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HomeMy WebLinkAbout13-6872 Supreme Co ennsylvania Cout oucohirno ,Pleas For Prothonotary Use Only: _, . E, Cb i1 t" S 1 Ile Docket No: CurCiiberlarld' County The information collected on this form is used solely for 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. Commencement of Action: S ❑x Complaint ❑ Writ of Summons ❑ Petition E ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking .' C Lead Plaintiff's Name: Lead Defendant's Name: T Dennis Albright DDG Construction, Inc. : Dollar Amount Requested: Qwithin arbitration limits I Are money damages requested? Yes ❑ No (check one) []outside arbitration limits 0 N, Is this a Class Action Suit? ❑ Yes El No Is this an MDJAppeal? ❑ Yes 1] No A Name of Plaintiff /Appellant's Attorney: David A. Baric, Esquire ❑ Check here if you have no attorney (are a Self- Represented (Pro Sel 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 ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑x Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept. of Transportation ❑ Premises Liability ❑ Statutory Appeal: Other S ❑ Product Liability (does not include ❑ Employment Dispute: E mass tort) ❑ Slander/Libel/ Defamation Discrimination C ❑ Other: ❑Employment Dispute: Other ❑Zoning Board T , ❑ Other: I ` ❑ Other: 0 MASS TORT ❑ Asbestos N rl Tobacco ❑ Toxic Tort - DES ❑ Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ ED Ejectment ❑Common Law /Statutory Arbitration Other: B ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord /Tenant Dispute ❑ Non - Domestic Relations ❑ Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto ❑ Dental ❑ Partition ❑ Replevin © Legal ❑ Quiet Title ❑ Other: ❑ Medical ❑ Other: ❑ Other Professional: Updated 1/1/2011 DENNIS ALBRIGHT IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW DDG CONSTRUCTION, INC. Defendant. NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court, your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 `' - ;,!: x (717) 249 -3166 < > CXi ^ 7`, DENNIS ALBRIGHT IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. NO. CIVIL ACTION -LAW DDG CONSTRUCTION, INC. Defendant. COMPLAINT NOW, comes Plaintiff, Dennis Albright, by and through his attorneys, BARIC SCHERER LLC, and files the within Complaint and, in support thereof, sets forth the following: 1. Plaintiff, Dennis Albright ( "Albright ") is a concrete contractor with a principal residence of 19 Marilyn Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant, DDG Construction, Inc., ( "DDG ") is a Maryland corporation with a principal place of business located at 51 Monroe Street, Suite 706, Rockville, Maryland 20850. 3. On or about July 1, 2013, Albright provided a bid to DDG for 1500 lineal feet of curbing in the amount of $15.00 per lineal feet. 4. On or about July 2, 2013, DDG requested that Albright perform the concrete work at 1152 Harrisburg Pike, Carlisle, Cumberland County, Pennsylvania, which project was also known as the Holiday Inn Express in Carlisle, Pennsylvania ( "Project "). 5. On or about July 2, 2013, DDG, through its authorized agent, Daniel C. Fiorenza, executed a Subcontract Agreement with Albright for concrete work for the Project in the amount of Fifteen Thousand and 00 /100 ($15,000.00) Dollars (the "Agreement "). A true and correct copy is attached hereto as Exhibit "A" and incorporated herein by reference. 6. Thereafter, Albright performed the requested services, additional services and supplied additional materials for the Project. 7. On or about September 19, 2013, Albright sent an invoice to DDG for the services and materials provided for the Project in the amount of Forty -One Thousand and 00 /100 ($41,629.00) Dollars. A true and correct copy of the invoice is attached as Exhibit "B" and incorporated herein by reference. 8. To date DDG has failed to make any payments. 9. On or about October 8, 2013, Holiday Inn Expres, the owner of the property made a payment in the amount of Twenty -One Thousand and 00 /100 ($21,000.00) Dollars in exchange for a release of mechanics lien claim against the property. 10. Albright reserved his right to pursue claims against DDG in said Release. 11. The balance due is Twenty Thousand Six Hundred Twenty -Nine and 00 /100 ($20,629.00) Dollars. 12. All conditions precedent to recovery under the contract have been fulfilled. COUNT I- BREACH OF CONTRACT ALBRIGHT. v. DDG CONSTRUCTION, INC. 13. Plaintiff incorporates by reference paragraphs one through twelve as though set forth at length. 14. Demand has been made upon DDG to pay the outstanding invoice. 15. DDG has, without justification, refused to pay the outstanding invoice. 