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HomeMy WebLinkAbout06-0295LEON D. GERLACH and ARLENE E. GERLACH, Plaintiffs V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006- ?7S CIVIL J. A. FIRESTONE CONSTRUCTION, CIVIL ACTION -LAW J. A. FIRESTONE, INC., J. A. FIRESTONE CONSTRUCTION, INC. and JEFF A. FIRESTONE, JURY TRIAL DEMANDED Defendants PRAECIPE FOR WRITS OF SUMMONS TO THE PROTHONOTARY: Please issue a Writs of Summons upon Defendants J. A. Firestone Construction, J. A. Firestone, Inc„ J. A. Firestone Construction, Inc. and Jeff A. Firestone, located at 6490 Clearview Road, Dover, York County, Pennsylvania 17315. SNELBAKER & BRENNEMAN, P. C. BY LAW OFFICES SNELBAKER & BRENNEMAN, P.C. Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA ] 7055 (717) 697-8528 Date: January 13, 2006 Attorneys for Plaintiffs TO: J. A. Firestone Construction, J. A. Firestone, Inc., J. A, Firestone Construction, Inc. and Jeff A. Firestone, Defendants YOU ARE HEREBY NOTIFIED that Leon D. Gerlach and Arlene E. Gerlach have commenced an action against you. /S% Date: n . /3, ' 7weva By: ?, , ., r ? ? ? ? l i? ? c?\ `? N ? ? ? ?. ?? 4:. ?"?: ?. ?. ?i r? -, ? ? ?,. ,? ,? SHERIFF'S RETURN - OUT OF COUNTY -''ASE NO: 2006-00295 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GERLACH LEON D ET AL VS J A FIRESTONE CONSTRUCTION R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT J A FIRESTONE CONSTRUCTION but was unable to locate Them deputized the sheriff of YORK serve the within WRIT OF SUMMONS County, Pennsylvania, to On January 30th , 2006 , this office was in receipt of the attached return from YORK Sheriff's Costs: So answe a Docketing 18.00 Out of County 9.00 Surcharge 10.00 R Thomas Kline Dep York County 55.90 Sheriff of Cumberland County Postage 1.17 94.07 01/30/2006 SNELBAKER & BRENNEMAN Sworn and subscribed to before me this 3l,F day of 3ayG D. Protho y to wit: in his bailiwick. He therefore SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006-00295 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GERLACH LEON D ET AL VS J A FIRESTONE CONSTRUCTION ETA R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: J A FIRESTONE INC but was unable to locate Them deputized the sheriff of YORK serve the within WRIT OF SUMMONS County, Pennsylvania, to On January 30th , 2006 , this office was in receipt of the attached return from YORK Sheriff's Costs: So answe Docketing 6.00 Out of County .00 ?- Surcharge 10.00 R. Thomas Kline .00 Sheriff of Cumbe rland County .00 16.00 01/30/2006 SNELBAKER & BRENNEMAN Sworn and subscribed to before me this . 3),?t day of ?YDI> A.D. P onot? y in his bailiwick. He therefore SHERIFF'S RETURN - OUT OF COUNTY 'CASE NO: 2006-00295 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GERLACH LEON D ET AL VS J A FIRESTONE CONSTRUCTION R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT J A FIRESTONE CONSTRUCTION INC but was unable to locate Them in his bailiwick to wit: He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within WRIT OF SUMMONS On January 30th , 2006 , this office was in receipt of the attached return from YORK Sheriff's Costs: So answesxs Docketing 6.00 Out of County .00 Surcharge 10.00 R. Thomas Kline .00 Sheriff of Cumberland County .00 16.00 01/30/2006 SNELBAKER & BRENNEMAN Sworn and subscribed to before me this 3(A+ day of ?2 aD Ir A rothgi ary SHERIFF'S RETURN - OUT OF COUNTY 'CASE NO: 2006-00295 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GERLACH LEON D ET AL VS J A FIRESTONE CONSTRUCTION ETA R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: FIRESTONE JEFF A but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within WRIT OF SUMMONS On January 30th , 2006 this office was in receipt of the attached return from YORK Sheriff's Costs: So answ -- /?? Docketing 6.00 Out of County 00 l?. Surcharge 10.00 R. Thomas Kline .00 Sheriff of Cumberland County nn 1 V V V 01/30/2006 SNELBAKER & BRENNEMAN Sworn and subscribed to before me i this 3i,a1- day of,, Pcc(. A. Prothgn ary / a F 1 of 4 COUNTY OF YORK OFFICE OF THE SHERIFF S(R;' 719 01 45 N. GEORGE ST., YORK, PA 17401 SHERIFF SERVICE INST§MTIONS PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY L W 1 THM 12 0O NOT DETACH ANY COPES 1 PLAINTIFF/S/ 2 COURT NUMBER Leon D. Gerlach et al 06-295 civil neccuneuTrcr 4. TYPE OF WRIT OR COMPLAINT W O S U M JA Firestone Construction et al I Writ of Sermons SERE 5 NAME OF INDIVIDUAL. COMPANY, CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED. OR SOLD JA Firestone Construction 6 ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO, CITY, BORO, TWP . STATE AND ZIP CODE) AT 6490 Clearview Road Dover, PA 17315 7. INDICATE SERVICE I] PERSONAL ? PERSON IN CHARGE 4111 DEPUTIZE '-1 RT MAI a 1ST CLASS MAIL U POSTED 'L+ U1 HER January 20 NOW , 20 I, SHERIFF OF'7?f< COUNTY, PA, do hereby deputize the sheriff of York COUNTY to execute thi 0( ee return the f cording to law. This deputization being made at the request and risk of the plaintiff SHERIFF Ord COUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE 0 U T 0 F r aTl COUNTY Please mail return of service to Ctunberland County Sheriff. Thank you. ADVANCE FEE PAID BY CUMBERLAND COUNTY SHERIFF NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy shenft levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment. without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriffs sale thereof 9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATURE K E I T H 0. B R E N N E M A N 10. TELEPHONE NUMBER t 1. DATE FILED 44 WEST MAIN ST, MECHANICSBURG, PA 17055 717-697-8528 1/13/2006 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW. (This area must be completed it notice is to be mailed) cumberland county sheriff arIll DILLUIRI Inure ux Ur ire W=Klrr - w IWI lnmre CieLVVr Irim uc 13. 1 acknowledge receipt of the writ 1114. DATE RECEIVED 15. Expiration/Hearing Dale complaint a ht indicated above m i m c g i l l v c s o / 17 / 0 6 12/12/2006 16. HOW SERVED: PERSONAL ( ) RESIDENCE ( ) POSTED( ) POE ( ) SHERIFF'S OFFICE OTHER ( ) SEE REMARKS BELOW 17. O 1 hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc. named above. (See remarks below.) 18 TIT J(?F INDIV AL SERVED / LIST ADDRESS HERE IF/Ip/?' SHOVV ABOVE (Relationship to Defendant) 19. Date of Service 20 Time of Service Date I Time I Miles I Int I Date I Time I Miles Dale I Time I Miles I Int. 22. REMARKS: 23. Advance Costs 24 Service Costs 25 N/F 26. Mileage 27. Postage 28. Sub Total 29. Pound 30 Notary 31 Surchg. 32. Td. Costs 33 fgsls Du elunU hec(r No 1bU.UU II IV ,-IQJ 1 1,1'7 - //, c.v ?• yv - .yv r 1 34. Foreign County Cosh 35. Advance Costs 36. Service Costs 37. Notary Cert . 38. M4eage/Postagii Found 39. Total Costs 40 Casts Due or Refund S t h ANSNIERS ?1. AFFIRMED and subscribed to Del re a this ?/) 42. day of Jan 20 0 `V3. AM N. Signature of Dep. Sheriff 45 ATE / ?{?-6 (c --l---- MMONVVEALTH OF {NOTARY -----?.?_?LVANIA NOTARIAL SEAL LISA L BO 46. Signature of York County Sheriff For LTilliam M Hose,Sheriff Ctlc?t - 7 DATE /25/06 . WMAN, NOTARY PUBLIC MY CITY OF YORK, YORK COUNTY 46 Signature of Foreign County Sheriff 49 DATE COUNTY OF YORK 2 of 4 ALL OFFICE OF THE SHERIFF S(R;';;9 45 N. GEORGE ST., YORK, PA 17401 SHERIFF SERVICE INSTRUCTIONS PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LINE 1 THRU 12 DO NOT DETACH ANY COPES 1 Leon D. Gerlach et al 3 JA Firestone Construction et al NUMBER 4 TYPE OF WHIT OR CUMYLAIN I W O S U M writ of Summons SERE 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC TO SERVE OR DE SCRIP IION Or PHUYtH IT IV tit LCVRU, AI .AlntU, vn a?w JA Firestone Inc 6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO, CITY, BORO. TWP STATE AND ZIP CODE) AT 6490 Clearview Road Dover, PA 17315 r?cp.iupi 7 INDICATE SERVICE U PERSONAL U PERSON IN CHARGE JINDEPUTIZE J. 'TT1nlT'1Pr' Land U 1ST CLASS MAIL U POSTED U OTHER NOW January 13 2006 I, SHERIFF OF VCM COUNTY, PA, do hereby deputiz t sheriff of York COUNTY to execute this Will Q e return the It r ing to law. This deputization being made at the request and risk of the plaintiff., -- SHERIFF OF uNTv 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SE4)ff¢ OF C O U N T Y Cunberland ADVANCE FEE PAID BY CUMBERLAND COUNTY SHERIFF Please mail return of service to Cumberland County Sheriff. Thank you. NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, abet notitying person of levy or attachment, without liability on the pan of such deputy or the sheriff to any plaintiff herein for any loss, destruction. or removal of any property before sheriffs sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY I ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER 11 . DATE FILED KEITH 0, BRENNEMAN 7_17-697-8528 1/13/2006 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW. (This area must be completed if notice is to be mailed) CUMBERLAND COUNTY SHERIFF -I Ova - -aa, into 4lca- nir Tut a.. _ M unT Y/OITG RC1 nw T4RS 1 mw 13. 1 acknowledge receipt of the writ 14. DATE RECEIVED 15. Expiration/Hearing Uale or complaint as indicated above. M J. M C G I L L Y C S O 1/ 17 / 2 0 0 6 / 12 ( 2006 16. HOW SERVED: PERSONAL ( ) RESIDENCE( ) POSTED( ) POE ( ) SHERIFF'S OFFICE ( OTHER( ) SEE REMARKS BELOW 17 . Cl I htlnby cobly and return a NOT FOUND because I am unable to locate the individual, company, etc. named above. (See remarks below.) _ (Relationship to D?e/endan 18. NAM T INDN AL SERVED f LIST ADDRESS E IF NOT SHOWN ABOVE 19. Dale of Service 20 Tirpe of Service ? LEST Sr ,.,Ic-F sec fG` 1 LQ Jfc o PTS -W Deli! F Ti Iles Int. Date Time Miles Date Time Miles Int Date I e Miles Int. Date Time Miles Int. Date Time Miles Int. J-P ?s? a? 22. REMARKS. 23. Advance Costs 24 Service Costs 25. N/F 26 Mileage 27. Postage 28 . Sub Total 29. Pound 30 Notary 31. Buralgi 32 Ta. Cools 33 Costs Due or Refund Check No. 34. Foreign County Costs 35. Advance Costs 36 Service Costs 37 Notary Cot 38 M8 Postage/Not Found 39. Total Costs 40 Costs Due or Refund G 5 SWERS t!1 AFFIRMED and subsc 0ed to before a this 41 " 45 DAT . 44. Signature of < . r` 42. day ' NMOPyI p. Sheriff V I L 46. Signature of York ?.y. L. ,r County Snuill 47. DATE LISA L. BOWh,N A ANOTAR Y PUBLIC CITY O uilliarfl P4' Hose Sheriff ot For > - ?2 T 6 _ F YORK, YORK COUNTY ? A E MY COMMISSION EXPIRES t aegn of F 48 a AUG. 12, 2000 my Sher iff C - _ ? I COUNTY OF YORK 3 of 4 OFFICE OF THE SHERIFF 45 N. GEORGE ST., YORK, PA 17401 2 COURT NUMBER SHERIFF SERVICE I INSTRUCTIONS PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LW 1 THRU 12 DO NOT DETACH ANY COPES 1 PLAINTIFF/C/ . 3 Leon D. Gerlach et al JA Firestone Construction et al 4 SERVICE CALL. (717) 771-9601 PSUM Writ of Summons SERVE 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED. OR SOLD JA Firestone Construction Inc 6. ADDRESS (STREET OR RFD WITH BOX NUMBER, APT NO, CITY, SORO, TWP. STATE AND ZIP CODE) AT 6490 Clearview Road Dover, PA 17315 7. INDICATE SERVICE' O PERSONAL U PERSON IN CHARGE DEPUTIZE '' 1?4?Fllillfil U 1ST CLASS MAIL U POSTED J OTHER NOW January 13 20 06 I, SHERIFF OF-V49 IIC COUNTY,_PA o hereby de ,ipihe sheriff of -- pO Yor COUNTY to execute t r?m I r rding to law This deputization being made at the request and risk of the plaintiff, ?' SHERIFF OF ]?17F000NTY a. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE Cumberland OUT OF COUNTY Please mail return of service to Cumberland County Sheriff. Thank you. ADVANCE FEE PAID BY CUMBERLAND COUNTY SHERIFF NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy shenff levying upon or attaching any property under within writ may leave same without a watchman, in wslody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriffs sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER ''DATE FILED Keith 0. Brenneman 717-697-8528 1/13/2006 NOTICE OF SERVICE bLLUW tints area must ce complete t a notice is CUMBERLAND COUNTY SHERIFF 23. Adva xue Costs 1 24 Service 26. Mileage 127. Postagel 2e Sub Total 129 . Pound 36 Service Costs 1 37 Notary Cen 138 . 41. AFFIRMED 42 day of me 39 Total Costs 1 40. Costs Due or Refund NOTARIAL t-" ` ' ..? Sgnagqwre of York 47. DATE LISA L. BOWAAAN, NOTARY PUBLIC For ,11111iaGl N -'OS2/SheTlff Z ./25/06 C> MY C CITY OF OMM1SSiON E YORKX YORK ?!RESAUG. COUNTY 12,2009 46. Signature of Foreign 49 DATE County Sheriff Td. Costs1 33 Costs Due or Refund No 13. 1 acknowledge receipt of the writ 14. DATE RECEIVED 15. Expiration/Hearing Date or complaint as indioted above. M J M C G I L L Y C S O 1/17/2006 12/12/2006 16. HOW SERVED: PERSONAL ( ) RESIDENCE ( ) POSTED( ) POE ( ) SHERIFF'S OFFICE ( OTHER ( ) SEE REMARKS BELOW 17. O I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc. named above. (See remarks below.) tE. NAMEJMIdr1T INDIVI SERVED /LIST ADDRESS HFRF IF NM SHONM AwnvF rw.t.r;,.ewa, e. rs.,.,,w...n .e n,,. .,. c_..-_.. ?e +..__ _. c__.._ A U COUNTY OF YORK 4 o d 4 ;9 OFFICE OF THE SHERIFF S(R ICALL 45 N. GEORGE ST., YORK, PA 17401 SHERIFF SERVICE WSTTFMTIONS PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LME 1 THM 12 DO NOT DETACH ANY COPIES 1. PLAINTIFFISI 2 COURT NUMBER Leon D. Gerlach et al --06-')95 Civil 3 DEfENDANTIS/ 4. TYPE OF WRIT OR COMPLAINT JA Firestone Construction et al Writ of Summons WOSUM SERE 5 NAME OF INDIVIDUAL. COMPANY CORPORATION. ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED. OR SOLD Jeff A. Firestone 6. ADDRESS (STREET OR RFO WITH BOX NUMBER. APT NO. CITY. BORO. TWP. STATE AND ZIP CODE) AT 6490 Clearview Road Dover, PA 17315 7 INDICATE SERVICE' U PERSONAL U PERSON IN CHARGE DEPUTIZE U CERT MAIL U 1ST CLASS MAIL U POSTED U OTHER NOW January 13 2026 I, SHERIFF O NTY, PA, do hereby deputize the sheriff of York COUNTY to execute this rake return tt ?p ccording to law. This deputization being made at the request and risk of the plaintiff., T SHERIFF OF VW COUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE r`I snhv -l anti ADVANCE FEE PAID BY CUMBERLAND COUNTY SHERIFF OUT OF COUNTY Please mail return of service to Cumberland County Sheriff. Thank you. NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any properly under within writ may leave same wihoul a watchman, in wstody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein lot any loss, destruction. or removal of any property before sheriffs sale thereof. 9. "Fla NAME and ADDRESS Ot ATTORNEY I ORIGINATOR and SIGNATURE 10. TELEPHUNENUMBER 11. UAIEHLEU KEITH 0. BRENNEMAN 17-697-8528 1/13/2006 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW. (This area must be completed d notice is to be mailed) CUMBERLAND COUNTY SHERIFF ACE BELOW FOR USE OF THE SFERFF - DO NOT WRITE BELOW TH8 LM 13. 1 acknowledge receipt of the writ 14 DATE RECEIVED 15. Expiration/Hearing Date or complaint as indicted above M J. M C G I L L Y C S O 11/17/2 0 06 / 12 / 2 0 0 6 16. HOW SERVED. PERSONAL V-' RESIDENCE ( ) POSTED( ) POE ( ) SHERIFF'S OFFICPt>r_ OTHER ( ) SEE REMARKS BELOW 17. O I hereby ceruty and retum ;NOT FOUND because 1 am unable to locale the individual, tympany, etc. named above. (See remarks below) 16. T 7 INDIVI Al SERVED I LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) . ? 19 Dale of Service 20 Time of Serv?w 21 Dtt Tithe Miles Int. Date Time Mlles Int. Da a rme Mdes Int. Dale Time Miles Int. Date Time Miles Int. Dale Tlme Miles tnt 1 /14 1 SO ?J •n 22. 23. Advance Costs 24. Serviw Costs 25. N/F 26 Mileage 27. Postage 28. Sub Total 29. Pound 30 Notary 71 Surchg. 32 Td. Costs 33 Costs Due or Refud Check No 34. Forsian Courdv Costa 35. Advanw Costs 36 Service Costs 37. Notary Cert . 38. M4eaoelBastaodNdl Found Total Costs T40 Costs Due or Refund 41. AFFIRMED and subscribed to berme this G J L C; 42 day of Ja[I 200643.1Z`+?Bg?Bg?? O MONWEALTy 'F!'tNNSYLVANIAY NOTARIAL SEAL AN. L BOWI4AN, NOTARY PUBLIC CITY OF YORK YORKCOUNT-Y 44. Signature of 45. DATE Dep. sherin "v y 46. Signature of York County Sheriff , L' 5'^ DATE For Uillialn P 1 Hose,Sheriii /25/06 48 Signature of Foreign 49 DATE County Sheriff Archer & Archer, P.C, By: Thomas A. Archer, Esquire 2515 North Front Street P.O. Box 5056 Harrisburg, PA 17110 LEON D. GERLACH and ARL E. : IN THE COURT OF COMMON PLEAS, GERLACH, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff's, V. DOCKET NO.: 2006-295-CIVIL J.A. FIRESTONE CONSTRUCTION, J.A. FIRESTONE, INC., J.A. FIRESTONE CONSTRUCTION, INC. and JEFF A. FIRESTONE, CIVIL ACTION - LAW Defendants. JURY TRIAL DEMANDED PRAECIPE FOR ENTRY-WITHDRAW OF APPEARANCE TO THE PROTHONOTARY: WMORAW OF APPEARANCE Kindly withdraw my appearance on behalf of Plaintiffs in the above-captioned matter. SNELBAKER & BRENNEMAN, P.C. Date: /9lAm- > 3 ;rya I By: Keith O. Brenneman, Esquire ENT*tY OF APPEARANCE Kindly enter my appearance on behalf of Plaintiffs in the above-captioned matter. ARCHER & ARCHER, P.C. Date: it By: Thomas A. Archer, Esquire CERTIFICATE OF SERVICE 1, Jessica. R Porter, Paralegal, hereby certify that on the date set forth below I served a true and correct copy of the foregoing Praecipe for Entry/Withdraw of Appearance upon the person(s) stated below, via U. S. First Class Mail, addressed as follows: Keith O. Brenneman, Esquire Snelbaker & Brenneman, P.C. 44 West Main Street Mechanicsburg, PA 17055 Jason B. Duncan, Esquire Law Offices of Duane P. Stone, P. C. 8 North Baltimore Street P.O. Box 696 Dillsburg, PA 19019 Date: April 15, 2009` d4igssica R. Porter, Paralegal i cn l (1 7 FT ??/ G,l Archer & Archer, P.C. By: Thomas A. Archer, Esquire 2515 North Front Street P.O. Box 5056 Harrisburg, PA 17110 I LEON D. GERLACH and ARLENE E. IN THE COURT OF COMMON P. GERLACH, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, V. DOCKET NO.: 2006-295-CIVIL J.A. FIRESTONE CONSTRUCTION, J.A. FIRESTONE, INC., J.A. FIRESTONE CIVIL ACTION -LAW CONSTRUCTION, INC. and JEFF A. FIRESTONE, JURY TRIAL DEMANDED Defendants. NOTICE TO PLEAD To: Jason B. Duncan, Esquire Law Offices of Duane P. Stone, P.C. 8 North Baltimore Street P.O. Box 696 Dillsburg, PA 19019 You are hereby notified to file a written response to the enclosed Compl; twenty (20) days from service hereof or a judgment may be entered against you. Date: June 9, 2009 By: Thomas A. Archer, Esq Atty ID No.: 73293 2515 North Front Stree PO Box 5056 Harrisburg, PA 17110 717-233-8676 I vithin Archer & Archer, P.C. By: Thomas A. Archer, Esquire 2515 North Front Street P.O. Box 5056 Harrisburg, PA 17110 LEON D. GERLACH and ARLENE E. GERLACH, Plaintiffs, V. IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO.: 2006-295-CIVI J.A. FIRESTONE CONSTRUCTION, J.A. FIRESTONE, INC., J.A. FIRESTONE CIVIL ACTION - LAW CONSTRUCTION, INC. and JEFF A. FIRESTONE, : Defendants. JURY TRIAL DEMANDED COMPLAINT Plaintiffs, Leon D. Gerlach and Arlene E. Gerlach ("the Gerlachs"), by through their undersigned counsel, Archer & Archer, P.C., state the following: 1. Leon D. Gerlach and Arlene E. Gerlach are married adult indivi residing at 305 West Shady Lane, Enola, Cumberland County, Pennsylvania 17025. 2. Defendant, Jeff A. Firestone, is an adult individual who, through information and belief, operates a construction business under the trade names of "J.A. Firestone Construction," "J.A. Firestone, Inc.," and/or "J.A. Firestone Construction, Inc." with a business address located at 6490 Clearview Road, Dover, York County, Pennsylvania 17315. 3. Defendant, J.A. Firestone Construction is, through information all d belief, a trade name under which Defendant, Jeff A. Firestone operates 1 construction business with a business address located at 6490 Clearview Road, Dover, York County, Pennsylvania 17315. 4. J.A. Firestone, Inc. is, through information and belief, a Pennsylvania business corporation operated and owned by Defendant, Jeff A. ireston with offices located at 6490 Clearview Road, Dover, York Cou ty, Pennsylvania 17315. 5. Defendant, J.A. Firestone Construction, Inc., is, through information and belief, either a Pennsylvania business corporation owned and operated by Defendant, Jeff A. Firestone, with business located at 6490 Cle -view Road, Dover, York County, Pennsylvania 17315. 6. The Pennsylvania Department of State maintains no record of a Pennsylvania business corporation under the name "J. A. Firestone Construction, Inc.," however, Defendant, Jeff A. Firestone regularly represents to others, including Plaintiffs, that he is the owner of incorporated business under that name. 7. For purposes of Plaintiffs Complaint, the Defendants are referre to individually and collectively as "Firestone" except where noted therwise 8. On or about June 20, 2003, the Gerlachs and one or more of the Defendants entered into a contract ("initial contract") for a major remolding at the Gerlachs home located at 305 West Shady Lane Enola, Cumberland County, Commonwealth of Pennsylvania 17025. Plaintiffs attach as Exhibit "A" and incorporate by reference a full and a rate copy of the initial contract as memorialized by and among the pa?ties. 2 9. The contract is signed by Jeff A. Firestone as "J.A. Firestone Construction," under letterhead purporting to be that of "J.A. Firestone Construction, Inc." 10. Firestone drafted the initial contract and all subsequent contract terms with the Plaintiffs. 11. The initial contract included a schedule of drawings obtained b Firestone, attached hereto and incorporated herein as Exhibit "B." 12. The total initial contract price is $83,580.60 for all work specifi d in the contract. 13. The Plaintiffs have made all payments to Firestone under the initial contract, less credits for allowances totaling $11,759.58. 14. In August 2003, the Plaintiffs agreed to have Firestone install a new roof on the Gerlach's home at an agreed price of $12,156.36. 15. The parties accordingly modified the contract and Firestone pre ared a written memorandum dated August 26, 2003 reflecting the work to be performed. Plaintiffs attach as Exhibit "C" and incorporate by reference a full and accurate copy of the August 26, 2004 memorandum as ended by Firestone. 16. Firestone amended the August 26, 2004 memorandum to include a heating system at a cost of $2,000.00 to Plaintiffs and further credited Plaintiffs in the amount of $2,500.00 for architect's fees. 17. Plaintiffs have paid all sums to Firestone under the August 26, 2004 memorandum, as amended. 3 18. 19 20 21 22. 23 24 On or about October 17, 2003 the Plaintiffs agreed to have Firestone remodel the kitchen in the Gerlach's home. Firestone prepared a bid memorandum regarding the kitchen remodel, modifying the contract. Plaintiff's unsigned copy of the October 17, 2003 kitchen remodel memorandum is attached hereto and incorporat d herein as Exhibit "D." Plaintiffs have substantially paid Firestone the full sum of the kitchen work in the October 17, 2003 kitchen remodel memorandum in he amount of $16,905.44. On or about January 23, 2004, Plaintiffs agreed to have Fireston perform additional work to be completed by Firestone at the Gerlach's home, the scope of which is memorialized in a memorandum drafted by Firestone, modifying the contract. Plaintiffs attach as Exhibit "B" and incorporate by reference a full and accurate marked-up copy of the January 3, 2004 memorandum. i The agreed upon consideration for the additional work addressed in the January 23, 2004 memorandum is $2,641.57. The Plaintiffs paid Firestone $1,641.57 for the work to be performed under the January 23, 2004 memorandum, after credits to Plaintiffs for items purchased by Plaintiff or work included under the initial contract. On or about May 12, 2004, Plaintiffs paid Firestone an additional $449.27 for the installation of a dining room window in the home, as memorialized 4 in the May 12, 2004 memorandum prepared by Firestone, attached hereto and incorporated herein as Exhibit "F." 25. On or about May 12, 2004, Firestone prepared an additional as modification to the contract directed to the Plaintiffs re2a additional miscellaneous work to be performed at the Gerlach's true and correct copy of the May 12, 2004 memorandum, as ma Plaintiff and Firestone, is attached hereto an incorporated hereir «G 26. Plaintiffs have made all payments to Firestone for work addre May 12, 2004 memorandum, some or all of which Plaintiffs b part of the original contract. 