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Home My WebLink About13-3934 Supreme CO "' en nsylvania COUr C - o o mmo leas For Prothonotary Use Only: Cl it C,er'Shet Docket No: S r County 13 3/3V 'n The information collected on this fibrin is tised solell% far court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. r Commencement of Action: El ' Complaint i - Writ of Summons ! Petition 0 Transfer from Another Jurisdiction ] Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: f Dollar Amount Requested: Owithin arbitration limits I Are money damages requested? Yes El No (check one) Ooutside arbitration limits �O N Is this a Class Action Suit? Yes 2( No Is this an MDJAppeal? Yes F1 No i , A Name of Plaintiff /Appellant's Attorney: A I•/�q � �'s�^'► LJ Check here if you have no attorney (are a Self - Represented [Pro 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 El Intentional Buyer Plaintiff Administrative Agencies i� Malicious Prosecution Debt Collection: Credit Card ❑ Board of Assessment 0 Motor Vehicle Debt Collection: Other J Board of Elections i Nuisance 0 Dept. of Transportation Lj Premises Liability ❑ Statutory Appeal: Other S 0 Product Liability (does not include [ mass tort) [3 Employment Dispute: { E Discrimination { 0 Slander/Libel/ Defamation IJ Employment Dispute: Other i Zoning Board C 'J Other: T , E3 Other: I ( Other: t O MASS TORT p�`S 0 Asbestos N 0 Tobacco 0 Toxic Tort - DES Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS Toxic Waste 1 Eli Ejectment C! Common Law /Statutory Arbitration B I� Other: 0 Eminent Domain /Condemnation r s Declaratory Judgment Ground Rent =1 Mandamus Landlord /Tenant Dispute _ ii Non - Domestic Relations Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY M, Mortgage Foreclosure: Commercial 0 Quo Warranto 0 Dental Ci Partition 0 Replevin 0 Legal 0 Quiet Title 0 Other: 0 Medical i=i Other: Other Professional: i Updated 1/1/2011 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of FROM MAGISTERIAL DISTRICTJUDGE JUDGMENT COMMON PLEAS No -- 3 Y C,k , NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Magisterial District Judge on the date and in the case referenced below. NAME OF APPELLANT MAG. DIST. N0. NAME OF MOJ (Y13_ W SSo ' lr, ojj P ADDRESS OF APPELLANT CITY `O STATE. ZIP CODE 5y S W e-r St r c� DATE OF JUDGMENT PA IN THE CASE OF (PlaT9M (Defendant)' G 13 M5(4 N - 'e jn BS I n DOCKET No. SIGNATURE OF APPELLANT OR ATTORNEY OR GENT f"�T- �93oy -cu -9� - 21,0 This block will be signed ONLY when this notation is required under Pa. If appellant was Claimant (see Pa. R.C.P.D.J. No 1001(6) in action R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the Magisterial District Judge, will before a Magistedal Distrkt Judge, A COMPLAINT MUST BE FILED operate as a SUPERSEDEAS to the judgment for possession in this case. w0in twenty (20) days afterfiing the NOTICE of APPEAL. Signature of Prothonotary or Deity 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 MagIstedal 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 appellees) - - - - -- - - -V - - -- (Common Pleas No. -- _------- - - - -_) 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 appeflee(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 MAYBE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: .20 , }} � I N A S N3 d Signattxe of Protna�otary or Deputy A.Li 03 (INVI83owni YOU MUST INCLUDE A COPY OF THE NOTICE 0 0MfIPT FORM WITH THIS NOTICE OF APPEAL. ),�IVV .O OHIOU 311 r �jd 3, 5-d pA X AOPC312 -05 -� � +,�t�p_ ��.Cwt i COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil COUNTY OF CUMBERLAND ¢ Case I 1 Mag. Dist. No: MDJ -09 -3-04 Msg Associates, Inc. MDJ Name: Honorable Paula P. Correal V. Address: 5275 East Trindle Road Thomas Flynn, Flynn Group, Realty Suite 110 Management Inc. Mechanicsburg, PA 17050 5 t, f I-- A - ' Al e ej g Telephone: 717- 697 -2201 rr - , {-� � a-03 rc � 76;d Msg Associates, Inc. Docket No: MJ- 09304 -CV- 0000096 -2013 P.O Box 265 E West Street Case Filed: 3122/2013 P.O Wind Gap, PA 18091 i I Disposition Summary Docket No Plaintiff Defendant Disposition Disposition Date MJ- 09304 -CV- 0000096 -2013 Msg Associates, Inc. Realty Management Inc. Judgment for Plaintiff 0 6107/2 01 3 I MJ- 09304 -CV -0000096 -2013 Msg Associates, Inc. Flynn Group Judgment for Plaintiff 0610712013 MJ- 09304 -CV- 0000096.2013 Msg Associates, Inc. Thomas Flynn Dismissed Without Prejudice 06107/2013 Judgment Summary Participant Joln0everal Liability Individual Liability Amount Flynn Group $4,208.67 $0.00 $4.208.67 i Msg Associates, Inc. $0.00 $0.00 $0.00 Realty Management Inc. $4,208.67 $0.00 $4,208.67 Thomas Flynn $0.00 $0.00 $0.00 I Judgment Detail ( "Post Judgment) In the matter of Msg Associates, Inc. vs. Realty Management Inc.; Flynn Group on 6/07/2013 the judgment was awarded as follows: ! Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $4,000.00 $0.00 $4,000.00 Filing Fees $146.50 $0.00 $146.50 Server Fees $47.17 $0.00 $4717 Costs $15.00 $0.00 $1 5.00 Grand Total: $4,208.67 ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY /CLERK OF COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. Date Wagls 11 Ju I MDJS 315 Page 1 of 3 Printed: 06/07/2013 8:30:19AM THE 2013 JUL 12 AM 8: 5 1 CUMBERLAND COUNT 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 a copy ofthe Notice of Appeal,Common Pleas No.13-3534,upon the Magisterial District Judge designated therein on (date of service) July 10 ,20 13 by personal service R by(certified)(registered)mail, Thomas Flynn sender's receipt attached hereto,and upon the appellee, -on July 10 .2013 Elby personal serviceR by(certified)(registered)mail, sender's receipt attached hereto. (SWO BEFORE ME THIS t4 W Title of official v,,r COMMON I My commission expires on 20 ,otviai Se public Brian c.Unsenbach, y Dlj1sbuT9S01o1y0*M8CounLt1 2015 AOPC 312x'05 ' U.S. Postal Service'rM • CERTIFIED RECEIPT CERTIFIED • (rF • p 1 ornestic Mail Only; For delivery information visit our website at www.usps.come tr 'Er p Postage $ ITT, 0 Postage $ Er Certified Fee V''I f +� � t' $3•.113 �(�'�`}j Certified Fee a G� Pgstrr�at!' Postmark�� t C3 Retum Receipt Fee ry =y_ .1 = 1 C3 (Endorsement Required) '=• ere p Return Receipt Fee �.;t 5� ;.2 Here 1 C3 �� p (Endorsement Required) �U Restricted Delivery Fee !•3 C3 / (Endorsement Required) •Sl,i 3 CO Restricted Delivery Feei� M O (Endorsement Required) Total Postage&Fees $ f-6.11 ;t7 Total Postage&Fees 2$13 M m ent To j Jl ent a ru v 1 �.. .... - ....................... MD -0 9.. �� "n treegApt.No. I_. _ .�_....°- ................................................. C] G t5 /� freet G IVo.; / or PO Box No. ` q�lk+ 'a� �d � S 2 7 5�G s� �r' N -------------------- °-- °-----F. ..IIT ? -- -------------------- or PO Box No. a _...- City,State,ZIP+4 --- - iy �! // jJ City Stale.ZIP+`} _.!. J I / ,b�pA I�:t.V�v • j I�fifl�' A?-eGf Aj'GJX7rL+^ I7o�o PS Form :00 August 2006 See Reverse for Instructions :,r August 2006 See Reverse for Instruction%—, 7:7Jl3 JUL 26 P11 L: PP4 CUMBERLANJ .'U4.N l 'r PENNSYLVANIA COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA M.S.G. Associates, Inc, • Plaintiff v. CIVIL ACTION - LAW • Flynn Group, Inc, • NO. 2013-3934 • 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 • M.S.G. Associates, Inc, • Plaintiff v. : CIVIL ACTION - LAW Flynn Group, Inc, • NO. 2013-3934 Flynn Group, LLC, Realty Management • Incorporated and Realty Management Associates, LLC Defendants, • COMPLAINT AND NOW comes the Plaintiff, 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, M.S.G. Associates, Inc., is a registered Pennsylvania corporation. 2. Plaintiff, M.S.G. Associates, Inc.'s, principal place of business is 6695 Sullivan Trail, Suite 201, Wind Gap, Pennsylvania 18091. 3. Defendant, Flynn Group, Inc., is a registered Pennsylvania corporation. 4. 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. 5. Defendant, Flynn Group, LLC, is a registered Pennsylvania limited liability company. 2 6. Defendant, Flynn Group, LLC's, registered office address is: 5006 E. Trindle Road, Suite 203, Mechanicsburg, PA 17053. 7. Defendant, Realty Management Incorporated, is a registered Pennsylvania corporation. 8. Defendant, Realty Management Incorporated, registered office address is 2837 N. Front Street, Ste 101, Harrisburg, Pennsylvania 17110, and from websites their principal place of business is 5006 E. Trindle Road, Suite 203, Mechanicsburg, PA 17053. 9. Defendant, Realty Management Associates, LLC is a registered Pennsylvania limited liability company. 10. Defendant, Realty Management Associates, LLC's, principal place of business is 5006 E. Trindle Road, Suite 203, Mechanicsburg, PA 17053. 11. Michael Goffredo is President of M.S.G. Associates, Inc. 12. Thomas Flynn is President of the Flynn Group, Inc., Flynn Group, LLC, Realty Management Incorporated, and Realty Management Associates, LLC. FACTS 13. The averments in paragraphs 1-12 are incorporated herein by reference as if set forth in full. 14. Plaintiff and Defendants are both Pennsylvania business entities. 15. Defendants corporate headquarters reside in Cumberland County Pennsylvania, see Exhibit 1. 3 16. Plaintiff entered into a business contract with Defendants regarding providing services and labor in the construction of a car wash for Enterprise Holdings rental car company. 17. Plaintiff was a subcontractor of Defendants. 18. Defendants were the primary Contractor for the construction of the Car Wash for Enterprise Holdings. 19. The construction took place near the Harrisburg International Airport located in Dauphin County, Pennsylvania. 20. The construction was for commercial purposes to be used by Enterprise Holdings rental car company for the service of their corporate vehicles among other uses (the"Project"). 21. The Defendants, as a Contractor, entered into a contract with Plaintiff, as a Subcontractor, by verbal, electronic writings and normal trade practice communication. 22. Plaintiff began working with Defendants on various projects beginning on or about June 2012, see Exhibit 2. 23. Unlike past dealings with Defendants, Plaintiff was asked to take construction management for the Project from another of Defendant's subcontractor because the Project was over budget, and Defendants needed Plaintiffs expertise in trying to contain costs, and limit the loss of profit and expense. 24. Plaintiff is an expert in construction management and building. 25. Plaintiff accepted the pre-construction management work for $4,000 on or about June 2012. 4 26. Plaintiff received a payment of $2,500 toward these pre construction management services late 2012. 27. Plaintiff was also tasked with providing coordination of the utility work to be completed on this Project. 28. These tasks were memorialized in a change order submitted to Defendants by Plaintiff, see Exhibit 3. 29. Defendants at no time stopped Plaintiff from working on the Project. 30. Defendants' President, Thomas Flynn, communicated an acceptance to Plaintiff to do the HIA utility work by stating, subject: "HIA utilities" and continued with "Counting on u to knock them off cheap as possible. Good day today I was beat." See Exhibit 4. 31. Subcontractor Plaintiff continually sent Contractor Defendants updates and invoices regarding projects and this Project, in July and August of 2012. 32. Plaintiff continued in August and September of 2012 in providing utility work and pre- construction management to ensure the Defendants complied with regulations, codes and to push to keep the Project on schedule, See Exhibit 5. 33. At no time did Defendants stop Plaintiff from continuing his work on construction management and utility work at the Project. Defendants on October 5, 2012 confirmed and ordered Plaintiff to "jump on these today" which Plaintiff responded to with an update to all projects including the HIA Project. See Exhibit 6. 34. On October 26, 2012, Plaintiff submitted invoices regarding certain work related to utilities at the Project. See Exhibit 7. 5 35. On or about January 17, 2013 Plaintiff completed his utility work for Defendants. In the normal course of business a final invoice was submitted to Defendants on January 31, 2013 in the amount of$9,900, as of this date Defendants have not paid Plaintiff for the work he has completed regarding the utility change order. See Exhibit 8. 36. On or about January 31 2013, Plaintiff in the normal course of business submitted his final invoice for construction management services in the amount of $4,000, which indicated that Defendants had paid $2,500 toward these services and that $1,500 remained outstanding. See Exhibit 9. COUNT I VIOLATION OF THE CONTRACTOR SUBCONTRACTOR PAYMENT 37. The averments of paragraph 1 through 36 are incorporated herein by reference as if set forth in full. 38. Defendant and Plaintiff entered into a contractual relationship via verbal, written and normal trade practices. 39. Between June 2012 and January 17, 2013, Plaintiff as the subcontractor performed his obligation under contract for the improvement and construction of commercial property. 40. To date Defendants as the contractor have failed to make payments that are due to Plaintiff for services rendered on behalf of Defendants. 41. Plaintiff completed the work that Defendants requested and Defendants never halted Plaintiff's work. 42. Plaintiff properly invoiced Defendants in the amount of$11,400 for services rendered. 6 43. Under 73 P.S. §§507, 505 (d) of the Contractor Subcontractor Payment Act Plaintiff is entitled to a 1% interest when a Contractor does not pay the Subcontractor. Defendants owe interest in the additional amount of$114 dollars extra a month from the time Plaintiff was to have received payment. As of the date of this Complaint, interest has accumulated to $684. 44. Under 73 P.S. §512 (a) Subcontractor is entitled to a penalty of 1% calculated on the amount due from Contractor. Defendants owe a penalty in the additional amount of$114 to Plaintiff. 45. Under 73 P.S. §512 (b), a Subcontractor is entitled to all attorney fees and court costs if Subcontractor prevails against Contractor. Plaintiff is due all its' attorney fees, court costs and fees to be paid by Defendants. As of July 25, 2013 Attorney fees equal $2,200, court cost equal $103.50. 46. Attorney fees, interest and court cost, sheriff services, shall continue to accrue until this action is settled or after a verdict is rendered and judgment is enforced. WHEREFORE, Plaintiffs respectfully request the Honorable Court enter judgment for Plaintiffs in the amount of$ 14,501.50 plus the mandatory attorney fees, court cost and fees, and interest that will accrued during the course of this litigation and any other relief as the court deems just and proper and against the Defendants, the Flynn Group, INC., Flynn Group, LLC, Realty Management Incorporated and Realty Management Associates, LLC and hold these entities joint and severally liable. 7 COUNT II ACT BREACH OF CONTRACT (Plead in the Alternative) 47. The averments in paragraphs 1-46 are incorporated herein by reference as if set forth in full. 48. Plaintiff and Defendants entered into a contract on or about June 2012. 49. The contract between the parties was for the Plaintiff to provide Defendant with pre construction management services, and utility work via a change order. 50. Plaintiff provided the contracted services to Defendants between June 2012 and January 17, 2013. 51. Plaintiff submitted appropriate invoices for the work performed in the amount of $13,900. 52. Defendant as of this Complaint, have only paid $2,500 toward the satisfaction of a legal debt. WHEREFORE, Plaintiffs respectfully request the Honorable Court enter judgment for Plaintiffs in the amount of $11,400 plus interest that will accrued during the course of this litigation and any other relief as the court deems just and proper, and against the Defendants, the Flynn Group, INC., Flynn Group, LLC, Realty Management Incorporated and Realty Management Associates, LLC and hold these entities joint and severally liable. COUNT III UNJUST ENRICHMENT (Plead in the Alternative) 8 53. The averments in paragraphs 1-52 are incorporated herein by reference as if set forth in full. 54. Plaintiff conferred upon the Defendants benefits between June 2012 and January 17, 2013. 55. Plaintiff provided this benefit for the Defendants' Project. 56. Defendants received the benefits and at no time stopped Plaintiff from conferring the benefits to Defendants, thus Defendants appreciated the benefits. 57. Defendants Project benefits included keeping the Project from sustaining excessive debt from the construction management services provided by Plaintiff and for the utility work provided by Plaintiff. 58. Defendants retain the benefits for the Project. 59. It would be inequitable for Defendants to retain the benefits without payment of value to Plaintiff. 60. Based on fair market value the services performed equal $11,400. WHEREFORE, Plaintiffs respectfully request the Honorable Court enter judgment for Plaintiffs in the amount of$11,400 and any other relief as the court deems just and proper and against the Defendants. COUNT IV PROMISSORY ESTOPPEL (Plead in the Alternative) 61. The averments in paragraphs 1-60 are incorporated herein by reference as if set forth in full. 9 62. Defendants, the promisors, made a promise that Defendants should have reasonably expected would induce action on the part of the Plaintiff. 63. Plaintiff relied upon Defendants promises to pay based on actions of the Defendants, and Plaintiff believed he would be paid for the services Plaintiff rendered. 64. Plaintiff would not have provided services if Plaintiff believed it would not be paid. 65. It is an injustice for Plaintiff not to be paid for the work he 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 Plaintiff in the amount of $11,400 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: J/1/y z 6 2x);_) Stone,Duncan & Linsen:ac•, P.C. 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 10 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. 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. DATE: Z/2(Pt S 3 By: Aj/ „-Oir_ ` 1 i hael Goffredo '' 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:J�Iy .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 �... �. . y 1a L i tn. 1 pennsytvania Corporations Online Services I Corporations I Forms I Contact Corporations 1 Business Services Search Business Entity Filing History By Business Name Date:7/25/2013 (Select the link above to view the Business By Business Entity ID Entity's Filing History) Verify Verify Certification Ovine Orders Business Name History Register for Online Orders Order Good Standing Name Name Type Order Certified Documents FLYNN GROUP,INCORPORATED Current Name Order Business List My Images Search to.Images Business Corporation-Domestic-Information Entity Number: 1563638 Status: Active Entity Creation Date: 4/25/1990 State of Business.: PA Registered Office Address: 4 LEMOYNE DR LEMOYNE PA 17043-0 Cumberland Mailing Address: No Address Officers Name: THOMAS J FLYNN Title: President Address: 1707 S CAMERON ST HARRISBURG PA 17104-22 Name: THOMAS J FLYNN Title: Treasurer Address: 1707 S CAMERON ST HARRISBURG PA 17104-22 Copyright©2002 Pennsylvania Department of State.All Rights Reserved. Pnvacy Policy I Security Policy https://www.corporations.state.pa.us/corp/soskb/Corp.asp?882219 7/25/2013 *ray � Tr f �( I$q• t� A � pennsytvania'fi Corporations Online Services I Corporations I Forms I Contact Corporations I Business Services Search Business Entity Filing History By Business Name Date:7/25/2013 (Select the link above to view the Business By Business Entity ID Entity's Filing History) Verify Verity Certification Online Orders Business Name History Register for Online Orders Order Good Standing Name Name Type Order Certified Documents Flynn Group,LLC Current Name Order Business List My Images Search for Images Limited Liability Company-Domestic Information Entity Number: 3978127 Status: Active 9/7/2010 /' Entity Creation Date: State of Business.: PA [ . Registered Office Address: 5006 E Trindle Road Suite 203 j� / /i f/ Mechanicsburg PA 17050 /1 (l Cumberland Mailing Address: No Address Copyright®2002 Pennsylvania Department of State.All Rights Reserved. Privacy Polity I Security Policy 7/25/2013 https://www.corporations.state.pa.us/corp/soskb/Corp.asp?2885646 isusiiiess .nail y rage .1. u1 i , - ipe— ti _-risy::,-' Iya,'isiii,,a-,,,, ,,7,:f7,41!;.:1.1.t:;:tilt.:!.,ve...,e:,.., ::„\.,i,., ,,,,,,,,4;,s.,,,,,:,. , ,..I;',,,,::4.,,,,,,11--,, '14,7,44iiier..,„,:kft,;;;,,,,,,,o,.