The URL can be used to link to this page

Home My WebLink About06-4651 . ~ WILLIAM E. BUTLER and MARYANN GASHI-BUTLER, Plaintiffs COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION McCORKEL CONSTRUCTION SERVICES, INC., No. Dl. - '-II..S'I Gio~L~~ Defendants NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses 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 HA VB A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 NOTICIA le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siquientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. UEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO IENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICION, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAlO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cwnberland County Bar Association 32 S. Bedford Street Carlisle, P A 17013 (717) 249-3166 , , REAGER & ADLER, P.C. BY: THEODORE A. ADLER, ESQUIRE Attorney I.D. No. 16267 Email: Tadler@ReagerAdlerPC.com BY: JOHN H. PIETRZAK, ESQUIRE Attorney I.D. No. 79538 Email: Jpietrzak@ReagerAdlerPC.com 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Attornevs for Plaintiffs William E. Butler and Maryann Gashi-Butler WILLIAM E. ButLER and MARYANN GASHI-BUTLER, Plaintiffs : COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION McCORKEL CONSTRUCTION SERVICES, INC., ; No. Ol.- 4 ~ S"L Qlu~L'T ~ Defendants COMPLAINT I. Plaintiffs are William E. Butler and Maryann Gashi-Butler, husband and wife, individuals residing at 155 Mt. Rock Rd., Newville, Pennsylvania, 17241. 2. Defendant is McCorkel Construction Services, Inc., a corporation duly organized and existing under the laws of the Commonwealth of Pennsylvania, and having its office and principal place of business at 1405 Zimmerman Road, Carlisle, Pennsylvania, 17103. 3. Plaintiffs entered into a written contract agreement with Defendant on July 19, 2005, supplemented by six (6) change orders, under which Plaintiff agreed to perform certain work on Plaintiff's house located at 155 Mt. Rock Rd., Newville, Pennsylvania 17241 . , (hereinafter the "Project"). True and correct copies of the contract agreement and change orders are attached hereto as Exhibit "A". 4. The Project work included, but was not limited to, electrical work, wiring, installation of plumbing fixtures and the installation of a heating, ventilation and air conditioning system (hereinafter "HV AC"). 5. Defendant's work related to the electrical work and wiring was deficient and/or defective in that Defendant improperly installed the transient voltage surge suppressor, improperly installed the circuit breaker loadcenter and failed to install Ethernet wiring. 6. Defendant's work was also defective and/or deficient in that the several plumbing fixtures are cracked, leak or are inoperable and a telephone line installed in the bedroom does not work. 7. Defendant's work and the materials supplied by Defendant relating to the HV AC system are deficient and/or defective in that the HV AC system does not heat or cool properly, is not properly balanced and/or is inoperable or improperly sized. 8. Plaintiffs have provided notice to Defendant that its work is deficient and/or defective and have given Defendant the opportunity to correct its work. 9. Defendant has acknowledged that its work is deficient and/or defective and has stated that it would either correct the work or give the Plaintiffs a credit for the deficient work against the contract price. 10. Defendant has failed to correct its deficient and/or defective work and has not given the Plaintiffs any credit toward the contract price. , , 11. The Defendants have obtained estimates from another contractor to correct and/or repair the deficiencies to Plaintiffs work related to the HV AC system, in the amount of $37,684.00. True and correct copies of these estimates are attached as Exhibit "Bn. 12. The Defendants will incur additional costs to correct the problems and deficiencies related to the electrical work, wiring, plumbing fixtures, inoperable telephone line, and other minor deficiencies. 13. All conditions precedent to the bringing of this claim have been satisfied. COUNT ONE BREACH OF CONTRACT 14. Plaintiff hereby incorporates by reference the averments of paragraphs I through 13 of its Complaint as if fully set forth herein at length. 