27. On or about July 2, 2004, Plaintiffs agreed to have Firestone p 28 29 30 additional work as memorialized in a memorandum drafted by A ced up by as Exhibit in the was of even date and marked paid by Firestone, further modifying th contract, attached hereto and incorporated herein as Exhibit "H." The sums paid by Plaintiffs to Firestone under the July 2, 2004 memorandum is $4,578.72. Firestone's initial contract states that "all work shall comply with applicable state and local building codes and zoning ordinances as well as with applicable plumbing, mechanical and electrical codes." Firestone represented to Plaintiffs that all work completed at the property would comply with applicable state and local building codes and zoning 5 31 32 33 34 35. 36 37 38. ordinances as well as with all applicable plumbing, mechanical and electrical codes. The terms of the initial contract are applicable to all modificatio'Ins thereto. As stated more fully herein, much of the work Firestone agreed to perform and for which the Plaintiffs paid Firestone was either not compl ted or does not comply with applicable state and/or local buildings codes and/or zoning ordinances and/or applicable plumbing, mechanical and lectrical codes. Firestone failed to provide the Plaintiffs with a list of all parties performing work on the project as required under the contract. Firestone failed to provide Plaintiffs with a certificate of insurance as required by the contact. Firestone failed to repair various construction and finish work which became damaged as a result of work at the Plaintiffs' home. Firestone failed to provide daily clean up of the premises and I surrounding area as required under the terms of the contract. Firestone has failed to provide the Plaintiffs with a warranty stat ng that the work performed under the contract conforms to the contract requirements is free from any defects of equipment, material or design, as required under the terms of the contact. Firestone has failed to turn over user manuals and other papers r garding the materials and installed items by Plaintiffs. 6 39. Throughout Firestone's attempts to perform under the contract, failed to perform various tasks, properly or in some cases at all, described in more detail herein. 40. Some time in late 2005, Firestone's repeated failure to properly the work for which he was obligated to perform necessitated hiring counsel on their behalf. 41. Despite several years of negotiations between the parties and promises on the behalf of Firestone to properly complete the work under the contract, Firestone has continued to fail in this regard. 42. At various times throughout 2003 and 2004, Firestone approach d Arlene Gerlach and induced her, out of the presence of her husband, to gree to additional costs under the contract for which the Gerlachs had already paid. Plaintiffs attach and incorporate herein by reference Exhi its "I", "J" and "K" as examples of charges added by Firestone that the laintiffs' had already paid consideration to Firestone and in most cases w re addressed in the contract or modification thereto. 43. Among the added charges by Firestone were removal of a tree t at Plaintiffs did not want removed and a retaining wall that should ave been 44. erected pursuant to the original contract. Plaintiffs ended up paying for the numerous additional charges a a result of Firestone's duress, including but not limited to pressuring Arl ne Gerlach to agree to changes and additional costs and the long delays in completing the work. 7 45. In addition to Firestone's failure to perform under the contract, Plaintiffs believe that Firestone has knowingly overcharged Plaintiffs for work, the charges for which were contemplated in the initial contract or various amendments thereto. 46. Upon Firestone's repeated failure to complete the work under th contract and correct the various defects caused by Firestone, Plaintiffs re ained an electric inspection by Middle Department Inspection Agency, Inc. and Criterium Yingst Engineers, during which those inspectors and engineers identified various and specific defeats and incomplete work by Firestone. True and correct copies of the Middle Department Inspection Agency, Inc., and Criterium Yingst Engineers reports are attached hereto and incorporated herein as Exhibits "L" and "M" respectively. 47. By correspondence dated April 1, 2009, Plaintiffs were advised by the East Pennsboro Township building inspector that a permit issue on September 19, 2003 for the work being performed by Firestone. A true and correct copy of the April 1, 2009 East Pennsboro Township etter to Plaintiffs is attached hereto and incorporated herein as Exhibit "N." 48. The building inspector further advised Plaintiffs that Township m cords indicate that no required inspections were conducted after the fo ting inspection. 49. The scheduling of inspections was the responsibility of Firestone. 50. Due to the outrageous delays on the part of Firestone in completing the work, as well as Firestone's failure to schedule necessary Towns ip 8 l 51. 52 53. 54. 55 56. inspections, the building inspector advised Plaintiffs that a new building permit must issue for the project. The building inspector further advised Plaintiffs that a Certificate of Occupancy cannot issue until required inspections have been completed and all work complies with the Pennsylvania Uniform Construction Code. In order to conduct the required inspections, many of the structure coverings and finish work will need to be removed, at great cost to Plaintiffs. Plaintiff believes, and therefore avers, that much of the work performed by Firestone will need to be corrected in order to comply with the Pennsylvania Uniform Construction Code. To date, Plaintiffs have paid Firestone in excess of $104,000.00 under the contract modifications thereto and added charges by Firestone. As a result of the actions and failures of Firestone as described rein, Plaintiffs have been caused to expend substantial funds in order to correct and complete the work to have been performed by Firestone and will in the future be caused to expend substantial funds in order to correct and complete the work to have been completed by Firestone. COUNT I: BREACH OF CONTRACT Plaintiff incorporates by reference the allegations of paragraphs -55 as though set forth herein at length. 9 I 57. On or about June 20, 2003, Plaintiffs entered into a binding cone Firestone for valuable consideration ("initial contract"), and moi valuable consideration as alleged herein. 58. Plaintiffs fully performed under the initial contract and modifica 59. Firestone breached the initial contract and modifications by: a) failing to properly excavate and grade topsoil; b) installation of a heating and cooling system without sufficient zones; c) installation of a heating and cooling system with faulty with for and ductwork design and installation; d) installation of a heating and cooling system with faulty venting; e) failing to properly caulk and/or install flashing to exterior windows, doors, meters, pipe penetrations and other egress sites in the home; f) failing to install the deck stairway in compliance with existing build code requirements; g) failing to properly complete electrical work pursuant to existing code requirements, including: 1. failure to install ground fault protection on exterior recep acles; 2. failure to connect receptacle at the left front of exterior d ck; 3. failure to install operational doorbell; i 4. failure to properly fasten main electrical cable to buildin; 5. failure to complete switch and motion detector light; 6. failure to label sub-panel circuits; j 10 7. failure to install recessed light covers in the basement hall ceiling; 8. damaging ceiling fan blades in first floor addition; 9. failure to install sufficient receptacles around the loft stairs to meet electrical code standards; 10. failure to properly install smoke detector in main living oom; 11. failure to install cover plate on receptacle in attic; 12. failure to properly wire storage room receptacle; 13. failure to install light switches in kitchen and dining i 14. failure to install ground fault protection in the master receptacles. 15. failure to install functional control knob in master 16. failure to install operational hot water dispenser in kitch n 17. failure to connect wall oven to main electric service Dan l: 18. failure to properly install and wire electric service panel basement; 19. failure to properly install receptacles in basement h) Failure to paint door trim; i) Improperly installing cement parging on the exterior foundatio ; j) Improperly installing exterior downspouts; k) Failure to install proper draining and waterproofing to prevent z into the basement; 1) Failure to complete exterior and interior painting; m) Failure to finish ceilings and walls throughout the home; 11 n) Failure to complete finish work in the basement workroom; o) Failure to open the workroom foundation as required and install heating cooling grills under the contract; p) Failure to install floor finishes in the basement; q) Failure to properly install sewage discharge pipes and properl? cover sump pit coverings in the basement; r) Installation of faulty florescent lights in the basement; s) Failure to properly complete plumbing work, including: i 1. failing to install functional fixtures in the basement bathroom; 2. failing to properly vent the master bathroom toilet; 3. failing to properly vent the double-bowl kitchen sink; 4. improperly installing hot water dispenser; 5. failing to properly install laundry drain pipe; 6. failing to cause proper water pressure to service the exterior water line. t) Causing the fire-rated finish separation between the residential commercial areas to be compromised by cutting a twelve inch ] the basement bathroom ceiling; u) Failing to properly complete certain finish items, including: 1. failing to properly hang the basement bathroom door; 2. causing and/or failing to correct a leak stain in the ceili exhaust fan in the basement bathroom; 3. failure to properly clean work areas; from the and in near the 12 4. failing to hang the pocket door; 5. failing to properly grout the whirlpool tub; 6. failure to paint the ceiling where pull-down stairway wa removed; 7. failure to cover nail pops and correct stains; 8. failure to complete laundry room ceiling; 9. failure to correct ceiling and wall damage caused by con truction; 10. failure to install drywall at the top of the basement stairway; v) Failure to install handrail and properly install guardrail along I )ft stairway and loft; w) Failure to properly install sufficient attic insulation; x) Failure to properly install dryer vent; y) Failure to properly install floor in master bathroom shower. z) Using cheap or low grade materials while charging Plaintiffs a for more expensive items. 60. In addition to the foregoing, Plaintiffs have been caused to significant time and money to purchase various fixtures and other items, including but not necessarily limited to light fixtures, hardware and other items to complete to project, all of which were the res onsibili of Firestone under the contract. 61. Firestone has failed to complete all work in a workman like according to standard practices. 13 62. Firestone has failed to complete all work in compliance with applicable state and local building codes and zoning ordinances, as well aslwith applicable plumbing, mechanical codes. 63. Firestone has filed to otherwise comply with the terms of the co?tract as more fully described herein. 64. Firestone has failed to issue a warrants stating that the work under the contract conforms to the contract requirements and th t it is free from all defects and equipment, material and design. 65. Firestone has failed to correct deficiencies in material, equipme t or workmanship to the satisfaction to the owner as required under t e terms of the contract. 66. As a result of the actions and failures of Firestone as described Plaintiffs have been caused to expend substantial funds in order to correct and complete the work to have been performed by Firestone and will in the future be caused to expend substantial funds in order to corr ct and complete the work to have been completed by Firestone. WHEREFORE, Plaintiffs demand judgment against all Defendants, J.A Firestone Construction, J.A. Firestone, Inc., J.A. Firestone Construction, Inc. and Jeff A. irestone, together with an award of compensatory damages in excess of the arbitration li its of this court, as well as attorney's fees, interest, costs of suit and any other relief with the Court deems just or to which the Plaintiffs may be entitled as a matter of law. 14 WORKMANSHIP 67. Plaintiff incorporates by reference the allegations of paragraph 66 as though set forth herein at length. 68. By entering into a home construction contract, as evidenced b} "A - K," Firestone provided the Plaintiff with an implied wary; construct their home in accordance with the standards of work] quality then prevailing at the time and place of construction. 69. Firestone breached that warrant by failing to meet those standa follows: a) failing to properly excavate and grade topsoil; b) installation of a heating and cooling system without sufficien thermostat zones; c) installation of a heating and cooling system with faulty airflo ductwork design and installation; d) installation of a heating and cooling system with faulty venth e) failing to properly caulk and/or install flashing to exterior wii doors, meters, pipe penetrations and other egress sites in the 1 f) failing to install the deck stairway in compliance with existin; building code requirements; g) failing to properly complete electrical work pursuant to existi requirements, including: 1- ty to in like is as nd >. code 15 I . failure to install ground fault protection on exterior receptacles; 2. failure to connect receptacle at the left front of exterior 3. failure to install operational doorbell; 4. failure to properly fasten main electrical cable to bui 5. failure to complete switch and motion detector light; 6. failure to label sub-panel circuits; 7. failure to install recessed light covers in the basement ceiling; 8. damaging ceiling fan blades in first floor addition; 9. failure to install sufficient receptacles around the loft stails to meet electrical code standards; 10. failure to properly install smoke detector in main living room; 11. failure to install cover plate on receptacle in attic; 12. failure to properly wire storage room receptacle; 13. failure to install light switches in kitchen and dining 1 14. failure to install ground fault protection in the master bathroom receptacles. 15. failure to install functional control knob in master bat 16. failure to install operational hot water dispenser in kit 17. failure to connect wall oven to main electric service p 16 18. failure to properly install and wire electric service panel in basement; 19. failure to properly install receptacles in basement wi h) Failure to paint door trim; i) Improperly installing cement parging on the exterior f j) Improperly installing exterior downspouts; k) Failure to install proper draining and waterproofing to drainage into the basement; 1) Failure to complete exterior and interior painting; m) Failure to finish ceilings and walls throughout the home; n) Failure to complete finish work in the basement workroon o) Failure to open the workroom foundation as required and i heating cooling grills under the contract; p) Failure to install floor finishes in the basement; q) Failure to properly install sewage discharge pipes and prol sump pit coverings in the basement; r) Installation of faulty florescent lights in the basement; S) Failure to properly complete plumbing work, including: 1. failing to install functional fixtures in the basement ba 2. failing to properly vent the master bathroom toilet; 3. failing to properly vent the double-bowl kitchen sink; 4. improperly installing hot water dispenser; 5. failing to properly install laundry drain pipe; ;riy cover 17 6. failing to cause proper water pressure to service the home from the exterior water line. t) Causing the fire-rated finish separation between the residential and commercial areas to be compromised by cutting a twelve inch hole in the basement bathroom ceiling; u) Failing to properly complete certain finish items, including- 1. failing to properly hang the basement bathroom door; 2. causing and/or failing to correct a leak stain in the ceiling near the exhaust fan in the basement bathroom; 3. failure to properly clean work areas; 4. failing to properly hang the pocket door; 5. failing to properly grout the whirlpool tub; 6. failure to paint the ceiling where pull-down stairway was removed; 7. failure to cover nail pops and correct stains; 8. failure to complete laundry room ceiling; 9. failure to correct ceiling and wall damage caused by construction; 10. failure to install drywall at the top of the basement stairway; v) Failure to install handrail and properly install guardrail along loft stairway and loft; w) Failure to properly install sufficient attic insulation; x) Failure to properly install dryer vent; 18 y) Failure to properly install floor in master bathroom shower. Z) Using cheap or low grade materials while charging Plaintiffs allowances for more expensive items. 70. These breaches of warranty have caused foreseeable property damage to the structure of the home, have caused foreseeable dangerous structural instability and safety defects throughout the home; have cause P aintiffs actual and future expenses of substitute performance, repair and foreseeable incidental expenses. WHEREFORE, Plaintiffs demand judgment against all Defendants, J.A Firestone Construction, J.A. Firestone, Inc., J.A. Firestone Construction, Inc. and Jeff A. Firestone, together with an award of compensatory damages in excess of the arbitration limits of this court, as well as attorney's fees, interest, costs of suit and any other relief With the Court deems just or to which the Plaintiffs may be entitled as a matter of law. - BREACH OF 71. Plaintiff incorporates by reference the allegations of paragraphs - 70 as though set forth herein at length. 72. By entering into a home construction contract as memorialized i Exhibits "A - K," with the Plaintiffs, Firestone provided the Plaintiffs with an implied warranty to construct their home in a manner is fit for th intended purpose of habitation and business use. 73. Firestone breached that warrant by constructing the home repairs containing the following defects: a) failing to properly excavate and grade topsoil; 19 b) installation of a heating and cooling system without sufficient thermostat zones; c) installation of a heating and cooling system with faulty airflow and ductwork design and installation; d) installation of a heating and cooling system with faulty ventinj e) failing to properly caulk and/or install flashing to exterior win( doors, meters, pipe penetrations and other egress sites in the he f) failing to install the deck stairway in compliance with existing building code requirements; g) failing to properly complete electrical work pursuant to existi requirements, including: 1. failure to install ground fault protection on exterior receptacles; 2. failure to connect receptacle at the left front of exterior d 3. failure to install operational doorbell; 4. failure to properly fasten main electrical cable to bui 5. failure to complete switch and motion detector light; 6. failure to label sub-panel circuits; 7. failure to install recessed light covers in the basement ceiling; 8. damaging ceiling fan blades in first floor addition; 9. failure to install sufficient receptacles around the loft meet electrical code standards; nlg code •s to 20 10. failure to properly install smoke detector in main living h) i) J) k) 1) m) n) o) room; 11. failure to install cover plate on receptacle in attic; 12. failure to properly wire storage room receptacle; 13. failure to install light switches in kitchen and dining root 14. failure to install ground fault protection in the master bathroom receptacles. 15. failure to install functional control knob in master bathro 16. failure to install operational hot water dispenser in kitch 17. failure to connect wall oven to main electric service pan 18. failure to properly install and wire electric service panel basement; 19. failure to properly install receptacles in basement workro Failure to paint door trim; Improperly installing cement parging on the exterior found Improperly installing exterior downspouts; Failure to install proper draining and waterproofing to prev drainage into the basement; Failure to complete exterior and interior painting; Failure to finish ceilings and walls throughout the home; Failure to complete finish work in the basement workroom Failure to open the workroom foundation as required and i heating cooling grills under the contract; ,nt 21 P) Failure to install floor finishes in the basement; q) Failure to properly install sewage discharge pipes and properly cover sump pit coverings in the basement; r) Installation of faulty florescent lights in the basement; S) Failure to properly complete plumbing work, including: 1. failing to install functional fixtures in the basement ba 2. failing to properly vent the master bathroom toilet; 3. failing to properly vent the double-bowl kitchen sink; 4. improperly installing hot water dispenser; 5. failing to properly install laundry drain pipe; 6. failing to cause proper water pressure to service the hom from the exterior water line. t) Causing the fire-rated finish separation between the residential and u) commercial areas to be compromised by cutting a twelve inch hole in the basement bathroom ceiling; Failing to properly complete certain finish items, including 1. failing to properly hang the basement bathroom door; 2. causing and/or failing to correct a leak stain in the ceilin near the exhaust fan in the basement bathroom; 3. failure to properly clean work areas; 4. failing to properly hang the pocket door; 5. failing to properly grout the whirlpool tub; 22 6. failure to paint the ceiling where pull-down stairway was removed; 7. failure to cover nail pops and correct stains; 8. failure to complete laundry room ceiling; 9. failure to correct ceiling and wall damage caused by construction; 10. failure to install drywall at the top of the basement staff ay; V) Failure to install handrail and properly install guardrail alo g loft stairway and loft; w) Failure to properly install sufficient attic insulation; x) Failure to properly install dryer vent; y) Failure to properly install floor in master bathroom shower z) Using cheap or low grade materials while charging Plainti s 74, allowances for more expensive items. The defects listed in the proceeding paragraphs have caused maj impediments to the habitation and threats to the health and safety Gerlachs and any invitees as follows: They have allowed rain water to enter the interior structure house; They have rendered the house subject to potential fire and safety hazards as a result of the extensive electrical defects alleged herein; a) b) of the of the 23 C) They have allowed the interior temperature of the home to unreasonably rise to unhealthful levels during the spring and s summer months; d) They have created dangerous structural instabilities that pose safety threats to the inhabitants and invitees as a result of otenti structural failures. 75. As a direct and proximate result of these breaches and their phy ical consequences, the Plaintiffs have incurred the expenses of substitute performance, repair and foreseeable consequential expenses, as well as future expenses for substitute performance, repair and consequential expenses. WHEREFORE, Plaintiffs demand judgment against all Defendants, J.A? Firestone Construction, J.A. Firestone, Inc., J.A. Firestone Construction, Inc. and Jeff A. irestone, together with an award of compensatory damages in excess of the arbitration limits of this court, as well as attorney's fees, interest, costs of suit and any other relief ith the Court deems just or to which the Plaintiffs may be entitled as a matter of law. - V iUEA 11UN Ur rbN N S Y L V AN IA UNFAIR TRADE " ). 