°,,,,,,,o..--1::::„;:pky 11110.0.0ry Otitc:, Ir. ...iiif , . . pennsytvania r Corporations Online Services I Corporations I Forms I Contact Corporations I Business Services • Search Business Entity Filing History By Business Name Date:7/25/2013 (Select the link above to view the Business By Business Entity ID Entity's Filing History) Verify Verify Certification Online Orders Business Name History Register for Online Orders Order Good Standing Name Name Type Order Certified Documents REALTY MANAGEMENT ASSOCIATES,LLC Current Name Order Business List My Images Search for Images Limited Liability Company-Domestic-Information Entity Number: 3979393 Status: Active Entity Creation Date: 9/14/2010 State of Business.: PA Registered Office Address: 5006 E Trindle Rd Suite 203 Mechanicsburg PA 17050 Cumberland Mailing Address: No Address Copyright©2002 Pennsylvania Department of State.All Rights Reserved. Privacy Policy I Security Policy 7/25/2013 https://www.corporations.state.pa.us/corp/soskb/Corp.asp?2887924 t q arrw+ t irv °e: '4' •'!''oTE,E pennsytvanla T'! Corporations Online Services I Corporations I Forms I Contact Corporations I Business Services Search Business Entity Filing History By Business Name Date:7/25/2013 (Select the link above to view the Business By Business Entity ID Entity's Filing History) Verify _ Verity Certification Online Orders Business Name History Register for Online Orders Order Good Standing Name Name Type Order Certified Documents REALTY MANAGEMENT INCORPORATED Current Name Order Business List My images Searrth for Images Business Corporation-Domestic-Information Entity Number: 1047710 Status: Active Entity Creation Date: 8/5/1988 State of Business.: PA Registered Office Address: 2837 N FRONT ST STE 101 HARRISBURG PA 17110-0 Dauphin Mailing Address: No Address Officers Name: THOMAS J FLYNN Title: President Address: 5010 E TRINDLE RD MECHANICSBURG PA 17050-3631 Name: THOMAS J FLYNN Title: Secretary Address: 5010 E TRINDLE RD MECHANICSBURG PA 17050-3631 Name: THOMAS J FLYNN Title: Treasurer Address: 5010 E TRINDLE RD MECHANICSBURG PA 17050-3631 Name: THOMAS J FLYNN Title: Vice President Address: 5010 E TRINDLE RD MECHANICSBURG PA 17050-3631 Copyright©2002 Pennsylvania Department of State.All Rights Reserved. Privacy Policy I Security Policy https://www.corporations.state.pa.us/corp/soskb/Corp.asp?788702 7/25/2013 EXHIBIT 2 Mike Goffredo r' )prom: Mike Goffredo <mikeg©msgainc.com> Sent: Thursday,June 07,2012 4:44 PM To: Tom Flynn Subject: RE: EHI Harrisburg quote Tom, It is not unusual to have the MEP contractor make the final connections—as long as the equipment provides a clear • termination point.Once final connections are made the vendor should then be able to start and demonstrate the operation of the equipment. Let me know if you want me to participate in the call with Victor. Thanks, MG Michael Goffredo, President Mr A S S O C I A T E S * Construction Services Group 545 E.West St.,P.O.Box 265 I Wind Gap, PA 18091 1 610.863.2000 1 Cell 484.239.3518 \ from: Victor Sanchez [mailto:victorsOnswash.com] Sent:Thursday,June 07, 2012 4:34 PM To: 'Tom Flynn' Cc: 'Robert F Coakley'; 'ANDERSON Kevin'; 'GOFFREDO Mike' Subject: RE: EHI Harrisburg quote Let me know what time tomorrow? Remember that I'm on PST so anytime after 11 your time is good. From:Tom Flynn [mailto:tflvnnOflynngroup.com] Sent:Thursday,June 07, 2012 12:11 PM To: Victor Sanchez Cc: Robert F Coakley; ANDERSON Kevin; GOFFREDO Mike Subject: Re: EHI Harrisburg quote Victor we should set up a conference call with Rob with following issues: In protecting Rob's interests no other contractor should touch any of your Equiptment for the obvious reason if something doesn't work right,comes to site damaged, mal functions early in the use,connected differently then your intentions and so on. Can you give me so e times to have this phone conversation with Rob,you and I? Thanks. Ti HynnGroup.com Mobile Device Please excuse the shortness due to using mobile device 1 Mike Goffredo i Tom: Kip Fedetz <kfedetz @gmail.com> on behalf of Kip Fedetz <kfedetz @fmaarch.com> Tom: Saturday,June 09,2012 11:34 AM To: 'Tom Flynn' Cc: 'Sarah Maisano'; 'GOFFREDO Mike' Subject: RE: Project Status Report Tom, If the Twp.takes as long as it does around here it probably won't be til June 29. Bloomsburg is a 3rd party that had an ap that was 12 pages long. Stroud Twp: seems a little better. Hope that helps. KIP From:Tom Flynn [mailto:tflynnOflynngroup.com] Sent; Friday,June 08, 2012 11:49 PM To: KFedetzAFMAARCH.com Cc: Sarah Maisano; GOFFREDO Mike Subject: Re: Project Status Report Hi Kip, When do you think the permit date is for Stroudsburg and Bloomcburg?Just your guess? )lynnGroup.corn Mobile Device Please excuse the shortness due to using mobile device On Jun 8,2012, at 10:20 AM, "Kip Fedetz" <kfedetz @fmaarch.com>wrote: Latest Update- 6-7-12 Tom, Allentown N. 13th St. -contractor picked up permit. Lancaster-permit ready except for sewer authority issue. The sewer auth.has the final dwgs. and should issue a letter any day now. Then the permit can be issued. Hbg. Airport Car Wash-permit picked up as far as I know. May 2 sent to the Airport Auth. I called David Spaulding and his office said he is still reviewing them, but will call me on Fri.with the status. Stroudsburg-passed thru Planning Comm. and Zoning Hearing about the Special Exception. The architecturals have been reviewed by Rob. The permit dwgs. will be ready to submit for permit on Tues. June 12 . 1 Bloomsburg- The architecturals and MPE were sent for permit on Thur. June 6 . I will update this report every 2 weeks for you. KIP • 2 Mike Goffredo From: Kevin Anderson <AndersonGroup @kw.com> Sent: Monday,July 09, 2012 9:14 PM To: mikeg @msgainc.com Subject: Enterprise car wash Harrisburg HIA It was good meeting you today and I appreciate your offer to assist in reviewing subs scope of work etc. Look forward to working with you on this project. Kevin V. Anderson, CRB Keller Williams of Central PA 4242 Carlisle Pike Camp Hill PA 17011 tel. 717-761-4300 cell 717-439-7715 fax. 717-790-0113 andersongroup(cr�kw.com ft KELLER WILLIAMS Tf you do not wish to receive future emails, please click the link to Unsubscribe: Unsubscribe. 1 EXHIBIT 3 Mike Goffredo -rom: Mike Goffredo <mikeg @msgainc.com> Sent: Sunday, July 15, 2012 5:49 PM To: 'jody@flynngroup.com' Subject: Enterprise Invoices Attachments: RMI -Allentown INVOICE 5729-01 071612.pdf; RMI -INVOICE 5754-01- Bburg 071612.pdf;INVOICE RMI 57HI-01071612.pdf; RMI-WPort INVOICE 57xx-01 071612.pdf;INVOICE RMI 5724-01. 071612.pdf Tracking: Recipient Read Jody @flynngroup.com' Read:7/15/2012 6:02 PM Jody, I have attached several invoices for the various Enterprise Holdings projects. They include: • Allentown 5729 $ 650.00 • Bloomsburg 5754 $1,509.88 • Harrisburg Airport 57HI $1,820.00 Pending Utility C.O. • Stroud Township 5724 $ 634.48 • Williamsport 57xx $5,395.00 Note that the HIA billing is specifically marked for the pending Utility Change Order. These billings go back to the start of my activities in June through the end of last week. We will bill weekly or bi-weekly in the future. Trusting that you will find the detail adequate for your accounting purposes. Please feel free to contact me with any questions or comments Best regards, Mike Michael Goffredo, President MSGIjA S S O C I A T E S • Construction Services Group 545 E.West St., P.O.Box 265 I Wind Gap, PA 18091 I 610.863.2000 I Cell 484.239.3518 1 MSGIA A S S O C I A T E S INVOICE CONSTRUCTION SERVICES GROUP INVOICE NUMBER 545 E.West Street•Wind Gap,PA•18091 57H1-01 July 16, 2012 Realty Management Inc. PROJECT: Enterprise Holdings Inc. -57HI 5006 Trindle Road Harrisburg International Airport Mechanicsburg, PA 17050 Middletown, PA UTILITY COST CHANGEORDER HOURLY CONSTRUCTION CONSULTING SERVICES& EXPENSES Coordination of Project Utility Services DATE DESCRIPTION HOURS RATE TOTAL 07/09/12 Site visit.Travel to HIA. Initial review of utility issues. 8.00 $ 130.00 $ 1,040.00 Meet with SARAA representatives: Dave Spaulding & Michael Yingling. Contact Steve Downs-SARAA Sanitary Sewer&Water. Contact MetEd. Contact UGI. Review documents, 07/13/12 Meet with Contractors at site. Investigate routing of 6.00 $ 130.00 $ 780.00 Sanitary Sewer lines around existing tanks and other underground facilities. Contact EHI for Met Ed filing info. Enter service application with Met Ed. THIS INVOICE TOTAL $ 1,820.00 PROJECT SUMMARY: Previous Billings $ - Current Invoice $ 1,820.00 Project Total $ 1,820.00 • Mike Goffredo Som: Mike Goffredo <mikeg @msgainc.com> ent: Sunday,July 15,2012 5:57 PM To: 'Tom Flynn' Cc: 'Georgia' Subject: HIA- Utility Construction- PRIORITY Importance: High Tracking: Recipient Read 'Tom Flynn' Read:7/28/2012 7:43 PM 'Georgia' Tom— There is one very important item that we did not have a chance to talk about on Friday. That is the need to determine the layout of the gasoline holding tanks and related underground power and control wiring to the equipment there. It appears that there will be a very tight condition where the Sanitary line crosses that area. If we cannot determine the placement of the tanks-with some degree of accuracy—it might require the relocation of the lines beyond the retaining walls. That poses a potential conflict with the existing water lines that parallel the street. We need to ask Rob if that information is available. Also are there any photos of the installation that would help )s identify potential conflicts. Call me at your convenience to discuss further. Thanks, MG Michael Goffredo,President ■ ASSOClA't S.• Construction Services Group 545 E.West St.,P.O.Box 265 I Wind Gap,PA 18091 1 610.863.2000 I Cell 484.239.3518 i EXHIBIT 4 Mike Goffredo From: Tom Flynn <tflynn @flynngroup.com> Sent: Tuesday,July 10, 2012 2:06 AM To: GOFFREDO Mike Cc: Georgia Subject: HIA utilities Mike. Counting on u to knock them off cheap as possible. Good day today I was beat. Sent from my iPhone= EXHIBIT 5 Mike Goffredo :rom: Mike Goffredo <mikeg @msgainc.com> Sent: Monday, August 06, 2012 1:45 PM To: 'Torn Flynn' Cc: 'Georgia Liddell' Subject: Business Matters Tom, We have had numerous conversations about where things stand with our business relationship. Lately there has been some stress related to moving forward. I have noted in many of our last communications that there might be uncertainty on your part that appears to leave me in a vacuum. During the last two months I have taken on every mission that was asked of me—the trusting soul that I am. The recent revelation that all of my efforts to date may be tied (I'm not really sure where this is) to the ultimate resolution of the Lehigh Street matters with Quandel has me absolutely befuddled. Before we talk about where things are going I should give you a general snapshot of where various project matters are today. There are currently have seven EHI files on my desk. Here they are with a very brief description of the tasks that I have performed for each: 1. Williamsport a. Coordinated construction details with Architect. b. Solicited and secured local contractor pricing. c. Several site visits to meet and coordinate bidders. d. Completed Building Permit Applications and secured Permits. e. Coordinated start of construction activities with Westhafer Construction. Status: Contracts not signed with EHI. No construction started. Understanding of Business Terms: No predetermined value— hourly rate for services. Billings to date: $5,395 through 7/16/12. 2. Allentown a. Visited site several times by request to report on & document construction progress. Status: Work still in progress. No visits planned unless requested. Understanding of Business Terms: No predetermined value— hourly rate for services. Billings to date: $650 through 7/16/12. 3. Harrisburg Airport a. Coordinate new Utility Services with providers for project. b. Met with Airport Authority Engineering and Property representatives. c. Requested to coordinate subcontractor solicitation and final pricing, d. Coordinate start of construction activities. Status: Work ready to start. MEP pricing by 8/7/12. Waiting for direction on award of site and concrete trades. Understanding of Business Terms: Utility Services — Hourly rates expensed to pending Change Order. Coordination of pricing, subcontract awards, and other pre-construction matters. Hourly rate not to exceed $4,000. Billings to date: $1,820 through 7/16/12. —only Utility C.O. work billed. 4. Bloomsburg a. Visit site to review project scope and conditions. b. Solicit and secured local contractor pricing. 1 Mike Goffredo .om: Tom Flynn <tflynn @flynngroup.com> Sent: Sunday, August 05, 2012 1:11 PM To: Mike Goffredo; Georgia Liddell Cc: Earl Fearnbaugh Subject: RE: Start date for construction - RMI - Enterprise Hi Mike, I am coming up for some air. Thought last week and wore me out. Nevertheless, please define the two understanding we have to date which was a fee-based understanding between you and me to put in writing per my request. Remember detail is the key to our success. I have a meeting at 4pm which I need the 2 projects we have an understanding and what your job description is in your eyes.This is a completely new world for you and somewhat for us and therefore need to keep documented. Agree? One contract was like 2k+and another project was 4+contract which both need to be prepared and executed so Georgia knows who is doing what. Let us stop this frustration crap we had this week. Right this moment we are covered for couple of days to regroup which is not a lot. Hope you had a chance to broaden the letter on the pros and cons on Lehigh. Thanks 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 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 ave received this email in error, please notify us by telephone or email and delete the entire email and any printed diformation obtained through this email.Thank you. Original Message 1 Mike Goffredo .:rom: Georgia Liddell <Georgia @flynngroup.com> Sent: Monday, August 13, 2012 2:55 PM To: Mike Goffredo Subject: FW: FW: Enterprise Hburg Foundation steffy concrete - revised proposal Attachments: Car wash Proposal 8-13-12.pdf; Car wash Exhibit A 6-22-12.pdf Hi Mike, Here it is. Contact information below Kurt Schweitzer Steffy Concrete Inc. Estimator/Project Mgr. o - 717-336-8115 c - 717-278-0642 From: Kurt Schweitzer [mailto:kurt.schweitzer @steffyconcrete.com] Sent: Monday, August 13, 2012 12:53 PM To: Georgia Liddell Subject: Re: FW: Enterprise Hburg Foundation Georgia, Please see the attached revised Proposal and Exhibit A for your use Thanks, Kurt On Mon, Aug 13, 2012 at 10:05 AM, Georgia Liddell <Georgia(c flynngroup.com>wrote: 1 Mike Goffredo :rom: Mike Goffredo <mikeg @msgainc.com> Sent: Monday, August 13, 2012 3:44 PM To: 'kurt.schweitzer @steffyconcrete.com' Cc: 'Georgia Liddell'; 'Kevin Anderson'; 'Tom Flynn' Subject: Flynn Group: Enterprise - HIA- Revised Concrete Proposal Attachments: 1,000 gal tank detail.pdf Kurt, Pleasure speaking with you. As noted, I have reviewed your Proposal on behalf of the Flynn Group. We would ask you to review and price a couple of potential cost-saving changes to the scope of work. They are: 1. Eliminate the frost walls that shown to extend to 48" below grade at the exterior aprons and landings. At each of those locations substitute a 24"turn-down along the perimeters of the slab. Maintain the reinforcing detail shown at the edge of slab using only a spliced or one-piece "L" bar at the perimeter. The concrete pour can be monolithic. 2. Is there a savings if the cast-in-place Reclamation Tank can be replaced with a pre-cast tank similar to one from Monarch Precast ? A copy of that product information is attached. 3. Item 16 of Exhibit "A" which is part of your Proposal identifies the "Installation of Misc. Metals". Does that include installation of the nine (9) steel bollards that are shown on the drawings? 