15. Under the contract with the Plaintiffs, the Defendant was required to perform its work in a workmanlike manner and provide materials adequate to achieve their intended purposes. 16. The Plaintiff breached the contract with the Plaintiffs by not completing the work related to the electrical work, wiring, installation of plumbing fixtures and HV AC system in a workmanlike manner, by failing to install Ethernet wiring and/or by providing materials for the HV AC system that were not properly sized to adequately heat or cool the house. 17. As a result of Defendant's breach of contract, the Plaintiffs will suffer damages to correct, repair or replace the plumbing fixtures, telephone line, electrical work, wiring and HV AC system, in an amount in excess of$35,000.00. . . WHEREFORE, Plaintiffs William E. Butler and Maryann Gashi-Butler respectfully request this Honorable Court to enter judgment in their favor and against Defendant, McCorkel Construction Services, Inc., in an amount in excess of$35,000.00 plus costs, interest and any other relief deemed appropriate. COUNT TWO VIOLATION OF THE UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW. 73 Pa.C.S.A. Ii 2-201. et. sea. 18. Plaintiff incorporates herein by reference the averments of paragraphs 1 through 17 above as if set forth fully herein. 19. Defendant and Plaintiffs entered into a written contract, a true and correct copy of which has been attached as Exhibit "A", under which Plaintiff agreed to perform certain work on Defendant's home in a workmanlike manner. 20. Defendant's work was of a nature or quality inferior to or below the standard to which Defendant agreed and was obligated to provide pursuant to the agreement between the parties. 21. Defendant's failure to perform its work in a workmanlike manner is a violation of the Unfair Trade Practices and Consumer Protection Law, 73 Pa.C.S.A. S 201-2(4)(xvi). 22. Plaintiffs have suffered damages in excess of $35,000 due to Plaintiffs violation of the Unfair Trade Practices and Consumer Protection Law. 23. Plaintiffs are entitled to treble damages under S 201-9.2 of the Unfair Trade Practices and Consumer Protection Law. , WHEREFORE, Plaintiffs, William E. Butler and Maryann Gashi-Butler, respectfully request this Honorable Court to enter judgment in its favor and against the Defendant, McCorkel Construction Services, Inc., on Count Two of its Complaint, in an amount equal to three times Defendant's actual damages, which are in excess of$35,OOO.00, plus costs, interest and attorney's fees. Respectfully submitted, REAGER & ADLER, P.C. Date: August 8, 2006 Gore A. Adler, Esqui e ttorneyI.D. No. 16267 John H. Pietrzak, Esquire Attorney I.D. No. 79538 ------ \ ~ ~\ b \ t f'r . '. 1405 Zlmmerm:'n Roa" ,ish 717,-243-7522 McCorkel Carliele; PA 17013, ' fa", 717-2411-3&22 construction , , " .' . . Completo eKaa~a~lon. buUlIlng; and remDdelllng of reeldlln~lal. aommaralat. and Induetrlal l>uUdlnge. .W. do II> rlsh'l> I>h~' first time," ' services nc July 19, 2005 Mary Anne Butler 155 Mt. Rock Road Newville, PA. 17241 Cel. 540 - 460 - 3079 McCorkel Construction Services, Inc. will prOVide all labor and material for repairs, concrete slab, floor sanding & painting at the above address, as follows, and subject to the attached terms & conditions. Concrete Basement Slab: · Dig & remove 4' dirt in basement furnace room to alloW for stones & slab · Supply & install .006 mil poly V.B. in basement furnace room . · Prepare for & pour 4" concrete basement furnace room slab over 4" stone base · Supply & install 2" stone in rear basement on existing ground · Supply & install rubber cover over stone in rear basement area for V.B. · Turn poly & rubber V.B. upon on wall & seal to foundation wall Sand & Finish Exlstina Wood Floors WI 3 coats Clear Finish: . . Dining Room (1 st. floor) · Kitchen & Eating Area (1 st. floor) · Main Entry (1 st, floor) . Living Room (1 st. floor) · Study (1 st. floor) I · Bedroom # 1( 2 nd. floor) · Bedroom # 2 ( 2 nd. floor) . Den ( 2 nd. floor) · Upper hall & main stair landing (2 nd. floor) · Bedroom # 3 (2 nd. floor) · Bedroom # 4 ( 2 nd, floor) · Main stair treads in entry · Main stair handrail in entry · Main stair newel posts in entry ~ . " Patch Existing Walls & ceilina: . Patch existing walls & ceilings ready for paint Flat Latex Paint walls & ceiling ,2 Coats: , . Dining Room . Kitchen & eating area . Entry . Living Room . Study _ . Powder Room . Bedroom # 1 . Bedroom # 2 . Den . Bathroom # 1 . Upper hall . Bathroom # 2 . Bedroom # 3 . Bedroom # 4 Semi-Gloss Latex Paint 2 Coats: . Dining Rm 5 sets window sash & interior trim . Dining Rm 5 sets drs., jambs &.inte.riortrim . Dining Rm 1 set fireplace trim & mantel · Dining Rm chair ran . Dining Rm baseboard" . Kitchen-eating area 3 sets window sash & interior trim · Kitchen-eating area 5 sets drs., jambs & interior trim · Kitchen-eating area 1 set fireplace trim & mantel · Kitchen-eating area chair rail . Kitchen-eating area baseboard . Entry 4 sets drs., jambs & interior trim . Entry stair skirt boards . Entry stair risers . Entry stair balusters · Entry chair rai.! . Entry baseboard . Living Rm 2 sets window sash & interior trim . Living Rm 1 set dr.. jamb & interior trim . Living Rm 1 set fireplace trim & mantel . Living Rm 2 sets bookshelves, . Living Rm chair rail . Living Rm baseboard . Study 1 set window sash & Interior trim . Study 3 sets drs., jambs & interior trim . Study 1 set fireplace trim & mantel . Study 1 set bookshelves . Study chair rail . Study baseboard . Powder Rm chair rail . Powder Rm baseboard . Bedroom # 1 4 sets window sash & Interior trim . Bedroom # 1 4 sets drs., jambs & interior trim .. Bedroom # 1 1 set fireplace trim & mantel . Bedroom # 1 chair rail . Bedroom # 1 baseboard . Bedroom # 2 1 set window sash & interior trim . Bedroom # 2 5 set drs., jambs & interior trim' . Bedroom # 2 chair rail . . Bedroom # 2 baseboard . Den 1 set window sash & Interior trim . Den 1 set dr., jamb & interior trim . Den chair rail . Den baseboard . Bathroom # 1 1 set window sash & interior trim . Bathroom # 1 1 dr., jamb & interior trim . Bathroom # 1 chair rail . Bathroom # 1 baseboard' . Upper Hall 1 set window sash & interior trim . Upper Hall chair rail . Upper Hall baseboard . Bathroom # 2 1 set window sash & interior trim . Bathroom # 2 2 sets drs., jambs & interior trim . Bathroom # 2 chair rail . Bathroom # 2 baseboard . Bedroom # 3 2 sets window sash & interior trim . Bedroom # 3 3 set drs., jambs & interior trim . Bedroom # 3 1 set fireplace trim & mantel . Bedroom # 3 1 set bookshelves . Bedroom # 3 chair rail . Bedroom # 3 baseboard . Bedroom # 4 2 sets window sash & interior trim . Bedroom # 4 3 sets drs., jambs & interior trim . Bedroom # 4 chair rail . Bedroom # 4 baseboard Electrical: . Remove existing wiring & panel box e t;upp:y IX l11SUlII new 4" under ground elecirical conduit from power poie to house . 't ..............v...Y ............/. -"'U'D~~e' ........" ,.., ..............MC.....t vU~!-,j. ("l!, /jl~t::i' I 'U::::~". .;;;Ill ~ ..,,",^ HI ...~.3;:t.........~ ~:.;pply ~ ::'1St3:1 ~tiu neV1 Slecrn:::sz o~tletS . ::;~pp:j" & mst$; ;.! tat:1:com ::g:-:t ~~a:1 ~:::;~~:::::-:3::Ci:S ':e:",;~e: :~ ti:C :;:.::::,:~:: ~ ....'.......10. V .............u ............................... .......,...... ...,....:--1"": ..... ...~,..... "~,,t' .c;'U'::fC ........HIV. ~ ~~pp:~' ~ ;;";~i~:: ~ iiew .'"o.:a:er ~B~rsr :tmc~ " ..................". y .............. ... .......... .-.I.......... .............. 'U'.....~~.! ..... II.....'...." . ,.....:0. u,:!.(j, ........,...:". ~ .....t............. y .............. .... f'O................... .........................,. .........!-"~.J .u. ",..:hGol'l.'.J ,,:t........I....:. ....~~.;......,......~ ~ ,.......of>........,....... ........................ of.: -, "'1" nil ....'=.h ....'L-:,..'.... r-............,,'v.-; <01 ..........v..;.., . Sub total...... .................. ...... ............ ..... Additions or Deletions... ...... ... .................. TotaL.................................................. Deposit... ... ..:...... ...... ... ... ...... ... ......... .... Payment at start..................................... Payment when rough wired....................... Payment when floors are finished............ ... Payment when walls & ceiling painted......... Payment when drs. & trim painted.............. Balance upon , substantial completion.......... $ 77,937.00 - Q- J ~(P ~ <f 7'7 '1 a 'L~ ~ D" -1 L ~"I, -7 ~ " v~{ €'.. {){)(,-if~c.:1.~ 'ftfy <l1,?<;37.~ . rI. / r -s-tJ o.!!.E ~ /'{. ~tJq.~ <t /%S-(}t:J.~ ... ",0 .. /'j!; ,s-IUJ. - <( t., tJoo. ~ J '1 9~ ~ ,?fAJ/' Date A '(A'ILI-- Client's Signature 141-(1 ~Jo~ Date (;oJ ,. ~~ Client's Signature 1/1"/0 ,~ Date ~ 1./ -h...-'c IliicCorkel onstruction ServfCes Ine , , . '. '. . 