73 P.S. 6201- 76. Plaintiff incorporates by reference the allegations of paragraphs 75 as though set forth herein at length. 77. In Exhibit "A," Firestone represented to Plaintiffs in writing that shall comply with applicable state and local building codes and 2 24 ?I _I work ordinances as well as with applicable plumbing, mechanical and electrical codes." 78. In Exhibit "A," Firestone represented to the Plaintiffs in writing that "the contractor will be responsible for obtaining all required inspections and for securing all official approvals of work performed." 79. In Exhibit "A," Firestone represented to the Plaintiffs in writing that "the contractor shall provide competent f illtime supervision, observe the most stringent safety practices, and coordinate work of the various subcontractors to insure efficient and orderly sequence of installation of construction elements, with provisions for accommodating items installed by others." 80. In Exhibit "A," Firestone represented to the Plaintiffs in writing hat "prior to work the contractor shall provide the owner with a list of all p ies performing work on the project." 81. In Exhibit "A," Firestone represented to the Plaintiffs that "the 82. 83 shall be responsible for protecting the common area and adjacen l rooms." In Exhibit "A," Firestone represented to the Plaintiffs in writing hat "the contractor shall issue a warranty stating that the work performed under this contract conforms to the contract requirements and is free frm any defects of equipment, material or design." i In Exhibit "A," Firestone represented to the Plaintiffs in writing hat "upon completion of the work, the contractor shall notify the owner to set up a i final walk through, upon completion of final walk through any 25 84 85 86. 87. 88 89 deficiencies in material, equipment or workmanship must be corrected to the satisfaction of the owner before final payment is made." In justifiable reliance upon these written assertions by Firestone the Plaintiffs entered into the contract for remolding of their home With Firestone. The Pennsylvania Unfair Trade Practices and Consumer Protection of Law ("UTPCPL"), 73 P.S. §73 201-1, et. seq., enumerates as a violation of that statute the following: "making repairs, improvements, or replac ents on tangible, real, or personal property, of a nature or quality inferior to or below the standards of that agreed to in writing." The UTPCPL also enumerates as a violation of that statute the fallowing: "representing goods or services have... characteristics... [or] benefits... that they do not have." The Plaintiffs relied upon the representations of Firestone when hey entered into a remolding contract with Firestone. In failing to construct the Plaintiffs remodeling project and adhe?e to the written assertions in the contract with the Plaintiffs, Firestone ha violated the provisions of the UTPCPL as stated herein. As a result of the Plaintiffs reliance on the written standards of quality to which they and Firestone agreed, and/or Plaintiffs reliance on Fi estone's representations concerning the characteristics and benefits of his goods and services, the Plaintiffs have sustained damages and will continue to sustain damages as set forth herein at length. 26 WHEREFORE, Plaintiff respectfully requests judgment against Defendants, J.A. Firestone Construction, J.A. Firestone, Inc., J.A. Firestone Construction, Inc. and Jeff A. Firestone, under the UTPCPL specifically: a) a statutory award of up to three times the actual damage the Plaintiffs have sustained; b) reasonable attorney's fees and costs; C) any other relief which the Court deems just or to which tie Plaintiffs may be entitled as a matter of law. Date: June 9, 2009 By: Respectfully submitted, ARCHER & ARCHER, 27 Thomas A. Archer, Esquire Atty ID No.: 73293 2515 North Front Street PO Box 5056 Harrisburg, PA 17110 717-233-8676 tarcher@archerandarcher. c Attorney for Plaintiffs Exhibit "Aq-3 J. A. FIR S TO CONS T8 UC770A 6490 CLEARVIEWITOAD DOVER, SPA 17315 (7171 764-ZB64 Date: June 20, 2003 To: Leon & ArleneGerlach From: JA Firestone Construction Re: 23"W x 36' L 2 story addition 1. Site Work a. All topsoil in the immediate area of construction is to be stripped d stockpiled on site. All excavation for basement and footer work be to the depth as determined by Contractor. b. The entire excavation site is to be baclcfFfied with fill obtained from excavation site. If existing fill is not appropriate, flI may have to brought in at the Homeowners expense. Disturbed area around site is to be rough graded with the stockpiled topsoil upon comple ' n of construction. If additional topsoil is needed, topsoil will be brough in at the Homeowners expense. Mote: Any extra fill ground or topsoil will be disposed of by tak it to the neighbor at the adjacent property. 2. Concrete and Masonry a. Footings i Placement of 4000 p.s.L concrete to the dimensions and dep to meet all local building codes and inspections, shown on dra s provided, by Homeowner. b. Basement i 4" Concrete floor of 4000 p.s.i with 4" to 6" of crushed sto over sub-grade. C. Exterior entry pads and sidewalks i. 3 V2" thick, 3500 p.s.i. concrete over 3" to 4" crushed stone. Rough broom finish applied to wearing surface. d. Foundation L 8" Block foundation wall on footings above grade with YS" t p coarse being FHA semi-solid and anchor bolts 4' o.c. Note: Finish height of block will be field verified on site by Contractor per drawings provided by Homeowner. ii. Cement parging over exterior concrete block. iii. Foundation drain to have interior and exterior continuous 4" perforated plastic pipe at footing level. Exterior pipe covere with crushed stone backfill. All drains connected to sump pit sump pump (submersible, minimum 1/3 h -p.). e. f. Brick i. Standard or oversized brick ($450.00 per thousand allowanc ). Brick to be tied to exterior block walls using wall ties. Structural Columns i. 1= 3" diameter steel columns in quantities and location for structural beam support. 3. Rough Framing a. Floor Framing i. 2 x 6 #2, pressure treated top plate continuously anchored to concrete block foundation. 2 x 10, 2 x 12, or T.J.I. floor jo' 16" o.c. unless noted otherwise. All joist spans and struc requirements will meet applicable building codes. 3/4" T & G interior grade plywood with exterior glue applied to floor frai with structural adhesive. b. Exterior Walls i. 2 x 6 studs @ 16" o.c. plate. c. Interior Walls i. 2 x 4 studs @ 16" o.c. plate. d. Headers with single bottom plate and double with single bottom plate and double i. All exterior headers over windows and doors to be minimum 2 2 x 12's. Where needed structurally, additional 2 x 12's -v used, or a structural steel beam depending on loads. Sizes, numbers, and locations shown on drawings provided by Homeowner. All interior headers will be a minimum 2- 2 x 8 Double jack studs will be used on structural openings. e. Misc. Posts and Beams L Member's location, sizes, and spacing will meet all applicable building codes. f. Roof L Engineered roof trusses at 24" o.c. ii. In certain models some roof areas may be stick framed with rafters. Size and spacing to be noted on drawings provided Homeowner. iii. 5/8" CDX 4-ply plywood sheathing with "Ii" clips between plywood sheets at 24" o.c. Note: All framing members to be #2 or better spruce/pine/f unless noted otherwise. 4. Insulation a. Fiberglass or foam compressible sill seal between wood sill plate concrete block foundation. b. 6" R-1 9 insulation between first floor joists over unheated area, h place with spring wire supports. c. 6" R 19 batt insulation installed between exterior studs. Total R- d. R-30 batt insulation between sloped roof rafters, R-30 batt insulai b6tween scissor trusses. at be in 21. e. Ventilation baffles are placed between trusses and rafters to allow freed air flow between insulation and roof sheathing at eaves f Exposed exterior house walls wrapped the Tyvek air infiltration barrier. g. Polycell foam sealant at exterior house penetrations. 5. Siding a. Vinyl siding to be Wolverine Double 4/2 or Wolverine Double 4 or with all connectors, fasteners, and trim in colors and style chosen fs samples provided by Contractor. b. Continuous viayl or aluminum soffit and rake with perforated soffit ventilation front and rear. c. Install horizontal PVC siding to existing home matching siding to n addition. d. #15 felt paper e. All accessories, including starter strip, F channel, utility, and under= trim, one piece inside and outside corner post, soffitt fascia, rake at window and door trim. Note: Replacement of rotten wood will be at additional expense to the homeowner. 6. Roofim a. 30# felt paper applied over plywood sheathing. b. Aluminum drip edge flashing around perimeter of mot c. 30-yr. Fiberglass shingles with 5" exposure. d. Aluminum flashing at roof penetrations and intersections where e. Vents installed and sealed. f. Cobra "Ridge vent" attic ventilation. 7. Gutters and Downspouts a. Gutters to be aluminum .027 GA, 5" dimension Downspouts to be aluminum .027 gal, rectangular 211x 3". Color of your choice. If sto water management trenches are not required, existing downspouts v discharge onto existing grade. Note: All gutters will have gutter caps. 8. Doors and Windows a. Metal Insulated Exterior Doors i. Sizes, location, and .style as noted on drawings provided by Homeowner. We have a catalog for different styles to chop or there are displays available at John H. Myers & Sons. Note: Front door will have sidelights. b. Interior Doors i. 3' x 6' 8" Doors to be hollow-core birch veneer or raised si molded of sizes and locations as shown on drawings provid Homeowner. from by c. Windows L Anderson vinyl on vinyl, high performance double hung tilt windows will be used in all areas of the house, except where noted differently. All glazing to be high-performance and all windows come with screens. Grilles standard with all double-hung windows. All windows are of the size and location shown on drawings provided by Homeowner. d. Hardware L To be "Schlage" (Plymouth design) in bright brass finish. All single leaf exterior swing doors to have 1 '/z pair of hinges with knob and key. Double leaf exterior swing doors to have threes,, pairs of hinges with lever handle and deadbolt thumb latch. All interior swing bedroom and bathroom doors to have one and 1/z pair of hinges and privacy button knobs. All other interior swing doors to have passage set knobs. All interior swing doors to have hinge- mounted adjustable doorstops. Several styles available to choose from. Note: Homeowner to provide exterior locks. 9. Finishes a. Drywall i 1/i" type "x" drywall to be glued, and screwed to common wall(s) of house and to the ceding. Drywall will be taped and spacklod at joints (three coat finish). b. Resilient Floors i. Bathrooms to have sheet vinyl flooring installed on VV luan underlayment. To be determined by Homeowner. ($2.00 per sq. ft. allowance.) c. Carpet and Pad i Styles, colors, to picked by Homeowner from the carpet contractor. ($12.00 per sq. yd. allowance.) d. Painting and Staining i. Complete interior (one each wall color and one each trim color) and exterior painting. (Excluding exterior surfaces of pre-finished windows, pre-finished patio doors, gutters, downspouts, fascias, and soffits). Buttered and/or swirled finished walls and ceilings will not be painted. 10. Specialties a. Clothing closets i_ Each clothes closet to have two (2) continuous vinyl-coated eel shelf/rod combination. b. Toilet and Bath Accessories i All baths and powder rooms to include chrome accessories; o e each toilet tissue-paper holder; and one each 24" towel bar in chrome finish. Tub and shower to be provided with shower ain rod in chrome finish. ($75.00 allowance per bathroom.) c. Mirrors i. All baths and powder rooms to have Y4" thick plate glass mirror the full width of the vanity. Special mirror applications and medicine cabinet applications to be at Homeowner's expense. 11. Mechanical a. Plumbing i. As per local building codes, 3/4" x'/2' copper water lines and fittings, with PVC drainage, waste and vent lines. Sizes of service and waste lines per fixture determined by National Plumbing', Code. b. Plumbing Fixtures i. Allowance check of $2,600.00 will be disbursed for all fixtures including: whirlpool tub, shower units, lavatories, sinks, faucets, tub/shower units, drains and tubs. ii. Two exterior frost-free faucets. c. Ventilating System L Each bathroom will have an exhaust fanlight combination, v4E& will be ducted to the exterior. 12. Electrical a. Mai. Service & Distribution i. Install sub-panel off 200-amp main distribution panel with main breaker and branch circuit breakers as required. 12/2 and 14,x'2 copper wire distribution throughout. Boxes, receptacles, and switches to be non metallic with ground fault breakers where: needed. b. Light Fixtures L Number and location to be determined. Owner is given an allowance check for $1,200.00 to purchase fanlight fixtures for bathrooms, recessed lights, and all indoor and outdoor light fixtures and bulbs. c. Smoke Detectors i. U.L. approved smoke detectors direct=wired to main power box in quantities and locations to meet local codes. Note: All electrical materials and workmanship to conform to the National Electrical Code and local power company rules and regulations. 13. Deck a. 8' x 24' deck on side of house b. 8' x 18' deck on front of house c. 2 x 8 top cap d. 2 x 2 picketts every 4" e. 2 x 6 decking r.: Allowances included in price: Lighting allowance 1200.00 Entrance door allowance 1075.00 Spa-Tub allowance 900.00 Carpeting allowance (12.00/sq yd) 6644.58 Vinyl flooring allowance (2.00/sq ft) 240.00 Bathroom fixtures allowance 1700.00 Total $813,580.61 Filing of a bid by the bidder to the owner shall be evidence that the bidder has: A. Carefully examined the bidding documents and submitted his bid accorOingly B. Visited the site and investigated the existing conditions and limitation of the site under which he must operate or which will be in any manner affect, the work C. Included in the proposal a sum sufficient to cover all items required fort the complete construction based on the materials, systems and equipment itequired by the bidding requirements All work shall comply with applicable state and local building codes and zoning ordinances as well as with applicable plumbing, mechanical and electrical codes. Prior to commencement of construction, the Contractor shall field verify all existing conditions and dimensions as become available, and shall be responsible for same. He shall notify the owner of any variation from the drawing information prior to proopeding with the work The Homeowner shall be responsible for paying for and obtaining all permits, approvals, and insurance required for conduct of the work, as dictated by applicable state an& local codes. The Contractor shall be responsible for obtaining all required inspections and for securing all official approvals of work performed. All certificates shall be submitted to the owner upon completion of work. The Contractor shall provide competent fulltime supervision, observe the most stringent safety practices, and coordinate work of the various subcontractors to assure effci$nt and orderly sequence of installation of construction elements, with provisions for accommodating items installed by others. Prior to work the Contractor shall provide the owner with a list of all parties work on the project. Information shall include: A. Trade B. Business name and address C. Name of contact person D. Telephone number E. Certificate of Insurance Prior to starting construction, the contractor must present to the owner a certificate of insurance. The Contractor shall be responsible for all demolition of the existing structure as re d to incorporate all new construction, or the owner may direct as. The owner must be notified by the Contractor in writing of any deficiencies in ow* furnished equipment, materials, etc., prior to commencement of construction. The Contractor §hall arrange a pre-construction meeting with the owner prior to the commencement of work. The Coutractor*shall be responsible for protecting the common area and adjacent rooms. The Contractor shall repair any construction and finishes, which may have become damaged as a result of work. The Contractor shall be responsible for all finished work unless otherwise specifically indicated to be performed by others. During construction the Contractor shall provide daily cleanup of the premises and surrounding area, and remove all construction debris to trash dumpsters, public corridors, adjacent spaces and exterior of the budding must be kept clear of equipment, fixtures and trash at all times. Should the Contractor fail to comply, the owner may proceed, upon written notice, with the necessary cleanup and removal, which will be reflected as a back charge to the Contractor. Upon completion of work, the Contractor shall promptly remove any excess materials from the premises. Should the Contractor fail to comply, the owner may proceed n written notice, with the necessary demolition, cleanup and removal, which will be reflected as a back charge to the Contractor. The Contractor shall issue a warranty stating that the work performed under this contract conforms to the contract requirements and is free from any defects of equipment, material or design furnished, or workmanship performed by himself and his subcontractors at y tier. Such warranty shall continue in effect from the date of completion for at least o (1) year. Under this warranty, the contractor shall also restore any work damaged in fulfilling the terms of the warranty. Upon completion of work, the Contractor shall notify the owner to set up a final walk through; upon completion of final walk through any deficiencies in material, equipmen, or workmanship must be corrected to the satisfaction of the owner before final payme, made. is Draw Schedule 50% deposit upon acceptance of bid 15% upon completion of block work 15% upon completion of framing 10% upon completion of drywall and trim 5% upon completion ofpainting and hardware 5% upon completion ofpunch list and final walk-through Date..: Leon -0 Date .A. 41,790' 790,30 12,537 09 12,537 09 8,35806 4,17903 4,17903 Exhibit "B" o $ s?iiiigi?Sp?tdd 5?@i953e i1,1111ii$hId tax ttYpraacot 181$$1t3$aatE .ta.3$pp$as?IaLJtezc ,staa$9e! s$@6?E .a$Yretr3${ta[rrr$sael a .k F ' S 4 a aresnoH4 p 6 q y,"g¢p ?r s j y' p $s"pgp tpis 3?i$i p pg p#g g 000 ,alit .e setablitt $eY@@aee?!@@Ye?$$Q!$tcEEEE c ..at!!r@aEt?t$Fiia3aYrt .aer?$6aa:ti?1"$iatt 4 A ?a a a a Z o a Orc N Q- A'eL t $ ? fill 3esattatsttt,:a$tta1tact$ at ...1a€6 3.44 s ..3.9aelS33t45e.S3t 9$tta€$$9$t3taa.9at3lt$ I z U Y z 0 lifted .$$$5e3ttBillie* aarat2 neat s.$$$€g$ear$etat8$sE ce@@et€@trt€3Eec @@ c$eeECEE$@t as p W V. 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R?Q 3 ?E$Ar Exhibit "C" J, ik?l J.A FIRESTOME CONSTRUCTION, 6490 CLEAR MIEW ROArD, DOVER, PA 17315 (7171764-1264 Date: August 26, 2003 To: Leon & Arlene Gerlach From: JA Firestone Construction Re: New roof 1. New Roof a. Tear off existing roof and replace with 41' 9" light storage truss engineered and designed by PBS Truss. Note: These trusses are recommended for light storage b. 5/8" CDX 4 - plywood sheathing with "H" clips between plywoo sheets at 24" o.c. Note: All framing members to be #2 or better spruce, pine, or fir i otherwise noted. 2. Roofing a. 30# felt paper applied over plywood sheathing. b. Aluminum drip edge flashing around perimeter of roof. c. 30-yr. Fiberglass shingles with 5" exposure. d. Aluminum flashing at roof penetrations and intersections where e. Vents installed and sealed. f. Cobra "Ridge vent" attic ventilation. Total $ d and uired. 156.36 s 61 Y I iv ?zaav o??-- // GoSr a ? .? ??- U? i t -:YAW ?Zrw V Exhibit "D" ?6.. 0 J J.A. FIRESTONE CONSTRUCTION, 649o CLEAitYtEWROrtn, poYER, PA 17315 (917) 764-7E64 Date: October 17, 2003 To: Leon & Arlene Gerlach From: JA Firestone Construction Re: Kitchen Remodel 1. Demolition a. Remove all kitchen cabinets, base, wall, etc. Note: Save if possibly to be reused by Leon b. Tear up existing vinyl floor. c. Junction box all necessary electric. d. Cap off all plumbing. e. Remove all door and floor molding. f. Remove existing skylight. 2. Kitchen Prep a. Prepa i. ii. iii. re area to have kitchen installed. Drywall all spots necessary. Re-run electric to locations needed for appliances Re-plumb for island and sink. 3. Installation a. Kitchen Cabinets i. Quantity 1. 2 12"w x 30"h wall 2. 1 18"w x 30"h wall 3. 1 30"w x 18"h wall 4. 1 36"w x 16"h wall 5. .1 36"w x 24"h wall 6. 1 40"w x 30"h wall 7. 1 Corner bread box ii. Quantity: 1. 2 12" drawer base 2. 1 18" base 3. 1 36" sink base 4. 1 36" lazy susan 5. 1 40" base 6. 1 30" eye level oven with doors top and bottom 7. 1 40" floor to ceiling cabinet (pantry) roll out shf 8. 1 Island base for dishwasher 9. 1 7' long base cabinets with doors on both sides 4. Install new vinyl flooring over 1/8" Luan underlayment. Note: cost per sq ft is 5.25 5. Tile behind sink and above right hand side of base cabinets - approx. 30 sq ft 6. All countertops to be Formica. Note: Color to be picked by Arlene 7. Trim all door openings with 2 '/z" colonial beaded casing. 8. Install recess lighting to new locations Note: Bid does not include sink or fixtures. $17,673.44 Reimbursement door knobs, locks, hot water heater, shelf rods. $16, Date Date Leon Gerlach J.A. Firestone Construction cpq G lif r ?? T !?j ate' °fi - --- ti! -?- _. 'l li G ?II _ Ilf i 'V4 •I? I? 4_. N .. ___------.'-i-- ------ ?-? mss. h ti ? ? ?-? -z- is ? h V ?r y ?- r I; C 10, I ?^ ? ?....I . __ t? G -? ? " LA.) Ids .,? At. `, 00 a .. 1 L ? S N ' 1 0+ M1 M1 'r N r ? LU n l ? M1 `u1 Z O t: __ ... _ tom) BEaF74 g9duV B ) o 4 f w a f S f s ° ? ?' 84075 t`.687?8L>. T• 4411-RJVt57SR W76t5 163&L 1; L 3 s 93- 1 s 165"- 1 ----•- W W f t .. ? W ' v ? f • a m O f ? -? tY i. P6,5--,g.A) (??) Exhibit "E" ,L 176A.) JA HRES TONE CONSTRUCTION IN 6490 CLEA EWROAA DOYER, PA 17315 (717) 764-1264 Date: January 23, 20043 To: Leon & Arlene Gerlach From: JA Firestone Construction ULOW 1. Install s -oof '"?----T a. --Open-existing ron:e?Gn AI`s 66 ??- 5 b. InstakhWeron•existing.rafters g -0? ?,31 c. - Patch-rouf-as•-required-_ p,,4-4, Total a 592.74 2. Install Sewage Ejection ?a ?p ,37 a. 24" x 32" polyethylene basin 2 b. SKV50 %z 1HP 2" solids handling sewage ejector with recessed impe er c. 2 GP Jackel check valve sewage ejector d. Excavate floor area to accommodate sewage ejection system Tota 931.23 3. Install Sump Puma a. Excavate floor area to accommodate sump pit b. Install 4" perforated pipe along foundation footer c. VA-1 hydromatic 1/3 HP sump pump d. DJ545 Jackel 1 '/," - 1 '/Z" check valve 4. Electric Line a. Run 8 - 3 with ground from existing panel box to rear of house b. Install new 50 amp breaker in main panel box c. Fire-proof chase from first floor to basement d. Install two 6 - 2 solid wedge clamps with Porc 1030 galvanized service hooks at gable overhangs at rear of house and shed e. 65' of overhead ALW GTR wire Total $ 31.92 296 5. Smoke Detector kb C AfRfvC 0?1 qaD a. Install two hard-wired smoke detectors ?Ryov !m o Total 79.78 R4 a ?t . 1 ?1 Leg-r w%LL 79, -1 ?? O U 6. 2' X 36' Front Roof Overhand a. 2 x 6 top and bottom plate secured to the band board and first floor wall studs every 32" with 3" lags b. 2 x 6 roof rafters every 24" 6/12 pitch c. 5/8" CDX plywood d. Ice barrier j e. Shingles, facia, and soffitt to match existing colors Total 52.641 - Iloo o- 00 21,3 s 317' ob , q©.. Lie) . y r? t 39 ' y Exhibit "F" 4 r, (>,A-' ,f*r J.rf. FIRE ST01P£CONS TRUCTION, sago cteARVtEx'RVAn, nova PA 17315 (717) 764-1264 Date: May 12, 2004 To: Leon & Arlene Gerlach From: J.A. Firestone Construction Re: Window PI N/wjj Ica Window 1. 