HomeMy WebLinkAbout02-1162SYLCAR CONSTRUCTION
CORPORATION, a CORPORATION,
and CHARLES J. SYLVESTER,
INDIVIDUALLY AS OWNER OF
SYLCAR CONSTRUCTION
CORPORATION,
Plaintiffs
VS.
V. L. RENDINA, INC.,
a CORPORATION, and
VICTOR L. RENDINA,
INDIVIDUALLY AS OWNER OF
V. L. RENDINA, INC.,
Defendants
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY
: OF PENNSYLVANIA
: CIVIL ACTION AT ?AW I
. NO. ??//job 1./ULI?
N O T I C E T O D E F E N D
You have been sued in court. If you wish to defend
against the claims set forth in the following pages, you must
take action within twenty (20) days after this complaint and
notice are served, by entering a written appearance personally
or by attorney and filing in writing with the court your
defenses or objections to the claims set forth against you.
You are warned that if you fail to do so the case may proceed
without you and a judgment may be entered against you by the
court without further notice for any money claimed in the
complaint or for any other claim or relief requested by the
Plaintiff. You may lose money or property or other rights
important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
Cumberland County Court House
Court Administrator
1 Courthouse Square
Carlisle, PA 17013-3387
(717) 240-6200
Attorney for Plaintiff
SYLCAR CONSTRUCTION
CORPORATION, a CORPORATION,
and CHARLES J. SYLVESTER,
INDIVIDUALLY AS OWNER OF
SYLCAR CONSTRUCTION
CORPORATION,
Plaintiffs
VS.
V. L. RENDINA, INC.,
a CORPORATION, and
VICTOR L. RENDINA,
INDIVIDUALLY AS OWNER OF
V. L. RENDINA, INC.,
Defendants
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY
: OF PENNSYLVANIA
: CIVIL ACTION AT LAW
. NO. d0- 11(o J-?,
COMPLAINT
AND NOW comes the Plaintiffs, Sylcar Construction
Corporation and Charles J. Sylvester, by and through their
attorneys, Dissinger and Dissinger, and represent the
following:
1. The Plaintiffs are Sylcar Construction Corporation, a
corporation and Charles J. Sylvester, individually as owner of
Sylcar Construction Corporation, whose principal business is
located at 1117 Cedar Avenue, Croydon, Bucks County,
Pennsylvania, 19021.
2. The Defendants are V. L. Rendina, Inc., a corporation and
Victor L. Rendina, individually as owner of V. L. Rendina,
Inc., who principal business is located at 315 Primrose Lane,
Mountville, Lancaster County, Pennsylvania, 17554.
3. The parties entered into a contract to do business in
Wormleysburg, Cumberland County, Pennsylvania.
4. Work began under the contract in September of 2001 and
continues today. All matters complained of herein arose from
!matters occurring in Cumberland County, Pennsylvania.
5. Plaintiffs do business in the construction industry as a
subcontractor.
6. Defendants do business in the construction industry as a
general contractor.
COUNT I
BREACH OF CONTRACT
7. The prior paragraphs of this Complaint are incorporated
herein by reference thereto, as if set forth in full.
8. On June 07, 2001, Plaintiffs and Defendants executed a
certain written agreement for work to be performed by the
subcontractor, Plaintiff, that included wall framing and wood
trusses. A true and correct copy of the agreement is attached
hereto and marked as Exhibit "A."
9. Said work formed part of a general contract between
Defendants and LCL Equity Management Company.
10. The Plaintiff has substantially fulfilled all the
provisions of the agreement on his part to be performed.
11. The Defendant has not fulfilled the provisions of the
agreement on his part to be performed, namely payment for
services rendered.
12. The original contract agreement was for one hundred
thirty-five thousand four hundred ninety ($135,490.00)
dollars.
13. Additional work was ordered after construction began
which was agreed to by Plaintiff and Defendant through verbal
and written Change Orders amounting to an additional sixty-six
thousand four hundred sixty-seven dollars and twenty cents
($66,467.20).
14. The contract specified the following payment terms:
a. Defendants were to pay Plaintiffs in monthly
progress payments in the amount of ninety (90%)
percent of the payment application submitted.
b. Payment applications were to be in writing and
forwarded to Defendants on the fifteenth (15th) day
of each month.
c. Defendants were to pay Plaintiffs within seven (7)
days after Defendants received payment from the
owner.
d. Final payment was to be made within thirty (30) days
of Defendants receipt of final payment from the
owner.
15. Defendants have failed to make payment to Plaintiffs
according to the afore-mentioned terms.
16. Defendant hired temporary help for certain work under the
contract between Plaintiffs and Defendants.
17. Defendants are in breach of the contract for failing to
give proper written notice to Plaintiffs of Defendants'
intention to hire temporary help, as required in paragraph
thirteen (13) of the contract.
18. Under paragraph six (6)c of the June 07, 2001 contract,
Plaintiffs have the right to stop work at the construction
site for non-payment of services rendered.
19. On February 08, 2002, Defendants was notified in writing
by Plaintiffs' counsel that the contract had been breached by
Defendants.
20. On February 08, 2002, Plaintiffs provided written notice
to Defendants that if payments due were not received, Sylcar
Construction Corporation would stop work and leave the job
site.
21. Total payments to Sylcar Construction Corporation have
been made in the amount of one hundred eleven thousand one
hundred sixty-four ($111,164.00) dollars.
22. Defendants have failed and refused, and still refuse, to
cure the aforesaid breaches, despite Plaintiffs' repeated
demand.
23. The reasonable cost of remedying the aforesaid breaches
is in excess of sixty-three thousand eight hundred sixty-four
($63,864.00) dollars.
WHEREFORE, Plaintiffs demand judgment in excess of
sixty-three thousand eight hundred sixty-four ($63,864.00)
dollars which represents the balance due from the contract and
additional Change Orders, together with interest, damages for
delay, costs and expenses, and reasonable attorneys' fees,
which amount is beyond the limits for compulsory arbitration
in Cumberland County.
COUNT II
UNJUST ENRICHMENT
24. The prior paragraphs of this Complaint are incorporated
herein by reference thereto, as if set forth in full.
25. Defendants accepted and received the benefit of having
the work contracted for substantially completed, but failed to
honor their contractual obligation to provide payment.
26. Defendants were unjustly enriched in the amount of forty-
four thousand two hundred sixty-seven dollars and fifty cents
($44,267.50).
WHEREFORE, Plaintiffs demand judgment in excess of sixty-
three thousand eight hundred sixty-four ($63,864.00) dollars
which represents the balance due from the contract and
additional Change Orders, together with interest, damages for
delay, costs and expenses, and reasonable attorneys' fees,
which amount is beyond the limits for compulsory arbitration
in Cumberland County.
COUNT III
VIOLATION OF THE CONTRACTOR
AND SUBCONTRACTOR PAYMENT ACT
27. The prior paragraphs of this Complaint are incorporated
herein by reference thereto, as if set forth in full.
28. The contract in question called for improvements to real
property which consists of more than six (6) residential units
under construction simultaneously, therefore, the Contractor
and Subcontractor Payment Act applies.
29. Plaintiffs, subcontractor, have performed in accordance
with the provisions of the contract.
30. Defendants, general contractor, failed to pay Plaintiff
in accordance with the contract.
31. Defendants gave no reason to Plaintiffs for the breach of
the payment terms.
32. Prior to the execution of the subcontract, Defendants
failed to disclose to Plaintiffs the due date of receipt of
payments from the owner.
33. Defendants wrongfully withheld payment from Plaintiffs.
WHEREFORE, Plaintiffs demand judgment in excess of sixty-
three thousand eight hundred sixty-four ($63,864.00) dollars
which represents the balance due from the contract and
additional Change Orders: together with one (1%) percent
interest per month and one (1%) percent penalty per month as
provided for under the Contractor and Subcontractor Payment
Act, as well as reasonable attorneys' fees, costs and
expenses.
Respectfully submitted,
DISSINGER AND DISS
Karen L. Koenigsberg J
Attorney for Plaintiff
Supreme Court ID # 85556
28 North Thirty-second Street
Camp Hill, PA 17011
(717) 975-2840
VERIFICATION
I, Charles J. Sylvester, verify that the statements made
in the Complaint are true and correct. I understand that
false statements herein are made subject to the penalties of
18 Pa. C.S. §4904 relating to unsworn falsification.
Charles J y ester,
Agent for.
Sylcar Construction Corporation
01/01/1994 65:34 2157885686
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L RENDINA, INC.
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0112 UcWft 36 Ptrateae Lane, Alot* ty c
Tefthone (717) 285.3171
FAX ! (717) 285,Uo
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PAGE 09 .
MUM, . N
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SUBCONTRACT
day of Jttha 2001 '
by and between 91I cm cotari LICnoN CORP. •
t117 codwAia ttw Cr*Y on PA 19021
hereinafter called the Subcaatraaor and V. L. Reudina, Inc., be:reinsfter called the Contractor.
Project; FAff**0UNr PAw APAR77oWn
10001100 ftv ft Rosa Camp HX PA 17011
Owner: LAS do LCL aw"GRAW
322 Roma 4a wep Parsipptny NJ 07W-M?
Architect: TM MARVIN dtRCFN1Bir"f1fRl?L GROW
240 Nba n" O&W PUbdoWa PA 18103
Engineer.
SWLLY a La NNd
` 201 North F mat Shat Rmsiahatr0 PA 17110
are Contractor and Subcontractor agree as set forth below.
1. CONTRACT DOCLV49N Pg; a. The Contract Documents for this Subcontract consists of the Agreement and any Exhibits artached
,.welt, the Areement between the Owner and Contractor dated , the Conditions of the Contract Wwccn
the Owner and Contractor, Drawings (I ), Specifications (N ) all Addenda issued prior to execution of the Agreement between the
Owner and Contractor and All Madilleatioaa iaaoed subsequent thereto.
b. All of die above documeuts are a pat of this Subcontract, have been reviewed by the subeounvoor and shall be available for rue by the
Subcontractor upon his vaguest
2. Wom Tom PERFORNEM
The Sub"m"r mr 3" ?1 ?ettals to be llrrnisbed and work to be done by the Subcontractor arc:
U06-OeIWI ?t 0-?100 1t
OU FRAhe W (Labor 0* - so. Auadanaan A br scrape of wtdrk
08-06170-1 4ri_O" WOOD TRUSSES (140w otrly - see AI1sftmm A for scope of;WJ
In addition to the above, the Subcontractor is bound by Article NI$ ate herewith.
0 1 ? ? OF AM COht?,gMr' OF qpggsa The Subcontractor
V ? s? W ? ?t within a agrees to commence his word on
+oner. For failure to canttaence AM pa*W of months, or by . whichever shah occur
o0mplete his work ontime the $u(tcontraetor shall be subject toa*aanages and remcdtcs by the Contractor
rte set fortk in other portions of this AWeemem.
