and denied in part. It is admitted that the registered office address of RMI is 2837 North Front Street, Suite 101, Harrisburg, PA 17110. It is denied that the principal place of business is 5006 East Trindle Road, Suite 203, Mechanicsburg, PA 17050, as RMI is located in 5006 East Trindle Road, Suite 100, Mechanicsburg, PA 17050. 8. The averment contained in Paragraph 8 is a conclusion of law to which no response is required. To the extent a response is required, it is denied and strict proof is demanded. 9. Admitted in part and denied in part. It is admitted that Thomas Flynn is the President of Realty Management, Inc. It is denied that Thomas Flynn is the President of Flynn Group, LLC. 10. The Pennsylvania Rules of Civil Procedure do not require a response to the averment contained in Paragraph 10 pursuant to Pa. R.C.P. 1029(d). 11. The averment contained in Paragraph 11 is a conclusion of law to which no response is required. To the extent a response is required, it is denied and strict proof is demanded. 12. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of Plaintiffs' averment, and therefore, strict proof is demanded. 13. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of Plaintiffs' averment, and therefore, strict proof is demanded. 14. Admitted. 15. Denied. Defendants originally decided only for their employee, Matt Socha, to attend the Virginia walkthrough in preparation for submission of a bid for the project. However, Plaintiff asked Thomas Flynn, President of RMI, for Plaintiff to "tag along" in order to better respond to the bid proposal. No discussion as to compensation for time was made between the parties, and had Defendants known Plaintiff would submit an invoice for this trip, Defendants would have rejected Plaintiffs request to visit the location. 16. Denied. The email evidenced in Exhibit 3 was an email sent by Thomas Flynn to both Plaintiff and Matt Socha, an employee of RMI, wishing them luck and safe travels on the trip. The email never served as an invitation for Plaintiff to begin the bid proposal for the project, but merely to review the site with Mr. Socha and report back. 17. Admitted in part. Defendants sought assistance with Plaintiff for proposing a bid for the Alexandria, Virginia project. Defendant was required to permit Plaintiff access to classified and protected documentation so that Plaintiff could assist in preparation of a bid for the Alexandria project. As a result, the "tools" and "resources" shared by the Defendants were mainly the Defendant's bid template, insurance documents, and other "electronic" documents used along with Plaintiffs own documents and resources. 18. Denied. Plaintiff assigned himself the title of"Director of Construction" and utilized said title on all emails without explicit "award" of said title by Defendants. Further, Plaintiff s Exhibit 5 does not evidence Defendants granting the title upon the Plaintiff, but merely that Plaintiff utilized the title in email correspondence. 19. Admitted. It is further stated that Plaintiff was only asked to sign the document because Thomas Flynn, President of RMI, was on a train out of the area and unable to sign the document before its submission. 20. Denied. After reasonable investigation Defendants are without knowledge or information sufficient to form a belief as to the truth of Plaintiffs' averment, and therefore strict proof is demanded. 21. The averment contained in Paragraph 21 is a conclusion of law to which no response is required. To the extent a response is required, it is denied and strict proof is demanded. COUNT I Failure to Pay and Reimburse Employee 22. The Pennsylvania Rules of Civil Procedure do not require a response to the averment contained in Paragraph 22 pursuant to Pa. R.C.P. 1029(d). 23. The averment contained in Paragraph 23 is a conclusion of law to which no response is required. To the extent a response is required, it is denied and strict proof is demanded. 