1- TW38410 WH H P F-LT 2. 1- 38410 SCREEN, WH Full 91 3. 1- TW38 EXT JMB, HD AND Sill 6 9/16 4. 1- TW410 Ext JMB, Side 6 9/16 Wall Total 449.27 Exhibit "G" 4A70:L- J.A. PYRES TONE CONSTRUCTION 6490 CLEAROEWROAD, DOYA PA 17515 (717) 764-1264 Date: May 12, 2004 To: Leon & Arlene Gerlach From: J.A. Firestone Construction Re: Miscellaneous 1. Install two knee walls under roof truss' in 2"d floor storage room 2. Plywood storage area with extra 5/8" plywood (material cost only) 3. Rear closet 4. Closet for heating system and HEPPA filter -- 5. Remove and replace rotten wood at left side of house U s- D S?-' ayes c-,:.e0 c` 6. Remove and replace rotten wood at right side of house >:??bcx. «= 7. 7 day 5-2 thermostat eO5T• ^ r -r', m E_ V_ 8. Jacuzzi tub -• install waste/vent trap a. Material and Labor Credit 1. Credit for 1 outside faucet moo Q T- V- K) W O-OW 6? /S r-D Am D de Ntb To Exhibit "H" V J. A. FIRESTONE CoNsTRUCTION I1VC' 6490 CLEAWEWROAA DOVU, PA 17315 (717) 764-1264 Date: July 2, 2004 To: Leon & Arlene Gerlach From: J.A. Firestone Construction Re: Miscellaneous 1. Install two knee walls under roof truss' in 2°d floor storage room 2. Plywood storage area with extra 5/8" plywood (material cost only) 3. Build rear closet 4. Build closet for heating system and BEPPA filter 5. Install REPPA filter a. Includes running four (4) trunk lines, electrical outlet and cut exterior vent 6. Remove and replace rotten wood at left side of house a. Approx. 70 sq. ft. 7. Remove and replace rotten wood at right side of house a. Approx 100 sq. ft. 8. Remove and replace rotten wood at front of house under new windows 9. Stairway closet (header and door only) 10. Floor drain 11. 7 day 5-2 thermostat 60 .50 .71 144.90 2 7.00 46.12 14.12 1 12. Central Air Conditioner Install a. 5116 x 3/a line set b. Cased coil RCBA 376566 c. Cased coil housing d. 20 amp breaker / run 10/3 wire e. 3 ton A/C unit f. Labor to install a/c unit and concrete slab Credit 1. Credit for 1 outside faucet Total 92.56 on J b o' 3 D 354.14 ?fb d` 6 6 62.00 $ , 154.69 r a, b ° 1,002.05 SO'?d r f 1 /.1- 14( [[ 7 4.749.12 72 Exhibit "I» Exhibit " J" I- r6 y? Removal of Tree by Driveway 7hrs. backhoe and skid loader to remove extra material for handicap ramp _ 00 /`. r/ 2 Dump Trucks Hauling fill from site = 6hrs-?Y(. . Total Cost Built additional Retaining Wall for Office 300 - 8" International Compac Tan 40 - 4" Caps Bevel Angle Tan 12 - Glue for Caps 60 - 5yd Mirafi 3XT Geo Grid 450 - Pins 5 Keystone Pins 5 1/4 22.15 tons stone for backfill 339 sq.ft. at 22.45Isq. Total Cost Minus original allowance toward handicap walkway Total Cost ??10oa $ 1,595.00 $ 6,164.55 5 1,500.00 $ 6,259.55 10.3 2 Sq*s I 4k LL PAy I * 0Vol- i ora-v& 2.-s-Z00c Exhibit "K" i of L.,t ()WYNDHAM HOTELS & RESORTSSM i \rA 7o- ?0Y5 cAgI.SIE ?l po?. J--7 H O?4 6z59. 67 ?5- ?I Exhibit 'T" 07103/2006 23:26 7175453527 ART HUGHES PAGE 01/t]:i ato Middle Department tnspeation Agenr, y, Inc. 3601 Haftdale Drive -• Suite 112 Camp HUI, PA t 7o t 1 (717) 701.6540 tax: (717) 701.5594 At the request of W. Leon Gerlach I performed a walk through visual elec cal inspection of his property at 305 West Shady Lane in Enola. During that walk ftoogh I observed the following violations and examples of sub standard electrical work, In violation of Section 110.12 of the 2002 National Electrical Code, which requires all work to be performed in a neat and workman, like manner. The existing house panel does not allow for proper distribution to all of the existing circuits feeding the house. NEC 312.8. Although someone adder twin cirt breakers, which brought the total space available to 44, the code allows for 42 sp®c maximum udder 408.1 5, a range is still not able to be connected. Because of the volume of wires in the panel the cover cannot be bstalled in violation of 408.15. Also missing is a panel directory, NEC 408.4 Panel itaproperly ground4 bonded, NBC 250.90 Service cable not properly supported, NBC 230.51 No bushing when semoc cable enters service mast, NBC 300.41' Service never received a final inspection, Local Code Througfitoitt the addition to the house I found the following: MlssWg cover plates, 83901.11 and E390132 as found in the 2003 International Residential Code. Device boxes recessed mote than % back in the wall, NBC 314.20 and 406.4A Boxes with larger than 1/8 gap to surrounding drywall, NEC 314.21 Grounds not pressure connected in various device boxes, NEC 250.148 Metal boxes and raceways not grounded, NEC 314.40D No light fixture installed in the area of the heating equipment, 2003 international . Mechanical Code M1305.1.3.1 ' 07/03/2006 23:26 7175453527 ART HUGHES PAGE 03/03 Air Cleaner filters not eceessiblc, M1305.1 No Ground Fault Circuit Interrupter recaps, in basement kitchen area, 210.8A6 No G.F.C.I. recaps. in upstairs kitchen area, 210.8A6 Various open Knock outs in both device boxes and service panels, NEC 3145A, I Metal Clad Cable installed in sub panel without a connector, NEC 330.40 Multiple Grounded wires under the same screw terminal in both panels, NEC 408.2 Exterior recaps are not G.F.C.I. Protected, 210.A3 Bathroom recaps are not G.F.C.I. Protected. 210.8 The Jacuzzi is not properly wired, NEC 680.43.2, IRC E490 L..1 Metal pipb*;[not bonded, IRC E4109.4 Disconnect not wiitWn sight of the motor, NEC 42231 B Metal clad wire used in wet locations, 330.10.120 A fire alarm not properly installed, NEC 300.11. C White wires used as current canying conductors, NEC 310.12C Disconnect for furnace not in line of sight, NEC 422.32 Basement fluorescent lights not mechanically attached to the suspended ceiling, NEC 410.16C Basement fluorescent lights not properly gmuackd, NEC 410.17 and NEC 250 Fluorescein lights in basement not working property, may have wrong lamps for the of ballast installed.' 'I Locadons and spear of genera]-purpose recaps. do not comply with NEC 210.52AA and IRC E3801.2.2 Each room does not have the required wall switch controlled lighting outlet, IRC Various switches have move than one win under one screw. This is a violation of manufactures recommendations and NEC 110.3 B Arthur E. Hughes Inspector M.D.I.A.. .2 2 Exhibit "M" CENTRAL PA: 421 W. CHOCOLATE AVENUE HERSHEY, PA 17033 TEL 717 533-3346 1 800 231-3346 (PA) FAX 717 533=3376 August 22, 2006 Mr. Leon Gerlach 305 W. Shady Lane Enola, PA 17025 RE: Construction Quality Inspection 305 W. Shady Lane Enola, PA 17025 File No.: 05-0520 Dear Mr. Gerlach: WE TERN PA: 3 2 FAWCETT CHURCH ROAD BRIDGEVILLE, PA 15017 TELL? 1 800 231-3346 (PA) FAX 717 533-3376 III INTRODUCTION At your request an inspection of the above property was performed on September 20, 20b5. The report that follows has been prepared based on that inspection. The primary purpose of the. inspection and this report was to perform a general review of the construction quality of remodeling and addition work at your home. This inspection was performed by and report written by Stephen M Yingst, P.E. As you requested, this evaluation is limited in scope, focusing on the constructio=ve only. This inspection report is limited to observations made from visual evidence. No or invasive testing was performed. The report is not to be considered a guarantee of condition and no warranty is implied. For your reference while reading the report that follows, the following definitions may be helpful: Excellent - Component or system is in "as new" condition requiring no rehabilitation and should perform in accordance with expected performance. Z LICENSED PROFESSIONAL ENGINEERS BUILDING DIAGNOSTICS INSPECTIONS ANALYSIS MAINTENANCE PLANNING DESIGN Gerlach August 22, 2006 R' Good - Component or system is sound and performing its function, although. it may show signs of normal wear and tear. Some minor rehabilitation work lmaybe required. Fair - Component or system falls into one or more of the following categories: a) Evidence of previous repairs not in compliance with commonly accepted practice, b) Workmanship not in compliance with commonly accepted standards; c) Component or system is obsolete, d) Component or system approa hing end of expected performance. Repair or replacement is required to prevent er deterioration or to prolong expected life. Poor Component or system has either failed or cannot be relied upon to performing its original function as a result of having exceeded its e performance, excessive deferred maintenance, or state of disrepair. condition could contribute to or cause the deterioration of other adj elements or systems. Repair or replacement is required. All ratings are determined by comparison to other buildings of similar age and construct on type. Further, some details of workmanship and materials will be examined more closely in higher quality homes where such details of workmanship and materials typically become more elevant. This inspection and report have been conducted in compliance with the standards of pra?tice of the National Academy of Building Inspection Engineers. BACKGROUND/DESCRIPTION You were present during the inspection and provided the following background information. You reported that an addition and major remodeling was performed at your home over the past two years by J. A. Firestone Construction, Inc. You provided a copy of specifications or the work dated June 20, 2003 from J. A. Firestone Construction, Inc. (Firestone Specifications) as attached. No drawings for the project were provided, however, you did.provide a floo plan (see attached) that you prepared showing the approximate square footage and dimensions o the original home and addition. The home is located in East Pennsboro Township. One of the inspectors from the Township was present during a portion of my site visit and he indicated that the building permit was issued under the 1996 Building Official and Code Administrators (BOCA) basic building code and that Pennsylvania Labor & Industry requirements may also applied to the construction. As a result, the 1996 BOCA building code and my experience with similar construction projects were used to evaluate the remodeling and addition construction activities. The Firestone Specifications indicate in part that "All work shall comply with applica ale state and local building codes and zoning ordinances as well as all applicable plumbing, me hanica and electrical codes." (final notes on page 6). CRITERIUM-YINGST ENGINEERS, INC. 05-0520LetterRpt-final 2 Gerlach August 22, 2006. The building code official on site indicated that the building was constructed under Permit No. 3342 and was dated September 19, 2003. For purposes of this report, all directions (left, right, rear, etc.) are taken from the viewpoint of an observer standing in front of the building and facing it. i This building is currently used as your residence and professional office space for your usiness. It is a two story structure with a finished basement. The basement is mostly below grade with a partial walk-out area at the front. At the time of my site visit the rear (original) portion f the basement was used as your office.. The front (new) portion of the basement was in the stages of finish work and was not yet occupied as office space due to the unfinished work. Th first floor and second floor loft were used for your residence. The exterior walls are primari ly covered with horizontal vinyl siding. The roof is cover?d with asphalt/fiberglass shingles. Based on the site sketch you provided the building has the following approximate areas Thee areas calculations were not verified. Second floor loft: 468 SF Subtotal 468 SF First floor rear (original) 1670 SF First floor front (new) 900 SF Subtotal 2570 SF Basement rear (original) 1068 SF Basement front (new) 900 SF Subtotal 1968 SF Total 5006 SF I INSPECTION FINDINGS Overall, the home appears to be structurally sound. However, there are a number of i ems that do not meet the building code requirements and/or are below normal workmanship stand ards. These items are as follows: 1. You indicated that when the cooling system was in operation,. the temperas by 10 degrees from basement to first floor and an additional 10 degrees frc floor to second floor. You also indicated that a new heating/cooling unit 'v for the addition areas when the remodeling was performed. Based on site it appears that an approximately 3-ton cooling_unit (Ream manufactured 3, installed for the new areas. An older Carrier'unit at the left center appears CRITERXM-YWGST ENGINEERS, INC. 05-0520LetterRpt-final ' 3 M varied first added v'+) w< be for Gerlach August 22, 2006 the original portion of the home. Based on the label on the unit, it appears to have an approximately 2-1/2 ton capacity. With the interior finished in most areas as it is, the details of the ductwor and the exact areas served by each unit could not be fully determined from my ini 'al visual inspection. You also indicated that no paperwork regarding the units was left at the site by the contractor. You also did not have a copy of any heating/cooling, load analysis that should have been performed on the property prior to sizing e heating/cooling units and ductwork. You indicated that a single zone/the ostat was installed on the first floor to control the new heating/cooling unit. If this unit does provide conditioned air to the basement, first and second floors, achieving a uniform balance in all three areas will be difficult, if not impossible, due to the di ering conditions in each area. Additional zone control and/or a separate unit fo the loft space will likely be needed to achieve acceptable balance with the system. As an initial step, I recommend that a copy of the original heating cooling load analysis be obtained from the contractor and reviewed. If an analysis is not available, a new analysis should be performed. After the design values for airflow i each area have been established, the current system should be measured for airflow at each vent and compared to the design values. Depending on the results, some improvement may be obtainable by adjusting the dampers for each area served. If an acceptable balance cannot be achieved in this manner, modifications to the system and/or ductwork will be required. An additional unit may also be needed for the oft area. In addition, copies of the installation and operation manuals for the new heating/cooling unit should be obtained and reviewed. In particular, the items should be evaluated, as their installation appears questionable: a. Review required clearance around air-conditioning compressor/condenser under the deck. b. Review furnace vents on right wall in alcove area for required clearances. In addition, the furnace currently vents over the sidewalk area at the right 'de of the building. This is normally not recommended as the condensate that discharges from the vent pipe in the winter can freeze and form ice. During my site inspection, you reported that ice buildup in this area did occur over the past year. Ice buildup in this area is of particular concern since the building is used for commercial as well as residential purposes and as a result there is a concern. for public safety as ell as the occupants of the home. Modifications to this system are needed to correct this potential liability. 2. No exterior caulking or sealant was applied around the windows, doors, electric m ,-ter, pipe penetrations, etc. As shown in the attached Anderson Window Specifications (the window brand used in this home), caulking is required where the J-channel for the vinyl si ing CRITERIUM-YINGST ENGINEERS, INC. 05-0520LetterRpt-final 4 f Na Gerlach August 22, 2006 adjoins the windows and doors. In addition, the building code, Section 1405.3.101 requires an approved water-resistant caulking at the top and sides of all window and door openings if flashing is not installed. No flashing was visible on the top or sides of the windows or doors. The siding should also be partially removed around at least a few of the new win ows to determine if the window installation complies with the other Andersen installatio instructions and if 15# felt paper was installed under the siding as listed in the Fir stone Specifications (item 5.d.). 3. The stairway at the right side exterior deck for this home does not meet several building code requirements, these include: a. The treads for the steps vary from 15-1/2" to 18-1/2". This exceeds the dimension and uniformity requirement, Section 1014.6.22 which requires the larg st and smallest tread variation not exceed 3/8" inch in any flight of stairs. b. The riser height at the bottom of the stairs is 11 This exceeds the 7- /4" maximum riser height allowed by the building code, Section 1014.63 c. The handrail for this stairs consists of a 2" by 6 piece of dimensional umber. This does not.meet the handrail grip size requirement of the building c de, section 1022.2.44. An additional, properly shaped, handrail should be added t the stairs. 4. Numerous deficiencies and/or unfinished electrical items were noted. These incl a. There. is no ground fault protection on the exterior receptacles at the rig deck or rear porch b. The receptacle at the left front of the exterior deck was not energized. c. The doorbell to the front of the first floor was not operational. d. The main electrical cable at the right center of the building was not pro fastened to the exterior wall. e. There is a switch at the rear porch and a motion detector light at the rez the home that you reported were not completed by the builder. There i additional electrical work on the rear porch that you reported you were responsible for. f. The electrical sub-panel in the basement conference room of the new good condition, however, the circuits within the panel were not label circuits should be properly identified and labeled. g. The recessed light covers are missing in the basement hall ceiling. h. , The ceiling fan blades in the first floor addition area are marred with to be tape residue. The blades need to be cleaned if possible, or reply t Section 1405.3.10, The 1996 BOCA National Building Code, Building Officials and Code International, Inc., 4051 W. Flossmoor Road, Country Club Hills, IL. 2 Section 1014.6.2, The 1996 BOCA National Building Code, Building Officials and Code j International, Inc., 4051 W. Flossmoor Road, Country Club Hills, IL. 3 Section 101.4.6, The 1996 BOCA National Building Code, Building Officials and Code Ac International, Inc., 4051 W. Flossmoor Road, Country Club Hills, IL 4 Section 1022.2.4, The 1996 BOCA National Building Code, Building Officials and Code International, Inc., 4051 W. Flossmoor Road, Country Club Hills, IL CRTTERrUM-YINGST ENGINEERS, INC. 05-0520LetterRpt-final side corner of also some oing and a was in These appears Gerlach August 22, 2006 .J i. There are no receptacles on the front (approximately 12 linear feet) an (approximately 7 linear feet) walls around the loft stairs. Additional r should be added in this area as needed to meet minimum electrical co( j. The smoke detector in the main living room at the front of the first flo hanging loosely by its wires and needs to be properly secured. k. There is a receptacle in the attic area that does not have a cover plate i it. 1. The receptacle on the left wall of the loft storage room is not properly hot and neutral wires are reversed. m. In. the original first floor dining room area, you indicated that the builc pocket doors into the new first floor living room. With this work, a s-% and wires were added at the pocket door, however, there is no light sm rear original entry area between the kitchen and dining room. There light fixture in this area. Additional wiring and switches need to be ac a light fixture is present in the dining room area and can be activated f entry points to the room. In addition, there are two recessed lights in t the ceiling for the dining room, however, there is no switch to operate n. No ground fault protection was provided for the master bathroom rece The whirlpool tub was protected by ground fault circuitry, as is require o. The fan/heat control knob for the timer in the master bathroom was rel during construction. A substitute dimmer control knob was added, ho, does not work properly and needs to be replaced with an adequate con p. The instant hot water dispenser in the kitchen sink does not operate. q. The wall oven in the kitchen is not operational and does not appear to up to the main electric service panel. r. The main 200-amp service panel in the right front of the original portil basement is very poorly wired and below normal workmanship standai panel is also full and it appears that there is no place to add circuitry fc kitchen oven noted above. This wiring should be redone in a proper aI workman-like manner. In addition, asub-panel should be added to pre additional circuitry as needed. s. In the basement workroom, there are numerous receptacles and switch out of the wall that need to be properly secured and have cover plates Item 12 of the Firestone Specifications indicates that all work will conform to the N Code, however, much of the work is not compliant as noted above. At a minimum, we recommend that you retain the services of a competent, qualified ele( go over this entire electrical system and take care of all of the existing deficiencies. The of a project like this is difficult to determine. It is extremely important, however, to assi; existing conditions that could lead to fire or injury hazards are corrected. 5. The exterior door trim has not been painted and should be properly fini primer and finish coats. In item 9.d. of the Firestone Specifications, all exterior areas of the home are to be painted with the exception of any p: CRUERIUM-YINGST ENGINEERS, INC. 05-0520L.etterRpt-final 6 I right side ceptacles ?e standards. r is stalled on red as the r added h at the ) is no d so that n both rear of ;se lights. edly lost er, it knob. hooked L of the s. This the hanging plied. d Electric rician to xact scale that all with a for and Gerlach August 22, 2006 exterior surfaces. The door trim is not a prefinished surface and should halve been painted. 6. At the exterior of the home on the left side, the cement parging on the new portion of the foundation is cracked and loose. This loose parging will increase the potential for water entry through the foundation walls. The loose parging should be exposed and removed (excavation below grade may be required) and new parging and waterproofing applied as required in item 2.d.ii. of the Firestone Specifications. The Building Code also requires a 3/8" minimum parging with Portland Cement Mortar, Section 1813.3.2.15. 7. The downspouts that have been installed only contain approximately 2' to g splash blocks. At the right front, there is an underground extension 'on the downspout, however, it discharges at one of the concrete deck footings. The support post for the deck is partially off the concrete pier at this area. This post should be adjusted and, all downspouts extended at least 10' to 15' away from basement areas to mini ize the potential for water entry. Currently the downspout water is too close to the foundation and contributing to the water entry .problem discussed in item 1 . 8. The grading at the, rear slopes toward the building. As required in the Building Code, Section 1813.76, the ground immediately. adjacent to the foundation should be sloped away from the building and. with at least a slope of 1 in 12, for a minimum istance of 8'. Regrading is needed in this area, however, it is my opinion that regrading in this area is beyond the Firestone Specifications. Item 1 of the Firestone Specifi ations does include excavation and regrading, but only in the area of construction. Based on visible conditions during my inspection there are no indications that excavation was required at the rear of the home for the work scope. Therefore it is my opinion that correction of the grading at the rear of the home was beyond the Firestone Specifications. 