16. DDG has breached the Agreement between the parties whereby DDG agreed in writing to pay Albright for the labor and materials it supplied at the request of DDG. 17. As a direct and proximate result of this breach, Albright has been damaged by not being paid the sum of Twenty Thousand Six Hundred Twenty -Nine and 00 /100 ($20,629.00) Dollars. WHEREFORE, Plaintiff requests judgment be entered in its favor and against Defendant for the sum of $20,629.00 plus attorney fees, costs, expenses and interest as provided for in the Agreement. COUNT II- VIOLATION OF THE CONTRACTORS AND SUBCONTRACTORS PAYMENT ACT ALBRIGHT v. DDG CONSTRUCTION, INC. 18. Plaintiff incorporates by reference paragraphs one through seventeen as though set forth at length. 19. The Project is a thirty (30) unit hotel development. 20. After providing the invoice attached as Exhibit "B ", Albright received no notice of deficiency in its work from DDG. 21. Albright has performed under the terms of its contract with DDG. 22. At least fourteen (14) days have elapsed since the invoice attached as Exhibit "B" was provided to DDG. 23. The Contractor and Subcontractor Payment Act provides for the recovery of reasonable attorney fees and expenses. 24. The Contractor and Subcontractor Payment Act provides for the recovery of interest at the rate of I% per month on the balance owed after the expiration of fourteen (14) days from the date of receipt of an invoice. 25. The Contractor and Subcontractor Payment Act provides for the recovery of a penalty of I% of the balance owed in addition to the other remedies and damages permitted under the Act. WHEREFORE, Plaintiff requests judgment in its favor and against DDG as follows: a) the sum of $20,629.00; b) interest of $309.60 calculated from October 4, 2013 through November 18, 2013 with a per diem of $6.88 thereafter; C) a penalty of $206.29 and d) costs, expenses of this action and an award of reasonable attorney fees all in an amount not in excess of the limits for compulsory arbitration. COUNT III - QUANTUM MERUIT ALBRIGHT v. DDG CONSTRUCTION, INC 26. Plaintiff incorporates paragraphs one through twenty -five as though set forth at length. 27. Albright provided DDG with the benefit of Albright's labor and materials in the completion of the concrete work for the Project. 28. The invoice attached as Exhibit "B "sets forth the reasonable value of the benefit so conferred upon DDG by Albright. 29. By refusing to pay the invoices, DDG has been unjustly enriched by retaining the benefit of the work and materials without making payment therefor. WHEREFORE, Plaintiff requests that judgment be entered in its favor and against the Defendant for the sum of $20,629.00 plus costs and expenses. Respectfully submitted, BAI IC SCHERER LLC l r David A. Baric, Esquire I.D. 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249 -6873 Attorney for Plaintiff VERIFICATION The statements in the foregoing Complaint are based upon information which has been assembled by my attorney in this litigation. The language of the statements is not my own. I have read the statements; and to the extent that they are based upon information which I have given to my counsel, they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsifications to authorities. DATE: 6 ` Dennis Albright SUBCONTRACT AGREEMENT Holiday Inn Express, Carlisle PA Denis Albright Concrete Contractor Attention: Denis Albright 19 Marilyn Drive Carlisle, PA 17013 (717) 677 -8841 THIS AGREEMENT is made this First 2 nd day of July, 2013, by and between DDG Construction, Inc. (Contractor) and Dennis Albright Concrete Contractor (Subcontractor). The work described in Section 1 below shall be performed in accordance with the Subcontract Documents described in Section 3. SECTION 1— SCOPE: Subcontractor agrees to furnish all labor, tools, equipment and other incidentals required to perform the following work: DDG Construction will provide concrete only to Dennis Albright Concrete Contractor to set, form, pour, and finish all curbing at 1152 Harrisburg Pike Carlisle, PA. The approximate lineal feet of this job will be 15001f, however, Dennis Albright Concrete Contractor agrees to complete all curbing for the building regardless of the actual measured value so long as DDG Construction Inc. provides the material (concrete). The project is to take no longer than 8 calendar days. SECTION 2 — PRICE: The Contractor shall pay the Subcontractor for strict performance of the Subcontract work in the sum of: Fifteen _ Thousand Dollars and Zero Cents ($15,000.00), which includes all applicable taxes, subject to additions and deductions as may be directed in writing by Contractor. SECTION 3 - ENTIRE SUBCONTRACT: The Subcontract Documents consist of: (1) this Agreement; (2) the Prime Contract documents insofar as they relate in any way, directly or indirectly, to the work covered by this Subcontract Agreement; (3) other