24. Admitted in part. Defendants sought assistance with Plaintiff for proposing a bid for the Alexandria, Virginia project. Defendant was required to allow Plaintiff access to classified and protected documentation so that Plaintiff could assist in making a bid on the Defendant's behalf. As a result, the "tools" and "resources" shared by the Defendants were mainly the Defendant's bid template, insurance documents, and other "electronic" documents. 25. Denied. Plaintiff assigned himself the title of Director of Construction, and was not due to the Defendant granting said title. 26. Denied. Plaintiff was never under the control or direction of the Defendants and was free to act on his own accord. 27. Denied. Plaintiff was never an "employee" under any definition under the Internal Revenue Service, Pennsylvania Department of Labor & Industry, or any other relevant statute concerning the definition of an"employee." • 28. The averment contained in Paragraph 28 is a conclusion of law to which no response is required. To the extent a response is required, it is denied and strict proof is demanded. 29. The averment contained in Paragraph 29 is a conclusion of law to which no response is required. To the extent a response is required, it is denied and strict proof is demanded. 30. The averment contained in Paragraph 30 is a conclusion of law to which no response is required. To the extent a response is required, it is denied and strict proof is demanded. 31. The averment contained in Paragraph 31 is a conclusion of law to which no response is required. To the extent a response is required, it is denied and strict proof is demanded. 32. The averment contained in Paragraph 32 is a conclusion of law to which no response is required. To the extent a response is required, it is denied and strict proof is demanded. 33. The averment contained in Paragraph 33 is a conclusion of law to which no response is required. To the extent a response is required, it is denied and strict proof is demanded. It is further stated that the agreement between the parties in agreeing to the oral "contract" was that Plaintiff would be compensated only if Defendants were successful and awarded the Alexandria contract, to which Plaintiff agreed to said arrangement. 34. The averment contained in Paragraph 34 is a conclusion of law to which no response is required. To the extent a response is required, it is denied and strict proof is demanded. 35. The averment contained in Paragraph 35 is a conclusion of law to which no response is required. To the extent a response is required, it is denied and strict proof is demanded. WHEREFORE, the Defendants, Flynn Group, LLC and Realty Management, Inc., respectfully request this Honorable Court to dismiss Plaintiff's Amended Complaint and enter judgment in favor of the Defendants and against the Plaintiff. COUNT II ACT BREACH OF CONTRACT (Plead in the Alternative) 36. The Pennsylvania Rules of Civil Procedure do not require a response to the averment contained in Paragraph 36 pursuant to Pa. R.C.P. 1029(d). 37. The averment contained in Paragraph 37 is a conclusion of law to which no response is required. To the extent a response is required, it is denied and strict proof is demanded. 38. The averment contained in Paragraph 38 is a conclusion of law to which no response is required. To the extent a response is required, it is denied and strict proof is demanded. 39. Denied. Plaintiff failed to complete, following all details assigned by the Architecture firm, which resulted in the bid being deemed late and rejected. 40. Admitted. 41. Admitted. It is further admitted that Defendants refuse to pay the invoice submitted by Plaintiff as Plaintiff is not eligible for the payment, but for the oral "contract" reached between the parties that Plaintiff would be compensated only upon successful award of the Alexandria contact to the Defendants. WHEREFORE, the Defendants, Flynn Group, LLC and Realty Management, Inc., respectfully request this Honorable Court to dismiss Plaintiff's Amended Complaint, and enter judgment in favor of the Defendants and against the Plaintiff COUNT III PROMISSORY ESTOPPEL (Plead in the Alternative) 42. The Pennsylvania Rules of Civil Procedure do not require a response to the averment contained in Paragraph 42 pursuant to Pa. R.C.P. 1029(d). 