9. The main roof area is approximately 50' by 25' on each side of the home (left and right). On the left side there is a single downspout. On the right side, the utter was left open and a downspout was not installed. It is my opinion that these roof areas are too large for a single downspout on each side of the home. As a result, I recommend that a second downspout be added on the left side, two downspouts be added on the right side, and the open gutter area be finished. The roof gutter was not complete around the rear porch area, however, you indicated that that was not part of your contract with the builder. 10. At the front of the basement, there is a concrete sidewalk leading from the . basement door to the street. This sidewalk has a negative slope toward the s Section 1813.3.2.1, The 1996 BOCA National Building Code, Building Officials and Code International, Inc., 4051 W. Flossmoor Road, Country Club Hills, IL. 6 Section 1813.7, The 1996 BOCA National Building Code, Building Officials and Code Ad International, Inc., 4051 W. Flossmoor Road, Country Club Hills, IL. CRUERIUM-YINGST ENGINEERS, INC. 05-0520LetterR.pt-final Gerlach August 22, 2006 As a result, runoff water will flow toward the front basement door. Three Strip-drains were installed in the sidewalk area and there is also a drain near the door. You also indicated that during construction, interior and exterior foundation drains were installed at the footing level. However, the foundation drains were reportedly terminated at the front and not led to a surface discharge or sump pit. You also indicated that as a retrofit, an exterior sump pit and pump were added by the builder, however, water still leaks into the basement. Moisture stains indicative of previous water entry were observed at the front of the basement during my site insp ction. The water entry indicates that the drain systems that were installed are not func ioning adequately. To correct this condition, I recommend that the exterior of the foundation be e?cavated and. a waterproofing and the drainage system improved, as needed. Furthermor the BOCA code requires that walls that retain earth and enclose interior spaces an floors below grade, shall be waterproofed and a drain system placed around the perieter of the foundation. Further, you indicated that you obtained a quote to install a new drain inside basement foundation walls, cutting holes in the base of the block foundation wall to allo it to drain into the new system, installing a pipe inside the base of the wall, and add g a sump pit/pump with battery backup. You should be aware, that while this type of system is often less expensive than exterior repairs, it is not a listed foundation drain sys em within the building code. This system also has the disadvantage that it does not correct the problem. (i.e., keep the water out) but rather serves as an effective collection sy tem for the water. As a result, there is an increased potential for dampness on the inter or of the walls, mold development, and water entry should the pump system fail. As a r sult I recommend that the exterior of the foundation be re-excavated and a drain system/waterproofing consistent with the current building code be installed. 11. The front door to the basement is marred by what appears to be mastic from tape that was apparently applied to the door. The door should be cleaned and repainted as needed to obtain an aesthetically acceptable finish. 12. The interior painting in the new basement portion of the home is not comp, ete. The inside of windows and much of the trim still need to be painted. In additio , there is a significant amount of touch-up work that needs to be done in previously p rated areas. nA 13. In the center workroom in the new portion of the basement, the rear wall a are not finished. You indicated that as a part of the construction project tb foundation wall in this area was to be opened to create access between the and new portions -of the basement. This work is not yet complete. In addi lights and heating/cooling grills were not installed in this area. Section 1813, The 1996 BOCA National Building Code, Building Officials and Code Administrators Inc., 4051 W. Flossmoor Road, Country Club Hills, IL. CRUERNM-YINGST ENGINEERS, INC. 05-0520I.etterRpt-final 1 ceiling original the Gerlach August 22, 2006 14. No floor finishes were installed in the new basement area with the excel bathrooms, which did have a finished sheet-vinyl floor. The Firestone (Items 9.b. and c.) indicate sheet-vinyl will be installed on luan.underla3 bathroom and also list carpet and pad to be picked by the homeowner at of $12 per square yard for the material. 15. In the new basement area, there are two sewage pumps located inside the the workroom. One of the pits is connected to the basement bathroom fix- is required as the basement bathroom is at a lower level than the exiting se from the home. As a result, the effluent must be lifted to main sewer pipe The second pump is connected to a portion of the first floor above. First that are located above the main sewer pipe are normally connected direcl sewer pipe to allow gravity discharge and eliminate the need for a pump is the preferred method as it eliminates the need for a pump system, addi maintenance, and the increased potential for backups into the basement. installed system should function acceptably, it was not piped directly to t sewer pipe per normal practice. As a result there is increased maintenani for periodic pump replacement that will be required. In addition, both sump pit areas have 2" caps that are not installed. This in the odor of sewer gas in the vicinity of the cabinets. 16. The florescent lights in the new basement area are extremely slow in acti turning on the switch, the units take anywhere from 20 to 25 seconds to is particularly a problem in the bathroom area, which is typically left in f position and only activated upon entering the room. It appears that the lc lights have been off, the longer it takes for them to activate. In addition, lights in the right rear basement office area did not operate at all. I recon these lights be modified if possible with new components for normal ope Otherwise I recommend that the fixtures be replaced. 17. In the basement bathroom, the plumbing fixtures have not been completed connected to the plumbing system. As a result, they are currently not fund Several other plumbing issues were also noted during my site inspection, include: a. The venting of the master bathroom toilet does not appear to be adequi can be heard pulling through the whirlpool tub drain when the toilet is b. The double-bowl kitchen sink does not appear to be adequately vented be heard pulling through the right sink trap when water is run into the c. The PVC drain pipe under the laundry area in the basement does not h; adequate downward slope. Air can be heard pulling through the prepa CRMRIUM-YWGST ENGINEERS, INC. 9 05-0520LetterRpt-final M of the nt in the allowance inetry in -Is. This ,r pipe c)or fixtures to the stem. This 'hile the main. and costs resulted ting. After .vate. This «o ff, ;er the e of the end that as air air car sink. sin Gerlach August 22, 2006 in the kitchen when water is run through this pipe. It appears that thisogain indicates a problem with venting of the plumbing. system in the kitchen area. d. Following my site inspection you also indicated that on May 28, 2006 You experienced problems no water pressure in the home due to a leak in a line in the street. You reported that when the water company connected an a iliary water line to the rear exterior faucet you still had no water in the new athroom The piping needs to be further evaluated in this regard. 18. An approximate 12" square hole was cut through the two layers of dry basement bathroom ceiling. This ceiling was designed as a fire-rated i the residential space on the first floor and the commercial office in the a result of the hole being cut, the firebreak between the two areas has 1 compromised. This area needs to be repaired and the fire rating re-est: 19. There are a number of interior finish items that have not yet been below normal workmanship standards, these include: a. The basement bathroom door is not hung in a plumb and square fashic evident in the gap that varies between the door and the stopping on the side. At the top of the door, there is a 1/2" gap while the door is tight t stopping at the floor. This door should be pulled and reset. b. There is a leak stain in the ceiling near the exhaust fan in the basemen c. Following completion of the remaining' construction work, the final cli work areas is needed. d. The left side pocket door, between the dining room and living room or floor, hits the framework. It appears that the door is warped causing ti it is closed. This door should be adjusted or replaced as needed. e. At the whirlpool tub, a portion of the grout is cracked along the joint b surface areas due to differences in normal expansion and contraction a typical vibrations within the home. Recracking of this grout is likely. I recommend that the grout be cleaned from this area and the joints cai an appropriate sealant. f. In the left center original hallway on the first floor, you reported that a stairway was removed and the ceiling has been patched. However, thi not painted at the time of my inspection. Item 9.d.i of the specification that complete interior painting was included in the contract. g. Nail pops were noted in the left rear bedroom ceiling. In addition, son was noted in the original first floor hall wall area. A stain was also no kitchen ceiling above the sink area. Both of these areas require minor I h. At the time of my site inspection, the laundry room ceiling was not yet finished. i. At the top of the original basement stairway, many of the drywall joint cracked and nail have popped out. The trim in this area also need refs: there is a hole where you reported a saw went through. a portion of the during construction. CRrrERIUM-YINGST ENGINEERS, INC. 10 05-0520LetterRpt-final in the i between ment. As or are i. This is latched ) the bathroom. aning of all the first contact as tween two well as Ls a result, ked with area was s indicates e damage ed in the :pair. installed or have tened and Gerlach August 22, 2006 Based on the second to last page of the Firestone Specifications the Contractor was required to repair any construction and finishes which may have become d'rnaged as a result of the work. This same section of the specifications also indicates that "The Contractor shall be responsible for all finished work unless otherwise specifically indicated to be performed by others." As a result it is my opinion that these areas should have been repaired as a part of the overall project. , . 20. There is no handrail8 on the upper portion of the stairway to the loft. In addition, -a guardrail is needed at the open portion of the upper section of stairs where the floor surface is more than 15-1/2" above the floor level below9. In addition, some of the existing balusters are loose and many of the nails were not properly filled and painted. 21. Portions of the walk-in attic area, there is only approximately 4" of insula on installed. Based on Item 4.d. of the Specifications, additional insulation t an R-30 level should be added in this area. 22. The clothes dryer vent runs through the attic area. This vent is the flexible type ducting and it has torn apart within the attic. There is also a large loop in e ductwork which will allow lint and moisture to become trapped creating a otential fire hazard. Furthermore, the ductwork runs at least 8' through the attic pl is at least a similar distance through the first floor. This exceeds the maximum run length generally recommended for flexible.type ducting on clothes dryers. As a result, the ductwork should be replaced with rigid metal ducting. The installation manual for the clothes dryer should also be reviewed to verify that the installation confo s to their requirements. 23. The floor of the shower in the master bathroom flexes and cracks when walked on. This indicates that inadequate bedding material was placed under the shower floor when it was installed. This may ultimately cause the shower floor to crack and leak. Access should be created under the shower floor and appropriate fill material installed to provide a solid base for the shower floor. In addition, the notes on pages 6 and 7 of the Firestone Specifications list the followin? items that should be completed: • Final certificates for all required inspections and official approvals • List of trade, business name and address, contact person, telephone numbe and certificate of insurance for all parties performing work on the project. • One year warranty for the work. 8 Section 10 14.7, The 1996 BOCA National Building Code, Building Officials and Code International, Inc., 4051 W. Flossmoor Road, Country Club Hills, IL. 9 Section 1005.5, The 1996 BOCA National Building Code, Building Officials and Code International, Inc., 4051 W. Flossmoor Road, Country Club Hills, IL. CRITER1UM-YINGST ENGINEERS, INC. 11 05-0520LetterRpt-final R? Gerlach August 22, 2006 Page 7 of the Firestone Specifications also requires the Contractor to set up a final walk through and correct any deficiencies to the satisfaction of the owner. It is my opinion that the above list of deficiencies should be corrected. as specified in that portion of the Firestone Specif cations. The above opinions are offered to a reasonable degree of.engineering certainty based on visible evidence and reported information provided to date. As a result, we reserve the right to eview and revise our comments and opinions should additional information become available or additional investigation be performed. Thank you again for the opportunity to be of service and please call if you have any additional questions. Very truly yours, Stephen M. Yingst, P.E. CRITERIUM-YINGST ENGINEERS, INC. ADD/SMY/mlc 0 5 -0 520-LetterRpt. do c Attachments: Photographs Andersen Window Installation Instructions 1996 BOCA National Building Code References Firestone Construction Specifications CRPPERIUM-YINGST ENGINEERS, INC. 12 05-0520LetterRpt-final .J Exhibit "N" ROBERT L. GILL Township Manager A. JOHN PIETROPAOLI Assistant Township Manager April 1, 2009 EAST.PEN"130R OTOWNSHIP Mr. Leon Gerlach 305 West Shady Lane Enola, PA 17025 Re: Construction without the required Inspection Dear Mr. Gerlach, GEORGE A. DEMARTYN, JR. President JAMES H. HERTZLER Vice President JOHN W. KUNTZELMAN E. THOMAS FRY DOL RES J. MCALISTER I would like to reply in more detail to our conversation on the morni March 31, 2009 at approximately 0900. The permit for your project was is: September 19, 2003 for a commercial addition. Township records indicate inspections were conducted after the footing inspection. The required insE follow, at that time and in progression would be, framing, plumbing, rough (conducted by Third Party), insulation, Final Electrical (Thirst Party), and Final/Certificate of Occupancy. My employment with East Pennsboro Township began late 2004. contacted me in September 2005 to conduct an inspection of unknown determination. I arrived on site September 20, 2005 to find the project cc very near. My report indicates just that. The 1996 BOCA Building Code effect when the permit was issued states that permits expire within 6 me issuance. The Yingst Engineers report, that you provided, indicates several BI Code deficiencies. I am in agreement with many of the reported observabc most appropriate action to resolve these concerns is to issue a new buildir Many areas will have to be exposed for a thorough inspection to be condu would request a site visit so that I may indicate areas from which the wall c must be removed. As Mr. Yingst's report states, there are many plumbing Resolution of all plumbing concerns must be addressed. That will require r wall coverings in the areas of plumbing drain, waste, vent, and perhaps eV water piping. I ask your indulgence due to the fact that the initial required i were never requested by either you or your contractor. of that no to fete or was in of ilding is. The I permit. ted. I )verings ;sues. :moval of m service Additionally, a copy of the approved plans with the. Labor & Indust "Approved" stamp and.their Certificate of Occupancy must be submitted t the Township for review and approval. East Pennsboro Township's policy for i spections had been in place for some time prior to your application. It is unfortunate hat it was 98 South Enola Drive Enola, PA 17025-2796 (717) 732-0711 M Mr. Leon Gerlach 305 West Shady Lane Enola, PA 17025 April 1, 2009 Page 2 of 2 II not followed. At this juncture, I cannot legally issue a Certificate of Occupancy without the PA UCC Building Permit process being followed. This failure to comply with PA State law may have an effect on any future loss your home would incur due to fire, flood, etc. If you decide to submit for a Building Permit and reveal 01 areas concealed, I will be more than happy to assist you in order that your propettty will be in compliance with the Pennsylvania Uniform Construction Code. If I can be of further assistance, please do not hesitate to contact me at 909- 5636. Thank you, Jeffrey S. Shultz Building Inspector, Codes Enforcement Officer Cc: Mr. John B. Owen, East Pennsboro Township Director of Housing Community Development VERIFICATION I, Thomas A. Archer, Esquire, hereby verify that the statements made in the foregoing Complaint 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 falsification to authorities. Date: June 9, 2009 Thomas A. Archer, Esquire CERTIFICATE OF SERVICE I, Jessica R. Porter, Paralegal, hereby certify that on the date set forth true and correct copy of the foregoing Complaint upon the person(s) stated below, Class Mail, addressed as follows: Jason B. Duncan, Esquire Law Offices of Duane P. Stone, P.C. 8 North Baltimore Street P.O. Box 696 Dillsburg, PA 19019 Date: June 10, 2009 -? - -po Jessica R. Porter, I served a U.S. First F1LEI}? ?"FiCE 0I T14,1.. fl) ? ltis .,?R 1,N R i ! t 2OR9 JUNI 12 P -i 2: 14 Meghann L. Garrett, Esquire Attorney I.D. No. 306632 Stone, Duncan, & Ass., P.C. 8 North Baltimore Street Dillsburg, PA 17019 (717) 432-2089 LEON D. GERLACH and IN THE COURT OF COMMON PLEAS FOR ARLENE E. GERLACH CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION - LAW V. f1? -?ci"? Chi Ui J.A. FIRESTONE CONSTRUCTION J.A. FIRESTONE, INC., J.A. JURY TRIAL DEMANDED FIRESTONE CONSTRUCTION, INC. and JEFF A. FIRESTONE Defendants DEFENDANTS' ANSWER TO PLAINTIFFS' COMPLAINT 1. Admitted. 2. Denied. Jeff A. Firestone, an adult individual, is not a proper party to this action as all factual allegations relate to actions taken by the Pennsylvania Corporation J.A. Firestone, Inc. d/b/a J. A. Firestone Construction. Jeff A. Firestone, individually, resides at 2045 Carlisle Road, York, PA 17408. 3. Denied. J.A. Firestone Construction is a registered fictitious name of J. A. Firestone, Inc. and has a registered office of 2045 Carlisle Road, York, PA 17408. 4. Admitted. 5. Denied as stated. J.A. Firestone Construction, Inc. is not a Pennsylvania corporation and Jeff A. Firestone and J.A. Firestone, Inc. do not represent that it is a Pennsylvania corporation. 6. Admitted in part, denied in part. It is admitted that the Pennsylvania Department of State maintains no record of a corporation under the name J. A. Firestone Construction, Inc. However, it is specifically denied that Jeff A. Firestone regularly represents to others, including Plaintiffs, that he is the owner of an incorporated business under that name. Rather, Jeff A. Firestone makes it known that he owns an incorporated business under the name J. A. Firestone, Inc. that does business under the name J. A. Firestone Construction. Any representations that J. A. Firestone Construction is an incorporated business, as opposed to a fictitious name of J. A. Firestone, Inc., were inadvertent. 7. No response required. 8. Admitted in part. It is specifically admitted that on or about June 20, 2003 the Plaintiffs entered into a contract with Defendants for the major remodeling of Plaintiffs' home located at 305 West Shady Lane, Enola, Cumberland County, Pennsylvania 17025 (hereinafter "Property"). However, Defendants specifically deny that Plaintiffs "Exhibit A" of the Complaint represents a full and accurate copy of the initial contract as memorialized by and among parties and demands strict proof thereof. Defendants attach their Exhibit A to this Answer as a full and accurate copy of the initial contract between parties. 9. Denied as stated. The initial contract was signed by Jeff A. Firestone as an agent of J. A. Firestone, Inc. d/b/a J. A. Firestone Construction. The letterhead is a typographical error of which Defendants was unaware until the beginning of this litigation. 10. Denied as stated. Both Plaintiff Leon D. Gerlach and Defendants participated in the drafting of the initial contract and all subsequent contracts. 11. Admitted in part. It is specifically admitted that the drawings attached to Plaintiffs' complaint were provided to Firestone. However, these drawings were not provided to Firestone until approximately three months after the initial contract was created by the parties - initially, Plaintiffs' provided Firestone with only drawings created by Plaintiffs that provided approximations of layout and dimensions. 12. Admitted in part. It is specifically admitted that the initial contract price was $83,580.60. But it is specifically denied that the attached contract specifies the work agreed upon by the parties. See Defendants attached Exhibit A for the work specified in the initial contract. 13. Denied. Plaintiffs have not made all payments to Firestone in accordance with the initial contract even considering any and all credits that were applied to the balance by Firestone. 14. Admitted. 15. Admitted, except to the extent Plaintiffs' counsel refers to the second contract as having occurred in 2004. 16. Admitted in part. It is admitted that the August 26, 2003 contract includes the additional cost of $2,000.00 for installation, but it also includes an additional cost equal to what Firestone had to pay for the air conditioning/heating unit. It is further specifically admitted that a credit of $2,500.00 was provided to Plaintiffs for architect's fees. 17. Denied as stated. It is admitted that Plaintiffs paid the $2,000.00 for the heating system, but it is specifically denied that Plaintiffs have paid all sums to Firestone under the August 26, 2003 memorandum as it amends the initial contract and strict proof thereof is demanded. 18. Admitted. 19. Admitted in part, denied in part. It is specifically admitted that Firestone prepared a bid regarding the kitchen remodel. However, it is specifically denied the Plaintiffs' Exhibit D is a proper reflection of any agreement that resulted from Firestone's bid as it Plaintiffs' Exhibit D does not reflect the entire agreement. 20. Admitted in part. It is admitted that Plaintiffs paid Firestone for the some of the work performed by Firestone in accordance with the kitchen remodel contract. The substantiality of the payments is specifically denied and strict proof thereof is demanded. 21. Admitted in part. It is specifically admitted that the parties entered into a January 23, 2004 contract for additional work to be performed by Firestone. However, parties drafted this contract jointly. 22. Denied. The writing speaks for itself and the agreed upon work to be address in the January 23, 2004 contract was for a total amount of $4,140.87. 23. Admitted in part, denied in part. It is admitted that Firestone gave Plaintiffs a $1,000.00 credit toward the January 23, 2003 contract. This credit was toward the roof overhang because Plaintiff Leon Gerlach insisted the overhang was a cantilever on the print. Defendants are currently without sufficient information or knowledge to form a belief as to the truth or accuracy of the remainder of the averment and it is therefore specifically denied and strict proof thereof is demanded. 