4. Item 16 of Exhibit "A" includes the grouting of base plates. The structural columns will be set on the top of pier without a base plate. Can you provide a credit for the elimination of that task? 5. Please confirm that you are not installing the perimeter insulation that is shown. If not—can you provide a price for that work. These should be the last questions necessary to define the scope of work and final contract price for the project. Please call me—the cell phone listed below is best—with any questions or comments. Your assistance in these regards is sincerely appreciated. Best regards, 7 %fie Goffredo Michael Goffredo, President MSG A S S O C ! AT E S s Construction Management 545 E.West St., P.O. Box 265 I Wind Gap,PA 18091 610.863.2000 I Cell 484.239.3518 1 Mike Goffredo rom: Georgia Liddell <Georgia @flynngroup.com> Sent: Tuesday, August 14, 2012 10:45 AM To: Mike Goffredo Subject: Rose, Steffy and Woldf AIA's -working drafts Attachments: A401-2007 -Working Draft - 002.docx;A401-2007 -Working Draft - 003.docx; A401-2007 - Working Draft-004.docx Hi Mike, Here are my working drafts.. . . .and boy, are they rough! I didn't know how to price Rose because there were a few alternate choices. Anyway, call me when you get the time to tweak these with me so I can get them done. I think you are still waiting to see if Steffy is going to lower their bid. . . Let me know if you need copies of the proposals. I think you already have copies of them. Obviously, I am confused Thanks for your help! Georgia O 1 Mike Goffredo .rom: Mike Goffredo <mikeg @msgainc.com> Sent: Tuesday,August 14, 2012 2:41 PM To: 'Tom Flynn'; 'Kevin Anderson' Cc: 'Georgia Liddell'; 'Earl Fernbaugh' Subject: FW: Flynn Group: Enterprise - HIA - Revised Concrete Proposal Attachments: Car wash Proposal 8-14-12.pdf Hi All, Here is a revised proposal that includes a complete scope of work. For$1,400—the credit offered—it is not worth trying to do the Reclamation Tank in precast. The only other consideration is who would provide the perimeter and under apron insulation. Buy-out calculations: BASE BID: $47,100 DEDUCT—Grouting of base plates ($ 500) DEDUCT—Frost Wall Change ($ 1,200) ADD—Bollard Installation $ 1,800 TOTAL W/O INSULATION $47,200 PROPOSED BUY-OUT$$$ $45,000 Call me with questions. Michael Goffredo, President MSG A 5 5 0 C 1 A T E 5 a Construction Management 545 E.West St., P.O.Box 265 I Wind Gap,PA 18091 1 610.863.2000(Cell 484.239.3518 From: Kurt Schweitzer [mailto:kurt.schweitzer@@steffyconcrete.com] Sent: Tuesday, August 14, 2012 6:44 AM To: Mike Goffredo Subject: Re: Flynn Group: Enterprise - HIA - Revised Concrete Proposal Mike, See the attached proposal. It includes the additional cost to provide 2" insulation under the exterior pads. Note that I have included only 2' of horizontal insulation under the slab. Wall section 2/A4.0 shows additional under heated slabs? Is this slab heated? Give me a call when you can @ 717-336-8115 or cell at 717-278-0642 Please disregard the previous proposal from this morning. Thanks, Kurt On Tue, Aug 14, 2012 at 6:26 AM, Kurt Schweitzer<kurt.schweitzer@steffvconcrete.com>wrote: 1 Mike Goffredo From: Georgia Liddell <Georgia @flynngroup.com> Sent: Thursday, August 16, 2012 5:34 PM To: Mike Goffredo Subject: RE: HIA - List of Project Drawings. Thanks again, Mike,for all your help.Just talked to Tom and updated him. He said he was going to call you after he spoke with Steve. Georgia From: Mike Goffredo [mailto:mikeg@ msgainc.com] Sent: Thursday, August 16, 2012 5:14 PM To: Georgia Liddell Subject: HIA- List of Project Drawings. Georgia, These can be inserted at the very end of the AIA Document— 16.1.4.2 Other Documents Michael Goffredo, President A S S O C I A T E S * Construction Management 545 E.West St., P.O. Box 265 I Wind Gap,PA 18091 I 610.863.2000 I Cell 484.239.3518 1 Mike Goffredo From: Mike Goffredo <mikeg @msgainc.com> Sent: Monday,August 20, 2012 5:19 PM To: 'Georgia Liddell'; 'Torn Flynn' Subject: Enterprise - HIA- Pricing from Boyer Attachments: RE: Enterprise - HIA 57HI; RE: Enterprise - HIA 57HI; RE: Enterprise - HIA 57HI; RE: Enterprise - HIA 57HI Georgia, Here is most of the Boyer communications with both the Plumbing& HVAC prices attached. I am in the process of completing the Bid Analysis for both Boyer and RMR. MG Michael Goffredo, President MSGI A 5 5 0 C 1 A T E S s Construction Management 545 E.West St., P.O.Box 265 I Wind Gap, PA 18091 1 610.863.2000 I Cell 484.239.3518 1 Mike Goffredo 'rom: Mike Goffredo <mikeg @msgainc.com> Sent: Wednesday,August 22, 2012 6:26 PM To: 'phubler @firstenergycorp.com' Subject: RE: DR No. 326430343 - Enterprise Holdings Inc. - Harrisburg International Airport Attachments: MetEd LOAD SHEET- Enterprise HIA.pdf Pollyanne, Here is the Load Sheet that you requested previously. Sorry for the delay in providing this information. I can also forward this in the WORD format if necessary. Please call me directly with any questions or comments. Thanks, Mike Goffredo Michael Goffredo, President MSG • A s s o c i ATE s ■ Construction Management 545 E.West St.,P.O. Box 265 I Wind Gap,PA 18091 1 610.863.2000 I Cell 484.239.3518 -rom: phublerfirstenergycorp.com [mailto:phubler@afirstenerqycorp.com] Sent: Thursday, July 19, 2012 8:57 AM To: Mike Goffredo Subject: Re: DR No. 326430343 - Enterprise Holdings Inc. - Harrisburg International Airport Good Morning Mike, Thank you for the information. I do appreciate. Attached below is a load sheet that we ask to be filled out for any new loads. Would you please fill this out and send it back to me? Also, a designer will be contacting you to discuss the job further and they may also need to set up a site visit, etc. Thank you, ,aoe44auce 'JJi€en 4-maid 7/61.449er Met Ed, A First Energy Company phublerCc�firstenergycorp.com '00 S. 5th Ave Lebanon Pa 17042 Office: 717-270-4460 Fax: 330-315-9152 1 and confidential use of the recipient(s)named above. If the reader of this message is not the intended recipient or an agent responsible for delivering it to the intended recipient, you are hereby notified that you have received this document in error and that any review, dissemination, distribution, or copying of this message is strictly )rohibited. If you have received this communication in error,please notify us immediately, and delete the original message. 3 Met-Ed AfiirsfEnergy ComPany Load Sheet - Commercial / Industrial Projects JOB NUMBER 326430343 Date: August 15,2012 Customer/Project Name: PENNRAC I Enterprise Holdings Inc.—New Car Wash Facility Service Address: Airport Drive—Adiacent to Building 25Town: Middletown Zip: 17057 Prepared By: Michael Goffredo—Construction Manager Revision Date(if changes): Type of Business: Car Rental—Car Wash Facility Building Sq Ft: 3,000 Please Check: X New Service OR Upgrade X Permanent OR Temporary Underground OR X Overhead Service Size(amps): 200 (3) Phase (circle one) Desired Voltage: 277/480 Desired In-Service Date: October 15, 2012 Nearest Met-Ed Pole or Pad#: 28028-31623 Target Date for Costs&Contract Information: September 15,2012 or ASAP Electrician: Mark Frese Electric Phone#: 717-326-2729 Engineer: Liberty Engineering—Allentown, PA Phone#: 484-223-1761 Architect/Other: Fedetz Martin Associates—Allentown, PA Phone#: 610-432-9924 If part of Development, Development Name: Harrisburg International Airport Lot# Load Type Description Existing Load New Summer Load New Winter Load Hours Used/mo Air Conditioning,including kW kW kW Hours Chiller/compressor,fans,pumps,etc. Lighting KW 3.7 kW 3.7 kW 200 Hours ipace Heating,including heating kW kW 3.6 kW 480 Hours elements,fans,pumps,etc. Water Heating kW kW kW Hours Motors(If greater than 25HP see below) HP 50 HP 50 HP 200_Hours 1 HP=0.746 kW Welding/Induction Fumace kW kW kW Hours (provide detail below) Refrigeration(1 Ton Refg=1 kW) kW kW kW Hours Cooking Equipment kW kW kW Hours Miscellaneous: kW kW kW Hours Office Equipment/Other kW kW kW Hours (List type in comments) COMMENTS: The Total Connected Load for this project is 142 A. Motor Data: If largest motor is 25 HP or greater please provide the following Starting KVA of motor or motor code letter: Number of starts per day: If Primary metered, Customer Transformer Size in KVA: Customer Transformer%Z: Welder Data: Please provide the following data; if multiple welders, please use separate page for additional data Number of Welders: Nominal KVA: Max Inrush KVA: Weld Duration in Cycles: Weld Frequency in Welds per Hour: There may be costs for this project. Please provide information for mailing the invoice: Name: Robert F.Coaklev,Operations Manager Email: robert.f.coaklevAehi.com Company: PENNRAC—Enterprise Holdings Inc. Phone: 717-265-4883 Cell kddress: 2625 Market Place City: Harrisburg State: PA Zip: 17110 The foregoing is correct and accurate (signature): lifichaelgoffredo , Construction Manager Fax Completed Load Sheet to Customer Support at Met-Ed Fax: (330) 245-5708 Mike Goffredo rom: Mike Goffredo <mikeg @msgainc.com> Sent: Monday, August 27, 2012 1:35 PM To: 'Coakley, Robert F' Subject: FW: HIA Car Wash Attachments: Application - Pre Application UGI.doc; Swart ley, Kimberly.vcf Rob, Here is the UGI information and a recent email string with all of the previous players. I will send the plot plan today. Michael Goffredo, President Construction Management 545 E.West St., P.O. Box 265 I Wind Gap, PA 18091 1 610.863.2000 I Cell 484.239.3518 Original Message From: Kimberly Swart ley [mailto:KSwartlev@ugi.com] Sent: Friday,August 24,2012 3:40 PM To: Mike Goffredo Subject: RE: HIA Car Wash Hi Mike, ist got back from a few days out of the office and wanted to reply to your request for gas service. Could you please email me a plot plan showing the new building and your requested meter location? Do you have the street address for building 25 that you referred to?Or an account number on the bill? Are you requesting elevated pressure at the meter? we normally supply 7"wc at the meter and if you need 2 PSI there is a $200 fee for that. Once I have received the plan I can meet someone on site to go over all the trenching details. Are you the site contact for this job? if not let me know who to contact. I am also attaching an application that needs filled out and returned to me. Thanks Kim Kimberly Swartley New Business Representative UGI Utilities 1301 AIP Drive Middletown, PA 17057 Ph 717-255-4362 Fax 255-4320 kswartley@ugi.com >>> Michael Nicodemus 8/23/2012 11:37 AM >>> Mike The project will go through Kim Swartley in our office, she will be able to oversee the installation of your service and 'nswer any questions. I copied her on this email. Thanks, 1 enneth J.Stoltz Project Leader- Key Accounts UGI Utilities Inc. 1301 AIP Dr. Middletown, Pa. 17057 717.255.4363 Office 717.255.4320 Fax kstoltz @ugi.com This e-mail is intended for the use of the recipient(s) named above.This message may not be distributed by an intended recipient without the express written authorization of the sender.This message may be an attorney-client communication and as such privileged and confidential. If you are not an intended recipient you may not review copy or distribute this message. If you have received this communication in error please notify us immediately by e-mail and delete the original message and destroy all copies. ❑❑ This e-mail is intended for the use of the recipient(s) named above.This message may not be distributed by an intended recipient without the express written authorization of the sender.This message may be an attorney-client communication and as such privileged and confidential. If you are not an intended recipient you may not review copy or distribute this message. If you have received this communication in error please notify us immediately by e-mail and delete the original message and destroy all copies. • 3 Mike Goffredo 'rom: Mike Goffredo <mikeg @msgainc.com> cent: Tuesday,August 28, 2012 1:32 PM To: 'Coakley, Robert F' Cc: 'Earl Fernbaugh'; 'Tom Flynn' Subject: RE: HIA Drawing Rob, I just spoke with Polyanne Hubler, the Customer Service Rep at Met Ed, regarding the service. She has all of the load data entered and it has been turned over to Engineering. Will call me back later today with the name of the person handling the project in Design/Engineering. Also, I have called Steve Landis with Liberty Engineering to determine if they had any preliminary information from MECO that 277/480V power was available at the location. His response was this; 1) He sent load data to MECO by fax on 5/1/12—did not receive a response.2) Made an assumption that the configuration was available given the airport operation—but did not confirm. 3)The electrical system design was based on information provided by the equipment manufacturer and the most efficient service size and fusing. (Again— assuming that 480V was available)4) IF....The service were designed at 208V it would include an 800A Main and 400A subfeeds to the motor control center. When I receive the call from Met Ed I will contact you immediately. If there is not a response by 4:00 this afternoon I will call her back. Let me know if there are any other questions. Thanks, Mike Michael Goffredo, President MSG A S S O C 1 A T $ S • Construction Management 545 E.West St.,P.O.Box 265 I Wind Gap, PA 18091 1 610.863.2000 I Cell 484.239.3518 From: Coakley, Robert F [mailto:Robert.F.Coakley @ehi.com] Sent: Tuesday, August 28, 2012 10:27 AM To: Mike Goffredo Subject: RE: HIA Drawing Mike, I have not ordered the equipment just yet...It will be ordered today or tomorrow. I am checking to see if the equipment is a multi tap electrical motors, or ordered for the service. I was down at the site today Earl said the electrician had a concern about the electrical service to the site. The current location is 208 HE was not sure if the electric company can get 480 to the new building....Do you know if that is true.... Rob . :_ °H°LONGS. Mike Goffredo From: marnold @firstenergycorp.com Sent: Wednesday, September 05, 2012 2:58 PM To: Mike Goffredo Subject: RE: Enterprise/National Car Rental - Harrisburg International Airport Attachments: Untitled attachment 00261 jpg; Untitled attachment 00264 jpg Good afternoon Mike, I just made a site visit this afternoon and saw that we can set a pole about 40' east of the existing transformer pole#28028-31623 and install a 3 phase 277/480 volt bank on it. You would then have to run an underground service about 150'of trench length and an additional 40' up the pole to tie in with our transformers to give you the voltage you need. From: "Mike Goffredo"<mike1 msgainc.com> To: <marnoldesgpu.com> Cc: "'Coakley,Robert F"'<Robert.F.Coaklevt ehi.com>,"'Tom Flynn"'<tflynn(a flynngroup.com>,"'Georgia Liddell"<Georgia(cilflvnngrouo.com>,"'Earl Fernbaugh"'<Earl aaflynngroup.com> Date: 09/04/2012 03:35 PM Subject: RE:Enterprise/National Car Rental-Harrisburg International Airport Mike, )o you have any update regarding confirmation of availability for a 277/480V service at this location?Your assistance in this regard will allow the Project Owner to release the equipment order and is sincerely appreciated. Thanks, Mike Michael Goffredo,President MSG s ASSOCIATES . Construction Management 545 E.West St., P.O. Box 265 I Wind Gap, PA 18091 1 610.863.2000 I Cell 484.239.3518 From: Mike Goffredo [mailto:mikeg msgainc.com] Sent: Thursday, August 30, 2012 6:24 PM To: 'marnold @gpu.com' Cc: 'Coakley, Robert F'; 'Tom Flynn'; 'Georgia Liddell'; 'Earl Fernbaugh' Subject: Enterprise/National Car Rental - Harrisburg International Airport August 30, 2012 Mike Arnold,Design Engineer marnold @gpu.com Met Ed Re: Met Ed Job No.326430343 New Car Wash Facility 1 Mike Goffredo From: Georgia Liddell <Georgia @flynngroup.com> Sent: Wednesday, September 05, 2012 4:06 PM To: Mike Goffredo Subject: Re: Fwd: Enterprise/National Car Rental - Harrisburg International Airport Thanks Mike! I'm sure you made Rob very happy!!! Georgia Liddell Executive Assistant to Tom Flynn Flynn Group 5006 East Trindle Road Suite 100 Mechanicsburg, PA 17050 (717) 790-0110 (717)790-0113 FAX Mike Goffredo<mikeg @msgainc.com>wrote: sent from my iPhone Begin forwarded message: From: Mike Goffredo<mikeg @msgainc.com> Date:September 5, 2012 3:35:07 PM EDT To: "marnold @firstenergycorp.com"<marnold @firstenergycorp.com> Subject: Re: Enterprise/National Car Rental-Harrisburg International Airport Mike, Thanks.That's what we will plan on doing. If the new ME pole is 40 ft east of the existing that should leave a secondary distance of less than 120 feet.Can an additional pole be provided at the new building for an aerial service? In any case I will advise Enterprise that the 277/480 service is available.Thanks for your assistance. Best regards, MG Sent from my iPhone On Sep 5, 2012, at 2:57 PM, marnold @firstenergycorp.com wrote: 1 Mike Goffredo `from: Tom Flynn <tflynn @flynngroup.com> Sent: Friday, September 07, 2012 10:37 AM To: Mike Goffredo Cc: Robert F Coakley; Georgia Liddell Subject: Re: Enterprise/National Car Rental - Harrisburg International Airport Mike, Talk at 11:30. Use my cell Thanks. And then I will discuss results with Rob among other things FlynnGroup.com Mobile Device Please excuse the shortness due to using mobile device On Sep 6, 2012, at 1:14 PM, "Mike Goffredo" <mikeg a)msgainc.com> wrote: Rob/Tom, It's We should have a discussion about the pros/cons/costs of bringing the secondary run to the building underground. Mike Sent from my iPhone Begin forwarded message: From: marnold(jfirstenergycorp.com Date: September 6, 2012 8:10:04 AM EDT To: Mike Goffredo <mikeg@msgainc.com> Subject: Re: Enterprise/National Car Rental- Harrisburg International Airport We would have to set a pole in the middle of the parking lot to get close enough to provide an overhead service. With a 3 phase overhead service we can only run a length of about 45'without putting a guy wire on the pole. From: Mike Goffredo<mikedamsgainc.com> To: "marnold firstenergycorp.com"<marnoldAfirstenergvcorp.com> Date: 09/05/2012 03:35 PM Subject: Re:Enterprise/National Car Rental-Harrisburg International Airport Mike, i Mike Goffredo nom: Mike Goffredo <mikeg @msgainc.com> went: Monday, September 17, 2012 5:11 PM To: Tom Flynn Cc: 'Georgia Liddell' (Georgia @flynngroup.com) Subject: EHI - Updates for Monday 9/17/12 Tom, Here are a few items for discussion and project status updates: Stroudsburg: • Met at site with Premium Builder's foreman. • Delivered to Premium the Building Permits and Approval Drawings.Copies will be sent to the office. • Work has started with interior demolition underway. Dumpster on site. • Questions about utility re-connections and meter changes: o Electric—Service is currently energized. Meter needs to be changed to PENNRAC. Do I need to address? o Gas—Service is shut off but meter is in place. Meter needs to be changed to PENNRAC. Do I need to address? o Water-Service is shut off and there is NO meter in place. Meter needs to be changed to PENNRAC. Do I need to address?Will need water soon for saw-cutting. • Sent you a picture of the incoming water service. It comes in ABOVE GRADE!!! It is wrapped with insulation and heat tape—very poor installation. • The front parking area is pretty bad.You might want to ask Rob if he wants us to price an overlay in that small area. We are to install a HC parking stall and the striping that is required for it. Pretty poor surface to have at the front of the store. • Any news on the re-roofing by the Landlord? • Did you have a chance to talk with Rob to resolve the final Contract amount? Williamsport: • Spoke with Bob Waldman this morning.They want to start the outside work—cleaning and painting. I called Rick Quigley and cleared that with him. No problem! Started the work this afternoon. • Talked with Rick Quigley about flooring in back offices. He thought that Enterprise was taking care of that.Told him that we would get something in those rooms that matches what they have now. (It's cheap stuff!) Directed Hannan to get 2 pieces of carpet and install them.Will bill us for material ($250-$300)only. • Electrical Inspection was made by Township and all drywall work is complete. Finishing, painting, and all work in the Quigley area should be complete by the end of this week. HIA: • Working on list of extras that we spoke about. Need to pick up$26K-$28K • Learned that we cannot use a concrete tank for oil/water separator.Currently only offered in steel or fiberglass. Boyer re-pricing. • Spoke with Overhead Door subs about control options. Should have answers tomorrow. Need to order the doors ASAP. • Did you have a chance to talk with Rob about the Electrical service options. If we are going with the underground service need to get rough-in before slabs are poured. • UGI—gas service: Boyer and Wolf are getting prices for saw-cutting, excavation,and restoration. Best approach still T&M. • Sanitary Sewer(to rear of building)—no returned calls yet from Airport Authority. EXHIBIT 6 Mike Goffredo From: Mike Goffredo <mikeg @msgainc.com> Sent: Friday, October 05, 2012 5:01 PM To: 'Tom Flynn'; 'Georgia Liddell' Subject: RE: high importance for today Importance: High SEE COMMENTS BELOW Michael Goffredo, President MSGa A s s a c I A T E s a Construction Management 545 E.West St., P.O.Box 265 I Wind Gap, PA 18091 1 610.863.2000 I Cell 484.239.3518 From: Tom Flynn [mailto:tflvnn @flynngrouo.com] Sent: Friday, October 05, 2012 4:21 PM To: Mike Goffredo; Georgia Liddell Subject: high importance for today Mike, Please jump on these today !! Call me with outcome 1. I gave you both your check and the MET ED check....You were looking into getting the METED check hand delivered or you would send it out) Call in to MetEd Scheduler—no response yet. Sent email—1:30 today—to M.Arnold and others. 