43. The averment contained in Paragraph 43 is a conclusion of law to which no response is required. To the extent a response is required, it is denied and strict proof is demanded. 44. The averment contained in Paragraph 44 is a conclusion of law to which no response is required. To the extent a response is required, it is denied and strict proof is demanded. 45. The averment contained in Paragraph 45 is a conclusion of law to which no response is required. To the extent a response is required, it is denied and strict proof is demanded. 46. The averment contained in Paragraph 46 is a conclusion of law to which no response is required. To the extent a response is required, it is denied and strict proof is demanded. WHEREFORE, the Defendants, Flynn Group, LLC and Realty Management, Inc., respectfully request this Honorable Court to dismiss Plaintiffs Amended Complaint and enter judgment in favor of the Defendants and against the Plaintiff NEW MATTERS 47. The Pennsylvania Rules of Civil Procedure do not require a response to the averment contained in Paragraph 47 pursuant to Pa. R.C.P. 1029(d). 48. Plaintiff has failed to state a claim upon which relief may be granted. 49. Plaintiff is contributorily negligent. 50. Plaintiff has unclean hands. 51. Plaintiff has failed to mitigate damages. 52. Plaintiffs own conduct is the cause of his loss. 53. The Flynn Group, LLC is not a proper party to this action, as the agreement between Plaintiff regarding the HIA project was with Realty Management, Inc., and Plaintiff has failed to provide any documentary evidence, to show Flynn Group, LLC's connection to this matter. 54. Plaintiff has failed to meet the requirements of Pennsylvania Rules of Civil Procedure Rule 1019, in failing to include with the Amended Complaint a copy of the contract which the parties entered into "as a Subcontractor, by verbal, electronic writings and normal trade practice communication."See Amend. Compl. ¶16. 55. On or around June 2012, Michael Goffredo and Thomas Flynn entered into an oral "contract" in which Plaintiff would provide assistance preparing a bid for Defendant, in which Defendant would compensate Plaintiff only if the bid was successfully awarded to Defendants. 56. Michael Goffredo, on behalf of himself and MSG Associates, accepted the arrangement. 57. Plaintiff was never made an employee of Flynn Group, LLC or Realty Management, Inc. 58. Plaintiff never completed any employment documentation, including I-9s, W-4, contracts for employment, or any document concerning tax withholdings or direct deposit. 59. Plaintiff never received an actual notification of"hiring" from Defendants. 60. Plaintiff was never called an"Employee"by Thomas Flynn or Defendants. 61. Plaintiff was never called an"Independent Contractor"by Thomas Flynn or Defendants. 62. Plaintiff and Defendant have no written contract concerning their relationship. 63. Plaintiff does not share in any profits or losses of the Defendants. 64. Plaintiff maintains his own liability insurance for his work in the construction industry, including "pre-construction management." 65. Plaintiff was free from control of Thomas Flynn and Defendants. 66. Plaintiff was free from direction of Thomas Flynn and Defendants. WHEREFORE, the Defendants, Flynn Group, LLC and Realty Management, Inc., respectfully request this Honorable Court to enter judgment in favor of the Defendants and against the Plaintiff. Respectfully submitted, LAW OFFICES OF PETER J. RUSSO, P.C. By: - . Ru squire PA Supreme Court ID: 72897 caul D. Edger, Esquire PA Supreme Court ID: 312713 5006 East Trindle Road, Suite 203 Mechanicsburg, PA 17050 Attorneys for Defendant Date: October 16, 2013 VERIFICATION I, Thomas Flynn, President of Realty Management, Inc. that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of perjury of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. 