24. Admitted in part. It is admitted that Plaintiffs paid Firestone $449.27 for the installation of a window in accordance with a May 12, 2004 contract. However, the parties prepared the contract jointly. 25. Denied. Plaintiffs' Exhibit G refers to a list of miscellaneous work that was not agreed to by the parties but that needed to have prices established before parties agreed to the work and entered into a contract for such work. 26. Denied. All of the items listed in the May 12, 2004 miscellaneous statement were items which Plaintiffs requested after the initial contract. It is specifically denied that Plaintiffs made all payments for work addressed in the May 12, 2004 miscellaneous list as no costs were established. Further, even if the May 12, 2004 miscellaneous list were part of the initial contract, it is specifically denied that Plaintiffs paid the full amount due under the initial contract and strict proof thereof is demanded. 27. Denied as stated. The July 2, 2004 contract encompasses the work listed in the May 12, 2004 miscellaneous list with pricing. The July 2, 2004 contracted was drafted by both the parties. As for the remaining averments in paragraph 27, the documents speak for themselves. 28. Denied. Defendants lack sufficient information and knowledge to form a belief as to the truthfulness of the remaining averment and as such it is specifically denied. Firestone has no record of payment and demands strict proof thereof. 29. No response required as the writing speaks for itself. 30. Admitted in part. It is admitted that all completed work would comply with applicable state and local building codes and zoning ordinances as well as with applicable plumbing, mechanical and electrical codes; however, Firestone was not given the opportunity to complete all work under the initial contract and subsequent contracts as Plaintiffs forced him off the Property before all work was completed. 31. Admitted. By way of further answer, Firestone was not given the opportunity to complete all work under the initial contract and subsequent contracts as Plaintiffs forced him off the Property before all work was completed. 32. Denied. Firestone was not given the opportunity to complete all of the work within the initial contract and subsequent contracts as he was forced off the Property. Further, it is specifically denied that "much" of the work Firestone agreed to perform was no completed or did not comply with applicable codes and strict proof thereof is demanded. 33. Denied. Firestone informed Plaintiffs each time a subcontractor was used on the job and provided all relevant information. By way of further answer, Plaintiffs are merely quoting lines from the contract as having been breached without providing factual support of such a breach. 34. Denied. Firestone specifically denies that he failed to provide a certificate of insurance and therefore demands strict proof thereof. By way of further answer, Plaintiffs are merely quoting lines from the contract as having been breached without providing factual support of such a breach. 35. Denied. Firestone specifically denies he failed to repair various construction and finish work which became damaged and therefore demands strict proof thereof. By way of further answer, Plaintiffs are merely quoting lines from the contract as having been breached without providing factual support of such a breach. 36. Denied as stated. Firestone specifically denies that he failed to provide daily clean up of the premises and surrounding area. However, Firestone admits that on one occasion only he or his crew forgot to bring a vacuum cleaner and asked to borrow Plaintiffs' so that the area could be cleaned; Plaintiff Leon D. Gerlach responded to Firestone's request by yelling at him for not having his own. By way of further answer, Plaintiffs are merely quoting lines from the contract as having been breached without providing factual support of such a breach. 37. Denied as stated. Firestone was under no obligation to provide such warranty as the work was never completed because Plaintiffs forced Firestone off the Property before he could finish work under the contracts and therefore Plaintiffs averment is specifically denied and strict proof thereof is demanded. By way of further answer, Plaintiffs are merely quoting lines from the contract as having been breached without providing factual support of such a breach. 38. Denied. All user manuals and other papers were left behind on the Property when Firestone was forced to leave before completing his work. By way of further answer, Plaintiffs are merely quoting lines from the contract as having been breached without providing factual support of such a breach. 39. Denied as stated. Firestone was not given an opportunity to finish performing under the contracts. Based on Plaintiffs' pleadings, the Plaintiffs were making changes to the contract from June 20, 2003 through July 2, 2004, more than a year. Firestone was told to leave the Property before he had an opportunity to complete all the work thereunder. Firestone has requested opportunity to finish performing and has remained ready and willing to do so. Further, Firestone reached an agreement with Plaintiffs' previous counsel whereby Firestone would be allowed to finish performing under the contracts; when Firestone arrived at the Property to perform under the settlement, Plaintiffs refused to allow Firestone to do so. 40. Denied. Defendants lack sufficient information and knowledge to form a belief as to the truthfulness of the averment and as such it is specifically denied and strict proof thereof is demanded. 41. Denied as stated. Parties reached an agreement with Plaintiffs' previous counsel and Firestone has been ready and willing to complete the work either under the initial contracts or the settlement, but Plaintiff has refused him access to do so. 42. Denied. It is specifically denied that Firestone induced either of the Plaintiffs into agreeing to any costs. Further, Plaintiff Arlene Gerlach is an adult of sound mind who was willing and able to make decisions about the changes to her home - Firestone had no reason to believe otherwise. Defendant is not sure which document is Plaintiffs' Exhibit I as it is not included in the Complaint served on Defendants. However, the costs listed in Plaintiffs' Exhibit J include costs for additional work that had to be completed, not work in other contracts; the remaining averments in Paragraph 42 are therefore specifically denied and strict proof thereof is demanded. Further, Plaintiffs' Exhibit J further indicates that a $1,500.00 credit was given for the handicap walkway and $1,000.00 was not paid. 43. Denied. Defendant lacks sufficient information and knowledge to form a belief as to the truthfulness of the averment regarding Plaintiffs desire to have the tree removed and as such it is specifically denied. Further the removal of the tree was to allow for the handicap ramp to be constructed in accordance with applicable codes and regulations. Further, Plaintiffs could not provide Firestone with accurate measurements for the retaining wall at the time of the initial contract (provided approximately three months after the execution of the initial contract), so a $1,500.00 allowance was set aside at that time. Once Firestone received the actual measurements and performed there were additional costs - the $1,500.00 allowance is reflected in both the initial contract and Plaintiffs' Exhibit J. 44. Denied. Plaintiff Arlene Gerlach is an adult of sound mind who was willing and able to make decisions about the changes to her home - Firestone had no reason to believe otherwise. Defendants specifically deny there was any duress or pressuring of either Plaintiff. Further, "long delays" in completing the work are specifically denied as Plaintiffs made changes to the contracts, and were requesting significant changes to be made, for more than a year. Further, any minor delays in performance were requested by Firestone and approved by Plaintiffs. Defendants further specifically deny that Plaintiffs paid "numerous" additional charges and any additional charges that were assessed were done so because of Plaintiffs failure to provide proper measurements in the initial contract or were rightfully assessed by Firestone for costs incurred. Further, Firestone made numerous credits and applied allowances where appropriate as agreed to by the parties. 45. Denied. Defendants have not overcharged Plaintiffs for work, and Firestone applied credits and allowances where applicable; therefore the averments in Paragraph 45 are specifically denied and strict proof thereof is demanded. 46. Denied as stated. Plaintiffs had inspections done by the Middle Department Inspection Agency and Criterium Yingst Engineers before Firestone was given the opportunity to complete the work. Certainly the above companies would find there were defects and incomplete work when Firestone was forced to leave the Property before he completed the work. Further, Firestone has been ready, willing and able to complete the work under the contracts but Plaintiffs have refused to let him do so. 47. No response required as the document speaks for itself. 48. Denied. While the April 1, 2009 letter speaks for itself, a subsequent meeting with the East Pennsboro Township (occurring at the Plaintiffs' house and where all parties had counsel present) on August 11, 2009 indicated that subsequent inspections had been done but records had not been kept - this was confirmed by Jeff Shultz who was the township inspector in 2003-2004. Further, this August 11, 2009 report indicated that the framing and firestopping was completed, the Labor and Industry has inspected and approved as the conditions exist to day, and that areas revealed to the inspector met code (with the exception of four specific issues that Firestone has agreed to address). This letter is attached hereto as Exhibit B. 49. Admitted in part. It is admitted that the scheduling of inspections was Defendants' responsibility. However, as indicated in Paragraph 48 above, all inspections required up until the date Plaintiffs refused to allow Firestone to continue working were done. No final electrical, plumbing or other inspection could have been completed because electrical and plumbing were not finished. 50. Denied. It is specifically denied that there were "outrageous delay" on the part of Firestone in completing the work and, in fact, Firestone was not given the opportunity to complete the work that parties agreed to over the course of more than a year. Further, as noted in Paragraphs 48-49 above, all inspections were done. Accordingly the only inspection that remains incomplete is the final electrical inspection and Firestone has not had an opportunity to do so to date. 51. Admitted in part. To the extent the document speaks for itself it is admitted. However, at the August 11, 2009 meeting with the township inspectors all work meets code and upon the final electrical (which cannot be completed until Plaintiffs allow Firestone to do so) and when the other three specific issues listed in the letter are resolved an Occupancy Permit can be issued. 52. Denied. The only inspection that needs to be completed is a final electrical (as confirmed in the August 11, 2009 township inspection report) and that does not require the removal of any structure, covering or finish work. Therefore, the averments in Paragraph 52 are specifically denied and strict proof thereof is demanded. 53. Denied. Work completed by Firestone meets the applicable Pennsylvania Uniform Construction Code (2003) as indicated in the August 11, 2009 township inspection report. Therefore, the averments in Paragraph 53 are specifically denied and strict proof thereof is demanded. 54. Denied. Defendant lacks sufficient information and knowledge to form a belief as to the truthfulness of this averment and as such it is specifically denied and strict proof thereof is demanded. By further response, Plaintiffs have not paid the full amount of the initial contract and have also received and retained benefits that were not within the contracts and for which Plaintiffs did not pay. 55. Denied. Defendants lack sufficient information and knowledge to form a belief as to the truthfulness of the remaining averment and as such it is specifically denied and strict proof thereof is demanded. Further, Plaintiffs refused to allow Firestone to finish the work under the initial contract and subsequent contracts and chose to hire a different contractor to finish some of the work. COUNT I: BREACH OF CONTRACT 56. No response required. 57. Denied. Paragraph 57 constitutes a conclusion of law to which no responsive pleading is required; to the extent this averment requires a response, Defendant specifically denies. 58. Denied. Plaintiffs did not pay all amounts owed under the initial contract and subsequent contracts and therefore this averment is specifically denied. Further, Plaintiffs did not allow Firestone to fully perform under the agreement. 59. Denied. By further response: a. Soil was excavated and saved on site in accordance with Paragraph 1 of the initial contract. Any soil that was not adequate for saving was spread for Plaintiffs' neighbor at no expense to Plaintiffs or neighbor. Thus, this averment is specifically denied. b. The contract did not require thermostat zones (see July 2, 2004 contract) - the agreed to cooling/heating system was installed and Firestone has agreed to balance the system to meet required codes, but has not been given an opportunity to do so. Thus, this averment is specifically denied. c. The cooling/heating system passed inspection as installed; zoning of the system was not included in the contracts. Thus, this averment is specifically denied. d. The cooling/heating system passed inspection as installed; zoning of the system was not included in the contracts. Thus, this averment is specifically denied. e. All flashing to exterior windows, doors, and meters was properly installed and caulked. Firestone believes that one heating pipe was not caulked and has agreed to address this but has not been provided the opportunity to do so. Thus, this averment is specifically denied except to the extent that the one heating pipe still requires caulking. f. Plaintiff Leon D. Gerlach was very adamant at having the deck stairway completed as it stands today despite Firestone telling him that the design would not pass inspection. Indeed, the deck stairway is one of the four items addressed in the township's August 11, 2009 letter. Firestone has agreed to fix the deck stairway to comply with the proper codes even though the work was done to Leon Gerlach's specifications, but Firestone has not been provided an opportunity to do so. Thus, this averment is specifically denied to the extent Plaintiffs allege Firestone failed to do the work as instructed to do so by Plaintiffs. g. Number 1-19 in this subsection are a punch-list of items to be done before final electrical inspection. As mentioned in previous paragraphs, Firestone was forced to leave the Property before he could complete the electrical work. Firestone has agreed to complete the items listed in this subsection, but has not been given an opportunity to do so. Thus, this averment is specifically denied. h. Firestone was forced to leave the Property before he had the opportunity to paint the door trim. Firestone has agreed to complete the painting, but has not been given an opportunity to do so. Thus, this averment is specifically denied. i. Firestone agreed to repair any cement that broke free, but lack sufficient information and knowledge to form a belief as to the truthfulness of the averment. Thus, this averment is specifically denied. j. Gutters and downspouts were completed at Firestone's expense and completed by American Aluminum Insulation, Inc. Further, the township inspector agreed at the August 11, 2009 meeting that the downspouts met code. Thus, this averment is specifically denied. k. An exterior sump pump was instilled until grading was completed and at the time Firestone was forced to leave the Property there was no known leaking or draining into the basement. Plaintiffs, however, had the exterior sump pump moved into the interior of the basement by T.R. Rollason Builder (hereinafter "Rollason") or some other contractor when it should have been left outside or disconnected and removed. Thus, this averment is specifically denied. 1. Firestone was forced to leave the Property before he had the opportunity to complete the painting; Firestone has agreed to complete the painting but has not been provided an opportunity to do so. Thus, this averment is specifically denied. in. Firestone was forced to leave the Property before he had the opportunity to complete the painting; Firestone has agreed to complete the painting but has not been provided an opportunity to do so. Thus, this averment is specifically denied. n. This was the room that Firestone was working on when he was forced to leave the Property. Further, Firestone has agreed to complete the finish work in the basement workroom but has not been provided an opportunity to do so. Thus, this averment is specifically denied. o. Firestone was forced to leave the Property before he had the opportunity to complete this project. Thus, this averment is specifically denied. Plaintiffs had this completed by Rollason or some other contractor after Firestone was forced to leave the Property; Plaintiffs had additional work done by Rollason and other contractors that was not part of Plaintiffs' contracts with Firestone and to the extent Plaintiffs are suing Firestone for work outside the contracts the averment is further denied. p. Installation of floor finishes was not within the parties' contracts and therefore this averment is specifically denied. q. At the August 11, 2009 meeting the township inspectors agreed that sewage discharge pipes and sump pit cover were properly installed and in accordance with the applicable codes and therefore this averment is specifically denied. r. The florescent lights were not installed improperly, but need different bulbs. To that extent, the averment is specifically denied. Further, Firestone has agreed to replace the bulbs but has not been provided an opportunity to do so. S. i. Firestone was forced to leave the Property before he had the opportunity to complete this project. Thus, this averment is specifically denied. ii. At the August 11, 2009 meeting, the township inspectors agreed that the vent to the master bathroom toilet met code. Firestone was forced to leave the Property before he had the opportunity to complete this project. Thus, this averment is specifically denied. iii. Venting for the double sink was not within the parties' contract (see October 17, 2003 contract) and to that extent this averment is specifically denied. iv. Defendants are without sufficient information or knowledge to form a belief as to the truthfulness of this averment and therefore it is specifically denied. To the extent this was completed by Rollason or some other contractor, Firestone demands strict proof thereof. v. The laundry drain pipe was in the existing house and not within the scope of work. To that extent this averment is specifically denied. vi. Firestone has no control over the amount of water pressure that is supplied to the home by the township. Further, all plumbing work passed inspections. Thus, this averment is specifically denied. t. Firestone did not cut the hole in the bathroom ceiling and to that extent this averment is specifically denied. Further, Firestone has agreed to fix the hole but has not been given an opportunity to do so. U. i. Defendants are without sufficient information or knowledge to form a belief as to the truthfulness of this averment and therefore it is specifically denied and strict proof thereof is demanded. However, Firestone has agreed to make any alterations that are necessary but has not been given an opportunity to do so. ii. Defendants are without sufficient information or knowledge to form a belief as to the truthfulness of this averment and therefore it is specifically denied and strict proof thereof is demanded. However, Firestone has agreed to fix the stain if it was indeed caused by a leak but has not been given an opportunity to do so. iii. Firestone cleaned those areas that it messed up throughout the time it worked on the project. Thus, this averment is specifically denied and strict proof thereof is demanded. Further, Firestone has agreed to clean any areas that may have been left dirty as a result of Firestone being forced off the Property, but has not been given an opportunity to do so. Further, Firestone specifically denies any responsibility for messes left by the numerous other contractors that have worked on the Property since Firestone was forced to leave. iv. The pocket door has been hung; to the extent it was hung improperly, Firestone has agreed to fix this, but has not been given the opportunity to do so. Thus, this averment is specifically denied and strict proof thereof is demanded. v. - ix. These items are punch-list items to be completed at the end of the project. Because Plaintiffs forced Firestone from the Property before it could complete the work, these averments are specifically denied. x. Defendants are without sufficient information or knowledge to form a belief as to the truthfulness of this averment and therefore it is specifically denied and strict proof thereof is demanded. To the extent this is a punch- list item, Firestone was not given the opportunity to complete the project and this averment is further denied. v. Firestone was forced to leave the Property before it had an opportunity to install the guardrail along the loft stairway and therefore this averment is specifically denied. By way of further response, Firestone has agreed to install the guardrail in accordance with the applicable code but has not been given an opportunity to do so. w. Installation of insulation was not within the scope of parties' contracts (see August 26, 2003 contract) and therefore this averment is specifically denied and strict proof thereof is demanded. x. Firestone installed a dryer vent that met code and therefore this averment is specifically denied and strict proof thereof is demanded. By way of further response, Plaintiffs decided they wanted a different style of vent after Firestone installed the current vent. However, Firestone has agreed to address the propriety of the dryer vent but has not been given an opportunity to do so. y. The shower floor was properly installed and therefore this averment is specifically denied and strict proof thereof is demanded. However, Firestone has agreed to spray foam beneath the shower floor to alleviate Plaintiffs' complaints, but has not been given an opportunity to do so. z. Firestone used the grade materials that were contracted for and therefore this averment is specifically denied and strict proof thereof is demanded. By way of further response, Firestone did a lot of work at his cost without charging Plaintiffs (e.g. the installation of the gutters by American Aluminum Insulation, Inc. was done at Firestone's expense and Plaintiffs never paid Firestone for that portion of the contract). 60. Denied. Defendants are without sufficient information or knowledge to form a belief as to the truthfulness of this averment and therefore it is specifically denied and strict proof thereof is demanded. By way of further response, Firestone believes that Plaintiffs exchanged fixtures (i.e. a toilet for a right-hand flush toilet) and Firestone specifically denies being responsible for such choices that fall outside of parties' contracts. 61. Denied. All work completed by Firestone passed inspections up until the time Firestone was forced to leave the Property and therefore this averment is specifically denied and strict proof thereof is demanded. 