1 Tenns and Conditions This contract provides an estimate for the necessary labor and materials to perform the work required by completing the proposed project within the scope of this description. It is your responsibility to work with McCorkel Construction Services, Inc. to develop a clear underStanding for all legal, site and structural considerations for which you should have an understanding. This description has been prepared in a manner that reflects the information as it relates to your expectations and the commitments of McCorkel Construction Services, Inc. If, for any reason you or McCorkel Construction Services, Inc. make changes, said changes must be in written form clearly explaining the change, the amount of money involved and how the payment/credit will be handled. Standard change orders require a deposit of 50% upon execution of the change order and remaining balance upon completion of change order. Materials for non-, in stock change orders require payment in full upon execution of change order. , This contract supersedes all other specifications, drawings and/or any other information provided by the customer unless otherwise noted on proposal. The following (wherever applicable) description has been prepared to provide a general idea of what we expect will be involved. As the work progresses, you will be kept informed of each development and the options which are available, thus enabling you to make choices based on your expectations and the monetary amounts involved. All materials supplied and installed by contractor are to be as specified and to carry manufacturer's warranty for labor and material. All work will be completed in a workman like manner. Our labor carries a two-year warranty. Owner . responsible to document (punch list) any visible deficiencies to complete work within 15 days in writing and forward to contractor. Warranty will become void if completed contract is not paid in full within 30 days upOn completion of project including any punch list, extras or change orders. Contractor is not responsible for any material or labor supplied by customer or customer's subcontractors. ' In the event legal representation is sought due to customer's breach of ' contract, the customer will be responsible for the Contractor's legal fees and interest on remaining balances due to contractor if it is found by arbitration that, the Contractor performed the work according to the contract. In the event a dispute arises regarding satisfaction of workmanship, and/or materials, both parties agree to bind themselves over to arbitration by a qualified arbitration panel within 180 days of written dispute to resolve differenCes in a timely manner. 2 . Circumstances may arise where the Contractor encounters unusual conditions during the course of construction, such as, but not limited to, solid or machine rock, unstable soil, contaminated soil, sink holes, sub-surface water, andlor buried debris. Thus, said unusual condition may require additional unforeseen work and expenses to rectify the situation. The Contractor shall be compensated additionally (with a written change orriery, by owner for such work and materials provided at Contractor's usual rates and charges. Upon discovery of the unusual condition, Contractor shall promptly give owner notice thereof. OWner shall have the option of agreeing to Contractor performing the extra work or of terminating this contract. Owner shall give the Contractor written notice of his election within (5) days of owner's receipt of the Contractors notice. If owner elects to terminate this agreement, owner shall pay to the Contractor the actual cost plus Twenty (20%) percent. The Contractor shall apply any advances made by the owner to such payment due from the owner upon termination as aforesaid and shall refund the excess, if any. Upon termination as aforesaid, owner does hereby remise and release Contractor from any claims whats~ver arising out of this agreement. If the owner falls to reply in writing within Five (5) days to the Contractor's notice, the Contractor may, at it's option, elect to treat this agreement as terminated and owner shall be liable for the payments upon termination as set forth heretofore. Contractor shall give, owner written notice of said election and release existing lien on land. Damages to any unforseen underground wires, septic, pipes, or (but not limited to) tanks that are not clearly marked by Customer or Utility providers shall