documents referenced in Section 25 of this Agreement; and (4) Modifications to this Agreement issued after its execution. These form the Subcontract, and are as fully a part of the Subcontract as if attached to this Agreement or repeated herein. Subcontractor certifies that it has carefully examined the Subcontract Documents and is fully familiar with all of the terms and conditions thereof and has fully acquainted itself with job site .conditions. Subcontractor assumes full and complete responsibility for all conditions relating to the work, the site and its surroundings, and all risks in connection therewith. This document represents the entire and integrated agreement between the parties hereto and supersedes any prior oral or written representations. No changes, amendments..or modifications of the terms hereof shall be valid unless reduced to writing and signed by both parties hereto. Waiver by Contractor of any breach of any provision of this Subcontract Agreement by Subcontractor shall not constitute a waiver of any other or future breach of the same or any other provision. SECTION 4 - PAYMENT SCHEDULE: From progress payments received by Contractor from Owner under the Prime Contract, Contractor shall, within fifteen (15) days after Contractor receives any such payment, pay to Subcontractor an amount equal to the percentage as completed actual based on submitted invoices /pay requisitions and approved by the Contractor and bank inspector, for work done hereunder during the period covered by it and for which Contractor has received payment. Final payment to Subcontractor shall be made within thirty -five (35) days after final completion and acceptance of the entire work in writing by the Owner or his Agent and Contractor, with funds received by Contractor from Owner in final payment for work under the Prime Contract. The acceptance by Subcontractor of final payment hereunder shall constitute a release by Subcontractor in favor of Contractor and its surety of all claims against Contractor and its surety. Subcontractor shall provide, as a condition precedent to final .payment, conditional and unconditional lien waivers and releases from those materialmen and Subcontractors claiming through Subcontractor. Contractor may, at its option, make any payment or portion thereof by joint check payable to Subcontractor and any of its subcontractors, suppliers EXHIBIT "A" and /or materiatmen. Contractor's actual receipt of each progress payment, final payment or other payment from the Owner shall be a condition precedent to any obligation of Contractor to make any progress payment, final payment or any other payment to Subcontractor, or to pay for extra or changed work or any claim for additional compensation or damages claimed by reason of acts or omissions of Owner. Payments otherwise payable hereunder may be withheld in whole or in part by Contractor on account of: (1) defective materials or work not remedied, missing materials not furnished or cleanup not performed; (2) claims filed or reasonable evidence indicating probable filing of claims by unpaid suppliers of labor, services, materials or equipment to Subcontractor of for unpaid taxes or union trust funds; (3) reasonable doubt that Subcontractor can complete the Subcontract work within the time required or for the balance of the Subcontract Price then unpaid; (4) damage to another subcontractor and /or Contractor; (5) unsatisfactory prosecution of Subcontract work; (6) failure to deliver any required "as- built" drawings, written guarantees or warranties; (7) failure to obtain the approvals required by any authority having jurisdiction over Subcontractor's scope of work (8) failure to provide Certificates of Insurance or Subcontract bond acceptable to Contractor; or (9) failure of Subcontractor to cure any default or to perform any term required by it to be performed hereunder. If the foregoing conditions are removed to Contractor's satisfaction, the withheld payments shall promptly be made. If such conditions are not so removed, Contractor may on forty -eight (48) hours' notice to Subcontractor take such steps as in its judgment may be required to rectify the same and all costs and expenses incurred by Contractor shall be paid by Subcontractor or be credited against payments otherwise payable to Subcontractor hereunder. SECTION 5 = TIME: Time is of the essence of this Agreement. Subcontractor shall commence work immediately upon being notified by Contractor, shall perform field work at such points as Contractor may from time to time designate, and shall conform to Contractor's duration schedule and detailed schedules and all revisions or changes made thereto. Subcontractor shall prosecute its work in a prompt and diligent manner without delaying or