2. HIA. You are going to follow up on the sewer line with Scott Snoke from the airport( I talked to him yesterday, he seem to be ok with us trying to go over top of the 18 inch line.) He also want a time frame on the gas line crossing the road. He said he needs to complete a mark out of his stuff) ..He said he would meet on site....So just call him....1 will be on site on Monday morning from 8 till noon Rob's conversation with Scott(he's only been there for 2 weeks now)will help.With Earl back on Monday we might be able to get the water lines marked. If necessary I will be out there Monday to meet and get this damn thing resolved -once and for all. 4. Williamsport....let me know when I need to order the carpet...Also when should I plan the data guys....I need a week lead time with them Williamsport: • Contractor is completing demo and should start the interior framing early next week. I would schedule phone I data rough-in for the week of the 15`". Will confirm that with you by mid- week. • Once all of the framing and ceiling grid is place there should be a window for delivery of the carpet materials. A tentative date looks like the week of the 22"d. Again,will confirm that next week. 5. Stroudsburg.....Two things...Zoning info for sign's...Mike said he would have it later today....Need to know what I have to work with on the site...I need to send that info to corp ASAP...I would like to send it today(well tonight after golf)....Also I need to get the estimate for cleaning the line and the new connection to the city sewer line. Zoning Officer off this afternoon —again! Will be off on Monday. See email sent to Zoning Officer requesting information. 1 EXHIBIT 7 Mike Goffredo 'prom: Mike Goffredo <mikeg @msgainc.com> Dent: Friday, October 26, 2012 4:23 PM To: 'Georgia Liddell' Cc: 'Tom Flynn' Subject: RE:Three wolf invoices Georgia, These are Time & Material billings for Utility Related Work. A summary of each is: 1. Install storm water piping for downspouts to existing catch basins. -$1,658.00 (I didn't realize that we were planning to do this!) This is the total for this work and it should be part of the Utility Change Order. 2. Excavation for the water line installation. -$2,026.93 There will also be a related bill for the tap and piping work from Boyer. 3. Excavation and backfill for the gas line installation. -$2,218.50 This work includes pavement patching but that may not be the permanent restoration. Let me know if you have additional questions. Michael Goffredo, President M41 B Q C 1 A T E S If Construction Management 545 E.West St., P.O. Box 265 I Wind Gap, PA 18091 1 610.863.2000 I Cell 484.239.3518 From: Georgia Liddell [mailto:Georgia@aflynngroup.com] Sent: Friday, October 26, 2012 10:15 AM To: Mike Goffredo Cc: Tom Flynn Subject: Three wolf invoices Mike, Please look at these invoices and tell me what they are?? Is this a change order?? I am so confused at this point. 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 mail: georgic c2t1vnngroup.com 1 EXHIBIT 8 A S S O C I A T E S E ivisG INVOICE CONSTRUCTION SERVICES GROUP INVOICE NUMBER 545 E.West Street•Wind Gap,PA• 18091 57HI-01 January 31, 2013 Realty Management Inc. PROJECT: Enterprise Holdings Inc. -57HI 5006 Trindle Road Harrisburg International Airport Mechanicsburg, PA 17050 Middletown, PA UTILITY COST CHANGEORDER Coordination of Project Utility Services HOURLY CONSTRUCTION CONSULTING SERVICES & EXPENSES DATE DESCRIPTION HOURS RATE TOTAL 07/09/12 Site visit. Travel to HIA. Initial review of utility issues. 8.00 $ 110.00 $ 880.00 Meet with SARAA representatives: Dave Spaulding & Michael Yingling. Contact Steve Downs-SARAA Sanitary Sewer&Water. Contact MetEd. Contact UGI. Review documents, 07/13/12 Meet with Contractors at site. Investigate routing of 6.00 $ 110.00 $ 660.00 Sanitary Sewer lines around existing tanks and other underground facilities. Contact EHI for Met Ed filing info. Enter service application with Met Ed. 07/15/12 Review sanitary details. Gas tank conflict. Emails TJF 1.50 $ 110.00 $ 165.00 07/16/12 Communications with MetEd - Hubler, Spalding-UGI 1.50 $ 110.00 $ 165.00 07/17/12 Emails to UGI -Stoltz. Review heating loads 1.50 $ 110.00 $ 165.00 07/18/12 Telcon &emails with UGI -Stoltz/ Nicodemus 1.50 $ 110.00 $ 165.00 07/19/12 MetEd -email- review Load Sheet 1.00 $ 110.00 $ 110.00 07/20/12 Telcon -email Craig Marshall-excavator. Utility pricing 2.50 $ 110.00 $ 275.00 Telcons-email David Spaulding, PreCon meeting. 07/23/12 UGI - Nocodemus- Pre-Application 1.50 $ 110.00 $ 165.00 07/24/12 Review DEP 30 page report from RC 2.00 $ 110.00 $ 220.00 07/27/12 Travel to HIA- PreCon Meeting. Site visit. 7.00 $ 110.00 $ 770.00 08/02/12 Building/Utility layout changes. Telcon &emails with CE. 3.50 $ 110.00 $ 385.00 Telcon-emails Scott Snyder-Boyer sanitary pricing. 08/03/12 Telcon -email Snyder/Boyer- Drawings/Details 2.00 $ 110.00 $ 220.00 08/07/12 Review Boyer proposals for site utilities. Emails to Snyder 1.50 $ 110.00 $ 165.00 08/08/12 Review Boyer revised pricing. Review Wolf utility pricing. 2.00 $ 110.00 $ 220.00 08/22/12 Review load calcs. Telcon with Mech Engineer. Prepare 6.00 $ 110.00 $ 660.00 MetEd Load Sheet. Email to Hubler. Email to UGI - 08/24/12 UGI - Kim Swartly emails-ticon 1.00 $ 110.00 $ 110.00 08/27/12 UGI -emails to Rcoakley. Start application info. Drawings 3.00 $ 110.00 $ 330.00 to UGI-Swartley. Respond to service questions. 08/28/12 MetEd - Review voltage issues with R Coakley. Telcon 3.50 $ 110.00 $ 385.00 with Hubler. Respond to RC -emails. Utility scope for 08/29/12 UGI -Swart ly-location response 1.00 $ 110.00 $ 110.00 08/30/12 MetEd -Telcon w/Mike Arnold. Correspondence to 2.50 $ 110.00 $ 275.00 08/31/12 Email UGI -Swartley 0.50 $ 110.00 $ 55.00 09/04/12 MetEd -Arnold followup 0.50 $ 110.00 $ 55.00 09/05/12 MetEd -Arnold email. Telcon to Frese. 1.00 $ 110.00 $ 110.00 09/06/12 MetEd -Arnold email. Comm with Coakley& Flynn 1.00 $ 110.00 $ 110.00 09/21/12 Boyer- Review revised oil/water separator. Telcon 1.50 $ 110.00 $ 165.00 w/SARAA regarding change. 09/25/12 Prepare Cost Estimate for Utilities. Emails to TF 3.00 $ 110.00 $ 330.00 09/26/12 Telcon w/R Coakley-MetEd. Message to MetEd-Arnold 2.50 $ 110.00 $ 275.00 final decision to proceed with aerial service. 09/27/12 MetEd- review emails- respond. Forward final design 3.50 $ 110.00 $ 385.00 info to Mark Frese. UGI -Complete service application - send to Swartley. 10/05/12 MetEd -emails to M Arnold -payment. Progress updates. 0.50 $ 110.00 $ 55.00 10/18/12 Site visit-Water installation. Review Power layout. 6.50 $ 110.00 $ 715.00 10/25/12 Boyer CO for utility work 1.50 $ 110.00 $ 165.00 10/26/12 Frese CO for electrical service. Wolf invoices for CO. 2.00 $ 110.00 $ 220.00 Revise project budget. 11/27/12 Review utility change order costs. 2.00 $ 110.00 $ 220.00 01/17/13 Complete compilation of Change Order costs&fee to GL. 4.00 $ 110.00 $ 440.00 THIS INVOICE TOTAL $ 9,900.00 PROJECT SUMMARY: Previous Billings $ - Current Invoice $ 9,900.00 Project Total $ 9,900.00 EXHIBIT 9 A S S O C I A T E S msG INVOICE• CONSTRUCTION SERVICES GROUP INVOICE NUMBER 545 E.West Street•Wind Gap,PA 18091 57H1-02 January 31, 2013 Realty Management Inc. PROJECT: Enterprise Holdings Inc. -57HI 5006 Trindle Road Harrisburg International Airport Mechanicsburg, PA 17050 Middletown, PA TRADE BUY-OUT& COORDINATION CONSTRUCTION CONSULTING SERVICES & EXPENSES DATE DESCRIPTION TOTAL 06/15/12 Construction Management Services related to the final solicitation $ 4,000.00 and procurement of all trade contracts necessary to complete the project, assist with subcontract preparation, trade coordination, and other project related activities. Services provided from 06/15/2012 through 01/17/2013. Basis of Contract of Lump Sum. Total amount$4,000.00 THIS INVOICE TOTAL $ 4,000.00 Previous Billings $ (2,500.00) Invoice Balance $ 1,500.00 SHERIFF'S OFFICE OF CUMBERLAND COUNTY , Ronny R Anderson ? ` , Sheriff Jody S Smith Chief Deputy . , , Richard W Stewart GiFv E OF Solicitor ;r-=, MSG Associates, Inc. Case Number vs. Flynn Group, Inc. (et al.) 2013-3934 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: 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 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 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. TIM BLACK, 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 Management Inc. at 5006 East Trindle Road Suite 100, Hampden Township, Mechanicsburg, PA 17050. Pte- y''L TIM BLACK, DEPUTY SHERIFF COST: $87.76 SO ANSWERS, August 01, 2013 RbNW R ANDERSON, SHERIFF (c)CountySuile Sheriff,Teleosoft.Inc. MICHAEL GOFFREDO, and : IN THE COURT OF COMMON PLEAS M.S.G.ASSOCIATES,INC., : CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff V. CD FLYNN GROUP,INC.,FLYNN GROUP, NO.2013-3934 -o--- LLC,REALTY MANAGEMENT INC., And REALTY MANAGEMENT cv ASSOCIATES,LLC, Defendants CIVIL ACTION-LAW :1C C' 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:-16/2-3 113 �E� L w Office eter J. Russo,P.C. Peter J. Russo, Esquire PA Supreme Court ID 72897 )OPaul 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. 2013-3934 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:;D?erek Date: v M. S auer, Paralega M.S.G. ASSOCIATES,INC., : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA V. FLYNN GROUP,INC.,FLYNN GROUP, : NO.2013-3934 LLC,REALTY MANAGEMENT INC., f And REALTY MANAGEMENT ? —' ASSOCIATES,LLC, s ' Defendants CIVIL ACTION—LAW NOTICE TO PLEAD C- To:_ Alina M. Dusharm, Esquire co 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. Respectfull Sub itted, BY: Law Officelooeter J. Russo, P.C. 5006 East Trindle Rd, Suite 203 Mechanicsburg, PA 17050 Peter J. Russo, Esquire Supreme Court No. 72897 OPaul D. Edger, Esquire Supreme Court No. 3 12713 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 M.S.G.ASSOCIATES,INC., : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA V. FLYNN GROUP,INC.,FLYNN GROUP, : NO. 2013-3934 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-92-2013. 3. Plaintiff's complaint purports claims for Violation of the Contractor Subcontractor Payment, Breach of Contract, Unjust Enrichment, 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 allegation 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 to 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 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 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(1). 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 22. Defendants herein incorporate their averments contained in Paragraph 1 — 21 as set forth above. 23. "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. 24. Flynn Group, LLC is a Pennsylvania limited liability corporation with a registered place of business of 5006 E. Trindle Road, Mechanicsburg, Pennsylvania 17050. 25. Flynn Group, Inc. is a Pennsylvania corporation with a registered place of business of 4 Lemoyne Street, Lemoyne, Pennsylvania 17043. 26. Flynn Group, LLC and Flynn Group, Inc. are two separate and distinct Pennsylvania corporations. 27. Realty Management, Inc. is a Pennsylvania corporation with a registered place of business of 2837 North Front Street, Suite 101, Harrisburg, Pennsylvania 17110. 28. 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. 29. "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). 30. Plaintiff has improperly named Flynn Group, Inc., Flynn Group, LLC, and Realty Management Associates, LLC as parties to this suit, as those three (3) Defendants have no connection with this current matter. 31. In 2012, Realty Management, Inc. (hereinafter referred to as "RMI") received a contract to build a car wash for Enterprise Rent-a-Car located in Harrisburg, near the Harrisburg International Airport. 32. The contract to build the car wash was between Harrisburg Enterprise Holdings and Realty Management, Inc. 33. All work completed on the Harrisburg job, as well as any contact Plaintiff may have had concerning the Harrisburg project was completed through Realty Management, Inc. 34. The only interaction Flynn Group had with Plaintiff was through Thomas Flynn's emails to Plaintiff, wherein his signature listed his title through Flynn Group. 35. Thomas Flynn, President of Flynn Group and Realty Management, Inc. does not have a separate email for RMI, and sends and receives all emails through his email at Flynn Group while doing business as Realty Management, Inc. 36. Mr. Flynn's use of the Flynn Group email is insufficient to bind Flynn Group, Inc. and/or Flynn Group, LLC as a party to this suit, and Plaintiff is unable to provide any evidence to the contrary. 37. Plaintiff has provided no evidence of any relationship with Flynn Group, LLC, Flynn Group, Inc. and Realty Management Associates, LLC. 38. Plaintiffs 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. 39. Plaintiffs own exhibits show merely an interaction between RMI and Plaintiff, no documents reflect Flynn Group in any document, other than the email addresses, as explained previously. 40. All statements and invoices in which the Plaintiff submitted to the Defendants was addressed solely to Realty Management, Inc., and no other parties, including those in which Plaintiff has named in this suit. 41. Due to Flynn Group, LLC, 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, LLC, Flynn Group, Inc. and Realty Management Associates, Inc. have no standing to be sued in the current matter, and Plaintiff has improperly named them as Defendants. 42. 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. 43. 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, Defendants 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: R� P . Russo quire PA Supreme Court ID: 72897 IaPaul 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: as Flynn, President Realty Management, Inc. And on behalf of Flynn Group, Inc.; Flynn Group, LLC, and Realty Management Associates, Inc. M.S.G. ASSOCIATES,INC., : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA V. FLYNN GROUP,INC.,FLYNN GROUP, : NO. 2013-3934 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 l M. Stro hauer, alegal 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) M.S.G. Associates, Inc. vs. Flynn Group, Inc et&l `Tmmds FIHnn No. 2013-3934 Civil Term Qta 1- li "agempA j TkL 1. St to matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Defendant's Preliminary Objections c"3 m 2. Identify all counsel who will argue cases: t*i C= (a) for plaintiffs: can p CJ. Alina Dusharm -� (Name and Address) y 8 N. Baltimore Street, Dillsburg, PA 17019 v°cz (b) for defendants: ' Paul D. Edger, Esquire (Name and Address) 5006 E. Trindle Road, Suite 203 Mechanicsburg, PA 17050 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 Si 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. awe L'� s -� agy��y ,x M.S.G.ASSOCIATES,INC., : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA V. FLYNN GROUP,INC.,FLYNN GROUP, : NO. 2013-3934 LLC,REALTY MANAGEMENT INC., : And REALTY MANAGEMENT ASSOCIATES,LLC, Defendants CIVIL ACTION—LAW VHE PROTHONIOTARY 13 AIM 11' CUMBERLAND COUNTY pENNSyLVANIA COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA M.S.G. Associates, Inc, Plaintiff V. CIVIL ACTION - LAW Flynn Group, LLC, and NO. 2013-3934 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 M COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA M.S.G. Associates, Inc, Plaintiff V. CIVIL ACTION - LAW Flynn Group, LLC, and NO. 2013-3934 Realty Management, Inc. Defendants, COMPLAINT AND NOW comes the Plaintiff, M.S.G. Associates, INC., who files this instant action against Defendants, Flynn Group, LLC, Realty Management, Incorporated, of which the following is a statement: IDENTITY OF THE PARTIES 1. Plaintiff, M.S.G. Associates, Inc., is a registered Pennsylvania corporation. 2. Plaintiff, M.S.G. Associates, Inc.'s, principal place of business is 6695 Sullivan Trail, Suite 201, Wind Gap, Pennsylvania 18091. 3. Defendant, Flynn Group, LLC, is a registered Pennsylvania limited liability company. 4. Defendant, Flynn Group, LLC's, registered office address is: 5006 E. Trindle Road, Suite 203, Mechanicsburg, PA 17053. 5. Defendant, Realty Management Incorporated, is a registered Pennsylvania corporation. 6. Defendant, Realty Management Incorporated, registered office address is 2837 N. Front Street, Ste 101, Harrisburg, Pennsylvania 17110, and from websites their principal place of business is 5006 E. Trindle Road, Suite 203, Mechanicsburg, PA 17053. 2 7. Michael Goffredo is President of M.S.G. Associates,Inc. 8. Thomas Flynn is President of the Flynn Group, LLC, and Realty Management Incorporated. FACTS 9. The averments in paragraphs 1-8 are incorporated herein by reference as if set forth in full. 10. Plaintiff and Defendants are both Pennsylvania business entities. 11. Defendants corporate headquarters reside in Cumberland County Pennsylvania, see Exhibit 1. 12. Beginning around June of 2012, Plaintiff entered into a business contract with Defendants regarding providing services and labor in the construction of a car wash for Enterprise Holdings, Inc. ("EHI"), a rental car company. 13. Defendants were the primary Contractor for the construction of the Car Wash for EHI. 14. The construction took place near the Harrisburg International Airport located in Dauphin County, Pennsylvania. 15. The construction was for commercial purposes, and used by EHI for the service of their corporate vehicles among other uses (the "Project"). 16. The Defendants, as a Contractor, entered into a contract with Plaintiff, as a Subcontractor, by verbal, electronic writings and normal trade practice communication. 17. Plaintiff began working with Defendants on various projects beginning on or about June 2012, see Exhibit 2. 18. Unlike past dealings with Defendants, Plaintiff was asked to take construction management for the Project from another of Defendant's subcontractor because the 3 Project was over budget, and Defendants needed Plaintiff's expertise in trying to contain costs, and limit the loss of profit and expense. 19. Plaintiff is an expert in construction management and building. 20. Plaintiff accepted the pre-construction management work for $4,000 on or about June 2012. 21. Plaintiff received a payment of $2,500 toward these pre construction management services late 2012. 22. In July 2012, Plaintiff was also requested to provide construction management services related to the coordination of the utility services portion of the project. This included the communication and planning with various public and private utility providers for water, sanitary sewer, natural gas, and electric facilities to serve the proposed building. 23. Plaintiff was advised that all work related to the utility services was not included in the original scope of work intended by the Agreement between EHI and Defendants. Plaintiff was further advised that all costs billed to Defendants were considered additional work authorized by EHL 24. Plaintiff completed all communications, meetings with utility company representatives, site planning, reviews of project requirements, applications, coordination of installations, and all other tasks necessary to bring the various utility services to the project. 25. Plaintiff then provided all cost information for Defendant to prepare a Request for Change Order to EHL 26. These tasks were memorialized in a change order submitted to Defendants by Plaintiff, see Exhibit 3. 