be repaired at homeowners expense. Contractor will not be held liable for pets. Customer shall keep pets under control, and away from work area at all times during the workday activities. . ' Contractor will not be held liable for children and or other parties. Children and or other parties shall be kept away from work areas at all times to insure their safety from unforeseen accidents due to work site conditions. , In the event that additional concrete is required for footers that are herein deeper th~n provided for because of site conditions, Customer hereby authorizes (with a wntten change orriery Contractor to supply and install the additional concrete and Customer agrees to compensate the Contractor for the cost of such additional ' concrete. Shrinkage or settlement cracks in (but not limited to) blacktop, concrete, mortar joints, block, brick, stone, applied masonry finishes, ceramic tile and joints are common and should be expected within certain tolerances. Any cracks greater than 1/8" in width will be repaired by surface patching or pointing; builder will not be responsible fOr color variations. We are not responsible for variation of color in mortar joints that may be common due to different reasons, such as but not 3 limited to weather conditions, drying conditions, dye colors, sand colors, manufacturing changes, etc. Contractor not responsible (but not limited to) for any warping, splitting or other damages caused by humidity conditions. Splits and warping in wood are common due to humidity levels causing expansion and contraction of the wood, and uneven walls, ceilings and floors, and should be expected within certain tolerances. Expansion and contraction of the wood may also cause cracks and nail pops in drywall and plaster, trim joints, and paint to crack. Filler or caulking and refinishing of the immediate area will repair any cracks or nail pops that may occur within the warranty period greater than 1/S" in width; builder will not be responsible for color variations or warping of wood. Contractor will repair any cracks, or nail pops areas (one time) within one year after completion of project. If Customer elects to complete the painting or staining on the project initially the customer will be responsible for the refinishing of these areas. Contractor is not responsible for color any variations in finish grade lumber, cabinetry, plywood and trim due to (but not limited to) wood graining, knots and density of wood. When stained, color variations in finished lumber are normal. Color variations are common and may be evident when new work connects to work in an existing area, due to (but not limited to) dirt, dust, smoke, fading, . weather conditions, changes from manufacturer, variations in paint colors, ' . discontinued materials, unknown manufacturers, etc. Upon completion of project by Contractor and Customer takes possession, the Customer responsible for maintaining consistent temperature between 60 and SO degrees Fahrenheit in home to help control (but not limited to) expansion, contraction, humidity levels, freezelthaw conditions, etc. In the event the Custonfer desires to.provide labor and materials not included in this agreement, he/she shall not proceed without the prior approval of the Contractor, and shall do so only in such a manner as to not delay the work progress and or payments to the Contractor. Customer further agrees to not interfere with, the material progress of the work. In the event owner does not promptly complete the work he/she is obligated to do hereunder, Contractor may complete it and owner shall pay Contractor cost plus 20% for overhead, supervision, work and materials. In the event the Customer interferes with the construction of this project, or fail~ to pay scheduled payments as requested; said Contractor may consider such failure, a breach' of this agreement. Therefore that breach will excuse Contractor from further perfonnances and Contractor shall receive all sums due hereunder, including profrtlloss. Areas that are dug up may settle after exposure to certain weather conditions or traffic patterns, those areas would encounter an extra to return and fill back to grade. Wewill not accept responsibility or associated costs for any problems arising from pre-existing property (but not limited to sinkholes, sub-surface water, 4 well, septic, unstable soif, buried debris, etc.), electrical, plumbing, structural, and/or