"S"
Peopnes Sclt+doia"
e? ?m
jv- tee. ?C#)P01- EXHIBIT p,K. a .r s
"An
01/01/1994 05:34 2157885686 PAGE 10-
4. EXCLUSMIN. This Document includes all the agreements between the Contractor and the Subcontractor for the specific Project
named herein, and any changes hereto shall be made in writing and executed by both the Contractor and Subcontractor.
s. S610CO NTRACTOR'S RLSFONSIRILiTIES: The Subcontractor arees:
To bebound to the Contractor by the terms of this Agreement and of the Contract Documents between the Owner and Contrac-
and sh assume toward the Contractor all the obligations and responsibilities which the Contractor, by those Documents, assumes low.
Owner, and shell have the benefit of all rightz, remedies and redress against the Contractor which the Contractor, by those Documents, has
against the Owner, insofar as applicable to this Subcontract, provided that where any provisions of the Contract Documents between the (honer
and Contractor is Inconsistent with any provisions of this Agreement, this Agreement shall govern.
(b) To submit to the Contractor applications for payment in such reasonable time as to enable the Contractor to apply to the
Architect for payment.
(c) To make all elalms for extras, for extensions of time and for damages for delays or otherwise, to the Contractor in writing
before proceeding to execute such work.
(d) That this Subcontract shall not be assigned unless the Contractor shall first consent thereto in writing.
(e) To take out and pay for Employer's i.isbility or Rbrker's Compensation insurance as required by the State in which the work is
being performed.
(f) To pay all social security, unemployment compensation, sales or other taxes or charges assessed against the wages or salary of
the Subcontractor's employees or officers or against any materials used in the performance of this Subcontract.
(g) To indemnify the Contractor against the claims of all materialmen and employees of the Subcontractor, including Court casts
and attorney's fees Incurred In the defense of any litigation instituted by any officer, employee, laborer or matcrinimen of the Subcontractor, to
which the Contractor is made a party.
(h) To furnish as a condition to obtaining payments hereunder all releases, discharges or other instruments that may he required to
release the structure from any and all claims, demands, suits, of whatever kind er nature, arising out of the performance of this Subcontract.
(7 To provide adequate insurance to protect all persons not employed by the Subcontractor against claims for damages far personal
injury including death, which may arise out of the performance of this Subcontract or by or on account of any act or omission of said
Subcontractor, its employees or agents. Certificates of such insurance shall be furnished to the Contractor as outlined in Article it 14.
(j) To comply with all laws, orders or regulations of the Federal, State, or Local Government or of any of their resfacctive, subor-
dinate age departments or commissions, applicable to the performance of this Subcontract.
That no payment shall be made hereunder unless all work schedules to be performed in a substantial and workmanlike manner,
and until th ubcomraclor has deposited with the Contractor satisfactory releases of all laborers and materialmen,
and all other persons in any way performing service or furnishing labor or materials to Subcontractor on account of this Subcontract for the
work in question.
(1) That any work done or material furnished failing in the requirements of the Plans, Specifications and this Subcontract, will he
.moved from the premises and replaced by the Subcontractor at his expense.
(m) That lime Is of the essence of this Subcontract.
(cal To furnish, in form approved by the Contractot, and If specified under paragraph S or elsewhere herein a completion or other
'xand providing for the payment of all wages sod materials.
(n) 9)a furnish to the Contractor, upon request, the names and tfddrewex of Al Subcontractors anti marerialmcn, together with
amounts due or to taecwme due them and to furnish and cause Subcontractors to furnish upon request of the Contractor and on forms, furnished
by the Contractor, such reports concerning wage scales, payrolls, and otherwise, as the Contractor may require.
y(p) That no changes from the Plans and Specifications shall be made, and that no extras shalt be performed, unless a separate
agreement in writing shall have been made before the commencement of such work or the furnishing of material., tJntess otherwise provided
herein, the Cwrhactor will not recognize orders for changes-or extras given by employees or mprcacntatives of the Contractor on the job. Final
authorization moat be agreed to and accepted by a corporate officer of the Contractor.
(q) To protect and save harmless the said Contractor against any claim or demand of any persons or property for damage caused
hereunder, or any claim or demand for patent fees, royalties, or for any invention, machine, article or arrangement that may he used by.-the
Subcontractor in the construction of the work, and agrees to defend any and all actions arising out of tiny of the fomegning claims; to notify*'
Contractor of all such claims; to defend it, and pay counsel fees and expenses of all kinds whatsoever in connection therewith: and tho
SUbCOntrWOf further agrees that in event of any injunction or legal action, serving to stop the work, the Contractor shall have the privileghe of
substituting such other articles of similar kind in order to enable the Subcontractor or to complete the work, and nil coasts and expense occa-
sioned thereby shall be borne by the Subcontractors.
(r) To notify the Contractor in writing or by shop drawings of any special provisions required of the Contractor fair the installation
of the work to he done by the Subcontractor that are not shown on the plans and specifications in detail, in sufficient time to allow the
Contractor to make these special provisions as the project progresses. In the event the Subcontractor fails to so notify the Contractor. it shall be
the responsibility of the Subcontractor to bear the expense for all changes required to properly install his work.
(s) Subcontractor shall he responcbk for any deviations from the drawings or the speeifreatk(itts, unlecc the SUIX'naltraetot has, in
writing, notified the Contractor of such deviations, giving reasons therefore, at the time of submission of preliminary or final shop drawings.
.(t) To take all reasonable safety precautions with respect to his Work. to comply with all safety measures initiated by the Contractor
and with all applicable laws, ordinances, rules, regulations and orders of any public authority 4or the safety of persons or property in accordance
with the requirements of the Contract Documents. The Subcontractor shall report to the Contractor immediately tiny injury to any of the
Subcontractors employees at the site.
(u) That all materials and equipment furnished and incorporated by him in the Project shall be new unless otherwise specified, and
fat all Work under this Subcontract shall be of good quality, free from faults and defects and In conformance with the Contract Documents. All
Work not conforming to these standards may be considered defective. This warranty shall be in addition to and not in limitation of any other
armanly or remedy required by law or by the Contract Documents.
f1R Aeee?aaee Aae 2 of e
61/81/1994 85:34 2157885686 PAGE 11.
- ' (v) Promptly submit shop drawing: and samples as required In order to perform his work efficiently, expeditiously and in a manner
that will not cause delay in the progress of the Work of the Contractor or other Subcontractors.
(w) To comply with all laws and regulations (state and federal) relating to wages, hours, overtime, recurd-kccping, equal employ-
ment opportunity, ere- as they apply to this project.
(x) Unless otherwise provided in aceordsom with this Subcontract, the Subcontractor shall provide and pay for all permits, licenses.
: material, labor, water, tools, equipment, light power, transportation, and other facilities necessary for the execution and completion of the
..,ork.
(y) He shall keep the project site dean at all thrics and will remove all surplus, rubbish and debris from the project site periodically,
and when the work is finished, shall clean up the project site leaving the same free and clear of all rubbish and debris resulting from the
performance of the Subcontractor.
(z) The Subcontractor shall be responsible for all violations of ordinances or statutes relating to the construction of building or the
construction of streets and sidewalks, and shall carefully repair and make good any damage to property, streets, or pavements caused by any
operation connected with the performance of this Subcontractor.
6. CONTRACT'OR'S RSSPONSIBIIf11MS: The Contaictor sows:
(a) 1b be bound to the Subcontractor by the terms of this agreement and of the Contract Documents between the Owner and the
Contractor and to assume toward the Subcontractor all the obligations and responsibilities that the Owner, by those Documents, assumes toward
the Contractor, and to have the benefit of all rights, remedies and redress against the Subcontractor which the Owner, by those Documents, has
against the Contractor, insofar as applicable to this Subcontract, provided that where any provision of the Contract Documents between the
Owner and file Contractor is inconsistent with any provision in this Agreement, this Agreement shall govern.
(b) To ptomptly notify the Subcontractor of all modifications to the Contract between the Owner and the Contractor which affect
this Subcontract and which were Issued or entered into subsequent to the execution of this Subcontract.
--:06 (c) That if he fails to make payments to the Subcontractor as herein provided for any cause not the fault of the Subtvrntractor,
within seven days from the time payment should have been made, the Subcontractor may, upun seven days' additional written notice to the
Contractor, stop his V/wk without prejudice to any other remedy he may have.
(d) To make no demand for liquidated damages for delay in any sum in excess of such amount as may be specifically named in this
Subcontract, and no liquidated damages shall be assessed against this Subcontract for delays or causes attributed to other Subcontractors or
arising outside the scope of this Subcontract
(e) That no claim for payment for services rendered or materials and equipment furnished by the Contractor to the Subcontractor
shall be valid without prior written notice to the Subcontractor.
(I) 7b cooperate with the Subcontractor in scheduling and performing his Work to avoid conflicts or interference in the Subcontractor's
work.
(a) 7b permit the Subcontractor to be present and to submit evidence in any arbitration proceeding involving his rights-
*., 7. ACCIR"ANCE: The Comsteetor and the Subcontractor agree that:
(a) If on the date of the execution of this Subconttau, the Prime Contract between the owner and the Contractor has not yet been
i tecuted, then if such Prime Contract shall not be so executed and delivered, for any reason whatsoever, the Contractor shall be under no
,--?hGgation to the Subcontractor herein by virtue of this Subcontract.
(b) If the Prime Contract for the project herein mentioned is with the Federal or State Government, or any or their subdivisions,
agetteios, or representatives, this Subcontract shall be subject to any right of termination contained in such Prime Contract. in the event of such
termination allowance which shall be made to it by the Government for the wok covered bereio, less the proportionate share or the Ctmtr dur's
overhead allocated thereto.
(c) In the event the Subcontractor is not acceptable to the Owner and/or the Architect for any reason whatsoever, the Contractor
shall be tinder no obligation or responsibility to the Subcontractor, and this Subcontract shall become null and void.
(d) Before the commencement of any work the parties shall furnish to each other copies of all collective bargaining agreements to
which either of them may be a patty and which pertain to any labor to be performed on the project.
& TERMINAMON FOR IrAILURE To WORK: Should the Subcontractor fail to prosecute the work to the satisfaction of the Con-
tractor, or should he at any time become insolvent, or refuse to follow the Plans and $pecifications, or fail to perform the work in a good and
workmanlike manner, or cause by any action the stoppage of the work of other Subcontractors performing work upon this property, or fail to
comply in any other respect with this Subcontract; then, upon the happening of the foregoing events, or any one or mare of them, the Subcon-
tractor agrees that the Contractor may, b three ' written and -malled-tR the Subcon t his last known residence Of place of
business, or notice delivered at such place, or to the foreperson in charge of the wo , terminate this Sub untrad and lake over the work and
prosecute the same to completion by contract or otherwise, and enter into and take possession of the work, materials, tuok:, appliances and
equipment needed to complete such work, and mike such rat as the for the disch f
tho. cl°i•^ !ir•in n 1aim for liens of any n pity with the S ti r a cent of this Su mract; and the Subcontractor
agtees that the expense of such notice and of the completion of sue work, and the amount paid fort di argc u payment on account of
claims, liens, or claims for liens, and the expense thereof, shall be doductcd from the amount due or to become due the Subcontractor, and If
more than the amount due, then the Subcontractor shall be liable to the Contractor for the difference, and the Contractor may hold, sell or
otherwise realize upon any material, machinery, tools, or other equipment upon the premises on account of such difference In case: the Subetm-
tractor shall fail or refuse to pay the same; all without ptejudice to any other remedy the Contractor may have. If the Subcontractor shall
abandon the work, the Contractor shall be under no obligation to give any notice whatsoever prior to taking over the work.