4 27. Defendants' President, Thomas Flynn, communicated an acceptance to Plaintiff to do the HIA utility work by stating, subject: "HIA utilities" and continued with "Counting on u to knock them off cheap as possible. Good day today I was beat." See Exhibit 4. 28. Subcontractor Plaintiff continually sent Contractor Defendants updates and invoices regarding projects and this Project, in July and August of 2012. 29. Plaintiff continued in August and September of 2012 in providing utility work and pre- construction management to ensure the Defendants complied with regulations, codes and to push to keep the Project on schedule, See Exhibit 5. 30. At no time did Defendants stop Plaintiff from continuing his work on construction management and utility work at the Project. Instead, on October 5, 2012, Defendants confirmed and ordered Plaintiff to "jump on these today." Plaintiff responded to the request with an update to all projects including the HIA Project. See Exhibit 6. 31. On October 26, 2012, Plaintiff submitted invoices regarding certain work related to utilities at the Project. See Exhibit 7. 32. On or about January 17, 2013 Plaintiff completed his utility work for Defendants. In the normal course of business a final invoice was submitted to Defendants on January 31, 2013 in the amount of$9,900, as of this date Defendants have not paid Plaintiff for the work he has completed regarding the utility change order. See Exhibit 8. 33. On or about January 31 201.3, Plaintiff in the normal course of business submitted his final invoice for construction management services in the amount of $4,000, which indicated that Defendants had paid $2,500 toward these services and that $1,500 remained outstanding. See Exhibit 9. 5 COUNT VIOLATION OF THE CONTRACTOR SUBCONTRACTOR PAYMENT ACT 34. The averments of paragraph 1 through 33 are incorporated herein by reference as if set forth in full. 35. Defendant and Plaintiff entered into a contractual relationship via verbal, written and normal trade practices. 36. Between June 2012 and January 17, 2013, Plaintiff as the subcontractor performed his obligation under contract for the improvement and construction of commercial property. 37. To date Defendants as the contractor have failed to make payments that are due to Plaintiff for services rendered on behalf of Defendants. 38. Plaintiff completed the work that Defendants requested and Defendants never halted Plaintiff s work. 39. Plaintiff properly invoiced Defendants in the amount of$11,400 for services rendered. 40. Under 73 P.S. §§507, 505 (d) of the Contractor Subcontractor Payment Act Plaintiff is entitled to a I%interest when a Contractor does not pay the Subcontractor. Defendants owe interest in the additional amount of$114 dollars extra a month from the time Plaintiff was to have received payment. As of the date of this Complaint, interest has accumulated to $684. 41. Under 73 P.S. §512 (a) Subcontractor is entitled to a penalty of 1% calculated on the amount due from Contractor. Defendants owe a penalty in the additional amount of$114 to Plaintiff. 42. Under 73 P.S. §512 (b), a Subcontractor is entitled to all attorney fees and court costs if Subcontractor prevails against Contractor. Plaintiff is due all its' attorney fees, court costs 6 and fees to be paid by Defendants. As of July 25, 2013 Attorney fees equal $2,200, court cost equal $103.50. 43. Attorney fees, interest and court cost, sheriff services, shall continue to accrue until this action is settled or after a verdict is rendered and judgment is enforced, WHEREFORE, Plaintiffs respectfully request the Honorable Court enter judgment for Plaintiffs in the amount of$ 14,501.50 plus the mandatory attorney fees, court cost and fees, and interest that will accrued during the course of this litigation and any other relief as the court deems just and proper and against the Defendants, the Flynn Group, INC., Flynn Group, LLC, Realty Management Incorporated and Realty Management Associates, LLC and hold these entities joint and severally liable. COUNT 11 BREACH OF CONTRACT (Plead in the Alternative) 44. The averments in paragraphs 1-43 are incorporated herein by reference as if set forth in fall. 45. Plaintiff and Defendants entered into a contract on or about June 2012. 46. The contract between the parties was for the Plaintiff to provide Defendant with pre construction management services, and utility work via a change order. 47. Plaintiff provided the contracted services to Defendants between June 2012 and January 17, 2013. 48. Plaintiff submitted appropriate invoices for the work performed in the amount of $13,900. 7 49. Defendant as of this Complaint, have only paid $2,500 toward the satisfaction of a legal debt. WHEREFORE, Plaintiffs respectfully request the Honorable Court enter judgment for Plaintiffs in the amount of $11,400 plus interest that will accrued during the course of this litigation and any other relief as the court deems just and proper, and against the Defendants, the Flynn Group, INC., Flynn Group, LLC, Realty Management Incorporated and Realty Management Associates, LLC and hold these entities joint and severally liable. COUNT III UNJUST ENRICHMENT Plead in the Alternative) 50. The averments in paragraphs 1-49 are incorporated herein by reference as if set forth in full. 51. Plaintiff conferred upon the Defendants benefits between June 2012 and January 17, 2013. 52. Plaintiff provided this benefit for the Defendants' Project. 53. Defendants received the benefits and at no time stopped Plaintiff from conferring the benefits to Defendants,thus Defendants appreciated the benefits. 54. Defendants Project benefits included keeping the Project from sustaining excessive debt from the construction management services provided by Plaintiff and for the utility work provided by Plaintiff. 55. Defendants retain the benefits for the Project. 56. It would be inequitable for Defendants to retain the benefits without payment of value to Plaintiff. 8 57. Based on fair market value the services performed equal $11,400. WHEREFORE, Plaintiffs respectfully request the Honorable Court enter judgment for Plaintiffs in the amount of$11,400 and any other relief as the court deems just and proper and against the Defendants. COUNT IV PROMISSORY ESTOPPEL (Plead in the Alternative) 58. The averments in paragraphs 1-57 are incorporated herein by reference as if set forth in full. 59. Defendants, the promisors, made a promise that Defendants should have reasonably expected would induce action on the part of the Plaintiff. 60. Plaintiff relied upon Defendants promises to pay based on actions of the Defendants, and Plaintiff believed he would be paid for the services Plaintiff rendered. 61. Plaintiff would not have provided services if Plaintiff believed it would not be paid. 62. It is an injustice for Plaintiff not to be paid for the work he 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). 9 WHEREFORE, Plaintiffs respectfully request the Honorable Court enter judgment for Plaintiff in the amount of $11,400 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: (ot Stone, Duncan & Linsenbach, P.C. 0 Alina M. Dusharm, Esq. Attorney I.D. No.309861 8 North Baltimore Street Dillsburg, PA 17109 Ph: 717-432-2089 Fx: 717-432-0158 Attorney for Plaintiff 10 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. 1 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. 1, Michael Goflredo, hereby verify that the facts set forth in the aforesaid Complaint are made subject to the penalties ol']8 Pa.C.S. §4904 relating to unsworn falsification to authorities. UATF": liy: , Mica el GotIeP 11 CERTIFICATE OF SERVICE I, Alina M. Dusharm, Esq., 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: A/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 12 EXHIBIT 1 Business Entity Page 1 of 1 `' DL�EZ.AtDAtl' £'� .� - PA Corporations Online Services I Corporations Forms Contact Corporations i Business Services Search Business Entity Filing History By Business Name Date:7/25/2013 (Select the link above to view the Business By Business Entity ID Entity's Filing History) Verify Verify Certification Online Orders Business Name History Register for Online Orders Order Good Standing Name Name Type Order Certified DoCUments Flynn Group,LLC Current Name Order Business List My Images Search for images Limited Liability Company-Domestic-Information Entity Number: 3978127 Status: Active Entity Creation Date: 9/712010 State of Business.: PA ` , Registered Office Address: 5006 E Trindle Road Suite 203 ,'�� )� r7 9 Mechanicsburg PA 17050 Q Cumberland Mailing Address: No Address copyright®2002 Pennsylvania Department of State.All Rights Reserved. Privacy Policy I security Policy h4s://www.corporations.state.pa.us/corp/soskb/Corp.asp?2885646 7/25/2013 Business Entity Page 1 of 1 r a � ` e �sY at"Ut1M i° Corporations Online Services I Corporations Forms Contact Corporations i Business Services Search Business Entity Filing History By Business Name Date:7/25/2013 (Select the link above to view the Business By Business Entity ID Entity's Filing History) Verify Verify Certification Online Orders Business Name History Register for Online Orders Order Good Standing Name Name Type Order Certi`ied Documents REALTY MANAGEMENT INCORPORATED Current Name Order Business List My Images Search for Images Business Corporation-Domestic-Information Entity Number: 1047710 Status: Active Entity Creation Date: 8/5/1988 State of Business.: PA Registered Office Address: 2837 N FRONT ST / STE 101 HARRISBURG PA 17110-0 Dauphin Mailing Address: No Address Officers Name: THOMAS J FLYNN Title: President Address: 5010 E TRINDLE RD MECHANICSBURG PA 17050-3631 Name: THOMAS J FLYNN Title: Secretary Address: 5010 E TRINDLE RD MECHANICSBURG PA 17050-3631 Name: THOMAS J FLYNN Title: Treasurer Address: 5010 E TRINDLE RD MECHANICSBURG PA 17050-3631 Name: THOMAS J FLYNN Title: Vice President Address: 5010 E TRINDLE RD MECHANICSBURG PA 17050-3631 Copyright @ 2002 Pennsylvania Department of State.All Rights Reserved. Privacy Policy I Security Policy https://www.corporations.state.pa.us/corp/soskb/Corp.asp?788702 7/25/2013 EXHIBIT 2 Mike Goffredo (Irom: Mike Goffredo <mikeg@msgainc.com> Sent: Thursday,June 07, 2012 4:44 PM To: Tom Flynn Subject: RE:EHI Harrisburg quote Tom, It is not unusual to have the MEP contractor make the final connections—as long as the equipment provides a clear termination point.Once final connections are made the vendor should then be able to start and demonstrate the operation of the equipment. Let me know if you want me to participate in the call with Victor, Thanks, MG Michael Goffredo,President own%MA^ik_1*111. A ,9'9 0 C I AT a a 0 I Construction Services Group 545 E.West St.,P.O.Box 265 1 Wind Gap,PA 180911610.863.2000 Cell 484.239.3518 `prom:Victor Sanchez rLgailtowictors(�bgswash.coml `Sent:Thursday,June 07, 2012 4:34 PM To: Tom Flynn' Cc: 'Robert F Coakley; 'ANDERSON Kevin'; 'GOFFREDO,Mike Subject: RE: EHI Harrisburg quote Let me know what time tomorrow? Remember that I'm on PST so anytime after 11 your time is good. From:Tom Flynn [mailto:tflynn0flynngroup.com] Sent:Thursday,June 07,2012 12:11 PM To: Victor Sanchez Cc: Robert F Coakley;ANDERSON Kevin; GOFFREDO Mike Subject: Re: EHI Harrisburg quote Victor we should set up a conference call With Rob with following issues: In protecting Rob's interests no other contractor should touch any of your Equiptment for the obvious reason if something doesn't work right,comes to site damaged, mal functions early in the use,connected differently then your intentions and so on. Can you give me so e times to have this phone conversation with Rob,you and I? Thanks. TJ HynnGroup.com Mobile Device Please excuse the shortness due to using mobile device Mike Goffredo rom: Kip Fedetz <kfedetz @gmail.com> on behalf of Kip Fedetz <kfedetz @fmaarch,com> - ent: Saturday,June 09,201211:3.4 AM To: 'Tom Flynn' Cc: 'Sarah Maisano';'GOFFREDO Mike' Subject: RE: Project Status Report k° Tom, If the Twp. takes as long as it.does around here it probably won't be til June 29. Bloomsburg is a 3rd party that had an ap that was 12 pages long. Stroud Twp. seems a little better. Hope that helps. KIP From:Tom Flynn [mailto:tflynnCa�flynngroup.g ml Sent Friday,June 08, 2012 11:49 PM To: KFedetz@)FMAARCH.com Cc: Sarah Maisano; GOFFREDO Mike Subject: Re: Project Status Report Hi Kip, When do you think the permit date is for Stroudsburg and Bloomcburg?Just your guess ? �. .)1 nnGroup.com Mobile Device Please excuse the shortness due to using mobile device On Jun 8,2012,at 10:20 AM, "Kip Fedetz" <kfedetz(a fmaarch.com>wrote: Latest Update- 6-7-12 Tom, Allentown N. 13th St. -contractor picked up permit. Lancaster-permit ready except for sewer authority issue. The sewer auth.has the final dwgs. and should issue a letter any day now. Then the permit can be issued. Hbg. Airport Car Wash-permit picked up as far as I know. May 2 sent to the Airport Auth. I called David Spaulding and his office said he is still reviewing them,but will call me on Fri.with the status. Stroudsburg-passed thru Planning Comm. and Zoning Hearing about the Special Exception. The architecturals have been reviewed by Rob. The permit dwgs.will be ready to submit for permit on Tues. June 12 . i Bloomsburg- The architecturals and MPE were sent for permit on Thur. June 6 . I will update this report every 2 weeks for you. KIP i 1 i I 2 Mike Goffredo °'From: Kevin Anderson <AndersonGroup @kw.com> )Sent: Monday,July 09, 2012 9:14 PM To: mikeg @msgainc.com Subject: Enterprise car wash Harrisburg HIA It was good meeting you today and I appreciate your offer to assist in reviewing subs scope of work etc. Look forward to working with you on this project. Kevin V. Anderson, CRB Keller Williams of Central PA 4242 Carlisle Pike Camp Hill PA 17011 tel. 717-761-4300 cell 717-439-7715 fax. 717-790-0113 andersongroup(cD.kw.com K WIOWAMS;,. F A r. T Y ?f you do not wish to receive future emails, please click the link to Unsubscribe: Unsubscribe. i EXHIBIT 3 Mike Goffredo rom: Mike Goffredo <mikeg@msgainc.com> -Sent: Sunday,July 15, 2012 5:49 PM To: jody @flynngroup.com' Subject: Enterprise Invoices Attachments: RMI -Allentown INVOICE 5729-01 071612.pdf, RMI-INVOICE 5754-01- Bburg 071612.pdf,INVOICE RMI 57HI-01071612.pdf, RMI-WPort INVOICE 57XX-01 071612.pdf,INVOICE RMI 5724-01 071612.pdf Tracking: Recipient Read jody @flynngroup.com' Read:7/15/2012 6:02 PM Jody, I have attached several invoices for the various Enterprise Holdings projects. They include: • Allentown 5729 $ 650.00 • Bloomsburg 5754 $1,509.88 • Harrisburg Airport 57HI $1,820.00 Pending Utility C.O. • Stroud Township 5724 $ 634.48 • Williamsport 57xx $5,395.00 Note that the HIA billing is specifically marked for the pending Utility Change Order. (hese billings go back to the start of my activities in June through the end of last week. We will bill weekly or bi-weekly in the future. Trusting that you will find the detail adequate for your accounting purposes. Please feel free to contact me with any questions or comments Best regards, Mike Michael Goffredo, President M rZen L-r • A 9 S 0 C I A T E S • Construction Services Group 545 E.West St.,P.O. Box 265 1 Wind Gap, PA 18091 1 610.863.2000 1 Cell 484.239.3518 1 S INVOICE "all A S S 0 C I A T E S ■ CONSTRUCTION SERVICES GROUP INVOICE NUMBER 546 E.West Street-Wind Gap,PA-18091 57HI-01 July 16, 2012 Realty Management Inc. PROJECT: Enterprise Holdings Inc. -57HI 5006 Trindle Road Harrisburg International Airport Mechanicsburg, PA 17050 Middletown, PA UTILITY COST CHANGEORDER HOURLY CONSTRUCTION CONSULTING SERVICES&EXPENSES Coordination of Project Utility Services DATE DESCRIPTION HOURS RATE TOTAL 07109/12 Site visit.Travel to HIA. Initial review of utility issues. 8.00 $ 130.00 $ 1,040.00 Meet with SARAA representatives: Dave Spaulding& Michael Yingling, Contact Steve Downs-SARAA Sanitary Sewer&Water. Contact MetEd. Contact UGI. Review documents, 07/13/12 Meet with Contractors at site. Investigate routing of 6.00 $ 130.00 $ 780.00 Sanitary Sewer lines around existing tanks and other underground facilities. Contact EHI for Met Ed filing info. Enter service application with Met Ed. THIS INVOICE TOTAL $ 1,820.00 PROJECT SUMMARY: Previous Billings $ - Current Invoice $ 1,820.00 Project Total $ 1,820.00 Mike Goffredo om: Mike Goffredo <mikeg @msgainc.com> _- ent: Sunday,July 15,2012 5:57 PM To: 'Tom Flynn' Cc: 'Georgia' Subject: NIA- Utility Construction- PRIORITY Importance: High Tracking: Recipient Read 'Tom Flynn' Read:7/28/2012 7:43 PM 'Georgia' Tom— There is one very important item that we did not have a chance to talk about on Friday. That is the need to determine the layout of the gasoline holding tanks and related underground power and control wiring to the equipment there. It appears that there will be a very tight condition where the Sanitary line crosses that area. If we cannot determine the placement of the tanks-with some degree of accuracy—it might require the relocation of the lines beyond the retaining walls. That poses a potential conflict with the existing water lines that parallel the street. We need to ask Rob if that information is available.Also are there any photos of the installation that would help !` �s identify potential conflicts. Call me at your convenience to discuss further. Thanks, MG Michael Goffredo,President oil W 0 �C l qp�. Construction Services Group 545 B.West St.,P.O,Box 2651 Wind Gap,PA 18091 !610.863.2000 1 Cell 484.239.3518 t } 1 EXHIBIT 4 Mike Goff redo FFrom: Tom Flynn <tflynn @flynngroup.com> Sent: Tuesday,July 10, 2012 2:06 AM To: GOFFREDO Mike Cc: Georgia Subject: HIA utilities Mike. Counting on u to knock them off cheap as possible. Good day today I was beat. Sent from my iPhone= i 1 i EXHIBIT 5 Mike Goffredo \ rom: Mike Goffredo <mikeg @msgainc.com> Sent: Monday, August 06, 2012 1:45 PM To: 'Tom Flynn' Cc: 'Georgia Liddell' Subject: Business Matters Tom, We have had numerous conversations about where things stand with our business relationship. Lately there has been some stress related to moving forward. I have noted in many of our last communications that there might be uncertainty on your part that appears to leave me in a vacuum. During the last two months I have taken on every mission that was asked of me_the trusting soul that I am. The recent revelation that all of my efforts to date may be tied (I'm not really sure where this is) to the ultimate resolution of the Lehigh Street matters with Quandel has me absolutely befuddled. Before we talk about where things are going I should give you a general snapshot of where various project matters are today. There are currently have seven EHI files on my desk. Here they are with a very brief description of the tasks that I have performed for each: 1. Williamsport a. Coordinated construction details with Architect. b. Solicited and secured local contractor pricing. c. Several site visits to meet and coordinate bidders. d. Completed Building Permit Applications and secured Permits. e. Coordinated start of construction activities with Westhafer Construction. Status: Contracts not signed with EHI. No construction started. Understanding of Business Terms: No predetermined value— hourly rate for services. Billings to date: $5,395 through 7/16/12. 2. Allentown a. Visited site several times by request to report on & document construction progress. Status: Work still in progress. No visits planned unless requested. Understanding of Business Terms: No predetermined value — hourly rate for services. Billings to date: $650 through 7/16/12. 