mechanical system deficiencies. Any visible discrepancies that are evident relative to the work involved must be addressed in writing within thirty days after work is completed and approved. Our workers will strive to protect the Customer's property as much as possible, but with the nature of the job, we cannot be held responsible for any cracks or nail pops in the plaster, drywall, masonry, or dust that may occur during construction. Customer responsible for removing and replacing existing possessions from work area, walls, and ceiling, to protect from any damages. Customer gives contractor permission to use driveway, walkways, patios, lawn, and or parking areas for access to work. Contractor will not be held responsible for any cracks in curbs, walkways, patios, parking areas, and driveways or uneven areas due to delivery of materials or accessing the property with vehicles, unless speCifically noted in the contract. Customer gives contractor permission to trim or remove existing obstructions to job site including but not limited to: trees, bushes, fences etc. in order to access work area if necessary. Customer is responsible to carry sufficient homeowner's insurance coverage -necessary to cover existing home including the cost of the project. Customer's insurance coverage takes effect when any malerlal is installed, fastened, etc., in or on the project. McCorkel Construction Services, Inc. is fully insured with ' liability and workers' compensation insurance as required by law. Contractor does not guarantee the survival of lawns, plants or shrubs disturbed during or by construction. Customer responsible for watering of. lawns, plants or shrubs to insure surVival. Damages (such as but not limited to, washouts, straw blowing aWay or other acts of nalure) to lawns and or landscaping due to weather conditions are not the responsibility of the contractor. There will be an extra charge to repair these areas. We are not responsible for delays to complete work due to situations beyond McCorkel Construction Services, Inc. control. Such as, (but not limited to), weather conditions, necessary permits, variances, manufacturers' supplying of materials in a timely manner, delivery of erroneous or damaged materials, possible damages during shipment, and or installation, manufacturer's or delivery labor strikes, acts of nature, terrorism, theft, accidental injuries, illness, war, emergency situations or any delay caused by the act, neglect or default of the owner or as a result of access to the work, changes, or alterations in the plan and' specifications made by the owner. In the event that the Contractor is unable to obtain the exact materials specified on the plans and or specifications, or on the options attached hereto, through . 5 Contractor's ordinary and usual sources of supply, the Contractor along with reasonable approval from the Customer, shall have the right to substitute materials of similar pattern, design, cost, and quality. Contractor shall not be held responsible for any problems associated with the, water supply andlor quality such as, but not limited to, conta~ination, bacteria, water hardness, sulfur, well depth, casing, collapse of the well, muddy water, etc. If any water treatments are required (that are not listed in the contract), there will be an extra charge of time and material for treatment and installation of equipment. Customer will be responsible for marking areas of on-site wells to avoid any discrepancies of where the well is located. Contractor shall not be held responsible for any problems associated with septic or sewage disposal (unless contractor directly disturbs existing drainage lines during the course of construction) on property. Customer will be responsible for marking areas of on-site septic system and tank to avoid any discrepancies of where the system is located. Customer responsible for cleaning of lint filters in dryers to prevent build up of lint and condensation in dryer exhaust pipes. Customer shall give the contractors workers access to existing (when available) .onsile restroom facilities during working hours. Customer shall allow Contractor to use (when available) existing onsite electric and water for construction of project. It is understood and agreed that the Customer shall not be entitled to any material, which has not beer! incorporated into the construction, except