9. I./srt$ A.ND e.:I: ,W) Trig Subeonttactor hereby csmcmdv wain u rnlPA"g nml rrlim-4,lb an.. t it 'vll* .n .n>,:nr.in n. 1,
-o..J Y. ...µ..,?iwN lN,?' ?•. a.w..,. ..M..Y ?,..:aa.a u,Y ?s.n...l.•J nl.Ywl.MJ, V, Oily FML \rlMWC Vs Oily t,ullUlug ut Uullunl*b lllereun,
for or on account of any work, labor and materials performed or furnished under this agreement, and agrees that no such lien or claim shall
ac so filed or maintained by or on behalf of the Subcontractor; and the Subcontractor further agrees to save the Contractor harmless *am
•• •• ,-1- I -a-..r..,.-..w...n..•iV r.......y.... v. .r.] t„..• u..ww., V. -..] VVI.WIalel NF.VVII, Va OY] JYVLV\\V ?V\Va, V, Ylar t/V'W-'a
ifut for Am Page 3 of 6
01/01/1994 05:34 2157885686 PAGE 12
awns thnoagb or under the Suboweactor, and agrees, that if at any time there shall be my evidence of the filing or maintenance of any
such lien or claim for hen, the Contractor shall have the right to deduct from the amount otherwise due to the Subcontractor hereunder, an
amnrmt vifficicnt to indemnify it far any or all km or damages which tray result from such lien or claim; and the Subcontractor farther
%grees that this waiver shall be an independent covenant, and shall operate and be effective, not only with respect to materials furnished or
bor performed under this Subcontract, but also with respect to any and all materials furnished or labor performed under any Subcontract
`elemental to this principal Subcontract. and under any tSubctmt. I foor,}eextra?labor or{ materials for the above dhtescribod prcmtse.?.
'e
. CUTS A8&J' TNIRT:-1`nte? FWR tell rIAW arf?F hfOrd& M (V19E,4 , the sum of
in current funds. subject to additions and deductions for such changes as may be agreed upon in writing and approved in writing by the Owner,
Project Engineer, or Archihxt, said stem to be paid as follows:
(?t) P.ROGRESS PAYMENTS: (1) The Contractor shall pay the Subcontractor monthly progress payments in the amount of
9, percent of the Application submitted. Applications shall be in writing and shalt be received by the Contractor on or before the
16* day of each month.
(2) The Subcontractor shall, before the first application, submit to the Contractor a schedule of values of the various parts of the Work aggre-
gating the total sum of this Subcontract, made out in such detail as the Subcontractor and Contractor may agree upon, or as required by the
Owner, and supported by such evidence as to Its correctness as the Contractor may direct. This schedule, when approved by the Contractor,
shalt be used as a basis for Applications for Payment, unless it be found to be in error. In applying for payment Subcontractor shall submit
a statement based upon this schedule.
(3) If payments are made on account of materials or equipment not Incorporated in the Work but delivered and suitably stored at the
site, or at some other location agreed upon in writing, such payments shall be in accordance with the terms and conditions of the Contract
Documents.
_.*1s,r4) Unl otherwise provided In the Contract Documents, the Contraew shalt progress payment within
T working days after the Contractor has received I?a the Subcontractor each
submitted by the Subcontractor. payment from the Owner for labor and material coveted in the Application
(b) MAL PAYMENT: (1) Subcontractor shall submit to Contractor a statement signed by the job superintendents of Contractor
and Subcontractor, stating that aft work covered by this Subcontract has been satisfactorily computed and performed. Upon receipt of said
statement, the final payincat shall be paid by the Contractor co the Subcontractor within working days after the Contractor
shall have received the final payment from the Owner on the Prime Contract.
(2) Receipted Invoices and Affidavit: As a further condition ofprogress payments and final payment. the Crtutractor may require the Subcon-
tractor to furnish receipted invoices for all materials incorporated into the Work or placed on the job rite, supported by the affidavit of the
,Subcontractor setting forth that all claims for labor and material have been paid, with the names and addresses oral) laborers and matcrialmcn
sled.
-1 No certificate given or payment made miler this Contract, except the final certificate or final payment shall be conclusive evidence of
c ;pPe*fo??ce of this Contract, either wholly or in part, and no payment shall be construed to be an acceptance of defective work or improper
11. PERIFORhMANCUt LABOR AND MA71MAL PAYMENT BONDS:
NONE PNQUFM
12. TEWORARY FACELMES AND SERVICES: The Contractor shall furnish and make available at no cost to the Subcontractor
the following temporary facilities and services:
YMTM. TOLM El' .CIVIC, DUMPSTER
all other necessary services and feellides arc the respowfilility of the Subcontractor.
13. HARMONY CLAUSE: ventral Contractor to Subcontractor.
Should Subcontractor at any time fail to supply a sufficient number of skilled workmen, or a sufficient quantity of materials of proper quality,
or fail in any respect to prosecute the Work covered by this Subcontract with promptness and diligence, or fail in the performance of any of the
atgreemerrts herein contained, or should any workmen performing work covered by this Subcontract engage in a strike or other work stoppage,
or cease to work due to picketing or other such activity, Contractor may in any of such events, at its option without prejudice to any other
remedies it may pave, a ter fortv-eiahr ?ws; u, w itte notice to the Subcontractor, provide any such labor and materials and deduct the cost
thereof from any monies then due or thereafter to cvmc due to the Subcontractor; and further, in any such event, Contractor may, at his
option, without prejudice to any other remedies it may have, terminate the employment of the Subcontractor for the work under his Subcontract
and shall have the right to enter upon the premises mod take possession for the purpose of Amplefiug the work hereunder of all the material,
toots and equipment thereon and to finish the work and provide the materials therefore either with its own employees or other Subcnntracters;
and in the case of such discontinuance of the employment by Contractor, Subcontractor shall not be entitled to receive any further payments
-order the Subcontract or otherwise, but shall nevertheless remain liable for any damages which Contractor incurs, if the expenses incurred by
ontractor in completing the work shall exceed the unpaid balance, Subcontractor shall pay the difference to Contractor along with any other
.damage incurred by Contractor as the result of Subarn,trsctor's default. Contractor shall have a lien upon all materials, tools and appliances
ten possession of to secure the payment thereof Subcontractor shall be liable to Contractor for all costs and damages incurred by Contractor
.rue to the failure of performance by Subcontractor, the failure of Subcontractor to keep the pmgreee nr its work up to that of Contract of other
trades or the failure to execute its work as directed by the Contractor.
t sot , .
vsg 4 orb
01101/1994 05:34 2157885686 PAGE 13 .
14. MINVAWM INSURANCIE REQUIREMENTt Insurance shall be written for not less than any limits of liability required by law or
those forth below, whichever is greater.
Workmen's Compensation - Stamtoty/Employers Liability - $500,000 each occurrence
PublkfGoneral Liability - Per Person/per Occurrence
Bodily injury, personal Injury and property damage liability - Combined
Single Limit - $1,wo,0oo each oeeurtenoc
51.000,000 annual aggregate
(M{TIFWM MUST 0@ •JOB SPECIFIC And
Automobile Lability - Per Parano/Per Accident V. L RE NA, ltr^ AMU BE NAMED AS
Bodily injury and property damage - Combined ?DmDI CURED.
Single Limit - 51,000,000 each accident
V
AS, DWRPENDMr CONTRACTOR'S STATUS
The Sthbcontraetor. for himself or herself, his or her heirs, executors, executrixes, administrators and assigns, agrees that he or she is a sole
proprietor and if he or she has no employees and will not utilize in the petformance of this Subcontract any other individuals without providing
to the General Contractor a certificate of Workmen's Compensation Insurance. The General Contractor may suspend all payments and remove
the Subcontractor from the job if any individuals are brought on the job by the Subcontractor without first giving the above certificate to the
General Contactor. If Subcontractor has employees, a renjAcatc of Workmen's Compensation Insurance is attached hereto and made a part of
this Subcontract. The Subcontractor, for himalf or herself, his or her heits, executors, executrixes, administrators, and assigns, further agrees
that be or site is an independent contractor and not an employee of the 0eneral Contractor and that he or she as such independent contractor
operates a business separate from the General Contractor, maintains a business listing in the kkphonc directory, performs subcontractor work
for other persons and firms, and furnishes his or her own tools and materials, and that the General Contractor is nut obligated to maintain any
Workmen's Compensation Insurance for the benefit of the Subcontractor.
16. MILLJ NG PROCPDUM;
1. Application for Paymatt
A. All auboontradwa must bill on an AIA form provided by the contractor. Additional copies will be secured and paid for by each
subcontractor, either by using duir own copy machine or a copier service.
B. The Application for Payment must have a breakdown submitted, prior to billing, based on the total contract amount and appmmtl by
the contractor. All subsequent billing will be based on this breakdown. These forms must be filled out by such subcontractor's office
and personnel.
C. All applications must be signed and dated by an autborlxed personnel.
NOTE- AIA forms must be used for final billing for retainage.
11. Change Otders
A. Job W01k Orders - These wort orders will be issued in the field by V.L. Rendina, Inc., foreman/superintcndcnts only. NO OTHER
FORMS VAL L BE RECOGNIZED. A copy of the contractor's job work order shouldbe filled out with a complete material and labor
breakdown, by hourly wage and individual unit prices, then totaled and mailed immediately to the contractor's office prior to billing.
Formal change orders to be issued against said job work order arc required In order for the subcontractor to bill approved change
orders with his application for payment.
The method of recording this work on the job work orders must be done on it daily basis and signed by the contractor's field
superintendent.
B. Cthordge Order: against proposals - The subcontractor is to issue their proposals to the contractor's oifficc regarding Proposal Requests
and Atahltead's Supplementary Instructions. V.L. Rendina, Inc_ will issue change orders, if accepted and approved by the Owner, for
this work.
In order for rho subcontractor to invoice this work on his Application for Payment, there must be a formal change order issued by the
contractor.
C. Woalxl Orders - Verbal approval to proceed may be issued only by a corporate of?fieor of the contractor against a proposal, whereby the
change order has not been formally written and sent out. This wi one ppen if we must expedite and proceed with the work
immediately. V.L. Randina, Inc. will issue these change orders as soon as possible so that the subcontractor can bill against the
percentage of work complete for said change order.