3. Harrisburg Airport a. Coordinate new Utility Services with providers for project. b. Met with Airport Authority Engineering and Property representatives. c. Requested to coordinate subcontractor solicitation and final pricing, d. Coordinate start of construction activities. Status: Work ready to start. MEP pricing by 8/7/12. Waiting for direction on award of site and concrete trades. Understanding of Business Terms: Utility Services— Hourly rates expensed to pending Change Order. Coordination of pricing, subcontract awards, and other pre-construction matters. Hourly rate not to exceed $4,000. Billings to date: $1,820 through 7/16/12. —only Utility C.O. work billed. 4. Bloomsburg a. Visit site to review project scope and conditions. b. Solicit and secured local contractor pricing. 1 Mike Goffredo �\lom: Tom Flynn <tflynn @flynngroup.com> Sent: Sunday,August 05, 2012 1:11 PM To: Mike Goffredo;Georgia Liddell Cc: Earl Fearnbaugh Subject: RE: Start date for construction - RMI - Enterprise Hi Mike, I am coming up for some air. Thought last week and wore me out. Nevertheless, please define the two understanding we have to date which was a fee-based understanding between you and me to put in writing per my request. Remember detail is the key to our success. I have a meeting at 4pm which I need the 2 projects we have an understanding and what your job description is in your eyes.This is a completely new world for you and somewhat for us and therefore need to keep documented. Agree? One contract was like 2k+and another project was 4+contract which both need to be prepared and executed so Georgia knows who is doing what. Let us stop this frustration crap we had this week. Right this moment we are covered for couple of days to regroup which is not a lot. Hope you had a chance to broaden the letter on the pros and cons on Lehigh. Thanks Thomas J. Flynn President Flynn Group 5006 East Trindle Road, Suite 203 Mechanicsburg, Pa 17050 Office (717)790-0110 Fax (717)790-0113 Cell (7.17) 648-5050 www.flynngroup.com 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 ave 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. -----Original Message----- 1 From: Mike Goffredo [mailto:mikeg @msgainc.com] Sent: Friday,August 03, 2012 3:52 PM To:Georgia Liddell Cc: Earl Fearnbaugh;Tom Flynn Subject: RE: Start date for construction-RMI-Enterprise Georgia, Thanks! Question tho..... who is going to start and what are they going to do other than the layout work?As mentioned yesterday we have no subs signed on. I'm still waiting to talk about the proposed direction of HIA and the other projects; Williamsport and Lancaster. Michael Goffredo, President Construction Management 545 E.West St., P.O. Box 265 1 Wind Gap, PA 18091 1 610.863.2000 Cell 484.239.3518 -----Original Message----- From: Georgia Liddell [mailto:Georgia @flynngroup.com] Sent: Friday,August 03,2012 3:50 PM To: Michael Yingling Cc: Mike GOFFREDO; Earl Fernbaugh;tflynn @flynngroup.com; robert.f.coaklev @ ehi.com Subject:Start date for construction-RMI-Enterprise Hi Mike, I wanted to let you know that we will be starting our construction on the Enterprise car wash at HIA on Wednesday, August 8th. I will also send you a completed list of all our subcontractors, hopefully by Tuesday,7th. I hope you can send me your preferred entry route directions before then so I can disseminate them to our subs. Thanks! Enjoy your weekend! Georgia Georgia Liddell Executive Assistant to Tom Flynn Flynn Group 5006 East Trindle Road Suite 100 Mechanicsburg, PA 17050 (717)790-0110 (717)790-0113 FAX 2 Mike Goffredo ?rom: Georgia Liddell <Georgia @flynngroup.com> Sent: Monday,August 13, 2012 2:55 PM To: Mike Goffredo Subject: FW: FW: Enterprise Hburg Foundation steffy concrete - revised proposal Attachments: Car wash Proposal 8-13-12.pdf, Car wash Exhibit A 6-22-12.pdf Hi Mike, Here it is. Contact information below. . . . . Kurt Schweitzer Steffy Concrete Inc. Estimator/Project Mgr. o - 717-336-8115 c - 717-278-0642 From: Kurt Schweitzer [mailto:kurt.schweitzer(5)steffyconcrete.com] Sent: Monday, August 13, 2012 12:53 PM To: Georgia Liddell Subject: Re: FW: Enterprise Hburg Foundation Georgia, Please see the attached revised Proposal and Exhibit A for your use Thanks, Kurt On Mon, Aug 13, 2012 at 10:05 AM, Georgia Liddell <Georgiakflvnngroup.com>wrote: i Mike Goffredo ,,,1 Mike Goffredo <mikeg @msgainc.com> Sent: Monday,August 13, 2012 3:44 PM To: 'kurt.schweitzer @steffyconcrete.com' Cc: 'Georgia Liddell'; 'Kevin Anderson'; 'Tom Flynn' Subject: Flynn Group: Enterprise - HIA- Revised Concrete Proposal Attachments: 1,000 gal tank detail.pdf Kurt, Pleasure speaking with you. As noted, I have reviewed your Proposal on behalf of the Flynn Group. We would ask you to review and price a couple of potential cost-saving changes to the scope of work. They are: 1. Eliminate the frost walls that shown to extend to 48" below grade at the exterior aprons and landings. At each of those locations substitute a 24"turn-down along the perimeters of the slab. Maintain the reinforcing detail shown at the edge of slab using only a spliced or one-piece "U bar at the perimeter. The concrete pour can be monolithic. 2. Is there a savings if the cast-in-place Reclamation Tank can be replaced with a pre-cast tank similar to one from Monarch Precast ? A copy of that product information is attached. 3. Item 16 of Exhibit "A" which is part of your Proposal identifies the "Installation of Misc. Metals". Does that include installation of the nine (9) steel bollards that are shown on the drawings? 4. Item 16 of Exhibit "A" includes the grouting of base plates. The structural columns will be set on the top of.pier without a base plate. Can you provide a credit for the elimination of that task? 5. Please confirm that you are not installing the perimeter insulation that is shown. If not—can you provide a price for that work. These should be the last questions necessary to define the scope of work and final contract price for the project. Please call me —the cell phone listed below is best—with any questions or comments. Your assistance in these regards is sincerely appreciated. Best regards, Mike Goffredo Michael Goffredo,President mnrlkwal A 5 $ O 'C '! A T E 5 s Construction Management 545 E.West St.,P.O. Box 265 Wind Gap,PA 18091 1 610.863.2000 1 Cell 484.239.3518 1 Mike Goffredo rom: Georgia Liddell <Georg ia @flynngroup.com> Sent: Tuesday,August 14, 2012 10:45 AM To: Mike Goffredo Subject: Rose, Steffy and Woldf AIA's -working drafts Attachments: A401-2007 -Working Draft- 002.docx;A401-2007 -Working Draft- 003.docx; A401-2007 -Working Draft - 004.docx Hi Mike, Here are my working drafts.. . . and boy, are they rough! I didn't know how to price Rose because there were a few alternate choices. Anyway,call me when you get the time to tweak these with me so I can get them done. I think you are still waiting to see if Steffy is going to lower their bid. . . Let me know if you need copies of the proposals. I think you already have copies of them. Obviously, I am confused. . . . .Thanks for your help! Georgia CO 1 Mike Goffredo \,.rom: Mike Goffredo <mikeg @msgainc.com> Sent: Tuesday,August 14, 2012 2:41 PM To: 'Tom Flynn'; 'Kevin Anderson' Cc: 'Georgia Liddell'; 'Earl Fernbaugh' Subject: FW: Flynn Group: Enterprise - HIA - Revised Concrete Proposal Attachments: Car wash Proposal 8-14-12.pdf Hi All, Here is a revised proposal that includes a complete scope of work. For$1,400—the credit offered—it is not worth trying to do the Reclamation Tank in precast.The only other consideration is who would provide the perimeter and under apron insulation. Buy-out calculations: BASE BID: $47,100 DEDUCT—Grouting of base plates ($ 500) DEDUCT—Frost Wall Change ($ 1,200) ADD—Bollard Installation 1,800 TOTAL W/O INSULATION $47,200 PROPOSED BUY-OUT$$$ $45,000 Call me with questions. Michael Goffredo, President Mara jit, A S 5 d C t A 7 E 5 Construction Management 545 E.West St.,P.O.Box 265 1 Wind Gap,PA 18091 1 610.863.2000 1 Cell 484.239.3518 From: Kurt Schweitzer [ma i Ito:kurt.schweitzer(a)steffyconcrete.com] Sent: Tuesday, August 14, 2012 6:44 AM To: Mike Goffredo Subject: Re: Flynn Group: Enterprise - HIA- Revised Concrete Proposal Mike, See the attached proposal. It includes the additional cost to provide 2" insulation under the exterior pads. Note that I have included only 2' of horizontal insulation under the slab. Wall section 2/A4.0 shows additional under heated slabs? Is this slab heated? Give me a call when you can @ 717-336-8115 or cell at 717-278-0642 Please disregard the previous proposal from this morning. Thanks, Kurt On Tue, Aug 14, 2012 at 6:26 AM, Kurt Schweitzer<kurt.schweitzer@,steffyconcrete.com>wrote: 1 Mike Goffredo � Y �,rom: Georgia Liddell <Georgia @flynngroup.com> Sent: Thursday,August 16, 2012 5:34 PM To: Mike Goffredo Subject: RE: HIA - List of Project Drawings. Thanks again, Mike,for all your help.lust talked to Tom and updated him. He said he was going to call you after he spoke with Steve. Georgia From: Mike Goffredo [mailto:mikeg@msgainc.com] Sent: Thursday, August 16, 2012 5:14 PM To: Georgia Liddell Subject: HIA- List of Project Drawings. Georgia, These can be inserted at the very end of the AIA Document— 16.1.4.2 Other Documents Michael Goffredo, President Olwxr A S 5 9 C 1 A 'T !E Si • Construction Management 545 E.West St,P.O.Box 265 1 Wind Gap,PA 18091 610.863.2000 Cell 484.239.3518 i Mike Goffredo rom: Mike Goffredo <mikeg @msgainc.com> Sent: Monday,August 20, 2012 5:19 PM To: 'Georgia Liddell'; 'Tom Flynn' Subject: Enterprise - HIA- Pricing from Boyer Attachments: RE: Enterprise - HIA 57HI; RE: Enterprise - HIA 57HI; RE: Enterprise - HIA 57HI;RE: Enterprise - HIA 57HI Georgia, Here is most of the Boyer communications with both the Plumbing& HVAC prices attached. I am in the process of completing the Bid Analysis for both Boyer and RMR. MG Michael Goffredo, President 7187 707;i A 5 5 G C a .A T E S a Construction Management 545 E.West St.,P.O.Box 265 1 Wind Gap,PA 18091 1 610.863.2000 1 Cell 484.239.3518 Mike Goffredo from: Mike Goffredo <mikeg @msgainc.com> Sent: Wednesday,August 22, 2012 6:26 PM To: 'phubler @firstenergycorp.com' Subject: RE: DR No. 326430343 - Enterprise Holdings Inc. - Harrisburg International Airport Attachments: MetEd LOAD SHEET- Enterprise HIA.pdf Pollyanne, Here is the Load Sheet that you requested previously. Sorry for the delay in providing this information. I can also forward this in the WORD format if necessary. Please call me directly with any questions or comments. Thanks, Mike Goffredo Michael Goffredo, President M Admokk a ■ A 5 S Q C I A T E 4 a Construction Management 545 E. West St.,P.O. Box 265 1 Wind Gap, PA 18091 610.863.2000 Cell 484.239.3518 rom: Phubler(abfirsteneravcorp.com [mailto:phublerCa firstenergycorp com] Sent: Thursday, July 19, 2012 8:57 AM To: Mike Goffredo Subject: Re: DR No. 326430343 - Enterprise Holdings Inc. - Harrisburg International Airport Good Morning Mike, Thank you for the information. I do appreciate. Attached below is a load sheet that we ask to be filled out for any new loads. Would you please fill this out and send it back to me? Also, a designer will be contacting you to discuss the job further and they may also need to set up a site visit, etc. Thank you, ;0044' to qic&M >4c 4'a V&"y'z Met Ed, A First Energy Company Phubler(a)firstenemycorp.com X00 S. 5th Ave Lebanon Pa 17042 Office: 717-270-4460 Fax: 330-315-9152 1 ^ � | From: lwikaGonredo 1& | nz \__ d (c: "Tom Flynn~ "Georgia Liddell Date: 07/16/2012 05:17 PM Subject: oR No.3a643Oo*3-Enterprise Holdings Inc.-Harrisburg International Airport July 10. 2O12 Po/yannmHubler Advanced Customer Service Specialist Met-Ed GOO South Fifth Avenue Lebanon, PA 17042 RE: New Car Wash Facility for Enterprise Car Rental(Nodiona|CarRanba|o) � | Airport ' | [Widd/ebmvn. F9\ Met-Ed Job No.326430343 � PoUyonm. Thanks for speaking with malast week. You may recall that your name was provided tome by David Spaulding the Deputy Director of Engineering at HIA. I am inquiring on behalf of Enterprise Car Rentals/ PENNRAC, LLC who is intending to construct a new 3,000 sf Automatic Car Wash Facility on the lot next to Building 25 which is currently occupied by Enterprise/National Car Rentals. You asked that I provide this basic information once we had secured a DR number for this location. � } The engineering criteria established for this new facility is; 0 2771480 V, 200A,4 wire,3 phasm' The existing pole numbers closest bu the proposed projects ore: � 28028-31623 Pole with existing transformers servicing Building 25(apprux. 2OO|fto proposed construction) � � 28062-31617(86'34)Existing high voltage primary The construction phase of this project iainbandodtonmnnrnanoethiavveehvviUlcunnp|etionmnbciombedfornnidho|atg October. Your assistance in directing the development of the electrical service for this project io greatly appreciated. Please feel free to contact me directly with any questions or comments. I can be reached on my cell phone: (484)239- 3518.Again, thanks for your cooperation. Best regards, �� =~� ^�� "=^== Michael Goffredo,President a q11111160 IV ;N X!k*jVJ Construction Services Group ' 545E.West St,P.O.Box 265|Wind Gap,PA18O91 |G10.883.2OOO|Cell 4O4.238.3518 ' ----------------------Thoinforomatinuomotuiomd im this message im intended only for the personal 2 and confidential use of the recipient(s)named above. If the reader of this message is not the intended recipient or an agent responsible for delivering it to the intended recipient, you are hereby notified that you have received this document in error and that any review, dissemination, distribution,or copying of this message is strictly `prohibited. If you have received this communication in error,please notify us immediately, and delete the original message. 3 Met-Ed AFirst EnewcompanY Load Sheet e Commercial 6 Industrial Projects C OB NUMBER 326430343 Date: August 15,2012 Customer/Project Name: PENNRAC/Enterprise Holdings Inc.—New Car Wash Facility Service Address: Airport Drive—Adjacent to Building 25Town: Middletown Zip: 17057 Prepared By: Michael Goffredo—Construction Manager Revision Date(if changes): Type of Business: Car Rental—Car Wash Facility Building Sq Ft: 3,000 Please Check: X New Service OR Upgrade X Permanent OR Temporary Underground OR X Overhead Service Size(amps): 200 (3) Phase (circle one) Desired Voltage: 277/480 Desired In-Service Date: October 15, 2012 Nearest Met-Ed Pole or Pad#: 28028-31623 Target Date for Costs&Contract Information: September 15, 2012 or ASAP Electrician: Mark Frese_Electric Phone#: 717-326-2729 Engineer: Liberty Engineering—Allentown, PA Phone#: 484-223-1761 Architect/Other:Fedetz Martin Associates—Allentown, PA Phone#:610-432-9924 If part of Development, Development Name: Harrisburg International Airport Lot# Load Type Descriotion Existing Load New Summer Load New Winter Load Hours Used/mo Air Conditioning,including kW kW kW Hours Chiller/compressor,fans,pumps,etc. Lighting KW 3.7 kW 3.7 kW 200 Hours 1.3pace Heating,including heating kW kW 3.6 kW 480 Hours elements,fans,pumps,etc. Water Heating kW kW kW Hours Motors(if greater than 25HP see below) HP 50 HP 50 HP 200 Hours 1 HP=0.746 kW Welding/Induction Furnace kW kW kW Hours (provide detail below) Refrigeration(1 Ton Refg=1 I(W) kW kW kW Hours Cooking Equipment kW kW kW Hours Miscellaneous: kW kW kW Hours Office Equipment/Other kW kW kW Hours (List type in comments) COMMENTS: The Total Connected Load for this proiect is 142,A. Motor Data: If largest motor is 25 HP or greater please provide the following Starting KVA of motor or motor code letter: Number of starts per day: If Primary metered, Customer Transformer Size in KVA: Customer Transformer%Z: Welder Data: Please provide the following data; if multiple welders, please use separate page for additional data Number of Welders: Nominal KVA: Max Inrush KVA: Weld Duration in Cycles: Weld Frequency in Welds per Hour: There may be costs for this project. Please provide information for mailing the invoice: Name: Robert F.Coaklev,Operations Manager Email: robert.f.coakley(cD-ehi.com Company: PENNRAC—Enterprise Holdings Inc_ Phone: 717-265-4883 Cell Address: 2625 Market Place City: Harrisburg State: PA Zip: 17110 The foregoing is correct and accurate (signature): Nicha4d&fflLedo . Construction Manager Fax Completed Load Sheet to Customer Support at Met-Ed Fax: (330) 245-5705 Mike >>>"Mike Goffredo" <mikee @mseainc.com>8/22/2012 6:56 PM >>> NA Good Afternoon Mike, Please contact me at your earliest convenience to review the project information for the new Enterprise-National Rental Car Wash facility at the Harrisburg,lnternational Airport.The construction of the_`build"ing foundations has started and we anticipate a completion date,in mid-Ocio6 r. The Mechanical Schedule identifies the following gas-fueled equipment: 1—Hot Water Boiler at 84.8 CFH. 2—Unit Heaters at 75.0 MBH input. 1—Unit Heater at 45.0 MBH input. The Customer name and billing address will be the same as the current service at Building 25:Let me know if you need additional information in this regard. I am available to review these matters at any time.The best way to reach me is on my cell phone or'a reply to this message. Looking forward to talking with you soon. Best regards, Mike Michael Goffredo, President Construction Management 545 E.West St., P.O. Box 265 Wind Gap, PA 18091 ( 610.863.2000 ( Cell 484.239.3518 From: Kenneth Stoltz [mailto:KStoltz @ugi.com] , Sent:Wednesday,'Jui"18,2012 2:00 PM To: mikes @msiainc.com Cc: Michael Nicodemus. Subject: HIA'Car Wash Mike: Mike Nicodemus will handle the new gas service for the Enterprise Rental car wash at Harrisburg International Airport. Mike's contact info: 717.255.4361 mnicodemus @ugi.com Thanks. 2 .enneth J.Stoltz Project Leader-Key Accounts UGI Utilities Inc. 1301 AIP Dr. Middletown, Pa. 17057 717.255.4363 Office 717.255.4320 Fax kstoltz @ugi.com This e-mail is intended for the use of the recipient(s) named above.This message may not be distributed by an intended recipient without the express written authorization of the sender.This message may be an attorney-client communication and as such privileged and confidential. If you are not an intended recipient you may not review copy or distribute this message. If you have received this communication in error please notify us immediately by e-mail and delete the original message and destroy all copies. 1710 This e-mail is intended for the use of the recipient(s) named above.This message may not be distributed by an intended recipient without the express written authorization of the sender.This message may be an attorney-client communication and as such privileged and confidential. If you are not an intended recipient you may not review copy or distribute this message. If you have received this communication in error please notify us immediately by e-mail and delete the original message and destroy all copies. 3 Mike Goffredo Iom: Mike Goffredo <mikeg @msgainc.com> cent: Tuesday,August 28, 2012 1:32 PM To: 'Coakley, Robert F Cc: 'Earl Fernbaugh'; 'Tom Flynn' Subject: RE: HIA Drawing Rob, I just spoke with Polyanne Hubler, the Customer Service Rep at Met Ed, regarding the service.She has all of the load data entered and it has been turned over to Engineering. Will call me back later today with the name of the person handling the project in Design/Engineering.Also, I have called Steve Landis with Liberty Engineering to determine if they had any preliminary information from MECO that 277/480V power was available at the location. His response was this; 1) He sent load data to MECO by fax on 5/1/12—did not receive a response.2) Made an assumption that the configuration was available given the airport operation—but did not confirm. 