62. Denied. All work completed by Firestone passed inspections up until the time Firestone was forced to leave the Property and therefore this averment is specifically denied and strict proof thereof is demanded. By way of further response, the township inspectors agreed at the August 11, 2009 meeting that all work done to date is in accordance with applicable codes. 63. Denied. Firestone was complying with the terms of the contracts when he was forced to leave the Property by Plaintiffs and therefore this averment is specifically denied and strict proof thereof is demanded. By way of further response, Plaintiffs did not sever the contracts in accordance with the terms of the agreement; rather, Plaintiffs verbally told Firestone to leave and refused him access thereafter as opposed to in writing in accordance with the initial contract. 64. Denied. The warranty provision of the contract does not come into play until the work is completed and therefore this averment is specifically denied. Further, for the work that Firestone was able to complete before being forced from the Property, he has warranted the work for on year. However, only Firestone's work is warranted under the contract and any manufacturers warranties are not Firestone's responsibility. 65. Denied. Firestone reached a settlement agreement with Plaintiffs and their prior counsel to address those items that Plaintiffs felt were not deficient, but Firestone was refused access to carry out the settlement agreement and therefore this averment is specifically denied. Further, Firestone has been attempting to reach a new agreement with Plaintiffs' current counsel to address those items that Plaintiffs feel were deficient and that fall under the parties' contracts, but has not yet been provided an opportunity to do so. 66. Denied. Defendants are without sufficient information or knowledge to form a belief as to the truthfulness of this averment and therefore it is specifically denied and strict proof thereof is demanded. By way of further response, Firestone specifically denies any responsibility for costs incurred by Plaintiffs for work that did not fall within the parties' contracts or for costs incurred by Plaintiffs because Plaintiffs changed their minds. COUNT II - BREACH OF THE IMPLIED WARRANTY OF REASONABLE WORKMANSHIP 67. No response required. 68. Denied. Paragraph 68 constitutes a conclusion of law to which no responsive pleading is required; to the extent this averment requires a response, Defendants specifically deny. 69. Denied. See response to Paragraph 59 and its subparagraphs as Defendants responses are the same. 70. Denied. It is specifically denied that Firestone's work has caused foreseeable property damage to the structure of the home or foreseeable dangerous structural instability or safety defects and strict proof thereof is demanded. Further, Defendants are without sufficient information or knowledge to form a belief as to the truthfulness of the remainder of this averment and therefore it is specifically denied and strict proof thereof is demanded. COUNT III - BREACH OF THE IMPLIED WARRANTY OF HABITABILITY 71. No response required. 72. Denied. Paragraph 72 constitutes a conclusion of law to which no responsive pleading is required; to the extent this averment requires a response, Defendants specifically deny. 73. Denied. See response to Paragraph 59 and Paragraph 69 and their subparagraphs as Defendants responses are the same. 74. Denied. By way of further response: a. Defendants are without sufficient information or knowledge to form a belief as to the truthfulness of this averment and therefore it is specifically denied and strict proof thereof is demanded. Further, any rain damage that may have occurred is also the responsibility of Plaintiffs' decision to refuse Firestone access to the Property to complete the work or to fix the work and Plaintiffs' decision to hire other contractors who may have taken actions that resulted in Plaintiffs' claims against Firestone. b. Defendants are without sufficient information or knowledge to form a belief as to the truthfulness of this averment and therefore it is specifically denied and strict proof thereof is demanded. Further, any rain damage that may have occurred is also the responsibility of Plaintiffs' decision to refuse Firestone access to the Property to complete the work or to fix the work and Plaintiffs' decision to hire other contractors who may have taken actions that resulted in Plaintiffs' claims against Firestone. c. Defendants are without sufficient information or knowledge to form a belief as to the truthfulness of this averment and therefore it is specifically denied and strict proof thereof is demanded. Further, any rain damage that may have occurred is also the responsibility of Plaintiffs' decision to refuse Firestone access to the Property to complete the work or to fix the work and Plaintiffs' decision to hire other contractors who may have taken actions that resulted in Plaintiffs' claims against Firestone. Further, Firestone has agreed to balance the heating/cooling system but has not been given an opportunity to do so. d. Defendants are without sufficient information or knowledge to form a belief as to the truthfulness of this averment and therefore it is specifically denied and strict proof thereof is demanded. Further, any rain damage that may have occurred is also the responsibility of Plaintiffs' decision to refuse Firestone access to the Property to complete the work or to fix the work and Plaintiffs' decision to hire other contractors who may have taken actions that resulted in Plaintiffs' claims against Firestone. Further, the work performed by Firestone passed inspections and therefore Defendants specifically deny that there are any structural instabilities caused by Firestone's actions. 75. Denied. Defendants are without sufficient information or knowledge to form a belief as to the truthfulness of this averment and therefore it is specifically denied and strict proof thereof is demanded. COUNT IV - VIOLATION OF PENNSYLVANIA UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW ("UTPCPL"), 73 P.S. 201-1, et seg. 76. No response required. 77. No response required as the document speaks for itself. 78. No response required as the document speaks for itself. 79. No response required as the document speaks for itself. 80. No response required as the document speaks for itself. 81. No response required as the document speaks for itself. 82. No response required as the document speaks for itself. 83. No response required as the document speaks for itself. 84. Admitted in part. It is specifically admitted that Plaintiffs entered into contracts with Firestone for the remodeling of their home and business. However, Defendants are without sufficient information or knowledge for form a belief as to the truthfulness of the remainder of the averment and therefore it is specifically denied and strict proof thereof is demanded. 85. Denied. Paragraph 85 constitutes a conclusion of law to which no responsive pleading is required; to the extent this averment requires a response, Defendants specifically deny. 86. Denied. Paragraph 86 constitutes a conclusion of law to which no responsive pleading is required; to the extent this averment requires a response, Defendants specifically deny. 87. Denied. Defendants are without sufficient information or knowledge for form a belief as to the truthfulness of this averment and therefore it is specifically denied and strict proof thereof is demanded. 88. Denied. Paragraph 88 constitutes a conclusion of law to which no responsive pleading is required; to the extent this averment requires a response, Defendants specifically deny. By way of further response, Firestone did adhere to the contracts up until the time when Plaintiffs forced Firestone off the Property and refused to let him continue to do work or finish work in accordance with the parties' contracts. 89. Denied. Defendants are without sufficient information or knowledge for form a belief as to the truthfulness of this averment and therefore it is specifically denied and strict proof thereof is demanded. By way of further response, Plaintiffs forced Firestone to leave the Property before he was able to finish work under the contracts and Firestone has attempted to finish work or address those issues of which Plaintiffs complain on a number of occasions; therefore, any damages sustained are a result of Plaintiffs' own making. NEW MATTER 90. Jeff A. Firestone, individually, is not a proper party to this suit because the contracts were entered into by Jeff A. Firestone as an agent of J. A. Firestone, Inc. d/b/a J. A. Firestone Construction. At no point did Jeff A. Firestone act as an individual or outside of the corporate form. 91. At no point during the time the parties contracted did Jeff. A. Firestone verbally represent that he was the owner of a corporation called J. A. Firestone Construction, Inc. The letterhead that indicates such was a typographical error and all work done under the contracts was done by J. A. Firestone, Inc. d/b/a J. A. Firestone Construction. 92. Any minor delay that occurred during the course of exercising the parties' contracts occurred because of extenuating circumstances and Firestone received prior approval from Plaintiffs before any minor delay in performance. 93. Except for approved minor delays in performance, Firestone remained ready, willing and able to fully perform under the contract. 94. Defendants and counsel met with Plaintiffs and previous counsel, Keith O. Brenneman, to discuss points of settlement in March, 2009. 95. At that meeting it was agreed that Firestone would meet at Plaintiffs' house on April 20, 2009 at 9:00 a.m. to address the electrical, handrail and other items necessary for a certificate of occupancy; to address the remaining electrical code matters identified in the MDIA report; and to address the necessary adjustments of the heating system. This can be confirmed in a letter from Attorney Brenneman dated March 13, 2009 and attached hereto as Exhibit C. 96. On April 20, 2009 at approximately 9:00 a.m., Firestone arrived at Plaintiffs' residence in order to effectuate those issues addressed at the meeting and memorialized in Attorney Brenneman's letter, but Plaintiffs refused to allow Firestone access to the Property and refused to allow Firestone to do the work agreed upon; thus, Plaintiffs' claims may be barred in whole or in part for failure to mitigate their damages. 97. Firestone was ready, willing and able to complete the work on April 20, 2009, just as he was in 2004 when Plaintiffs forced Firestone to leave the job; as such, Plaintiffs' claims may be barred in whole or in part by the doctrine of accord and satisfaction. 98. Firestone was in the process of completing work under the parties' contracts when it was told to leave the Property and stop all work under the contracts by Plaintiff Leon D. Gerlach. 99. Firestone was never given written notification of the termination of the contracts; thus, Plaintiffs' claims may be barred in whole or in part for breach of contract by Plaintiffs. 100. Plaintiffs have sued Defendants for a number of issues that fall outside of the parties' scope of contract; thus, Plaintiffs' claims may be barred in whole or in part for failure to state a claim upon which relief can be granted. 101. Plaintiffs have had other contractors do work on the Property (work that was to be completed under the contracts at issue and additional work outside of the scope of the parties' agreement) over the last five years; thus, Plaintiffs claims may be barred in whole or in part for failure to show cause and that the damage complained of was not the doing of some other contractor. 102. Plaintiff's claims may be barred in whole or in part by the fact that the East Pennsboro Township has found that Defendants' work was done in compliance with applicable codes up until the time Firestone was forced to leave the Property and stop work. 103. Plaintiffs' claims may be barred in whole or in part by Firestone's substantial performance. 104. Plaintiffs' claims may be barred in whole or in part by the equitable doctrines of estoppel, unclean hands, latches, or waiver. COUNTERCLAIM COUNT I - BREACH OF CONTRACT 105. Paragraph 1-104 are incorporated herein by reference as if set forth in full. 106. Parties entered into a series of contracts over the course of the years 2003 and 2004. 107. The terms of the contracts did not include a time is of the essence clause. 108. Firestone began to perform under the agreements. 109. With the exception of a short amount of time during which Firestone requested a minor delay of performance and to which Plaintiffs agreed, Firestone remained ready, willing and able to perform under the contracts. 110. Plaintiffs breached the terms of the parties' contracts by: a. Willfully precluding Firestone from continuing to perform under the contracts by refusing Firestone access to the Property. b. Failing to provide written notice of termination or the reasons for such termination to Firestone. c. Failing to pay the full amount due and owing under the initial contract and/or the subsequent contracts thereto. 111. As a result of the actions and failures of Plaintiffs, Firestone has been caused to lose money that Firestone pre-paid for materials and that Firestone paid to subcontractors for their services; Firestone has also been caused to lose a substantial amount of time. COUNT II - UNJUST ENRICHMENT 112. Paragraph 1-111 are incorporated herein by reference as if set forth in full. 113. Firestone conferred benefits on Plaintiffs in that Firestone paid American Aluminum Insulation, Inc. to install gutters onto Plaintiffs' home. 114. Plaintiffs appreciated these benefits. 115. Plaintiffs accepted and retained these benefits under circumstances that would be inequitable for Plaintiffs to retain the benefit without payment of value. 116. As a result of the actions and failures of Plaintiffs, Firestone has been caused to lose money that Firestone pre-paid to contractors and/or subcontractors on Plaintiffs behalf and request. WHEREFORE, Defendants respectfully request this Honorable Court dismiss Plaintiffs' Complaint with prejudice or such other relief as this Court deems just and proper. Respectfully Submitted, STOltf, DLNCSAN, & ASS., PC Meghann L. Garrett, Esq. Attorney ID # 306632 Jason B. Duncan, Esq. Attorney ID # 87946 8 North Baltimore Street Dillsburg, PA 17019 Ph. (717) 432-2089 Fx. (717) 432-0158 Attorney for Defendants Meghann L. Garrett, Esquire Attorney I.D. No. 306632 Stone, Duncan, & Assoc., P.C. 8 North Baltimore Street Dillsburg, PA 17019 (717) 432-2089 LEON D. GERLACH and ARLENE E. GERLACH Plaintiffs IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. J.A. FIRESTONE CONSTRUCTION J.A. FIRESTONE, INC., J.A. FIRESTONE CONSTRUCTION, INC. and JEFF A. FIRESTONE Defendants JURY TRIAL DEMANDED VERIFICATION The undersigned hereby verifies that all factual allegations made in the Answer to Plaintiffs' Complaint, New Matter and Counterclaim are true and correct to the best of my knowledge, information and belief. Dated: Megh L. Garrett , Esq. Attorney for the Defendants Exhibit A FROM 21ST CENTURY WATER, INC. FAX NO. : 717 764-1264 Jan. 31 2006 01:44PM P2 J. A. FIRESTONE CONSTRUCTION INC. 6490 CLEf814EWROAD, DOME!?, PA 17515 (717) 764-1864 Date: June 20, 2003 To: Leon & Arlene Gerlach From: JA Firestone Construction Re: 23' W x 36' L 2 story addition Site Work a. All topsoil in the immediate area of construction is to be stripped and stockpiled on site. All excavation for basement and footer work will be to the depth as determined by Contractor. b. The entire excavation site is to be backfilled with fill obtained from the excavation site. If existing fill is not appropriate, fill may have to be brought in at the Homeowners expense. Disturbed area around building site is to be rough graded with the stockpiled topsoil upon completion of construction. If additional topsoil is needed, topsoil will be brought in at the Homeowners expense. Note: Any extra fill ground or topsoil will be disposed of by taking it to the neighbor at the adjacent property. 2. Concrete and Masonry a. Footings i_ Placement of 4000 p.s.i. concrete to the dimensions and depth to meet all local building codes and inspections shown on drawings provided by Homeowner. b. Basement i. 4" Concrete door of *4000 p.s.i. with 4" to 6" of crushed stone over sub-grade. ; c. Exterior entry pads and sidewalks i. 3 V2" thick, 3500 p.s.i. concrete over 3" to 4" crushed stone. Rough broom finish applied to wearing surface. d_ Foundation i. S" Block foundation wall on footings above grade with %2" top coarse being FHA semi-solid and anchor bolts 4' o.c. Note: Finish height of block will be field verified on site by Contractor per drawings provided by Homeowner. ii. Cement parging over exterior concrete block. iii. Foundation drain to have interior and exterior continuous 4" perforated plastic pipe at footing level. Exterior pipe covered with crushed stone backfll. All drains connected to sump pit with sump pump (submersible, minimum 1/3 h.p.). FROM : 21ST CENTURY WATER, INC. FAX NO. : 717 764-1264 Jan. 31 2006 01:44PM P3 e_ Brick i. Standard or oversized brick ($450.00 per thousand allowance). Brick to be tied to exterior block walls using wall ties. f Structural Columns i. 1- 3" diameter steel columns in quantities and location for structural beam support. 3. Rough Frame a. Floor Framing i. 2 x 6 #2, pressure treated top plate continuously anchored to concrete block foundation. 2 x 10, 2 x 12, or T.J.I. floor joists at 16" o.c. unless noted otherwise- All joist spans and structural requirements will meet applicable building codes. 3/a" T & G interior grade plywood with exterior glue applied to floor framing with structural adhesive. b. Exterior Walls i. 2 x 6 studs @ 16" o.c. with single bottom plate and double top plate. c. Interior Walls i. 2 x 4 studs @ 16" o.c. with single bottom plate and double top plate. d. Headers i. All exterior headers over windows and doors to be minimum 2 2 x 12's. Where needed structurally, additional 2 x 12's will be used, or a structural steel beam depending on loads. Sizes, numbers, and locations shown on drawings provided by Homeowner. All interior headers will be a minimum 2- 2 x 8's. Double jack studs will be used on structural openings. e. Misc. Posts and Beams i. Member's location, sixes, and spacing will meet all applicable building codes. f. Roof L Engineered roof trusses at 24" o.c. ii_ in certain models some roof areas may be stick framed with roof rafters. Size and spacing to be noted on drawings provided by Homeowner. iii. 5/8" CDX 4-ply plywood sheathing with "H" clips between plywood sheets at 24" o.c. Note: All framing members to be ##2 or better spruce/pine/fir unless noted otherwise. 4. -Insulation a. Fiberglass or foam compressible sill seal between wood sill plate and concrete block foundation, b. 6" R-19 insulation between first floor joists over unheated area, held in place with spring wire supports. c. 6" R 19 bate insulation installed between exterior studs. Total R -value 21. d. R-30 batt insulation between sloped roof ratters, R-30 batt insulation FROM 21ST CENTURY WATER, INC. FAX NO. : 717 764-1264 Jan. 31 2006 01:45PM P4 C. Ventilation baffles are placed between trusses and rafters to allow free air flow between insulation and roof sheathing at eaves. f. Exposed exterior house walls wrapped the Tyvek air infltration barrier. g. Polycell foam sealant at exterior house penetrations. 5. Sim a. Vinyl siding to be Wolverine Double 4'/2 or Wolverine Double 4 or 5, with all connectors, fasteners, and trim in colors and style chosen from samples provided by Contractor. b. Continuous vinyl or aluminum soffit and rake with perforated soffit ventilation front and rear. c. Install horizontal PVC siding to existing home matching siding to new addition. d. # 15 felt paper e. All accessories, including starter strip, F channel, utility, and under-sill trim, one piece inside and outside corner post, soffitt fascia, rake and window and door trine. Note: Replacement of rotten wood will be at additional expense to the homeowner. 6. .Roofing a. 30# felt paper applied over plywood sheathing. b. Aluminum drip edge flashing around perimeter of roof c. 30-yr. Fiberglass shingles with 5" exposure. d. Aluminum flashing at roof penetrations and intersections where required. e. Vents installed and sealed. f Cobra "Ridge vent" attic ventilation. 7. Gutters and Downspouts a. Gutters to be aluminum .027 GA, 5" dimension. Downspouts to be aluminum _027 gal, rectangular 2"x 3". Color of your choice. If stone water management trenches are not required, existing downspouts will discharge onto existing grade. Note: All gutters will have gutter caps. 8_ Doors and Windows a. Metal Insulated Exterior Doors i. Sizes, location, and style as noted on drawings provided by Homeowner. We have a catalog for different styles to choose from or there are displays available at John H. Myers & Sons. Note: Front door will have sidelights. b. Interior Doors i. 3' x 6' 8" Doors to be hollow-core birch veneer or raised six-panel molded of sizes and locations as shown on drawings provided by Homeowner. FROM : 21ST CENTURY WATER, INC. FAX NO. : 717 764-1264 Jan. 31 2006 01:45Pt4 P5 c. Windows i. Anderson vinyl on vinyl, high performance double hung tilt windows will be used in all areas of the house, except where noted differently. AU glazing to be high-performance and all windows come with screens. Grilles standard with all double-hung windows. All windows are of the size and location shown on drawings provided by Homeowner. d. Hardware i. To be "Schlage" (Plymouth design) in bright brass finish. All single leaf exterior swing doors to have I Y2 pair of hinges with knob and key. Double leaf exterior swing doors to have three pairs of hinges with lever handle and deadbolt thumb latch. AR anterior swing bedroom and bathroom doors to have one and %2 pair of hinges and privacy button knobs. All other interior swing doors to have passage set knobs. All interior swing doors to have hinge- mounted adjustable doorstops. Several styles available to choose from. Note: Homeowner to provide exterior locks. 9. Finishes a. Drywall i. %2" type `k" drywall to be glued, and screwed to commons wall(s) of house and to the ceiling. Drywall will be taped and spackled at joints (three coat finish.). b. Resilient Floors i. Bathrooms to have sheet vinyl flooring installed on %d" luau underlayment. To be determined by Homeowner. ($2.00 per sq. ft. allowance.) c. Carpet and Pad i. Styles, colors, to picked by Homeowner from the carpet contractor. ($12.00 per sq. yd. allowance.) d. Painting and Staining i. Complete interior (one each wall color and one each trim color) and exterior painting. (Excluding exterior surfaces of pre-finished windows, pre-finished patio doors, gutters, downspouts, fascias, and soffits). Buttered and/or swirled finished walls and ceilings will not be painted. 10. Specialties ,j! Clothing closets i. Each clothes closet to bave two (2) continuous vinyl-coated steel shelf/rod combination. b. Toilet and Bath Accessories L All baths and powder rooms to include chrome accessories; one each toilet tissue-paper holder, and one each 24" towel bar in chrome finish. shower to be provided with shower curtain rod in chrome finish. ($75.00 allowance per bathroom) FROM : 21ST CENTURY WATER, INC. FAX NO. : 717 764-1264 Jan. 31 2006 01:46PM P7 Allowances included in price: Lighting allowance 1200.00 Entrance door allowance 1075.00 Spa-Tub allowance 900.00 Carpeting allowance (12,00/sq yd) 6644.58 Vinyl flooring allowance (2.00/sq ft) 240.00 Bathroom fixtures allowance 1700.00 Total $83,580.61 Filing of a bid by the bidder to the owner shall be evidence that the bidder has: A. Carefully examined the bidding documents and submitted his bid accordingly B. Visited the site and investigated the existing conditions and limitation of the site under which he must operate or which will be in any manner affect the work C. Included in the proposal a sum sufficient to cover all items required for the complete construction based on the materials, systems and equipment required by the bidding requirements All work shall comply with applicable state and local building codes and zoning ordinances as well as with applicable plumbing, mechanical and electrical codes. Prior to commencement of construction, the Contractor shall field verify all existing conditions and dimensions as become available, and shall be responsible for same. He shall notify the owner of any variation from the drawing information prior to proceeding with the work The Homeowner shall be responsible for paying for and obtaining all permits, approvals, and inspw nce required for conduct of the work, as dictated by applicable state and local codes. 