17. SERVICE CA1,I,St
This subcontractor will be hold responsible for any service calls within the one year warranty period which will bo established thttuhgh the
substantial completion date thereof and Is expected to male said service calls within 24 hours of the complaint. If this subcontractor cannot
perform within the 24 hour time period, an independent contractor will be called in to perform such scrviws and whatcvcr the cost is to repair
and/or replace material and labor for the service all will he charged to that subcontractor accordingly. Service call work that is required within
that 24 hour time period &Miles only to emergencies, that is, however, not limited to, inoperable tolls[ facilities, plumbing Icaks, no heating,
gas pipe leaks, electric power failure (either main distribution or subpanel fcxds to breaker, etc.) or any other life support facility that is not
mentioned herewith.
wdial rot Acsrp?
rage 3 of 6
01/01/1994 05:34 2157885686 PACE 14
18. PLANS AND si cA71:ONS DRSCitli nON:
Ail wait motet Da daft to aecadanea M" Plata (tea E*dhh h attaddtad her"h and OWWO pan of th# contract
? .. daClNgettla.
ALL WORK COMPl4 M IE.REINl M M FOR TWO (2)1DEWICAI.. BUILDWIS CONSISTING OF SIM-SIX
(W) APARTMEW Mrs.
19, ADDMONAL TRIMS: (1) Should Subcontractor, default on gay of its obligations under this agreement, Contractor shall be
entitled to recover from Subcontractor all expeases, charges, Costs and damages which Subcontractor's default causes Contractor to incur
or suffer, including, without limitation, all attorneys' fees and costs of suit, which Contractor incurs in seeking redress for Subcontractor's
default or in defasdiag against claims caused, in whole or in part by Subcontractor's defmtlt_ Contractor shall also be entitled to recover from
Subcontractor all 1 1; mes, charges, costs and damages, including, without Qmitation, all attor"2 fees and costs of suit which Contractor
Incurs in defeadiog *41311M nth, claim which Subcontractor brings against Contractor and on which Contractor prevails.
IN WITNESS WIIERhop. they have berettmo set their hands the day tad year first above vMtte4.
Attest: s `-?
Attest
Initial ttor
Cootrac
Subcomrac
Page F or 6
ATTACHMENT A
SCOPE OF WORK
SYLCAR CONSTRUCTION CORP.
Installation of all of the following:
• Exterior and interior wall panels.
• Wood trusses.
• Required roof sheathing.
• 15 lb. felt on complete roof sheathing by the end of each working day. Do not leave
plywood exposed.
• Required windows and exterior entrance doors with temporary locksets and glass
sliding patio doors.
• Fascia, frieze boards, and overhang soffit blocking.
• Tyvek to exterior wall panels and sill sealer as required.
NOTE:
V1j
• Gable and draft stop trusses to be factory sheathed.
• Anchor bolts to be set by Masonry Contractor
• Material handling equipment, scaffolding, and crane for either erection or mobilizing
material on-site is by this subcontractor.
• All material either factory pre-fabricated or loose will be furnished by General
Contractor with exception of nails, staples, shots, pins, and other fasteners will be
furnished by this subcontractor. Plywood clips and truss anchors by General
Contractor.
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
SYLCAR CONSTRUCTION CORPORATION,
and CHARLES J. SYLVESTER,
No. CV-02-1162
Plaintiffs,
V.
V. L. RENDINA, INC., and
VICTOR L. RENDINA,
Defendants.
NOTICE TO PLEAD
To: SYLCAR CONSTRUCTION CORPORATION AND
CHARLES J. SYLVESTER, PLAINTIFFS
You are hereby notified to file a written response to the enclosed Preliminary Objection
within twenty (20) days from service hereof or judgment may be entered against you.
KEGEL KELIN ALMY & GRIMM LLP
By: ?f Z/
Howard L. Kelin
Attorney I.D. No. 65124
24 N. Lime Street
Lancaster, PA 17602
(717) 392-1100
Counsel for Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
SYLCAR CONSTRUCTION CORPORATION,
and CHARLES J. SYLVESTER,
Plaintiffs, No. CV-02-1162
V.
V. L. RENDINA, INC., and
VICTOR L. RENDINA,
Defendants.
PRELIMINARY OBJECTIONS
Defendants Victor L. Rendina ("Mr. Rendina') and V.L. Rendina, Inc., by counsel, state
as follows for their preliminary objections to the Complaint by Plaintiffs Sylcar Construction
Corporation ("Sylcar") and Charles J. Sylvester ("Mr. Sylvester"):
First Preliminary Objection, by Mr. Rendina
Rule 1028(4), Leeal Insufficiency of a Pleadine (Demurrer)
1. This dispute concerns a contract for construction work entered between two
corporations: V.L. Rendina, Inc. and Sylcar. The contract is attached to the Complaint as Exhibit
A.
2. Neither Mr. Sylvester (the alleged owner of Sylcar) nor Mr. Rendina (the alleged
owner of V.L. Rendina, Inc.) were parties to the contract. Rather, they simply signed the
contract on behalf of their respective corporations.
3. Plaintiffs fail to state a cause of action against Mr. Rendina in his individual
capacity as the alleged owner of V.L. Rendina, Inc.
WHEREFORE, the Court should grant a demurrer as to all counts against Mr. Rendina.
Second Preliminary Objection, by Mr. Rendina and V.L. Rendina, Inc.
Rule 1028(4)Legal Insufficiency of a Pleading (Demurrer)
4. Defendants incorporate herein the foregoing paragraphs.
5. Mr. Sylvester fails to state a cause of action against Mr. Rendina or V.L. Rendina,
Inc.
WHEREFORE, the Court should grant a demurrer as to all counts by Mr. Sylvester.
KEGEL KELIN ALMY & GRIMM LLP
By: §11-a(
Howard L. Kelin
Attorney I.D. No. 65124
24 N. Lime Street
Lancaster, PA 17602
(717) 392-1100
Counsel for Defendants
-2-
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the foregoing Preliminary
Objections was served this 9`h day of April, 2002, by facsimile and first class mail, postage
prepaid, upon Karen L. Koenigsberg, Esq., Dissinger and Dissinger, 28 North Thirty-Second
Street, Camp Hill, PA, 17011
Howard L. Keli
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SYLCAR CONSTRUCTION
CORPORATION, a CORPORATION,
and CHARLES J. SYLVESTER,
INDIVIDUALLY AS OWNER OF
SYLCAR CONSTRUCTION
CORPORATION,
Plaintiffs
VS.
V. L. RENDINA, INC.,
a CORPORATION, and
VICTOR L. RENDINA,
INDIVIDUALLY AS OWNER OF
V. L. RENDINA, INC.,
Defendants
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
OF PENNSYLVANIA
CIVIL ACTION AT LAW
NO. 02-1162 CIVIL TERM
ANSWER TO DEFENDANT'S PRELIMINARY OBJECTIONS
AND NOW COMES the Plaintiff, Sylcar Construction
Corporation, a corporation, by their attorneys, Dissinger
and Dissinger, and files the following Answer and
respectfully represents that:
¢1. ADMITTED.
12. ADMITTED.
3. ADMITTED. By way of further answer, on May 02, 2002
Plaintiff filed a Petition to Amend the Caption to remove
Charles J. Sylvester, as an individual, and Victor L.
Rendina, as an individual, from the caption.
4. No response is required.
5. DENIED. It is specifically denied that Mr. Sylvester
or Sylcar Construction Corporation failed to state a cause
of action against V. L Rendina, Inc. By way of further
answer, the Complaint filed on March 08, 2002 specifically
states a cause of action for Breach of Contract, Unjust
(Enrichment, and Violation of the Contractor and Sub-
Contractor Payment Act.
WHEREFORE, Plaintiff respectfully requests this Court
to dismiss Defendant's Preliminary Objections and direct
that an answer to Plaintiff's Complaint be filed no later
than twenty (20) days from the entry of an Order.
Respectfully Submitted:
By:
Attorney for Plaintiff
Supreme Court ID # 85556
28 North Thirty-second Street
Camp Hill, PA 17011
(717) 975-2840
DISSINGER AND DISSINGER
SYLCAR CONSTRUCTION
CORPORATION, a CORPORATION,
and CHARLES J. SYLVESTER,
INDIVIDUALLY AS OWNER OF
SYLCAR CONSTRUCTION
CORPORATION,
Plaintiffs
VS.
V. L. RENDINA, INC.,
a CORPORATION, and
VICTOR L. RENDINA,
INDIVIDUALLY AS OWNER OF
V. L. RENDINA, INC.,
Defendants
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
OF PENNSYLVANIA
: CIVIL ACTION AT LAW
: NO. 02-1162 CIVIL TERM
CERTIFICATE OF SERVICE
I, Karen L. Koenigsberg, do hereby certify that a copy of
the foregoing Answer and Counterclaim has been duly served
upon Howard L. Kelin, Esquire, attorney for Defendant, by
depositing same in the United States Mail, postage prepaid,
addressed as follows:
Howard L. Kelin, Esquire
Kegel, Kelin, Almy & Grimm, L.L.P.
24 North Lime Street
Lancaster, PA 17¢02-2913
Date:
CkAW I /Vt
Kalten L. Koenig berg
Attorney for Plaintiff
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SYLCAR CONSTRUCTION
CORPORATION, a CORPORATION,
and CHARLES J. SYLVESTER,
INDIVIDUALLY AS OWNER OF
SYLCAR CONSTRUCTION
CORPORATION,
Plaintiffs
VS.
V. L. RENDINA, INC.,
a CORPORATION, and
VICTOR L. RENDINA,
INDIVIDUALLY AS OWNER OF
V. L. RENDINA, INC.,
Defendants
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY
: OF PENNSYLVANIA
CIVIL ACTION AT LAW
NO. 02-1162 CIVIL TERM
PETITION TO AMEND CAPTION
TO THE HONORABLE, THE JUDGES OF SAID COURT:
Plaintiffs, Sylcar Construction Corporation and Charles
J. Sylvester, by and through their attorneys, Dissinger and
Dissinger, respectfully represent and move the Court as
follows:
1. The Plaintiffs are Sylcar Construction Corporation, a
corporation and Charles J. Sylvester, individually as owner of
Sylcar Construction Corporation, whose principal business is
located at 1117 Cedar Avenue, Croydon, Bucks County,
Pennsylvania, 19021.
2. The Defendants are V. L. Rendina, Inc., a corporation and
Victor L. Rendina, individually as owner of V. L. Rendina,
Inc., who principal business is located at 315 Primrose Lane,
Mountville, Lancaster County, Pennsylvania, 17554.
3. A Complaint was filed to the above term and number on
March 08, 2002.
4. In response to Defendant's Preliminary Objections,
Plaintiffs, Sylcar Construction Corporation, a corporation and
Charles J. Sylvester, individually as owner of Sylcar
Construction Corporation, wish to amend the caption of said
complaint to remove Charles J. Sylvester as an individual and
owner and Victor L. Rendina as an individual and owner from
the lawsuit.
WHEREFORE, Plaintiff, Sylcar Construction
Corporation, moves this Honorable Court to allow Plaintiff to
amend the caption of the Complaint to read:
SYLCAR CONSTRUCTION
CORPORATION, a CORPORATION,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY
: OF PENNSYLVANIA
VS.