hindering Contractor's work or the work of other contractors, subcontractors, and Contractor in a manner that will facilitate the efficient and timely completion of the entire Work. SECTION 6 — DELAY: In the event that Subcontractor's work is delayed for any reason beyond Subcontractor's control, including acts of the Contractor, Subcontractor's sole remedy shall be an extension of time equal to the period of delay, provided Subcontractor has given Contractor written notice of the commencement of delay within 48 hours of its occurrence. If Contractor, in its sole discretion, seeks compensation from the Owner as a result of any delay, Subcontractor shall be entitled to an equitable portion of any amount recovered by Contractor, minus an equitable share of the cost of pursuing said claim. SECTION 7 - CHANGES IN THE WORK: Subcontractor shall make no changes in the work described in the Subcontract Documents unless so directed by the Contractor in writing. Subcontractor shall not be compensated for any change which is made without such written direction. No changes in the work covered by this Agreement shall exonerate any surety on any bond given in connection with this Agreement. SECTION 8 — CLAIMS: In the event of a dispute between Contractor and Subcontractor regarding performance of the work, or any alleged change in the work, Subcontractor shall timely perform the disputed work and shall give written notice of a claim for additional compensation within ten (10) days after commencement of the disputed work. Subcontractor's failure to provide such written notice constitutes an agreement by Subcontractor to waive all rights to extra compensation for the disputed work. SECTION 9 - DAMAGES CAUSED BY SUBCONTRACTOR DELAYS: If Subcontractor defaults in performance of the work described in Section 1 or otherwise commits any act which causes delay to the Prime Contract work, Subcontractor shall be liable for all losses, costs, expenses, liabilities and damages, including without limitation, consequential damages and liquidated damages, sustained by Contractor, or for which Contractor may be liable to Owner or any other party due to Subcontractor's default. SECTION 10 — BONDS: When Contractor so elects, Subcontractor shall furnish to the Contractor Labor and Materials Payment and Performance Bonds in such form as shall be specified by Contractor, and executed by a corporated surety satisfactory to Contractor. SECTION 11— LIENS: Subcontractor shall promptly pay or discharge in full or provide adequate security for the payment of all claims of any persons, union trust funds, firms or corporations furnishing or claiming to have furnished labor, materials, tools, equipment, or incidentals used in, upon or for Subcontractor's work. If suit on such claim is brought, Subcontractor shall defend said suit at his own cost and expense, and.will pay and satisfy any such lien or judgment as may be established by the decision of the court in said suit. Subcontractor agrees within ten (10) days after written demand, to cause the effect of any suit, lien or Stop Notice to be removed from the premises. SECTION 12 - INSPECTION AND CORRECTION: Subcontractor shall make the work accessible at all reasonable times for inspection by the Contractor. Subcontractor shall inspect all material and equipment provided by others to be used in, or incorporated into, Subcontractor's work and give Contractor prompt notice of any defect therein. Subcontractor assumes full responsibility to protect the work done hereunder until final acceptance by the Owner or his Agent and Contractor. If any part of Subcontractor's work or materials are determined by Owner, Contractor or governing authorities to be improper or defective, either during performance of the work or on or before final inspection or during any applicable guarantee period, Subcontractor shall, upon written notification by Contractor, immediately and at its own expense, correct all such defective material and workmanship. SECTION 13 - LABOR RELATIONS: Subcontractor shall maintain labor relations policies in conformity with the directions of the Contractor and shall comply with those labor agreements applicable to the work performed under this Agreement. Subcontractor and its subcontractors and nonexempt suppliers shall comply with all equal employment opportunity and affirmative action requirements of the Prime Contract or of any governmental authority, including the Civil Rights Act of 1964. SECTION 14 - RECOURSE BY CONTRACTOR, DEFAULT, TERMINATION: If Subcontractor fails to commence work at the time required, or fails to properly and diligently prosecute the work covered by this Agreement or make the progress required, or fails to correct or replace any damaged or defective work or materials, or