4111111W Date: ICl/15-113 Thomas Flynn, President Realty Management, Inc. aKd On be-144q- mfr �1 Ynrr 6.0.6 CLL MICHAEL GOFFREDO, and : IN THE COURT OF COMMON PLEAS M.S.G.ASSOCIATES,INC., : CUMBERLAND COUNTY,PENNSYLVANIA Plaintiffs v. FLYNN GROUP,LLC, and : NO. 2013-3933 REALTY MANAGEMENT INC., Defendants : CIVIL ACTION-LAW CERTIFICATE OF SERVICE I, Derek M. Strouphauer, Paralegal, hereby certify that I am on this day serving a copy of the foregoing documents upon the person(s) listed below via US First Class Mail, and addressed as follows: Alina M. Dusharm, Esquire Stone, Duncan & Linsenbach, P.C. 8 North Baltimore Street Dillsburg, PA 17109 Date: October 16, 2013 I I Der-�'�.St 4--"" Par. -gal L? t4 t l,U THlr,'i Px;x tf §11111 _5 Phi !. 38 COURT CUMBERL N D COMMON PLEAS PENNSYLVANIA P E l; o`;'!_'��P ! 9 ! }` Michael Goffredo, and M.S.G. Associates, Inc, • Plaintiff v CIVIL ACTION- LAW • Flynn Group, LLC, • NO. 2013-3933 Realty Management, Inc. • Defendants. • • ANSWER TO NEW MATTER AND NOW comes the Plaintiffs, Michael Goffredo and M.S.G. Associates, Inc., and files this Answer to New Matter in response to Defendants' Answer to Plaintiff's Amended Complaint, and hereby answers as follows: 1-46.Plaintiff incorporates by reference paragraphs 1-46 in the Complaint, and the Defendant's answers thereto, as if fully set forth herein. 47. Denied. The allegations contained in Paragraph 47 are conclusions of law to which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure. 48. Denied. The allegations contained in Paragraph 48 are conclusions of law to which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure. 49. Denied. The allegations contained in Paragraph 49 are conclusions of law to which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure. 50. Denied. The allegations contained in Paragraph 50 are conclusions of law to which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure. 51. Denied. The allegations contained in Paragraph 51 are conclusions of law to which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure. 52. Denied. The allegations contained in Paragraph 52 are conclusions of law to which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure. 53. Denied. The allegations contained in Paragraph 53 are conclusions of law to which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure. 54. Denied. The allegations contained in Paragraph 54 are conclusions of law to which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure. 55. Admitted in part, denied in part. Admitted that Plaintiff and Defendant entered into an oral contract to provide assistance in preparing a bid on behalf of Defendant. It is denied that Plaintiff agreed to only be compensated if the bid was successfully awarded to Defendants. 56. Admitted in part, denied in part. Admitted that Plaintiff accepted the arrangement, but it is denied that the arrangement included that Plaintiff would not be paid unless the bid was successful. Rather, Plaintiff agreed to work on an hourly basis. 57. Denied. Plaintiff was to be paid on an hourly basis, worked under the control of Defendants, and was effectively an employee and/or independent contractor. 58. Denied as stated. It is denied that Plaintiff never filled out any employment documentation. 59. Denied. Plaintiff was under an agreement to work on an hourly basis, and was given a title to use in connection with the work done for Defendants. 60. Denied. Plaintiff may have been called an independent contractor or employee in communications by Defendant. By way of further answer, Defendants were using Plaintiff as an employee or independent contractor in connection with the work done for their projects. 2 61. Denied. Plaintiff may have been called an independent contractor or employee in communications by Defendant. By way of further answer, Defendants were using Plaintiff as an employee or independent contractor in connection with the work done for their projects. 62. Denied as stated. Plaintiff is not in possession of a contract detailing all of the terms of the agreement. It is denied that there are no writings to confirm the agreement that Defendants had with Plaintiff. 63. Denied as stated. It is admitted that Plaintiff should not share in the profits or losses of the Defendants,but it is denied that he hasn't improperly shared in the losses of Defendants. 