V. L. RENDINA, INC.,
a CORPORATION,
Defendant
CIVIL ACTION AT LAW
NO. 02-1162 CIVIL TERM
Respectfully Submitted:
i
Date: b 0MA0A A VM 101,
Ka en L. oeni sberg
Attorney for Plaintiff
Supreme Court ID # 85556
28 North Thirty-second Street
Camp Hill, PA 17011
(717) 975-2840
SYLCAR CONSTRUCTION
CORPORATION, a CORPORATION,
and CHARLES J. SYLVESTER,
INDIVIDUALLY AS OWNER OF
SYLCAR CONSTRUCTION
CORPORATION,
Plaintiffs
Vs.
V. L. RENDINA, INC.,
a CORPORATION, and
;VICTOR L. RENDINA,
INDIVIDUALLY AS OWNER OF
V. L. RENDINA, INC.,
Defendants
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
OF PENNSYLVANIA
CIVIL ACTION AT LAW
NO. 02-1162 CIVIL TERM
CERTIFICATE OF SERVICE
I, Karen L. Koenigsberg, do hereby certify that a copy of
the foregoing Answer and Counterclaim has been duly served
upon Howard L. Kelin, Esquire, attorney for Defendant, by
depositing same in the United States Mail, postage prepaid,
addressed as follows:
Howard L. Kelin, Esquire
Kegel, Kelin, Almy & Grimm, L.L.P.
24 North Lime Street
Lancaster, PA 17602-2913
Date: Attorney for Pla
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MAY e3 2002
SYLCAR CONSTRUCTION
CORPORATION, a CORPORATION,
and CHARLES J. SYLVESTER,
'INDIVIDUALLY AS OWNER OF
SYLCAR CONSTRUCTION
CORPORATION,
Plaintiffs
VS.
V. L. RENDINA, INC.,
a CORPORATION, and
VICTOR L. RENDINA,
INDIVIDUALLY AS OWNER OF
V. L. RENDINA, INC.,
Defendants
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY
: OF PENNSYLVANIA
: CIVIL ACTION AT LAW
: NO. 02-1162 CIVIL TERM
RULE TO SHOW CAUSE
AND NOW, this day of May, 2002, upon review of
the foregoing Petition, a Rule is hereby entered against the
Defendant, to show cause why the Court should not enter an
Order amending the caption of the Complaint.
Rule returnable 61maw.0e95 days from the date of the
service hereof.
BY THE COURT:
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
SYLCAR CONSTRUCTION CORPORATION,
and CHARLES J. SYLVESTER,
Plaintiffs, No. CV-02-1162
V.
V. L. RENDINA, INC., and
VICTOR L. RENDINA,
Defendants.
NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND
THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21
V.L. Rendina, Inc. intends to serve a subpoena identical to the one that is attached to this
notice. You have twenty (20) days from the date listed below in which to file of record and serve
upon the undersigned an objection to the subpoena. If no objection is made the subpoena maybe
served.
KEGEL KELIN ALMY & GRIMM LLP
Date: May 14, 2002 By: ??
Howard L. Kelin
Attorney I.D. No. 65124
Karen L. Hume
Attorney I.D. No. 83903
24 N. Lime Street
Lancaster, PA 17602
(717) 392-1100
Counsel for V.L. Rendina, Inc.
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the foregoing Notice of
Intent to Serve a Subpoena to Produce Documents and Things for Discovery Pursuant to Rule
4009.21 was served this 14`h day of May, 2002, by first class mail, postage prepaid, upon the
following person:
Karen L. Koenigsberg
Dissinger and Dissinger
28 North Thirty-second Street
Camp Hill, PA 17011
Karen L. Hume
IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
SYLCAR CONSTRUCTION CORPORATION,
and CHARLES J. SYLVESTER,
Plaintiffs, No. CV-02-1162
V.
V. L. RENDINA, INC., and
VICTOR L. RENDINA,
Defendants.
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Chief Mark Pugliese, West Hempfield Police
3401 Marietta Avenue
Lancaster, PA 17601
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the
following documents or things at 24 North Lime Street, Lancaster, Pa 17602: Police Report dated December 21.
2001 involving Charles Sylvester.
You may deliver or mail legible copies of the documents or produce things requested by this subpoena,
together with the certificate of compliance, to the party making this request at the address listed above.
You have the right to seek in advance the reasonable cost of preparing the copies or producing the things
sought.
If you fail to produce the documents or things required by this subpoena within twenty (20) days after its
service, the party serving this subpoena may seek a court order compelling you to comply with it.
This subpoena was issued at the request of the following person:
Howard L. Kelin
Attorney I.D. No. 65124
Karen L. Hume
Attorney I.D. No. 83903
24 N. Lime Street
Lancaster, PA 17602
(717) 392-1100
Counsel for Defendant, V.L. Rendina
Date: By The Court:
(Prothonotary)
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
SYLCAR CONSTRUCTION CORPORATION,
and CHARLES J. SYLVESTER,
Plaintiffs, No. CV-02-1162
V.
V. L. RENDINA, INC., and
VICTOR L. RENDINA,
Defendants.
NOTICE
To Chief Mark Pugliese:
You are required to complete the following Certificate of Compliance when producing
documents or things pursuant to the Subpoena.
CERTIFICATE OF COMPLIANCE WITH SUBPOENA TO
PRODUCE DOCUMENTS OR THINGS PURSUANT TO 4009.23
I, Chief Mark Pugliese, certify to the best of my knowledge, information and belief that
all documents or things required to be produced pursuant to the subpoena issued on
have been produced.
Date:
Chief Mark Pugliese
a
Mr,
'
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SYLCAR CONSTRUCTION
CORPORATION, a CORPORATION,
and CHARLES J. SYLVESTER,
INDIVIDUALLY AS OWNER OF
SYLCAR CONSTRUCTION
CORPORATION,
Plaintiffs
VS.
V. L. RENDINA, INC.,
a CORPORATION, and
VICTOR L. RENDINA,
INDIVIDUALLY AS OWNER OF
V. L. RENDINA, INC.,
Defendants
: IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
OF PENNSYLVANIA
CIVIL ACTION AT LAW-
NO. 02-1162 CIVIL TERM
MOTION TO MAKE RULE TO SHOW CAUSE ABSOLUTE
AND NOW, comes counsel for Plaintiff, Sylcar
Construction Corporation, Karen L. Koenigsberg, and
respectfully moves this Court to make absolute the Rule to
Show Cause which was issued in the above-captioned matter on
May 03, 2002, and in support states the following:
1. Plaintiff, Sylcar Construction Corporation, filed a
Petition To Amend Caption on May 02, 2002.
2. On May 03, 2002, this Honorable Court issued a Rule on
counsel for Defendant, V. L. Rendina, Inc., to show cause
why Plaintiff should not granted the request to amend the
caption, returnable ten (10) days from date of service.
3. On May 07, 2002, Karen L. Koenigsberg, counsel for
Plaintiff, caused a copy of the Rule to be served on counsel
for Defendant, V. L. Rendina, Inc., by first class United
States mail.
4. Counsel for Defendant, V. L. Rendina, Inc., has failed
SYLCAR CONSTRUCTION
CORPORATION, a CORPORATION,
and CHARLES J. SYLVESTER,
INDIVIDUALLY AS OWNER OF
SYLCAR CONSTRUCTION
CORPORATION,
Plaintiffs
VS.
V. L. RENDINA, INC.,
a CORPORATION, and
VICTOR L. RENDINA,
INDIVIDUALLY AS OWNER OF
V. L. RENDINA, INC.,
Defendants
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY
OF PENNSYLVANIA
: CIVIL ACTION AT LAW_
: NO. 02-1162 CIVIL TERM
MOTION TO MAKE RULE TO SHOW CAUSE ABSOLUTE
AND NOW, comes counsel for Plaintiff, Sylcar
Construction Corporation, Karen L. Koenigsberg, and
respectfully moves this Court to make absolute the Rule to
Show Cause which was issued in the above-captioned matter on
May 03, 2002, and in support states the following:
1. Plaintiff, Sylcar Construction Corporation, filed a
Petition To Amend Caption on May 02, 2002.
2. On May 03, 2002, this Honorable Court issued a Rule on
counsel for Defendant, V. L. Rendina, Inc., to show cause
why Plaintiff should not granted the request to amend the
caption, returnable ten (10) days from date of service.
3. On May 07, 2002, Karen L. Koenigsberg, counsel for
Plaintiff, caused a copy of the Rule to be served on counsel
for Defendant, V. L. Rendina, Inc., by first class United
States mail.
4. Counsel for Defendant, V. L. Rendina, Inc., has failed
to answer Plaintiff's petition to date.
WHEREFORE, counsel for Plaintiff, Sylcar Construction
Corporation, requests that this Honorable Court make the
Rule To Show Cause absolute and grant the Petition To Amend
the caption to read as follows:
SYLCAR CONSTRUCTION : IN THE COURT OF COMMON PLEAS
CORPORATION, a CORPORATION, : OF CUMBERLAND COUNTY
Plaintiff : OF PENNSYLVANIA
Vs.
V. L. RENDINA, INC.,
a CORPORATION,
Defendant
Dated: ? ??
CIVIL ACTION AT LAW
: NO. 02-1162 CIVIL TERM
Respectfully Submitted,
DISSINGER AND DISSINGER
Airen L. Koehigsber& 61-
Supreme Attorney For Plaintiff Court ID # 85556
28 North Thirty-second Street
Camp Hill, PA 17011
(717) 975-02840
. 1!
SYLCAR CONSTRUCTION
CORPORATION, a CORPORATION,
and CHARLES J. SYLVESTER,
INDIVIDUALLY AS OWNER OF
SYLCAR CONSTRUCTION
CORPORATION,
Plaintiffs
VS.
V. L. RENDINA, INC.,
a CORPORATION, and
VICTOR L. RENDINA,
INDIVIDUALLY AS OWNER OF
V. L. RENDINA, INC.,
Defendants
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
OF PENNSYLVANIA
: CIVIL ACTION AT LAW
: NO. 02-1162 CIVIL TERM
CERTIFICATE OF SERVICE
I, Karen L. Koenigsberg, do hereby certify that a copy
of the foregoing document has been duly served upon Howard
L. Kelin, Esquire, attorney for Defendant, by depositing
same in the United States Mail, postage prepaid, addressed
as follows:
Howard L. Kelin, Esquire
Kegel, Kelin, Almy & Grimm, L.L.P.
24 North Lime Street
Lancaster, PA 17602-2913
Date: ren L. Koenigs erg
Attorney for Plaintiff
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MAY 2 0 2002
SYLCAR CONSTRUCTION
CORPORATION, a CORPORATION,
and CHARLES J. SYLVESTER,
INDIVIDUALLY AS OWNER OF
SYLCAR CONSTRUCTION
CORPORATION,
Plaintiffs
Vs.