is otherwise guilty of a breach of a provision of this Agreement and fails within forty-eight (48) hours after receipt of written notice to commence and satisfactorily continue correction of such default with diligence and promptness, then Contractor, at its option and in addition and without prejudice to any other rights or remedies afforded herein or by law, shall have the right to take any action it deems necessary to correct Subcontractor's default. Advance notice shall not be required in the event of any emergency affecting the safety of persons or property. If Subcontractor fails to commence and satisfactorily continue correction of a default within forty -eight (48) hours after receipt by Subcontractor of the notice issued hereunder, then Contractor may terminate Subcontractor's right to perform under this Agreement and may use any materials, equipment or tools furnished by or belonging to Subcontractor to complete Subcontractor's work without further compensation to Subcontractor for such use. Contractor also may furnish those materials and equipment and /or employ such workers or subcontractors as Contractor deems necessary to maintain the orderly progress of the work. SECTION 15 — INDEMNIFICATION: To the fullest extent permitted by law, Subcontractor shall indemnify and save harmless Owner and Contractor, including their officers, agents, employees, affiliates, parents and subsidiaries, sureties and each of them, of and from any and all claims, demands, causes of action, damages, costs, expenses, actual attorneys' fees, losses or liability, in law or in equity, of every kind and nature whatsoever arising out of or in connection with Subcontractor's operations to be performed under this Agreement. Subcontractor's obligations hereunder shall not be limited by the Insurance requirements set forth in Section 16 and shall apply regardless of any active and /or passive negligent act or omission of 'Owner or Contractor or their agents or employees or independent contractors who are directly responsible to Owner or Contractor. SECTION 16 — INSURANCE: Prior to commencement of any operations by or on behalf of Subcontractor under this Agreement and at its sole expense, Subcontractor shall procure and maintain insurance in amounts acceptable to Contractor and as required by the Prime Contract, including but not limited to at least the following coverages: (a) Workers' Compensation and Employer's Liability Insurance - statutory amount; (b) Comprehensive General Liability or Commercial General Liability - $1,000,000; and (c) Automobile Liability Insurance - $1,000,000, including coverage for all owned and non -owned vehicles. Subcontractor shall provide Certificates of Insurance to Contractor which shall name Contractor and Owner as additional insured's and provide that coverage is primary and any coverage held by Contractor and Owner is excess and non - contributory. SECTION 17 - CLAIMS RESOLUTION PROCEDURE: All claims, disputes and matters in question arising out of or relating to this Agreement or the breach thereof, except for claims which have been waived by the making or acceptance of final payment or the failure to provide notice, shall be decided by the claim procedure specified in the Prime Contract. This Agreement shall be governed by and construed in accordance with the laws of the State of Pennsylvania. SECTION 18 —WARRANTY: Subcontractor warrants to Owner and Contractor that the materials furnished and the work performed will strictly comply with the Subcontract Documents and shall be satisfactory to Owner and Contractor. Subcontractor further guarantees its work to such extent and for such time as may be specified in the Prime Contract but in no event for less than one (1) year. Subcontractor warrants that all materials and equipment furnished shall be new unless otherwise specified and that all work under this Agreement shall be of good quality, free from faults and defects and fit for its intended use. SECTION 19 - ASSIGNMENT AND SUBLETTING: Subcontractor shall not subcontract, assign or transfer this Subcontract Agreement or any part thereof without the written consent of Contractor. SECTION 20 - INDEPENDENT CONTRACTOR: Subcontractor is an independent contractor and not an agent of Contractor and represents that it is licensed, equipped, organized, financed, fully experienced and properly qualified to perform the Subcontract work. SECTION 21- CLEAN -UP: At all times during the course of construction, Subcontractor shall maintain its work areas in a clean, safe and orderly condition. Upon completion of its work, Subcontractor shall remove from the site all unused or excess materials, temporary structures, debris and waste incident to its operations and clean all surfaces, fixtures and