3)The electrical system design was based on information provided by the equipment manufacturer and the most efficient service size and fusing. (Again— assuming that 480V was available)4) IF....The service were designed at 208V it would include an 800A Main and 400A subfeeds to the motor control center. When I receive the call from Met Ed I will contact you immediately. If there is not a response by 4:00 this afternoon I will call her back. Let me know if there are any other questions. Thanks, like Michael Goffredo, President N A 5 5 0 E 1 A T E 5 s Construction Management 545 E.West St.,P.O.Box 265 1 Wind Gap,PA 18091 1 610.863.2000 1 Cell 484.239.3518 From: Coakley, Robert F [mailto:Robert.F.Coa kley@ehi.com] Sent: Tuesday, August 28, 2012 10:27 AM To: Mike Goffredo Subject: RE: HIA Drawing Mike, I have not ordered the equipment just yet...It will be ordered today or tomorrow. I am checking to see if the equipment is a multi tap electrical motors, or ordered for the service. I was down at the site today.....Earl said the electrician had a concern about the electrical service to the site. The current location is 208......HE was not sure if the electric company can get 480 to the new building....Do you know if that is true.... Rob I 1 Robert Coakley Group Operations Manager 717-909-5000 office 717-909-5007 direct 717-265-4883 cell 717-909-5099 fax robe rt.f.coakl ev(o�ehi.corn Enterprise Rent A Car 2625 Market Place Harrisburg PA 17110 United States enterpriseholding s.com nor From: Mike Goffredo [mailto:mikegC&msgainc.com] Sent: Monday, August 27, 2012 1:21 PM To: Coakley, Robert F Cc: 'Tom Flynn'; 'Earl Fernbaugh' Subject: RE: HIA Drawing Thanks Rob—the info clears up a bunch of questions. One left tho...has your equipment been ordered at 480V? With respect to the 120V outlets; there are six(6)shown currently on the outside walls in the "pre-wash" areas. Is that enough? Also, I have noticed that the Incoming Electrical Service and the Main Distribution Panels are shown on the wrong wall— currently shown on the street side of the building.The service will be originating on the opposite side. Do you have any problems with re-locating the service panels to the opposite wall?There might even be an opportunity to move it to the Mechanical Room. Your thoughts? ; Mike Michael Goffredo, President MMEM—AM -6 A 5 s a c 1 A r 6 ■ Construction Management 545 E.West St.,P.O.Box 265 1 Wind Gap,PA 18091 (610.863.2000 Cell 484.239.3518 From: Coakley, Robert F [ma ilto:Robert.F.Coa kley(aIeh i.com] Sent: Monday,August 27, 2012 1:00 PM To: Mike Goffredo Subject: FW: HIA Drawing Mike....Here is the electrical information from car vendor..... We are going to have some standard 120 outlets for shop vacs....Rob I Robert Coakley Group Operations Manager e, 717-909-5000 office 717-909-5007 direct 717-265-4883 cell - 717-909-5099 fax 2 Mike Goffredo "---"From: marnold @firstenergycorp.com /Sent: Wednesday, September 05, 2012 2:58 PM To: Mike Goffredo Subject: RE: Enterprise/National Car Rental - Harrisburg International Airport Attachments: Untitled attachment 00261 jpg; Untitled attachment 00264 jpg Good afternoon Mike, I just made a site visit this afternoon and saw that we can set a pole about 40'east of the existing transformer pole#28028-31623 and install a 3 phase 277/480 volt bank on it. You would then have to run an underground service about 150'of trench length and an additional 40' up the pole to tie in with our transformers to give you the voltage you need. From: "Mike Goffredo"<mikeg(a)msgainc.com> To: <marnoldOgpu.com> Cc: "'Coakley,Robert F"'<Robert.F.Coakley(u?ehi.com>,"'Tom Flynn"'<tflynn(c flynngroup.com>,"'Georgia Liddell"'<Georgia a()flynngroup.com>,"'Earl Fernbaugh"'<Earl(aflynngroup.com> Date: 09104/2012 03:35 PM Subject: RE:Enterprise/National Car Rental-Harrisburg International Airport Mike, o you have any update regarding confirmation of availability for a 277/480V service at this location?Your assistance in this regard will allow the Project Owner to release the equipment order and is sincerely appreciated. Thanks, Mike Michael Goffredo,President A 5 5 14 C 9 A T E 5 Construction Management 545 E.West St.,P.O.Box 265 1 Wind Gap,PA 18091 610.863.2000 Cell 484.239.3518 From: Mike Goffredo [mai Ito:mikea msaainc.com] Sent: Thursday, August 30, 2012 6:24 PM To: 'marnold @gpu.com' Cc: 'Coakley, Robert F'; 'Tom Flynn'; 'Georgia Liddell'; 'Earl Fernbaugh' Subject: Enterprise/National Car Rental - Harrisburg International Airport August 30, 2012 Mike Arnold,Design Engineer marnold @gpu.com Viet Ed Re: Met Ed Job No.326430343 .New Car Wash Facility 1 Mike Goffredo f 'From: Georgia Liddell <Georgia @flynngroup.com> Sent: Wednesday, September 05, 2012 4:06 PM To: Mike Goffredo Subject: Re: Fwd: Enterprise/National Car Rental - Harrisburg International Airport Thanks Mike! I'm sure you made Rob very happy!!! Georgia Liddell Executive Assistant to Tom Flynn Flynn Group 5006 East Trindle Road Suite 100 Mechanicsburg, PA 17050 (717)790-0110 (717)790-0113 FAX Mike Goffredo<mikeg @msgainc.com>wrote: >ent from my iPhone Begin forwarded message: From: Mike Goffredo<mikeg @msgainc.com> Date: September 5,2012 3:35:07 PM EDT To: "marnold @firstenergycorp.com" <marnold @firstenergycorp.com> Subject: Re: Enterprise/National Car Rental-Harrisburg International Airport Mike, Thanks.That's what we will plan on doing. If the new ME pole is 40 ft east of the existing that should leave a secondary distance of less than 120 feet. Can an additional pole be provided at the new building for an aerial service? In any case I will advise Enterprise that the 277/480 service is available.Thanks for your assistance. Best regards, MG Sent from my iPhone On Sep 5, 2012,at 2:57 PM, marnold @firstenergycorp.com wrote: 1 Mike Goffredo From: Tom Flynn <tflynn @flynngroup.com> YSent: Friday, September 07, 2012 10:37 AM To: Mike Goffredo Cc: Robert F Coakley; Georgia Liddell Subject: Re: Enterprise/National Car Rental - Harrisburg International Airport Mike, Talk at 11:30. Use my cell Thanks. And then I will discuss results with Rob among other things F1ymiGroup.com Mobile Device Please excuse the shortness due to using mobile device On Sep 6, 2012, at 1:14 PM, "Mike Goffredo" <tnikeg_@ms;ainc.com> wrote: Rob/Tom, It's We should have a discussion about the pros /cons/costs of bringing the secondary run to the building underground. Mike Sent from my iPhone Begin forwarded message: From: marnoldkfirstenergycorp.com Date: September 6, 2012 8:10:04 AM EDT To: Mike Goffredo <mike ms ainc.com> Subject: Re: Enterprise/National Car Rental- Harrisburg International Airport We would have to set a pole in the middle of the parking lot to get close enough to provide an overhead service. With a 3 phase overhead service we can only run a length of about 45'without putting a guy wire on the pole. From: Mike Goffredo<mikegftrnsgainc.com> To: "marnold(a)firstenergvcorp.corn'<marnoldAfirstenergvcorp.corn> Date: 09/05/2012 03:35 PM Subject: Re:Enterprise/National Car Rental-Harrisburg International Airport Mike, Mike Goffredo Mike Goffredo <mikeg @msgainc.com> .,ent: Monday, September 17, 2012 5:11 PM To: Tom Flynn Cc: 'Georgia Liddell' (Georgia @flynngroup.com) Subject: EHI- Updates for Monday 9/17/12 Tom, Here are a few items for discussion and project status updates: Stroudsburg: • Met at site with Premium Builder's foreman. • Delivered to Premium the Building Permits and Approval Drawings.Copies will be sent to the office. • Work has started with interior demolition underway. Dumpster on site. • Questions about utility re-connections and meter changes: • Electric—Service is currently energized. Meter needs to be changed to PENNRAC. Do I need to address? • Gas—Service is shut off but meter is in place. Meter needs to be changed to PENNRAC. Do I need to address? • Water-Service is shut off and there is NO meter in place. Meter needs to be changed to PENNRAC. Do I need to address?Will need water soon for saw-cutting. • Sent you a picture of the incoming water service. It comes in ABOVE GRADE!!! It is wrapped with insulation and heat tape—very poor installation. • The front parking area is pretty bad.You might want to ask Rob if he wants us to price an overlay in that small area. We are to install a HC parking stall and the striping that is required for it. Pretty poor surface to have at the front of the store. • Any news on the re-roofing by the Landlord? • Did you have a chance to talk with Rob to resolve the final Contract amount? Williamsport: • Spoke with Bob Waldman this morning.They want to start the outside work—cleaning and painting. I called Rick Quigley and cleared that with him. No problem! Started the work this afternoon. • Talked with Rick Quigley about flooring in back offices. He thought that Enterprise was taking care of that.Told him that we would get something in those rooms that matches what they have now. (It's cheap stuff!) Directed Hannan to get 2 pieces of carpet and install them.Will bill us for material($250-$300)only. • Electrical Inspection was made by Township and all drywall work is complete. Finishing, painting,and all work in the Quigley area should be complete by the end of this week. HIA: • Working on list of extras that we spoke about. Need to pickup$26K-$28K • Learned that we cannot use a concrete tank for oil/water separator.Currently only offered in steel or fiberglass. Boyer re-pricing. • Spoke with Overhead Door subs about control options.Should have answers tomorrow. Need to order the doors ASAP. • Did you have a chance to talk with Rob about the Electrical service options. If we are going with the underground service need to get rough-in before slabs are poured. • UGI—gas service: Boyer and Wolf are getting prices for saw-cutting,excavation, and restoration. Best approach still T&M. • Sanitary Sewer(to rear of building)—no,returned calls yet from Airport Authority. 1 4 Bloomsburg: • Have 3rd price at$255K—no breakdown. I can make one. 4 • Provided another set of drawings to Premium Builders for pricing.Sent them by email 3 x's—said they never could find them. Do we have time to wait for them? • Our current price—with all costs and fee is$297,000.What is Rob's budget for the project? Wilkes Barre: • Georgia was going to send me a copy of the electronic file with the drawings. That should be about it for now.Call me at your convenience. MG Michael Goffredo,President • IVIA 4 '5 O C J A T E S 0 Construction Management 545 E.West St.,P.O.Box 265 1 Wind Gap,PA 18091 1 610.863.2000 1 Cell 484.239.3518 r 2 EXHIBIT 6 Mike Goffredo m Tom: Mike Goffredo <mikeg @msgainc.com> :lent: Friday, October 05, 2012 5:01 PM To: 'Tom Flynn'; 'Georgia Liddell' Subject: RE: high importance for today Importance: High SEE COMMENTS BELOW Michael Goffredo, President 11*0 aS sac1 5a Construction Management 545 E.West St.,P.O.Box 265 1 Wind Gap, PA 18091 1 610.863.2000 1 Cell 484.239.3518 From: Tom Flynn [mailto:tflynn@flynngroup.com] Sent: Friday, October 05, 2012 4:21 PM To: Mike Goffredo; Georgia Liddell Subject: high importance for today Mike, Please jump on these today !! Call me with outcome 1. 1 gave you both your check and the MET ED check....You were looking into getting the METED check hand delivered or you would send it out) Call in to MetEd Scheduler—no response yet. Sent email—1:30 today—to M.Arnold and others. 2. HIA. You are going to follow up on the sewer line with Scott Snoke from the airport( I talked to him yesterday, he seem to be ok with us trying to go over top of the 18 inch line.) He also want a time frame on the gas line crossing the road. He said he needs to complete a mark out of his stuff) ..He said he would meet on site....So just call him....I will be on site on Monday morning from 8 till noon Rob's conversation with Scott(he's only been there for 2 weeks now)will help.With Earl back on Monday we might be able to get the water lines marked. If necessary I will be out there Monday to meet and get this damn thing resolved -once and for all. 4. Williamsport....let me know when I need to order the carpet...Also when should I plan the data guys....I need a week lead time with them Williamsport: • Contractor is completing demo and should start the interior framing early next week. I would schedule phone/data rough-in for the week of the 15th.Will confirm that with you by mid- week. • Once all of the framing and ceiling grid is place there should be a window for delivery of the carpet materials. A tentative date looks like the week of the 22nd.Again,will confirm that next week. 5. Stroudsburg.....Two things...Zoning info for sign's...Mike said he would have it later today....Need to know what 1 have to work with on the site...I need to send that info to corp ASAP...I would like to send it today(well tonight after golf)....Also I need to get the estimate for cleaning the line and the new connection to the city sewer line. Zoning Officer off this afternoon—again! Will be off on Monday.See email sent to Zoning Officer requesting information. i 6. Bloomsburg.—What do we think for a time table KCR to start on Monday. Should be ready to open by December 10tH 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.flynngroU com 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 information obtained through this email. Thank you. 2 EXHIBIT 7 Mike Goffredo Tom: Mike Goffredo <mikeg @msgainc.com> rent: Friday, October 26, 2012 4:23 PM To: 'Georgia Liddell' Cc: 'Tom Flynn' Subject: RE:Three wolf invoices Georgia, These are Time &Material billings for Utility Related Work.A summary of each is: 1. Install storm water piping for downspouts to existing catch basins. -$1,658.00 (I didn't realize that we were planning to do this!) This is the total for this work and it should be part of the Utility Change Order. 2. Excavation for the water line installation. -$2,026.93 There will also be a related bill for the tap and piping work from Boyer. 3. Excavation and backfill for the gas line installation.-$2,218.50 This work includes pavement patching but that may not be the permanent restoration. Let me know if you have additional questions. Michael Goffredo, President 5 5 0 0 1 .A TIE S r Construction Management 545 E.West St.,P.O.Box 265 1 Wind Gap, PA 18091 610.863.2000 1 Cell 484.239.3518 From: Georgia Liddell [mailto:Georgia flynngroup.com] Sent: Friday, October 26, 2012 10:15 AM To: Mike Goffredo Cc: Tom Flynn Subject: Three wolf invoices Mike, Please look at these invoices and tell me what they are?? Is this a change order?? I am so confused at this point. 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 'mail:eeorgia a,flynngroup.com 1 EXHIBIT 8 lymiu's. INVOICE A*S S 0 C I A T E S CONSTRUCTION SERVICES GROUP INVOICE NUMBER 545 E.West Street-Wind Gap,PA-18091 57HI-01 January 31, 2013 Realty Management Inc. PROJECT: Enterprise Holdings Inc. -57HI 5006 Trindle Road Harrisburg International Airport Mechanicsburg, PA 17050 Middletown, PA UTILITY COST CHANGEORDER Coordination of Project Utility Services HOURLY CONSTRUCTION CONSULTING SERVICES & EXPENSES DATE DESCRIPTION HOURS RATE TOTAL 07/09112 Site visit. Travel to HIA. Initial review of utility issues. 8.00 $ 110.00 $ 880.00 Meet with SARAA representatives: Dave Spaulding & Michael Yingling. Contact Steve Downs-SARAA Sanitary Sewer&Water. Contact MetEd. Contact UGI. Review documents, 07/13/12 Meet with Contractors at site. Investigate routing of 6.00 $ 110.00 $ 660.00 C Sanitary Sewer lines around existing tanks and other underground facilities. Contact EHI for Met Ed filing info. Enter service application with Met Ed. 07/15/12 Review sanitary details. Gas tank conflict. Emails TJF 1.50 $ 110-00 $ 165.00 07/16/12 Communications with MetEd- Hubler, Spalding-UGI 1.50 $ 110-00 $ 165.00 07/17/12 Emails to UGI -Stoltz. Review heating loads 1.50 $ 110.00 $ 165.00 07/18/12 Telcon&emails with UG1-Stoltz/Nicodemus 1.50 $ 110.00 $ 165.00 07/19/12 MetEd-email- review Load Sheet 1.00 $ 110.00 $ 110.00 07/20/12 Telcon -email Craig Marshall-excavator. Utility pricing 2.50 $ 110.00 $ 275.00 Telcons-email David Spaulding, PreCon meeting. 07/23/12 UGI -Nocodemus-Pre-Application 1.50 $ 110-00 $ 165.00 07/24/12 Review DEP 30 page report from RC 100 $ 110.00 $ 220.00 07/27/12 Travel to HIA-PreCon Meeting. Site visit. 7.00 $ 110.00 $ 770.00 08/02112 Building/Utility layout changes, Telcon &emails with CE. 3.50 $ 110.00 $ 385.00 Telcon-emails Scott Snyder-Boyer sanitary pricing. 08/03/12 Telcon-email Snyder/Boyer-Drawings/Details 2.00 $ 110.00 $ 220.00 08/07/12 Review Boyer proposals for site utilities. Emails to Snyder 1.50 $ 110.00 $ 165.00 08/08/12 Review Boyer revised pricing. Review Wolf utility pricing. 2.00 $ 110.00 $ 220�00 08/22/12 Review load cales. Telcon with Mech Engineer. Prepare 6.00 $ 110-00 $ 660.00 MetEd Load Sheet. Email to Hubler. Email to UG1 - 08/24/12 UGI -Kim Swartly emails-telcon 1.00 $ 110.00 $ 110.00 08/27112 UGI -emails to Rcoakley. Start application info. Drawings 3.00 $ 110.00 $ 330,00 to UGI-Swartley. Respond to service questions. 08/28/12 MetEd - Review voltage issues with R Coakley. Telcon 3.50 $ 110.00 $ 385.00 y with Hubler. Respond to RC-emails. Utility scope for 08/29/12 UGI -Swartly-location response 1.00 $ 110.00 $ 110.00 08/30/12 MetEd -Telcon w/Mike Arnold. Correspondence to 2.50 $ 110.00 $ 275.00 08/31/12 Email UGI -Swartley 0.50 $ 110.00 $ 55.00 09/04/12 MetEd -Arnold followup 0.50 $ 110.00 $ 55.00 09/05/12 MetEd -Arnold email. Telcon to Frese. 1.00 $ 110.00 $ 110.00 09/06/12 MetEd -Arnold email. Comm with Coakley& Flynn 1.00 $ 110.00 $ 110.00 09/21/12 Boyer-Review revised oil/water separator. Telcon 1.50 $ 110.00 $ 165.00 w/SARAH regarding change. 09/25/12 Prepare Cost Estimate for Utilities. Emails to TF 3.00 $ 110.00 $ 330.00 09/26/12 Telcon w/R Coakley-MetEd. Message to MetEd-Arnold 2.50 $ 110.00 $ 275.00 final decision to proceed with aerial service. 09/27/12 MetEd-review emails-respond. Forward final design 3.50 $ 110.00 $ 385.00 info to Mark Frese. UGI -Complete service application - send to Swartley. 10/05/12 MetEd-emails to M Arnold -payment. Progress updates. 0.50 $ 110.00 $ 55.00 10/18/12 Site visit-Water installation. Review Power layout. 6.50 $ 110.00 $ 715.00 10/25/12 Boyer CO for utility work 1.50 $ 110.00 $ 165.00 10/26/12 Frese CO for electrical service. Wolf invoices for CO. 2.00 $ 110.00 $ 220.00 Revise project budget. 11/27/12 Review utility change order costs. 2.00 $ 110.00 $ 220.00 01/17/13 Complete compilation of Change Order costs&fee to GL. 4.00 $ 110.00 $ 440.00 THIS INVOICE TOTAL $ 9,900.00 PROJECT SUMMARY: Previous Billings $ - Current Invoice $ 9,900.00 Project Total $ 9,900.00 EXHIBIT 9 M n14 INVOICE al In 11 SYSS 0 C MIA T E S1 Vo CONSTRUCTION SERVICES GROUP INVOICE NUMBER 545 E.West Street•Wind Gap,PA-18091 57HI-02 January 31, 2013 Realty Management Inc. PROJECT: Enterprise Holdings Inc. -57HI 5006 Trindle Road Harrisburg International Airport Mechanicsburg, PA 17050 Middletown, PA TRADE BUY-OUT& COORDINATION CONSTRUCTION CONSULTING SERVICES&EXPENSES DATE DESCRIPTION TOTAL 06115112 Construction Management Services related to the final solicitation $ 4,000.00 and procurement of all trade contracts necessary to complete the project, assist with subcontract preparation, trade coordination,and other project related activities. Services provided from 06/15/2012 through 01/17/2013. Basis of Contract of Lump Sum. Total amount$4,000.00 THIS INVOICE TOTAL $ 4,000.00 Previous Billings $ (2,500.00) Invoice Balance $ 1,500.00 O M.S.G. ASSOCIATES,INC., : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. • FLYNN GROUP, LLC,and : NO.2013-3934 REALTY MANAGEMENT INC., • Defendants : CIVIL ACTION -LAW NOTICE TO PLEAD To: Alina M. Dusharm, Esquire ' c ' Stone, Duncan & Linsenbach, P.C. 