V. L. RENDINA, INC.,
a CORPORATION, and
VICTOR L. RENDINA,
INDIVIDUALLY AS OWNER OF
V. L. RENDINA, INC.,
Defendants
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
OF PENNSYLVANIA
CIVIL ACTION AT LAW
: NO. 02-1162 CIVIL TERM
t ORDER
AND NOW, this day of , 2002, upon
consideration of Plaintiff, Sylcar Con rction
Corporation's motion, it is hereby ORDERED that the Rule
which was issued on May 03, 2002 and served upon counsel for
Defendant, V. L. Rendina, Inc., in the above-captioned
matter on May 07, 2002, to show cause why Plaintiff should
not be granted the request to amend the caption is made
absolute, and that Plaintiff, Sylcar Construction
Corporation's Petition To Amend Caption is granted, and the
caption is amended as follows:
SYLCAR CONSTRUCTION
CORPORATION, a CORPORATION,
Plaintiff
VS.
V. L. RENDINA, INC.,
a CORPORATION,
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
OF PENNSYLVANIA
CIVIL ACTION AT LAW
NO. 02-1162 CIVIL TERM
BY THE COURT:
J.
i
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5? .6 P- NA I' Z!0
IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
SYLCAR CONSTRUCTION CORPORATION,
and CHARLES J. SYLVESTER,
Plaintiffs, No. CV-02-1162
V.
V. L. RENDINA, INC., and
VICTOR L. RENDINA,
Defendants.
CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
As a prerequisite to service of a subpoena for documents and things pursuant to Rule
4009.22, Defendant certifies that:
(1) a notice of intent to serve the subpoena with a copy of the subpoena attached
thereto was mailed or delivered to each party at least twenty (20) days prior to the date on which
the subpoena is sought to be served,
(2) a copy of the notice of intent, including the proposed subpoena, is attached to this
certificate,
(3) no objection to the subpoena has been received;
(4) the subpoena which will be served is identical to the subpoena which is attached
to the notice of intent to serve the subpoena.
KEGEL KELIN ALMY & GRIMM LLP
Date: June 4, 2002 By:
Howard L. yKelin
Attorney I.D. No. 65124
Karen L. Hume
Attorney I.D. No. 83903
24 N. Lime Street
Lancaster, PA 17602
(717) 392-1100
Counsel for V.L. Rendina, Inc.
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the foregoing Certificate
Prerequisite to Service of a Subpoena Pursuant to Rule 4009.22 was served this 4th day of June,
2002, by first class mail, postage prepaid, upon the following person:
Karen L. Koenigsberg
Dissinger and Dissinger
28 North Thirty-second Street
Camp Hill, PA 17011
aren L. Hume
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
SYLCAR CONSTRUCTION CORPORATION,
and CHARLES J. SYLVESTER,
Plaintiffs, No. CV-02-1162
V.
V. L. RENDINA, INC., and
VICTOR L. RENDINA,
Defendants.
NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND
THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21
V.L. Rendina, Inc. intends to serve a subpoena identical to the one that is attached to. this
notice. You have twenty (20) days from the date listed below in which to file of record and serve
upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be
served.
KEGEL I ELIN ALMY & GREM M LLP
Date: May 14, 2002 By: ',Ul t Al
Howard L. Kelin
Attorney I.D. No. 65124
Karen L. Hume
Attorney I.D. No. 83903
24 N. Lime Street
Lancaster, PA 17602
(717) 392-1100
Counsel for V.L. Rendina, Inc.
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the foregoing Notice of
Intent to Serve a Subpoena to Produce Documents and Things for Discovery Pursuant to Rule
4009.21 was served this 14th day of May, 2002, by first class mail, postage prepaid, upon the
following person:
Karen L. Koenigsberg
Dissinger and Dissinger
28 North Thirty-second Street
Camp Hill, PA 17011
Karen L. Hume
IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
SYLCAR CONSTRUCTION CORPORATION,
and CHARLES J. SYLVESTER,
Plaintiffs, No. CV-02-1162
V.
V. L. RENDINA, INC., and
VICTOR L. RENDINA,
Defendants.
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Chief Mark Pugliese, West Hempfield Police
3401 Marietta Avenue
Lancaster, PA 17601
Within twenty (20) days after service of this subpoena; you are ordered by the court to produce the
following documents or things at 24 North Lime Street, Lancaster, Pa 17602: Police Report dated December 21.
2001 involving Charles Sylvester.
You may deliver or mail legible copies of the documents or produce things requested by this subpoena,
together with the certificate of compliance, to the party making this request at the address listed above.
You have the right to seek in advance the reasonable cost of preparing the copies or producing the things
sought.
If you fail to produce the documents or things required by this subpoena within twenty (20) days after its
service, the party serving this subpoena may seek a court order compelling you to comply with it.
This subpoena was issued at the request of the following person:
Howard L. Kelin
Attorney I.D. No. 65124
Karen L. Hume
Attorney I.D. No. 83903
24 N. Lime Street
Lancaster, PA 17602
(717) 392-1100
Counsel for Defendant, V.L. Rendina
Date: By The Court:
(Prothonotary)
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
SYLCAR CONSTRUCTION CORPORATION,
and CHARLES J. SYLVESTER,
Plaintiffs, No. CV-02-1162
V.
V. L. RENDINA, INC., and
VICTOR L. RENDINA,
Defendants.
NOTICE
To Chief Mark Pugliese:
You are required to complete the following Certificate of Compliance when producing
documents or things pursuant to the Subpoena.
CERTIFICATE OF COMPLIANCE WITH SUBPOENA TO
PRODUCE DOCUMENTS OR THINGS PURSUANT TO 4009.23
I, Chief Mark Pugliese, certify to the best of my knowledge, information and belief that
all documents or things required to be produced pursuant to the subpoena issued on
have been produced.
Date:
Chief Mark Pugliese
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SYLCAR CONSTRUCTION : IN THE COU
CORPORATION, a CORPORATION, : OF CUMBERL
Plaintiff : OF PENNSYL
VS.
CIVIL ACTI
V. L. RENDINA, INC.,
a CORPORATION, NO. 02-11
Defendant
ACCEPTANCE OF SERVICE
T OF COMMON PLEAS
ND COUNTY
AT LAW
CIVIL TERM
i)Ak ylL.?0w,
I, Febae?? e4-iR, Esquire, hereby acc pt service of the
Amended Complaint on behalf of the Defendant, V. L. Rendina,
Inc., a Corporation, which was delivered to me on
AUdA 2002 by First Class Uni ed States mail.
Attorney for Defendant ??vrv?
ID Number: 6-5+2* 403
24 North Lime Street
Lancaster, PA 17602
(717) 392-1100
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
SYLCAR CONSTRUCTION CORPORATION, :
Plaintiff, No. CV-02-1162
V.
V. L. RENDINA, INC.,
Defendant.
To: Sylcar Construction Corporation
You are hereby notified to file a written response to the enclosed Answer to Amended
Complaint, New Matter and Counterclaim within twenty (20) days from service hereof or a
judgment may be entered against you.
KEGEL KELIN ALMY & GRIMM LLP
By: 41cb
Howard L. Kelin
Attorney I.D. No. 65124
Karen L. Hume
Attorney I.D. No. 83903
24 N. Lime Street
Lancaster, PA 17602
(717) 392-1100
Counsel for V. L. Rendina, Inc.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
SYLCAR CONSTRUCTION CORPORATION, :
Plaintiff, No. CV-02-1162
V.
V. L. RENDINA, INC.,
Defendant.
ANSWER TO AMENDED COMPLAINT NEW MATTE AND COUNTERCLAIM
Defendant V. L. Rendina, Inc. ("Rending"), by counsel, state as follows for its Answer to
the Amended Complaint by Plaintiff Sylcar Construction Corporation ("Sylcar"):
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted in part, denied in part. Denied that work began "under the contract" in
September, 2001. Under the contract, Sylcar's work was to have begun in August, 2001;
however, Sylcar failed to begin work as scheduled. Admitted that work in fact began in
September, 2001. While the overall project continues today, the work that Sylcar contracted to
perform has been completed. Admitted that the matters complained of in the Amended
Complaint arose in Cumberland County, Pennsylvania.
5. Admitted.
6. Admitted.
Count I: Breach of Contract
7. The responses to Paragraphs 1 through 6 are incorporated herein by reference.
8. Admitted.
9. Denied. Rendina's contract is with Unisem c/o LCL Management.
10. The averments state a legal conclusion, to which no response is required. To the
extent a response is required, the averment is denied. On the contrary, Sylcar failed to fulfill its
contractual obligations to defendant in a number of respects as outlined below in the section
titled "New Matter."
11. The averments state a legal conclusion, to which no response is required. To the
extent a response is required, it is denied that Rendina owes money to Sylcar. To the contrary,
Sylcar owes money to Rendina, as explained in Rendina's counterclaim.
12. Admitted.
13. Denied. Although additional work was agreed to by Sylcar and Rendina, Sylcar
left the job site prior to beginning this work. Sylcar is not entitled to payment for additional
work it did not perform. Sylcar did perform additional work with respect wall panel corrections
and anchor bolts, for which Sylcar was paid.
14. The averments refer to a document that speaks for itself.
15. The averments state a legal conclusion, to which no response is required. To the
extent a response is required, the averments are denied. On the contrary, Rendina made payment
to Sylcar in accordance with the terms of the contract.
16. Admitted. By way of further explanation, after proper notice to Sylcar, Rendina
hired supplemental workers to correct Sylcar's defective work and to perform work that was
Sylcar's responsibility, which Sylcar had failed to perform in a timely manner.
IT The averments state a legal conclusion, to which no response is required. To the
extent a response is required, the averments are denied. Rendina gave Sylcar proper notice of its
intent to hire supplemental workers.
18. The averments refer to a document that speaks for itself.
19. Admitted in part, denied in part. It is admitted that Rendina received a letter from
counsel for Sylcar. It is denied that the allegations included in the letter were accurate.
20. Admitted in part, denied in part. It is admitted that Rending received such a
notice. It is denied that such notice was proper or permitted under the contract.
21. Denied. Rendina has made payment to Sylcar in the amount of one hundered
eleven thousand one hundred sixty-four dollars and eighty-nine cents ($111,164.89).
22. The averments state a legal conclusion, to which no response is required.
23. The averments state a legal conclusion, to which no response is required.
WHEREFORE, defendant V. L. Rendina, Inc. denies any and all liability to plaintiff and
requests the entry of judgment in its favor.
Count II - Unjust Enrichment
24. The responses to Paragraphs 1 through 23 are incorporated herein by reference.
25. The averments state a legal conclusion, to which no response is required. To the
extent a response is required, the averments are denied. By way of further explanation, Sylcar
did not substantially complete its contractual obligations to Rendina as described below in the
section titled "New Matter."
26. The averments state a legal conclusion, to which no response is required.
WHEREFORE, defendant V. L. Rendina, Inc. denies any and all liability to plaintiff and
requests the entry of judgment in its favor.