equipment. SECTION 22 - SHOP DRAWINGS, PRODUCT DATA AND SAMPLES: Subcontractor shall timely furnish all shop drawings, product data and samples required by the Subcontract Documents for the complete installation of the Subcontract work. Subcontractor shall perform no portion of the Subcontract work requiring the review and approval of submittals until approval of the respective submittal. SECTION 23 — NOTICES: Notices hereunder shall be in writing and may be served personally on a party's designated representative at the job site, by email, fax or by mail. SECTION 24 - CONTRACTOR'S LICENSE: WHERE APPLICABLE TO THE TRADE, CONTRACTORS ARE REQUIRED BY LAW TO BE LICENSED AND REGULATED BY THE CONTRACTOR'S STATE LICENSE BOARD WHICH HAS JURISDICTION TO INVESTIGATE COMPLAINTS AGAINST CONTRACTORS IF A COMPLAINT REGARDING A PATENT ACT OR OMISSION IS FILED WITHIN FOUR YEARS OF THE DATE - QF THE ALLEGED VIOLATION. A COMPLAINT REGARDING A LATENT ACT OR OMISSION PERTAINING TO STRUCTURAL DEFECTS MUSTBE FILED WITHIN TEN YEARS OF THE DATE OF THE ALLEGED VIOLATION. SECTION 25 - ADDITIONAL TERMS: (including unit pricing if applicable) Attached hereto are any additional terms and conditions as set forth as Exhibits to the Subcontract Agreement, which are included herein by reference. Exhibit 'A' — Subcontractor Proposal Exhibit'B' — Index of Drawings Exhibit 'C' — Scope of Work IN WITNESS WHEREOF, the parties hereto have executed this Subcontract Agreement by their proper officers or duly authorized agents as of the date and year first above written. Dennis Albright Concrete Contractor Contracto (you) BY BY 4 (/ L — / (Signature) (Signature) r� (Printed Name /Title) (Printed Name /Title) 71 *Z.o 1 --T (Date) (Date) (Subcontractor's License No. and Classification) (Contractor's License No.) i i i I i Dennis Albri J `'ht Concrete Contractor Free Estimates • Prompt Service Reasonable Rates 19 Marilyn Dr. Carlisle, PA 17013 _ q • 73 (717) 677 -8841 J.J 7 _ Ar `f /Y fit .�,, 6-.,� .�'Je� rc,�•a.- 'a...� . 9'7 .ems o 'D cJd / EXHIBIT "B" SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson FI'L :. '" __'f"l E Sheriff r ( - i iE PROTHONC }A ;` vow��cash irr;xr Jody S Smith , fit, 2013 DEC _6 P 12: Chief Deputy 3 Richard W Stewart CUMBERLAND COUNTY Solicitor orc , 0"T r.SP.ERIP PENNSYLVANIA Dennis A Albright vs. Case Number DDG Construction 2013-6872 SHERIFF'S RETURN OF SERVICE 11/20/2013 Ronny R Anderson, Sheriff, who being duly sworn according to law, states that he served the within Complaint& Notice upon the within named defendant, DDG Construction, in the following manner: On November 20, 2013 the Sheriff mailed by certified mail, return receipt requested a true and correct copy of the within Complaint& Notice to the defendant's last known address of 51 Monroe Street, Suite 706, Rockville, MD 20850. The certified mail return receipt card was received by the Cumberland County Sheriffs Office signed byJAl V. Diesai, adult in charge on November 22, 2013. SHERIFF COST: $34.51 SO ANSWERS, December 02, 2013 RONNYR ANDERSON, SHERIFF • • (c)CountySuito Sheriff,Toleosoft,Inc. SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Signs i' 0 Agent item 4 if Restricted Delivery is desired. %p41, ❑Addressee • Print your name and address on the reverse r+i1i so that we can return the card to you. ! p nted cName) C. D. a of•-livery ■ Attach this card to the back of the mailpiece, `C it i gie or on the front if space permits. 7 D. Is delivery address different from item 1 0 Y. 1. Article Addressed to: If YES,enter delivery address below: 0 No . DDG Construction j °I 3 le'g7c) /inii 51 Monroe Street, Suite 706 s. Service Type Rockville, MD 20850 - ` ❑Certified Mail 0 Express Mail ..,. _ j 0 Registered 0 Retum Receipt for Merchandise 0 Insured Mall 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article ansfer mbar ' 7007 0710 0003 2210' 4853 j . (Transfer from service labs° .�.._.-_ _-_ — 4 ..._', i PS Form 3811,February 2004 Domestic Return Receipt lo2s95-o2-M-1540 DENNIS ALBRIGHT IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2013-6872 CIVIL TERM CIVIL ACTION -LAW DDG CONSTRUCTION, INC. Defendant. PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Kindly mark the above -captioned action as settled and discontinued with prejudice. Respectfully submitted, Date: June 17, 2014 David A. Baric, Esquire I.D. # 61974 19 West South Street Carlisle, PA 17013 (717) 249-6873 Attorney for Plaintiff CERTIFICATE OF SERVICE I hereby certify that on June 17, 2014, I, David A. Baric, Esquire of Baric Scherer LLC, did serve a copy of the Praecipe To Discontinue, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Diane M. Tokarsky, Esquire McNees, Wallace & Nurick, LLC 100 Pine Street P.O. Box 1166 Harrisburg, Pennsylvania 17108 David A. Baric, Esquire