96 MC a-, vF<s The Contractor shall be responsible for obtaining all required inspections and for securing all official approvals of work performed. All certificates shall be submitted to the owner upon completion of work. The Contractor shall provide competent fulltitne supervision, observe the most stringent safety practices, and coordinate work of the various subcontractors to assure efficient and orderly sequence of installation of construction elements, with provisions for accommodating items installed by others. Prior to work the Contractor shall provide the owner with a list of all parties performing work on the project. Information shall include: A. Trade B. Business name and address C. Name of contact person D. Telephone number E. Certificate of Insurance FROM 21ST CENTURY WATER, INC. FAX NO. 717 764-1264 Jan. 31 2006 01:47PM P8 Draw Schedule 50% deposit upon acceptance of bid 41,790.30 15% upon completion of block work 12,537.09 15% upon completion of framing 12,537.09 10% upon completion of drywall and trim 8,358.06 5% upon completion of painting and hardware 4,179.03 5% upon completion of punch list and final walk-through 4,179.03 Date Leon Gerlach ".00? Date .5 Tres a truc a FROM 21ST CENTURY WATER, INC. FAX N0. : 717 764-1264 Jan. 31 2006 01:47PM P9 Prior to starting construction, the contractor must present to the owner a certificate of insurance. The Contractor shall be responsible for all demolition of the existing structure as required to incorporate all new construction, or the owner may direct as. The owner must be notified by the Contractor in writing of any deficiencies in owner furnished equipment, materials, etc-, prior to commencement of construction. The Contractor shall arrange a pre-construction meeting with the owner prior to the commencement of work. The Contractor shall be responsible for protecting the common area and adjacent rooms. The Contractor shall repair any construction and finishes, which may have become damaged as a result of work. The Contractor shall be responsible for all finished work unless otherwise specifically indicated to be performed by others- fluting construction the Contractor shall provide daily cleanup of the premises and surrounding area, and remove all construction debris to trash dumpsters. Public corridors, adjacent spaces and exterior of the building must be kept clear of equipment, fixtures and trash at all times. Should the Contractor fail to comply, the owner may . proceed, upon written notice, with the necessary cleanup and removal, which will be reflected as a back charge to the Contractor. Upon completion of work, the Contractor shall promptly remove any excess materials from the premises. Should the Contractor hail to comply, the owner may proceed, upon written notice, with the necessary demolition, cleanup and removal, which will be reflected as a back charge to the Contractor. The Contractor shall issue a warranty stating that the work performed under this contract conforms to the contract requirements and is free fiom any defimts of equipment, material or design fmnished, or workmanship performed by himself and his subcontractors at any tier. Such warranty shall continue in effect from the date of completion for at least one (1) year. Under this warranty, the contractor shall also restore any work damaged in fulfilling the terms of the warranty. Upon completion of work, the Contractor shall notify the owner to sct up a final walk through; upon completion of final walk through any deficiencies in material, equipment or workmanship must be corrected to the satisfaction of the owner before final payment is made. Exhibit B - J U-) sY JEFFREY S. S Building Inspe EAST PENNSBORO TOWNSHIP A"iD Codes Enforcemei 98 SOUTH ENOLA DRIVE EAST PENNSBORO TOWNSHIP ENOLA, PA 17025 (717) (717 (717) 732-0711 96 S. Enola Drive Fax: [717] (717) 732-7810 Fax Enola, PA 17025-2796 Email: Jshultz@eastF Building Permit # INSPECTION REPORT ls'c,Wq-, ( %tin C3::-Vkk& LOCATION: ? ATE: TIME: At the applicant's request a non-destructive inspection of the S ryw-Z 4 c was performed at the above referenced location. The following conditions were obsenyed a d recommendations made. Please refer any questions or comments to the Building Inspector at the Township Office. (T'7 cC7 t-62, 16 ! 01u(.Ale" J W r--)1 Cd7&,'3 Di'tL!A ! .h, is ? f? (7? i ctY?Q +SSLcj?j TrGcvi?'? C:5 a ? 4Ltj T P1 01?j A r3'}'LISUd t3J? 1` ?XP J / lJC? ?? r/ -d' - ?;LY MIAJ 4i (6J vlnc?? IFuil ?lCI? p 11»C•,'G1 Ie-) J r?' c2 cc'?z $ ! ?'..i??C 4-, Exhibit C !+ RICHARD C. SNELBAKER KEITH O. BRENNEMAN Jason B. Duncan, Esquire Duane P. Stone, P. C. P. O. Box 696 8 North Baltimore Street Dillsburg, PA 17019 A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 44 WEST MAIN STREET MECHANICSBURG, PENNSYLVANIA 17055 717-697-8528 March 13, 2009 Ile: Gerlach v. J. A. Firestone, et al. Dear Mr. Duncan: P. O. BOX 318 FACSIMILE (717) 697-7681 This will serve to confirm our meeting held at your office among our clients. It is my understanding that your client will work on both the deck code issues and the spouting as discussed in our meeting. It is further nny understanding that ,our client will on April 20, 2009 at 9:00 a.m. will be at the Gerlach's home for purposes of addressing electrical, handrail and other items necessary for the issuance of a certificate of occupancy. The remaining electrical code matters are identified in the Middle Department Inspection Agency report. I further understand that your client will be looking at the heating system to determine what can be done to make the necessary adjustments to have the system provide comfortable levels of cooling. 1 believe we all felt that the meeting on March 12, 2009 was productive in an effort to move fore and to a settlement. As we discussed, given our mutual efforts to engage engineers and to settle the case, I am asking that you confirm in writing that we have an understanding on behalf of our clients that neither party will be prejudiced in terms of any, delay from the time of initiation of the suit which was by praecipe for writ of summons filed January 13, 2006 in terms of raising claims, filing the complaint or counterclaim or otherwise pursuing that action by the other claiming failure to prosecute or diligently proceed with the action. RECEIVED MAR 1 S 20 SNELBAKER 8 BRENNEMAN, P.C. r SNELBAKER 8 BRENNEMAN, P.C. Jason B. Duncan, Esquire March 13, 2009 Page Two Please confirm that my understanding as noted above is correct in writing to me. Thank you for your assistance. Yours truly, Keith O. Brenneman KOB/sm CC: Mr. and Mrs. Leon D. Gerlach w r Meghann L. Garrett, Esquire Attorney I.D. No. 306632 Stone, Duncan, & Assoc., P.C. 8 North Baltimore Street Dillsburg, PA 17019 (717) 432-2089 LEON D. GERLACH and ARLENE E. GERLACH Plaintiffs V. J.A. FIRESTONE CONSTRUCTION J.A. FIRESTONE, INC., J.A. FIRESTONE CONSTRUCTION, INC and JEFF A. FIRESTONE Defendants IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this day I have served a true and correct copy of the foregoing Answer to Plaintiffs' Complaint, New Matter and Counterclaim, to: Thomas A. Archer, Esq. 2515 North Front Street P.O. Box 5056 Harrisburg, PA 17110-0056 Attorney for Plaintiffs Dated: /0,? ghann L. Garrett, Esquire Attorney for Defendants 2 091 C E C -- ! itl 11 : 2: 7 Archer & Archer, P.C. By: Thomas A. Archer, Esquire 2515 North Front Street P.O. Box 5056 Harrisburg, PA 17110 LEON D. GERLACH and ARLENE E. GERLACH, Plaintiffs, v. 2-10, A<32\ A I 1 8: ( L a:ti?ti 4 Ir. ,;l IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO.: 2006-295-CIVIL J.A. FIRESTONE CONSTRUCTION, J.A. FIRESTONE, INC., J.A. FIRESTONE CIVIL ACTION -LAW CONSTRUCTION, INC. and JEFF A. FIRESTONE, JURY TRIAL DEMANDED Defendants. NOTICE TO PLEAD To: Jason B. Duncan, Esquire Stone, Duncan & associates, P.C. 8 North Baltimore Street Dillsburg, PA 17019 «" - f lyj . S 1 FT c.? 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. Date: February 1, 2010 By: / Thomas A. Archer, EA uire Atty ID No.: 73293 2515 North Front Street PO Box 5056 Harrisburg, PA 17110 717-233-8676 Archer & Archer, P.C. By: Thomas A. Archer, Esquire 2515 North Front Street P.O. Box 5056 Harrisburg, PA 17110 LEON D. GERLACH and ARLENE E. GERLACH, IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, V. : DOCKET NO.: 2006-295-CIVIL J.A. FIRESTONE CONSTRUCTION, J.A. FIRESTONE, INC., J.A. FIRESTONE CIVIL ACTION -LAW CONSTRUCTION, INC. and JEFF A. FIRESTONE, Defendants. : JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO NEW MATTER AND ANSWER AND NEW MATTER TO COUNTERCLAIM OF DEFENDANTS, J.A. FIRESTONE CONSTRUCTION, J.A. FIRESTONE, INC., J.A. FIRESTONE CONSTRUCTION, INC. and JEFF A. FIRESTONE REPLY TO NEW MATTER 90. Denied. Plaintiff denies the allegations of this paragraph to the extent they constitute legal conclusions. By way of further response, Defendant, Jeff A. Firestone, entered into agreements with Plaintiffs as "J.A. Firestone Construction, Inc.," a corporation that did not exist at the time the initial agreements were executed and which still does not exist. The trade name "J.A. Firestone Construction" was not registered as a fictitious name with the Pennsylvania Department of State until December 23, 2004. 91. Denied. Defendant Jeff A. Firestone prepared multiple agreement s and memoranda throughout 2003 and 2004 under the name "J.A. Firestone Construction, Inc.," including the various agreements, correspondence and memoranda that are attached to Plaintiffs' Complaint. 92. Denied. Answering Defendants do not identify any "extenuating circumstances" and, in any event, Plaintiffs did not agree to any performance delays on the part of the Defendants. By way of further response, Defendant asked for time off each day for an approximately two (2) month period in order to take his step-father for medical treatment but advised that work would continue each day during that time, which it did not. 93. Admitted in part; denied in part. Plaintiffs do not dispute that the Defendants were able to fully perform under the contract, however, Defendants certainly failed to do so and failed to indicate any readiness or willingness to complete the job in a workmanlike and timely manner. 94. Denied as stated. Plaintiffs admit that the parties met with their counsel in March, 2009 but nothing was resolved. 95. Admitted in part; denied in part. Plaintiffs admit that a meeting took place between the parties with counsel and that it was agreed that Defendant Firestone would visit the Plaintiffs' property on April 20, 2009 to address matters referred to in Mr. Brenneman's letter. Any implications alleged by Defendants in connection with the attached letter are denied as conclusions of law. 96. Denied. Plaintiffs deny the allegation that their claim may be barred in whole or in part for failure to mitigate their damages as a conclusion of law. By way of further response, Plaintiffs' obligation to mitigate damages does not include allowing Firestone to complete any work at Plaintiffs' property, Firestone having long breached the agreement with Plaintiffs and in any event, Plaintiffs did not refuse to allow Firestone access to the property. To the contrary, Firestone appeared at Plaintiffs' property on said date and only added a GFI electric receptacle for the Plaintiffs' bathroom hot tub, after which Firestone spent the rest of his time at the property collecting Firestone's supplies, as well as equipment belonging to the Plaintiffs. Firestone left Plaintiffs' property without any notice to the Plaintiffs. 97. The allegations contained in this paragraph are denied to the extent they constitute conclusions of law. By way of further response, it was Firestone who abandoned working on the job after numerous delays. For example, in November 2003, Firestone promised that all work under the agreement between the parties except punch list items would be completed by the time Plaintiffs returned from a scheduled vacation. Upon Plaintiffs' return, Plaintiffs found that Firestone had completed no material part of the project and doubted he spent any time of consequence at the property. Ultimately, Firestone abandoned the project without any notice to the Plaintiffs. 98. Denied. After various lengthy stops and starts, Firestone finally abandoned the project on or about August 1, 2005 and was never heard from again by Plaintiffs until Plaintiffs hired counsel. Since that time, Firestone has completed no material work on the project. 99. Admitted in part; denied in part. It is admitted that Plaintiffs never provided written notification of any termination, which was not required in any event. The remaining allegations are denied as conclusions of law. 100. Denied. The allegations of this paragraph are denied as conclusions of law. 101. Denied. The allegations of this paragraph are denied as conclusions of law. By way of further response, Plaintiffs needed to hire another contractor to complete part of the work that Firestone had abandoned because Plaintiffs were advised by Labor and Industry that certain work had to be completed to avoid being subject to new building regulations. 102. Denied. The allegations of this paragraph are denied as conclusions of law. By way of further response, it was Firestone who abandoned the project. Plaintiffs also deny that Defendants' work was done in compliance with applicable codes as alleged. 103. Denied. The allegations of this paragraph are denied as conclusions of law. 104. Denied. The allegations of this paragraph are denied as conclusions of law. COUNTERCLAIM COUNT I - BREACH OF CONTRACT 105. Plaintiff incorporates the allegations of paragraphs 90-104 herein by reference as if set forth in full. 106. Denied. Plaintiffs deny the allegation contained in this paragraph to the extent it constitutes a conclusion of law. By way of further response, there was a single contract entered into between the parties that was modified at various times. 107. Denied. The allegations contained in this paragraph are denied as conclusions of law. By way of further response, the contract states that "the contractor shall provide competent full time supervision" which was not provided, repeatedly represented to Plaintiffs and led Plaintiffs to believe that Firestone would diligently complete the project within a reasonable time frame and the parties had a mutual 4 understanding that the project would be completed in a reasonable amount of time, which it was not. 108. Denied as stated. Firestone began to perform under the contract. 109. Admitted in part; denied in part. Plaintiffs do not dispute that Defendants were able to perform. However, Defendants repeatedly demonstrated an unwillingness to perform under the agreement between the parties. 110. Denied. The allegations of this paragraph, together with sub-paragraphs, are denied as conclusion of law. 111. Denied. The allegations of this paragraph are denied as conclusions of law. COUNT II - UNJUST ENRICHMENT 112. Plaintiff incorporates the allegations of paragraphs 90-111 herein by reference as if set forth in full. 113. Denied as stated. Plaintiffs are without sufficient information to form a belief as to the allegation of whether Firestone paid American Aluminum Insulation, Inc. The only gutters and downspouts installed at Plaintiffs' home were installed incorrectly and in the wrong places. 114. Denied. The allegations of this paragraph are denied as conclusions of law. By way of further response, Plaintiffs appreciated no benefit because the work was performed incorrectly. 115. Denied. The allegations of this paragraph are denied as conclusions of law. By way of further response, Plaintiffs appreciated no benefit because the work was performed incorrectly. 5 116. Denied. The allegations of this paragraph are denied as conclusions of law. NEW MATTER 117. Defendants' claims are barred, in whole or in part, by the applicable statutes of limitation. 118. The Counterclaims of the Defendants are barred by the doctrines of laches and unclean hands. 119. The Counterclaims of the Defendants are barred, in whole or in part, because Defendants have received payment in full for all work performed at Plaintiffs property. 120. Defendants' Counterclaims may be barred for failure of consideration. 121. Defendants' Counterclaims are barred because Defendants willingly abandoned the project. 122. Defendants have suffered no damages as a result of any action or inaction of the Plaintiffs. 123. Defendants' Counterclaims are barred, in whole or in part, by the statute of frauds. 124. In the event Defendants are entitled to any damages against Plaintiffs, which is denied, Defendants' claims are offset by damages caused by the Defendants to Plaintiffs. 125. Defendants' Counterclaim seeks no judgment for damages against Plaintiffs. 6 WHEREFORE, Plaintiffs, Leon D. Gerlach and Arlene E. Gerlach, demand judgment against Defendants, J.A. Firestone Construction, J.A. Firestone, Inc., J.A. Firestone Construction, Inc. and Jeff A. Firestone, together with such other relief as the Court may find appropriate or to which Plaintiffs are entitled as a matter of law. Date: February 1, 2010 By: Thomas A. Archer, Esquire Atty ID No.: 73293 2515 North Front Street PO Box 5056 Harrisburg, PA 17110 717-233-8676 7 VERIFICATION I, Arlene E. Gerlach, hereby verify that the statements made in the foregoing Reply to New Matter and Answer with New Matter to Counterclaim 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 falsification to authorities. Date: Z /I /1 D ? I L?- s Arlene E. Gerlach VERIFICATION I, Leon D. Gerlach, hereby verify that the statements made in the foregoing Reply to New Matter and Answer with New Matter to Counterclaim 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 falsification to authorities. Date: I (? Leon D. Gerlach CERTIFICATE OF SERVICE I, Jessica R. Porter, Paralegal, hereby certify that on the date set forth below I served a true and correct copy of the foregoing Reply to New Matter and Answer with New Matter upon the person(s) stated below, via U.S. First Class Mail, addressed as follows: Jason B. Duncan, Esquire Stone, Duncan & associates, P.C. 8 North Baltimore Street Dillsburg, PA 17019 G\ Date: February 1, 2010 i -1? - - Jessica R. Porter, Paralegal u Meghann L. Garrett, Esquire Attorney I.D. No. 306632 Stone, Duncan, & Assoc., P.C. 8 North Baltimore Street Dillsburg, PA 17019 (717) 432-2089 FILED-0}_- CE?TAF?Y OF TFE 2010 MAR -9 . M 2= 28 cure ? ivy .:??;? LEON D. GERLACH and IN THE COURT OF COMMON PLEAS FOR ARLENE E. GERLACH CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs DOCKET NO: 2006-295-CIVIL V. J.A. FIRESTONE CONSTRUCTION CIVIL ACTION - LAW J.A. FIRESTONE, INC., J.A. FIRESTONE CONSTRUCTION, INC. and JEFF A. FIRESTONE JURY TRIAL DEMANDED Defendants DEFENDANTS' RESPONSE TO PLAINTIFFS' NEW MATTER TO COUNTERCLAIM 117. Denied. Paragraph 117 constitutes a conclusion of law to which no responsive pleading is required; to the extent this averment requires a response, Defendant specifically denies. 118. Denied. Paragraph 118 constitutes a conclusion of law to which no responsive pleading is required; to the extent this averment requires a response, Defendant specifically denies. 119. Denied. Paragraph 119 constitutes a conclusion of law to which no responsive pleading is required; to the extent this averment requires a response, Defendant specifically denies. By way of further response, Defendant has an outstanding balance of Three Thousand One Hundred Twenty-three and 40/100 Dollars ($3,123.40) due and owing on the Contracts. Further, J.A. Firestone, Inc. d/b/a JA Firestone Construction paid a third party Seven Hundred Eighty-four Dollars ($784.00) for the installation of gutter on Plaintiffs' behalf, for which Plaintiffs were responsible for paying one-third of the amount, or Two Hundred Sixty-one and 33/100 Dollars ($261.33). 120. Denied. Paragraph 120 constitutes a conclusion of law to which no responsive pleading is required; to the extent this averment requires a response, Defendant specifically denies. 121. Denied. Paragraph 121 constitutes a conclusion of law to which no responsive pleading is required; to the extent this averment requires a response, Defendant specifically denies. By way of further response, Defendants did not abandon the project but were forced to leave the property by Plaintiffs. 122. Denied. Paragraph 122 constitutes a conclusion of law to which no responsive pleading is required; to the extent this averment requires a response, Defendant specifically denies. 123. Denied. Paragraph 123 constitutes a conclusion of law to which no responsive pleading is required; to the extent this averment requires a response, Defendant specifically denies. 124. Denied. Paragraph 124 constitutes a conclusion of law to which no responsive pleading is required; to the extent this averment requires a response, Defendant specifically denies. 125. Denied. Paragraph 125 constitutes a conclusion of law to which no responsive pleading is required; to the extent this averment requires a response, Defendant specifically denies. By way of further response, Defendants does seek damages VERIFICATION I, J. A. Firestone, Inc. d/b/a/ J.A. Firestone Construction, hereby verify that the statements made in the foregoing Response to New Matter to Counterclaim 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 falsification to authorities. .A. fires on ,Inc. By: Jeff. A. Firestone, President VERIFICATION I, Jeff A. Firestone, hereby verify that the statements made in the foregoing Response to New Matter to Counterclaim 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 falsification to authorities. J f. firestone against Plaintiffs in an amount of Three Thousand Three Hundred Eighty-Four and 73/100 Dollars ($3,384.73). WHEREFORE, Defendants respectfully request this Honorable Court dismiss Plaintiffs' Complaint with prejudice and enter Judgment against Plaintiffs, Leon D. Gerlach and Arlene E. Gerlach, on Defendants' Counterclaim or such other relief as this Court deems just and proper. Respectful Submitted, 9 STO , D AN, & A SOC., PC Meghann L. Garrett, Esq. Attorney ID # 306632 Jason B. Duncan, Esq. Attorney ID # 87946 8 North Baltimore Street Dillsburg, PA 17019 Ph. (717) 432-2089 Fx. (717) 432-0158 Attorney for Defendants CERTIFICATE OF SERVICE I, Tara Stonebraker, paralegal, hereby certify that on the date set forth below, I served a true and correct copy of the foregoing Response to New Matter to Counterclaim upon the person(s) stated below, via U.S. First Class Mail, postage pre-paid and by facsimile, addressed as follows: Thomas A. Archer, Esq. 2515 N. Front Street P.O. Box 5056 Harrisburg, PA 17110-0056 Fx (717) 233-8675 Date: l ! I Q'/t•Q)? Tara Stonebraker, Paralegal David -D. BuefZ Prothonotary Office of the Prothonotary Cum6er[and County, Pennsy[vania rkS. Sohonage,SQ Solicitor V t, — .2.95 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28T" DAY OF OCTOBER, 2014, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE—THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P.230.2. BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square 0 Suite100 ® Carlisle, TA 0 (Phone 717 240-6195 0 T. 717 240-6573