Count III - Violation of the Contractor and Subcontractor Payment Act
27. The responses to Paragraphs 1 through 26 are incorporated herein by reference.
28. The averments state a legal conclusion, to which no response is required.
29. The averments state a legal conclusion, to which no response is required. To the
extent a response is required, the averments are denied. On the contrary, Sylcar did not fulfill its
obligations to Rending under the contract.
30. The averments state a legal conclusion, to which no response is required.
31. The averments state a legal conclusion, to which no response is required. To the
extent a response is required, the averments are denied. By way of further explanation, in
compliance with the contract, Rendina informed Sylcar on several occasions that Sylcar's work
was not being performed in accordance with the contract.
32. Denied. On the contrary, Sylcar was informed of the owner's anticipated progress
payments at all times.
33. The averments state a legal conclusion, to which no response is required.
WHEREFORE, defendant V. L. Rendina, Inc. denies any and all liability to plaintiff and
requests the entry of judgment in its favor.
New Matter
34. All foregoing paragraphs are incorporated herein by reference.
35. Sylcar's claims against Rendina are barred by the legal principles of accord and
satisfaction and payment.
36. Sylcar's contract with Rendina (attached as Exhibit A to the Amended Complaint)
specifies in Paragraph 13 that,
Should Subcontractor (plaintiff) at any time fail to supply a sufficient number of
skilled workmen, ... or fail in any respect to prosecute the Work covered by this
Subcontract with promptness and diligence, or fail in the performance of any of
the agreements herein contained, ... Contractor (defendant) may ... after forty-
eight (48) hours written notice to the Subcontractor, provide any such labor and
materials and deduct the cost thereof from any monies then due or thereafter to
become due to the Subcontractor; and ... Subcontractor ... shall ... remain
liable for any damages which Contractor incurs, if the expenses incurred by
Contractor in completing the work shall exceed the unpaid balance, Subcontractor
shall pay the difference to Contractor along with any other damage incurred by
Contractor as the result of Subcontractor's default.... Subcontractor shall be
liable to Contractor for all costs and damages incurred by Contractor due to the
failure of performance by Subcontractor, the failure of Subcontractor to keep the
progress of its work up to that of Contract of other trades or the failure to execute
its work as directed by the Contractor.
37. Sylcar failed to fulfill its contractual obligations to Rendina in the following
respects:
a. failure to maintain safe working conditions;
b. failure to follow the job schedule;
C. failure to provide a sufficient number of workers to complete its
contractual obligations in accordance with the job schedule;
d. failure to perform work on days on which it stated it would perform work;
e. failure to begin work on the date work was scheduled to begin;
failure to properly install windows;
g. failure to properly install Tyvek wrap;
h. failure to complete installation of Tyvek wrap;
failure to properly install framing;
failure to follow details of job specifications and drawings;
k. failure to execute jobs in the order specified;
1. failure to receive proper authorization to perform extra work;
in. failure to properly complete construction of the roof system;
n. failure to coordinate and cooperate with other contractors;
o. failure to provide work that was of good quality, free from faults and
defects and in conformance with the contract documents; and
p. initiating a work stoppage without cause and failing to complete its
contractual obligations.
38. Sylcar received numerous notifications that its work was insufficient and not in
compliance with the contract, and was given the opportunity to correct its work and provide
more workers to keep the job on schedule.
39. When Sylcar failed to do so, Rendina supplied the proper notice required by the
contract that it would be hiring supplemental workers at Sylcar's cost.
40. Sylcar was given several opportunities to provide its own workers instead of the
supplemental workers hired by Rendina, but chose not to do so.
41. Even after the supplemental workers joined the job, Sylcar continued to breach its
contract with Rendina.
42. Rendina gave Sylcar notice twice that it was terminating its contract with Sylcar;
each time, Sylcar asked to stay on the job and Rendina agreed to give Sylcar another chance to
fulfill its contractual obligations.
43. Nonetheless, Sylcar continued to breach its contract with Rendina.
44. Finally, Sylcar initiated a work stoppage without proper cause on February 15,
2002, and has not returned to the job site.
45. Rendina incurred costs of $38,625.46 in excess of the unpaid balance of its
contract with Sylcar to correct and complete Sylcar's work.
Counterclaim - Breach of Contract
46. All foregoing paragraphs are incorporated herein by reference.
47. Sylcar has breached its agreement to perform the work specified in its contract
with Rendina.
48. Sylcar is liable to Rendina for Rendina's costs in correcting and completing
Sylcar's contractual obligations in the amount of $38,625.46.
WHEREFORE, Rendina requests the entry of judgment against Sylcar in the amount of
$38,625.46, plus interest, attorneys' fees, costs, and any other appropriate remedy.
KEGEL KELIN ALMY & GRIMM LLP
a
By: 4WLQ-
Hovhrd L. Kelin
Attorney I.D. No. 65124
Karen L. Hume
Attorney I.D. No. 83903
24 N. Lime Street
Lancaster, PA 17602
(717) 392-1100
Counsel for V. L. Rendina, Inc.
.JUN-28-2002 13:31 K,EGEL KELIN ALMY & GRIMM
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BM-CATION
717 392 4385 P.llill
el e '!S5 1104 P.11
1; Rollin Ebersole, verify that the facts contained in the foregoing ANSWER TO
AMENDED COMPLAINT, NEW MA'ITEI1, AND COUNTERCLAIM are true and correct to
the best ofmy knowlodge; information and belief. I make this verification subject to the
Penalties of 18 Pa. C.S. § 4944, relating to unsworn falsifications to authorities.
Ra„QA,??
Rollin.3bersole, Executive vice president
V. L. Retain, Inc.
TOTAL P.11
TOTAL P.11
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the foregoing ANSWER
TO AMENDED COMPLAINT, NEW MATTER, AND COUNTERCLAIM was served this
day of June, 2002, by first class mail, postage prepaid, upon the following person:
Karen L. Koenigsberg
Dissinger and Dissinger
28 North Thirty-second Street
Camp Hill, PA 17011
d 4w?
Karen L. Hume
,SYLCAR CONSTRUCTION
CORPORATION, a CORPORATION,
Plaintiff
vs
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
OF PENNSYLVANIA
CIVIL ACTION AT LAW
V. L. RENDINA, INC.,
a CORPORATION, NO. 02-1162 CIVIL TERM
Defendant
ANSWER TO DEFENDANT'S
NEW MATTER AND COUNTER-CLAIM
AND NOW COMES the Plaintiff, Sylcar Construction
Corporation, by their attorneys, Dissinger and Dissinger, and
respectfully represents that:
34. No response is required.
35. The averments in Paragraph thirty-five (35) state a legal
conclusion for which no response is required. To the extent
a response is required, the averments are denied.
36. ADMITTED.
37. DENIED. It is specifically denied that Sylcar
Construction Corporation failed to fulfill its contractual
obligations to V. L. Rendina, Inc. in that Sylcar Construction
Corporation did not:
a. Fail to maintain safe working conditions;
b. Fail to follow the job schedule;
C. Fail to provide a sufficient number of workers to
complete its contractual obligations in accordance
with the job schedule;
d. Fail to perform work on days on which it has stated
it would perform work;
e. Fail to begin work on the date work was scheduled to
begin;
f. Fail to properly install windows;
g. Fail to properly install Tyvek wrap;
h. Fail to complete installation of Tyvek wrap;
i. Fail to properly install framing;
j. Fail to follow details of job specifications and
drawings;
k. Fail to execute jobs in the order specified;
1. Fail to receive proper authorization to perform extra
work;
M. Fail to properly complete construction of the roof
system;
n. Fail to coordinate and cooperate with other
contractors;
o. Fail to provide work that was of good quality, free
from faults and defects, and in conformance with the
contract document;
p. Initiate a work stoppage without cause and failing to
complete its contractual obligations.
38. DENIED. It is specifically denied that Sylcar
Construction Corporation received numerous notifications that
its work was insufficient and not in compliance with the
contract and was given the opportunity to correct its work and
provide more workers to keep the job on schedule.
39. DENIED. It is specifically denied that Sylcar
Construction Corporation failed to provide more workers to
keep the job on schedule and that V. L. Rendina, Inc. supplied
the proper notice required by the contract prior to hiring
supplemental workers.
40. DENIED. It is specifically denied that Sylcar
Construction Corporation was given several opportunities to
provide its own workers instead of supplemental workers hired
by V. L. Rendina, Inc., but choose not to do so.
41. DENIED. It is specifically denied that Sylcar
Construction Corporation breached its contract with V. L.
Rendina before or after V. L. Rendina, Inc. hired supplemental
workers.
42. DENIED. It is specifically denied that V. L. Rendina,
Inc. gave Sylcar Construction Corporation notice twice that it
was terminating its contract with Sylcar Construction
Corporation and that each time Sylcar Construction Corporation
asked to stay on the job and V. L. Rendina Inc. agreed to give
Sylcar Construction Corporation another chance to fulfill its
contractual obligations.
43. DENIED. It is specifically denied that Sylcar
Construction Corporation breached its contract with V. L.
Rendina, Inc.
44. DENIED in part, and ADMITTED in part. It is specifically
denied that Sylcar Construction Corporation initiated a work
stoppage without proper cause on February 15, 2002. It is
admitted that Sylcar Construction Corporation initiated a work
stoppage and has not returned to the job site, however, said
work stoppage was initiated with proper cause.
45. Plaintiff is without sufficient information to either
deny or admit the allegations in Paragraph forty-five (45) of
the Counter-Claim.
COUNTERCLAIM-BREACH OF CONTRACT
46. No response is required.
47. DENIED. It is specifically denied that Sylcar
Construction Corporation has breached its agreement to perform
the work specified in its contract with V. L. Rendina, Inc.
48. DENIED. It is specifically denied that Sylcar
Construction Corporation is liable to V. L. Rendina, Inc. for
V. L. Rendina, Inc. 's costs in correcting and completing
Sylcar Construction Corporation's contractual obligations in
the amount of thirty-eight thousand six hundred twenty-five
dollars and forty-six ($38,625.46).
WHEREFORE, Plaintiff requests this Honorable Court to
enter judgment in its favor and deny Defendant's request for
damages, attorneys' fees, costs, and any other remedy.
Respectfully Submitted:
DISSINGER AND DISSINGER
By:
28 North Thirty-second Street
Camp Hill, PA 17011
(717) 975-2840
Supreme Court ID # 85556
VERIFICATION
I, Charles J. Sylvester, verify that the foregoing facts are
true and correct. I understand that false statements herein are
made subject to the penalties of 18 Pa.C.S. §4904, relating to
unsworn falsification to authorities.
Charles J.,-S ester,
Agent for.
Sylcar Construction Corporation
p* ear r? .???? 7 5 7007
SYLCAR CONSTRUCTION
CORPORATION, a CORPORATION,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY
: OF PENNSYLVANIA
vs.