64. Denied as stated. Plaintiff may maintain his own coverage, but work done as an employee or independent contractor should be covered by Defendants' insurance. 65. Denied. Plaintiff was bound to do the work as directed by Defendants. 66. Denied. Plaintiff was bound to do the work as directed by Defendants. WHEREFORE, Plaintiffs respectfully request the Honorable Court enter judgment for Plaintiff in accordance with the demands listed in the Amended Complaint. Date: \\P-1 / i Stone,Dune. ; Linsenbach, P.C. Arid Alina M. Dusharm, sq. Attorney I.D.No. 309861 8 North Baltimore Street Dillsburg, PA 17109 Ph: 717-432-2089 Attorney for Plaintiff 3 CERTIFICATE OF SERVICE I, Alina M. Dusharm, do certify that I have served a copy of Plaintiff's Amended Complaint upon the following by first class mail: Paul D. Edger, Esquire Law Offices of Peter J. Russo, P.C. 5006 E. Trindle Road, Suite 203 Mechanicsburg, PA 17050 DATE: 1\ Alin ' . Dusharm, ' sq. Stone,Duncan, & Linsenbach,P.C. 8 North Baltimore Street Dillsburg, PA 17109 Ph: 717-432-2089 Fx: 717-432-0158 Attorney for Plaintiff 4 COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Michael Goffredo, and M.S.G. Associates, Inc, Plaintiff v. CIVIL ACTION - LAW Flynn Group, LLC, Realty Management, Inc. Defendants. NO. 2013-3933 MOTION TO WITHDRAW AS COUNSEL AND NOW, comes Petitioner, Duane P. Stone, Esquire, and files this Motion to Withdraw as Counsel, whereof the following is a statement, to wit: 1. Petitioner is Duane P. Stone, Esquire, counsel of record for Plaintiffs, MSG Associates, Inc. and Michael Goffredo. 2. Good cause exists under Rule 1.16 of the Rules of Professional Responsibility (204 Pa. Code 81.4) for Petitioner to withdraw as counsel of record. 3. Petitioner has not acted as counsel for Plaintiffs for over one year. 4. Plaintiff has failed to pay his agreed upon invoices to Petitioner, after repeated attempts to have Plaintiffs comply with proper contractual obligations set forth in the fee engagement letter. WHEREFORE, Duane P. Stone, Esquire, requests leave of Court to withdraw his appearance as counsel of record for MSG Associates, Inc. and Michael Goffredo in the above -captioned case. Date: October 1, 2014 STONE, DUNCAN & LINSENBACH, PC Duane P. Stone, Esquire Atty. ID: 85715 3 N. Baltimore Street Dillsburg, PA 17019 Ph: (717) 432-2089 Fx: (717) 432-0158 CERTIFICATE OF SERVICE I, Duane P. Stone, Esquire, hereby certify that on this date, 1st day of October 2014, a true and correct copy of the foregoing MOTION TO WITHDRAW AS COUNSEL was served by first-class United States mail, postage prepaid, upon the following: Paul D. Edger, Esquire Law Offices of Peter J. Russo, P.C. 5006 E. Trindle Road, Suite 203 Mechanicsburg, PA 17050 MSG Associates, Inc. 6695 Sullivan Trail, Suite 201 Wind Gap, Pennsylvania 18091 Michael Goffredo 299 Kennedy Drive Roseto, PA 18013 STONE, DUNCAN & LINSENBACH, PC 4IP Duane P. Stone, Esquire VERFICATION I verify that the statements contained in the foregoing Motion to Withdraw as Counsel are true and correct based on my personal knowledge or information and belief. I understand that false statements are subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Date:/ ZO# Duane P. Stone, Esquire ...,._• COURT OF COMMON PLEAS c c-.) -11 -- CUMBERLAND COUNTY, PENNSYLVANIA -9 = ...c•• —I = , m C3 = rrl CI rrl F =,1;t --4 -Dm cnr- 1 m c:, -.< > ull c) Michael Goffredo, and r- z M.S.G. Associates, Inc, > Plaintiff r-i z • • --1 —4 v. CIVIL ACTION - LAW Flynn Group, LLC, Realty Management, Inc. Defendants. NO. 2013-3933 ORDER MOTION TO WITHDRAW AS COUNSEL AND NOW, this 1 day of October, 2014, upon consideration of the within Motion to Withdraw as Counsel, it is hereby ORDERED that the Motion to Withdraw as Counsel for Plaintiffs Michael Goffredo and M.S.G. Associates, Inc. by Duane P. Stone, in the above -captioned matter is hereby GRANTED. IT IS FURTHER ORDERED, that the last known address and telephone number of Plaintiff M.S.G. Associates, Inc. is 6695 Sullivan Trail, Suite 201, Wind Gap, Pennsylvania 18091 and of Plaintiff Michael Goffredo is 299 Kennedy Drive, Roseto, PA 18013. )14. BY THE COURT,