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 C PETER J. RUSSO, P.C. By: 50!. ast Trio" Rd, Suite 203 Mechanicsburg, PA 17050 Peter J. Russo, Esquire Supreme Court No. 72897 oPaul 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 M.S.G.ASSOCIATES,INC., : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA v. FLYNN GROUP,LLC, and : NO. 2013-3934 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. The averment contained in Paragraph 1 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. 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. Admitted. 4. Admitted. 5. Admitted. 6. 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. 7. The averment contained in Paragraph 7 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. 8. 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. 9. The Pennsylvania Rules of Civil Procedure do not require a response to the averment contained in Paragraph 9 pursuant to Pa. R.C.P. 1029(d). 10. Admitted. 11. Admitted. 12. Admitted in part and denied in part. It is admitted that Defendant's services were requested to assist in the construction of the Harrisburg International Airport (herein known as "HIA") project. It is denied that any written contract was formally created between the parties, and strict proof is demanded upon the Defendant to provide evidence of the"contract." 13. Admitted. 14. Admitted. 15. Admitted. 16. Denied. The parties never entered into a formal written contract, however, an oral agreement was reached between the parties concerning Plaintiff's role in the assistance with the HIA project. Further, strict proof is demanded upon Defendant pursuant to Pennsylvania Rules of Civil Procedure Rule 1019 to provide evidence of the "contract." 17. 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. 18. Denied. Defendant RMI sought Mike Goffredo's assistance with one aspect of the HIA project to get the project finalized. It is specifically denied as to the Plaintiff's self- classification of his "expertise." 19. The averment contained in Paragraph 19 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 as to what Plaintiff believes makes him an"expert." 20. Admitted in part and denied in part. It is admitted that Plaintiff accepted the agreement of payment in the sum of Four Thousand and 00/100 ($4,000.00) Dollars for all work provided by Plaintiff. It is denied that the classification of the payment was for "pre- construction management work," as the agreement between the parties in the oral agreement was for a flat fee of Four Thousand and 00/100 ($4,000.00) Dollars for Plaintiffs services in all matters concerning the project. 21. 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. 22. 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. 23. 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. 24. 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. 25. Admitted in part and denied in part. It is admitted that the Plaintiff submitted cost information to RMI to create a request for change order to EHI. It is further stated RMI never agreed for Plaintiff to undergo these tasks, or even that such actions would be compensated outside of the Four Thousand and 00/100 ($4,000.00) Dollars flat fee the parties agreed to. 26. Denied. The exhibits attached and referred by Plaintiff in Exhibit 3 are merely the costs submitted by Plaintiff which were requested to be used in a request for change order to EHI. RMI never agreed that the work completed by Plaintiff was to be compensated outside of the Four Thousand and 00/100 ($4,000.00) Dollars flat fee. 27. Denied. The email from Thomas Flynn to Plaintiff has no relation to the costs submitted to RMI by Plaintiff, as the email does not in any way allow a reasonable person to believe acts as an acceptance of the change order costs. Plaintiff never agreed to the change order, and therefore, there was no meeting of the minds concerning the costs. As such, strict proof is demanded upon the Plaintiff to show Plaintiff's email served as an "acceptance" and a meeting of the minds between the parties. 28. 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. 29. 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. 30. Admitted in part and denied in part. It is admitted that RMI did not ask Plaintiff to stop doing work, as the original agreement between the parties for the Four Thousand and 00/100 ($4,000.00) Dollars flat fee encompassed Plaintiff completing all work related to the project, including an October 5, 2012 email. As such, it was expected that per the agreement, for RMI to pay to Plaintiff Four Thousand and 00/100 ($4,000.00) Dollars, that Plaintiff would comply with the agreement and complete the tasks agreed between the parties. 31. Denied. Exhibit 7 does not include any "invoices" and therefore strict proof is demanded upon the Plaintiff to provide these invoices. 32. Admitted in part and denied in part. It is admitted that the Plaintiff submitted a final invoice, as evidenced in Exhibit 8 of Plaintiff's Complaint. It is further admitted that Defendant RMI has not paid Plaintiff the costs shown in the invoice. However, it is denied that Plaintiff is entitled to the cost submitted in the final invoice. The meeting of the minds between the parties was a Four Thousand and 00/100 ($4,000.00) Dollar flat fee for all work completed by Plaintiff. Defendant never agreed to compensate Plaintiff for work which is already completed under the original agreement, as Plaintiff was already paid for said work under the flat fee agreement. 33. Admitted. COUNT I VIOLATION OF THE CONTRACTOR SUBCONTRACTOR PAYMENT ACT 34. The Pennsylvania Rules of Civil Procedure do not require a response to the averment contained in Paragraph 34 pursuant to Pa. R.C.P. 1029(d). 35. Admitted in part and denied in part. It is admitted that an oral "contract" was reached between the parties, and an agreement of a Four Thousand and 00/100 ($4,000.00) Dollar flat fee paid by the Defendant RMI to Plaintiff was reached. It is denied that a contract was created by any "written or normal trade practices" and strict proof is demanded by the Plaintiff 36. Admitted in part and denied in part. It is admitted that the Plaintiff did provide services per the oral "contract" reached between the parties, which was a Four Thousand and 00/100 ($4,000.00) Dollar flat fee for any and all work relating to the Harrisburg International Airport project. It is denied that Plaintiff performed his entire obligation under the agreement, as Plaintiff's actions caused difficulties and additional loss to Defendants but for Plaintiff's acts. 37. Denied. Defendants have provided payment for "services rendered" by the Plaintiff in relation to the agreement reached between the parties concerning the flat fee. It is further denied that Defendants owe Plaintiff any funds for work outside of the agreed Four Thousand and 00/100 (4,000.00) Dollars. • 38. Admitted in part and denied in part. It is admitted that the Plaintiff did provide services per the oral "contract" reached between the parties, which was a Four Thousand and 00/100 ($4,000.00) Dollar flat fee for any and all work relating to the Harrisburg International Airport project. It is denied that Plaintiff performed his entire obligation under the agreement, as Plaintiff's actions caused difficulties and additional loss to RMI but for Plaintiff's acts. 39. Denied. The oral "contract," which reflected a meeting of the minds between the parties, was for Defendant to pay Four Thousand and 00/100 ($4,000.00) Dollars to Plaintiff to provide any and all services necessary for the HIA project. Any work completed and invoiced by Plaintiff outside of the flat fee was not part of the oral "contract"and meeting of the mind between the parties, and therefore Defendant is not in violation of failure to pay. 40. The averment contained in Paragraph 40 is a conclusion of law to which no response is required. To the extent a response is required, it is denied. 41. The averment contained in Paragraph 41 is a conclusion of law to which no response is required. To the extent a response is required, it is denied. 42. The averment contained in Paragraph 42 is a conclusion of law to which no response is required. To the extent a response is required, it is denied. 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. WHEREFORE, 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 BREACH OF CONTRACT (Plead in the Alternative) 44. The Pennsylvania Rules of Civil Procedure do not require a response to the averment contained in Paragraph 44 pursuant to Pa. R.C.P. 1029(d). 45. Admitted. It is further stated the agreement between the parties was an "oral" arrangement, in which Plaintiff would provide any and all services to complete the HIA project in exchange for Defendant to make a flat fee payment of Four Thousand and 00/100 ($4,000.00) Dollars. 46. Denied. The oral "contract" between the parties, and which there was a meeting of the minds, was for Plaintiff's services for any and all work in completing the HIA project for a flat fee of Four Thousand and 00/100 ($4,000.00) Dollars. 47. 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. 48. Admitted in part and denied in part. It is admitted that the Plaintiff submitted invoices for work totaling Thirteen Thousand Nine Hundred and 00/100 ($13,900.00) Dollars. It is denied that Plaintiff is owed that amount, as the oral "contract" between the parties was for a flat fee of Four Thousand and 00/100 ($4,000.00) Dollars for any and all work to be completed by the Plaintiff for completion of the project. Any costs in addition to the Four Thousand and 00/100 ($4,000.00) Dollars is outside of the agreement reached by the parties, and therefore improperly billed by the Plaintiff. 49. The averment contained in Paragraph 49 is a conclusion of law to which no response is required. To the extent a response is deemed necessary, 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 III UNJUST ENRICHMENT (Plead in the Alternative) 50. The Pennsylvania Rules of Civil Procedure do not require a response to the averment contained in Paragraph 50 pursuant to Pa. R.C.P. 1029(d). 51. The averment contained in Paragraph 51 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. 52. The averment contained in Paragraph 52 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. 53. The averment contained in Paragraph 53 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. 54. The averment contained in Paragraph 54 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 parties entered into an oral "contract" where in return for Plaintiff's services, Defendant would confer upon Plaintiff the sum of Four Thousand and 00/100 ($4,000.00) Dollars. As such, all work completed by the Plaintiff was expected by Defendants in acceptance of the oral "contract." 55. The averment contained in Paragraph 55 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. 56. The averment contained in Paragraph 56 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. 57. The averment contained in Paragraph 57 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 IV PROMISSORY ESTOPPEL (Plead in the Alternative) 58. The Pennsylvania Rules of Civil Procedure do not require a response to the averment contained in Paragraph 58 pursuant to Pa. R.C.P. 1029(d). 59. The averment contained in Paragraph 59 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. 60. The averment contained in Paragraph 60 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. 61. The averment contained in Paragraph 61 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. 62. The averment contained in Paragraph 62 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. NEW MATTERS 63. The Pennsylvania Rules of Civil Procedure do not require a response to the averment contained in Paragraph 58 pursuant to Pa. R.C.P. 1029(d). 64. Plaintiff has failed to state a claim upon which relief may be granted. 65. Plaintiff is contributorily negligent. 66. Plaintiff has unclean hands. 67. Plaintiff has failed to mitigate damages. 68. Plaintiff's own conduct is the cause of her loss. 69. 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, other than the use of an email address, to show Flynn Group, LLC's connection to this matter. 70. Plaintiff has failed to meet the requirements of Pennsylvania Rules of Civil Procedure Rule 1019, in including 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. 71. The project location was 2 Terminal Drive #102, Middletown, Pennsylvania 17057. 72. Plaintiff and Defendant entered into an oral contract/agreement concerning Plaintiff's providing services for Defendant's project. 73. The agreement was for Defendant to compensate Plaintiff Four Thousand and 00/100 ($4,000.00) Dollars for any and all work conducted concerning the HIA project. 74. There was never any verbal agreement by the Defendants for Plaintiff to be compensated for work already payable under the initial flat fee. 75. There was never any written agreement by the Defendants for Plaintiff to be compensated for work already payable under the initial flat fee. 76. Defendants submitted a work order to EHI concerning Plaintiff's proposed "costs,"which was denied and rejected by EHI, the project owner. 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 'ETER J. RUSSO, P.C. By: '-ter J. Rus esquire PA Supre -Court ID: 72897 Paul D. Edger, Esquire PA Supreme Court ID: 312713 5006 East Trindle Road, Suite 203 Mechanicsburg, PA 17050 Attorneys for Defendants 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 unworn falsification to authorities. /i Date: .66' '13 /1°1 _ Thomas Flynn, President Realty Management, Inc. M.S.G. ASSOCIATES,INC., : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA v. FLYNN GROUP, LLC,and : NO. 2013-3934 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 ek . Strouphauer, PN legal 1{3 r 3NO -5 PH I: uQ COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA M.S.G. Associates, Inc, • Plaintiff • v. • CIVIL ACTION- LAW • Flynn Group, LLC, and • NO. 2013-3934 • Realty Management, Inc. • Defendants, • ANSWER TO NEW MATTER AND NOW comes the Plaintiff, M.S.G. Associates, INC., who files this Answer to New Matter in response to Defendants' Answer to Plaintiff's Amended Complaint, and hereby answers as follows: 1-62.Plaintiff incorporates by reference paragraphs 1-62 in the Complaint, and the Defendant's answers thereto, as if fully set forth herein. 63. Denied. The allegations contained in Paragraph 63 are conclusions of law to which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure. 64. Denied. The allegations contained in Paragraph 64 are conclusions of law to which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure. 65. Denied. The allegations contained in Paragraph 65 are conclusions of law to which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure. 66. Denied. The allegations contained in Paragraph 66 are conclusions of law to which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure. 67. Denied. The allegations contained in Paragraph 67 are conclusions of law to which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure. 68. Denied. The allegations contained in Paragraph 68 are conclusions of law to which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure. 69. Denied. The allegations contained in Paragraph 69 are conclusions of law to which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure 70. Denied. The allegations contained in Paragraph 70 are conclusions of law to which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure. 71. Denied. It is believed that the location of the project was on Airport Drive. 72. Admitted in part, denied in part. It is admitted that Defendants and Plaintiff entered into an agreement. It is denied that the agreement was solely based on an oral agreement. Defendant and Plaintiff entered into a contractual relationship via verbal, written and normal trade practices. 73. Denied as stated. Although Defendant and Plaintiff agreed to do initial work for Four Thousand Dollars, Defendant agreed that Plaintiff should continue to do work on an hourly basis. 74. Denied. As alleged in the Amended Complaint, Defendants and Plaintiff agreed that Plaintiff should do additional work to complete the project. 2 75. Denied. As alleged in the Amended Complaint, Defendants and Plaintiff agreed that Plaintiff should do additional work to complete the project. 76. Admitted in part, denied in part. Admitted that Plaintiff submitted the information for Defendants to prepare a change order to be submitted to EHI. All other averments are denied and strict proof demanded at trial. WHEREFORE, Plaintiffs respectfully request the Honorable Court enter judgment for Plaintiff in accordance with the demands listed in the Amended Complaint. Date: 11 I'-� / Stone,Duncan & Linsenbach,P.C. 4/P7C- Alina M. Dusharm, Esq. Attorney I.D.No.309861 8 North Baltimore Street Dillsburg,PA 17109 Ph: 717-432-2089 Fx: 717-432-0158 Attorney for Plaintiff 3 CERTIFICATE OF SERVICE I, Alina M. Dusharm, Esq., do certify that I have served a copy of Plaintiff's Answer to New Matter 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/ L\ - , Alina M. Dush.1 , 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 r LU-L 'FI.:: THE FRoTHw! Ai. 21iOOT-3 F 2: CUMB.EP,LA',!D COL ` Y L.lv1,�J 1 tyi'.If'4 COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA M.S.G. Associates, Inc., Plaintiff v. CIVIL ACTION - LAW Flynn Group, LLC, and Realty Management, Inc. Defendants, NO. 2013-3934 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 Plaintiff, MSG Associates, Inc. 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 Plaintiff for over one year. 4. Plaintiff has failed to pay Petitioner's agreed upon invoices pursuant to a lawfully entered fee engagement letter after repeated attempts to satisfy said debt. WHEREFORE, Duane P. Stone, Esquire, requests leave of Court to withdraw his and his firms appearance as counsel of record for MSG Associates, Inc. in the above - captioned case. Date: October 1, 2014 STONE, DUNCAN INSENBACH, 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 STONE, DUNCAN & LINSENBACH, PC 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: al l• 20 / Duane P. Stone, Esquire COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA M.S.G. Associates, Inc., Plaintiff v. Flynn Group, LLC, and Realty Management, Inc. Defendants, c-) CIVIL ACTION - LAW mm ' 23 NO. 2013 -3934 -<r - v c7 3y :6' KV 6- 130,11N ORDER MOTION TO WITHDRAW AS COUNSEL qth AND NOW, this t 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 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 the Plaintiff is 6695 Sullivan Trail, Suite 201, Wind Gap, Pennsylvania 18091.. IES YT2 :1'clC, 5l )C ggaatt 144.1..0 P2 9a- Arrccids, /ofQ//y n1 BY THE COURT,