CIVIL ACTION AT LAW
V. L. RENDINA, INC.,
a CORPORATION, NO. 02-1162 CIVIL TERM
Defendant
CERTIFICATE OF SERVICE
I, Karen L. Koenigsberg, do hereby certify that a copy of
the foregoing Answer has been duly served upon Karen L. Hume,
Esquire, attorney for Plaintiff, by depositing same in the
United States Mail, postage prepaid, addressed as follows:
Karen L. Hume, Esquire
Kegel, Kelin, Almy & Grimm, L.L.P
24 North Lime Street
Lancaster, PA 17602-2913
Date:
4rAenjelt
4Koe . sberg
Attorney for Plaintiff
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SYLCAR CONSTRUCTION
CORPORATION, a CORPORATION,
Plaintiff
VS.
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY
: OF PENNSYLVANIA
CIVIL ACTION AT LAW
V. L. RENDINA, INC.,
a CORPORATION, NO. 02-1162 CIVIL TERM
Defendant
PETITION TO WITHDRAW APPEARANCE
AND NOW COMES, Karen L. Koenigsberg, counsel for Sylcar
Construction Corporation, and requests permission to withdraw as
counsel and avers as follows:
1. Petitioner is Karen L. Koenigsberg, an attorney associated
with Dissinger and Dissinger.
2. Respondent is Sylcar Construction Corporation, Defendant in
the within action.
3. Petitioner, Karen L. Koenigsberg, for Dissinger and
Dissinger, wishes to withdraw the appearance of her firm and
herself as counsel for Sylcar Construction Corporation.
4. Respondent herein has been unable to comply with the fee
agreement entered into between the corporation and Dissinger and
Dissinger.
5. Due to Respondent's inability to fulfill obligations of the
fee agreement, Petitioner herein requests the Court to withdraw
her representation and Dissinger and Dissinger's representation
of Defendant herein.
6. Respondent has outstanding legal fees and, despite repeated
requests, has failed to make regular payments on the account.
WHEREFORE, Petitioner requests that a Rule be issued upon
Defendant herein, and Plaintiff's counsel to show cause why the
relief requested should not be granted.
Respectfully Submitted,
Date:
DISSINGER & DISSINGER
At't:orney for Defendant i/
Supreme Court I.D. 85556 J
28 North Thirty-second Street
Camp Hill, PA 17011
717-975-2840
VERIFICATION
I, Karen L.
true and correct
Koenigsberg, verify that the foregoing facts are
I understand that false statements herein are
made subject to the penalties of 18 Pa.C.S. §4904, relating to
unsworn falsification to authorities.
SYLCAR CONSTRUCTION
CORPORATION, a CORPORATION,
Plaintiff
VS.
V. L. RENDINA, INC.,
a CORPORATION,
Defendant
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY
: OF PENNSYLVANIA
CIVIL ACTION AT LAW
NO. 02-1162 CIVIL TERM
CERTIFICATE OF SERVICE
I, Karen L. Koenigsberg, Esquire, do hereby certify that a
copy of the foregoing document has been duly served upon Sylcar
Construction Corporation, Defendant, and Howard L. Kelin, Esquire,
attorney for Plaintiff, by depositing same in the United States
Mail, postage prepaid, addressed as follows:
Sylcar Construction Corporation
Charles Sylvester
2005 Pennsylvania Avenue
Croydon, PA 19021
Howard L. Kelin, Esquire
Kegel, Kelin, Almy & Grimm, L.L.P.
24 North Lime Street
Lancaster, PA 17602-2913
L
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SYLCAR CONSTRUCTION
CORPORATION, a CORPORATION,
Plaintiff
Vs.
V. L. RENDINA, INC.,
a CORPORATION,
Defendant
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY
: OF PENNSYLVANIA
CIVIL ACTION AT LAW
NO. 02-1162 CIVIL TERM
RULE TO SHOW CAUSE
AND NOW, this day of /44 , 2004, a rule is
issued upon Plaintiff's counsel, Howard L. Kelin, Esquire, to
show cause why Dissinger and Dissinger should not be allowed to
withdraw their appearance on behalf of. Sylcar Construction
Corporation. Rule returnable ten (10) days after service.
BY THE COURT:
J.
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SYLCAR CONSTRUCTION
CORPORATION, a CORPORATION,
Plaintiff
VS.
V. L. RENDINA, INC.,
a CORPORATION,
Defendant
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY
: OF PENNSYLVANIA
CIVIL ACTION AT LAW
NO. 02-1162 CIVIL TERM
RULE TO SHOW CAUSE
AND NOW, this • day of , 2004, a rule is
issued upon the Defendant, Sylc r Construction Corporation, to
show cause why,Dissinger and Dissinger should not be allowed to
withdraw their appearance on behalf of Sylcar Construction
Corporation. Rule returnable ten (10) days after service.
IN 00 02) BY THE COURT:
q':I 12'4
LC :11 as' 61 `!Vll UTZ
SYLCAR CONSTRUCTION
CORPORATION, a CORPORATION,
Plaintiff
VS.
V. L. RENDINA, INC.,
a CORPORATION,
Defendant
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY
: OF PENNSYLVANIA
CIVIL ACTION AT LAW
NO. 02-1162 CIVIL TERM
MOTION TO MAKE RULE ABSOLUTE TO THE HONORABLE JUDGE HOFFER
The Petition respectfully represents:
1. Petitioner is Karen L. Koenigsberg, Esquire,
attorney with the firm of Dissinger and Dissinger, with a
place of business at 28 N. 32"d Street, Camp Hill,
Cumberland County, Pennsylvania.
2. Respondent is Sylcar Construction Corporation, with
a place of business at 2005 Pennsylvania Avenue, Croydon,
Cumberland County, Pennsylvania.
3. A Petition to Withdraw Appearance was filed with
this Honorable Court on March 3, 2004.
4. On March 12, 2004, the Honorable George E. Hoffer
issued a Rule to Show Cause upon Howard L. Kelin, Esquire,
to show cause why the relief requested should not be
granted.
5. The Rule to Show Cause of March 12, 2004, was served
upon Howard L. Kelin, Esquire, on or about March 17, 2004
(See copy of letter to Howard L. Kelin, Esquire, attached as
Exhibit "A").
6. On March 19, 2004, the Honorable George E. Hoffer
issued a Rule to Show Cause upon Sylcar Construction
(Corporation to show cause why the relief requested should
not be granted.
7. The Rule to Show Cause of March 19, 2004, was served
upon Sylcar Construction Corporation on or about March 22,
2004 (See copy of letter to Sylcar Construction Corporation
attached as Exhibit "B").
8. No response has been received from Howard L. Kelin,
Esquire.
9. No response has been received from Sylcar
Construction Corporation.
WHEREFORE, Petitioner, Karen L. Koenigsberg, Esquire,
requests the Court to sign the attached Order permitting her
withdrawal as counsel in this matter.
Respectfully submitted:
DISSINGER AND DISSINGER
i7
L. Koenig b rg, Es,' ire
Petri loner
Supreme Court ID #85556
28 N. 32° Street
Camp Hill, PA 17011
(717) 975-2840
DISSINGER
1, DISSINGER
Camp Hill Offices: 7t7.975.2840/voice • 717.975.3924/fax
Marysville Offices: 717.957.3474/voice • 717957.2316/fax
March 17, 2004
Howard L. Kelin, Esquire
Kegel, Kelin, Almy & Grimm, L.L.P.
24 North Lime Street
Lancaster, PA 17602-2913
RE: Sylcar Construction Corporation v.
V. L. Rendina, Inc.
Docket Number: 02-1162 Civil Term
Dear Mr. Kelin:
Enclosed, find a Rule to Show Cause signed by Judge Hoffer
giving ten (10) days from service of this Rule to show cause why I
should not be allowed to withdraw my appearance on behalf of Sylcar
Construction Corporation.
If you have any questions, please call my office.
Very truly yours,
Karen L. Koenigsberg
Attorney at Law
KLK:ml
Encl. 1
CC: Sylcar Construction Corporation
File 1-02-505
Attorneys at Law EXHIBIT
23 North Thirty-Second Street • Camp Hill, PA 17011
400 South Stare Road • Slansville, PA 17033
DISSINGER
t DISSINGER
Camp Hill Offices: 717.975.2840/voice • 717.975.3924/fax
Marysville Offices: 717,957.3474/voice • 717.957.2316/fax
March 22, 2004
Sylcar Construction Corporation
Charles Sylvester
2005 Pennsylvania Avenue
Croydon, PA 19021
Dear Mr. Sylvester:
Enclosed, find a Rule to Show Cause signed by Judge Hoffer,
dated March 19, 2004, giving ten (10) days from service of this
Rule for you to show cause why I should not be allowed to withdraw
my appearance on your behalf.
Very truly yours,
Karen L. Koenigsberg
Attorney at Law
KLK:ml
Encl. 1
File: 1-02-505
EXHIBIT
Attaa-neys at Lclte
2S North ThimSecond Street • Camp Hill, 131 17011 non
400 South State Road • Marr.w lie, P,a 17053
'SYLCAR CONSTRUCTION
CORPORATION, a CORPORATION,
Plaintiff
Vs.
V. L. RENDINA, INC.,
a CORPORATION,
Defendant
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY
: OF PENNSYLVANIA
CIVIL ACTION AT LAW
NO. 02-1162 CIVIL TERM
CERTIFICATE OF SERVICE
If Karen L. Koenigsberg, Esquire, do hereby certify
that a copy of the foregoing document has been duly served
upon Sylcar Construction Corporation, Defendant, and Howard
L. Kelin, Esquire, attorney for Plaintiff, by depositing
same in the United States Mail, postage prepaid, addressed
as follows:
Sylcar Construction Corporation
Charles Sylvester
2005 Pennsylvania Avenue
Croydon, PA 19021
Howard L. Kelin, Esquire
Kegel, Kelin, Almy & Grimm, L.L.P.
24 North Lime Street
Lancaster, PA 17602-2913
? s
Date: a? JU X16 ( ,?,/lQ/Y?
^`
K r L. Roenigs rg
J
APR 0 8 2004 1
SYLCAR CONSTRUCTION
CORPORATION, a CORPORATION,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY
: OF PENNSYLVANIA
vs.
V. L. RENDINA, INC.,
a CORPORATION,
Defendant
CIVIL ACTION AT LAW
NO. 02-1162 CIVIL TERM
ORDER
AND NOW this day o 2004, with no
objection from Howard L. Kelin, Esquire, and with no
objection from Sylcar Construction Corporation, the firm of
Dissinger and Dissinger and the appearance of Karen L.
Koenigsberg, Esquire, is withdrawn.
BY THE COURT:
J.
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Curtis R. Long
Prothonotary
Office of the protbonotarr
(lCumberlanb COMAP
Renee K. Simpson
Deputy Prothonotary
John E. Slike
Solicitor
CIVIL TERM
ORDER OF TERMINATION OF COURT CASES
HE TICS OF
5TH DAY OF NOVEMBER 2007 AFTER MAILING
AND NOW THIS RECEIVING NO RESPONSE ABOVE
INTENTION TO PROCEED AND WITH PREJUDICE IN ACCORDANCE WITH PA
CASE IS HEREBY TERMINATED
R C P 230.2.
BY THE COURT,
CURTIS R. LONG
PROTHONOTARY
e SO= • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573
One Courthous