where helshe has specifically paid for such material for hisfher own purpose. Allowances are given for items, which cannot be accurately determined for estimating purposes or for items, where the customer has a choice as to quality, quantity, or design. These costs are used to determine the total cost of the project. If less money is spent for an item than is allowed, the builder will reimburse the customer. If more money is spent, the customer is responsible for the difference. A 10% charge will also be added to any additional costs over the given product allowance due to the additional supervision. If scheduled payments as per contract are not forthcoming, Contractor shall terminate all work until all payments are paid to contract schedule. Contractor reserves the right to reschedule future payment schedule if current payment schedule obligation is not kept current. If permits require additional costs for variances or other unforeseen problems there will be additional costs involved for labor, material and additional professional costs. 6 Any account not paid in full within 30 days (unless prior agreed upon arrangements have been macle) upon completion of project will be charged an additional 1.5% interest per month on remaining balance (which Is an annual rate of 18%). In addition to all service charges, there shall also be paid the reasonable costs of collection, including attorneys' fees and court costs. Pavment schedule: Per attached specification - bid sheet. These estimates are in effect (price subject to change due to unforeseen Increases In material costs) for a period of 10 days from date of contract. Substantial completion: Substantially completed (but not limited to)construction of exterior, interior of rooms to be finished, floor coverings installed, interior painting completed except touch up and correction, fixtures installed and generally ready for occupancy. Such term (if applicable) does not include final completion of driveway, walkways, landscaping, grading or seeding, which may depend on the weather conditions, material availability, and subcontractors timing to complete said work. Landscaping and or seeding of lawn would depend on weather conditions, workability of soils, availability of materials, and access to work due to moisture . conditions. Work to be completed that is included in the substantial completion phase of the project shall be entitled to a fair market value of withholdings from the final draw portion. AcceDtance: The above prices, specifications and conditions are satisfactory and we hereby accept. You are authorized to perform the work as specified. Payment will be made as outlined abbvS'. This contract constitutes the sole and entire agreement between the parties hereto and no modifications of this contract shall be binding unless attached hereto and signed by all parties to the agreement. The parties do set their hands and seals on the / 1 ~ay of 9 ~ ;-,.,.. J--- 2005. ~ CO;--tru~nirviceS, Inc. -4 c?,.j) AJ.. (,...7 :t~~ . Notice of Ri~ht in Cancel ~{j!r;.", q. /t,.L"'_M~ ,d..:i/a Client ISoS"" /1-1. 1-.oJ,. U. Street Address /. Nf'_V p;! l' I I A. 11)..'1/ State & Zip Code . '!/tr/ c> C Date c~ I s-1(> _~C.o -Jo 7'1 , Phone # You may cancel this contract, without penalty or obligation, ( subject to the following) within three (3) business days from the above date. If you cancel, any deposit given by you under this contract will be returned within ten I} 0) business days following the receipt by McCorkel Construction Services, Inc. of this .:ancellation notice, less any costs incurred for out of pocket expenses due to (but not limited to) permits, plans, specialty materials ordered, etc. and any security interest arising out of this contract will be cancelled. To cancel this contract, mail or deliver a signed and dated copy of this notice to McCorkel Coustruction :%.~s, Inc"at 1405 Ziinmennan Road, Carlisle, PA. 17013 not later than midnight 1. ~- . I hereby cancel this contract: Date Date I, we, acknowledge receipt of this notice. (}J 'l. '],..de- I, kTID~"" Date I'll 0'1-10/'" Date ,~~.(!w. Study 15'-4"X1S'.S" 9' _4" Ceiling :'[ 'up Kitchen & Eating 25' -0" X 17' _8M 9' - 10" Ceding ;!~~;~'~;J::'~~::~~'{~i~~~7:.~" ,".-.'... Dinning Room 25' -0" X '6' -10" 9' - 10".Ceiling Living Room 1S'-4"X16'-6" 9' " 4- Ceiling Entry 31'.2"X9'-O" 9' . 4" Cefling 2 - 6" rises ~ Bullen 51. Floor Scale: 1/8"= 1'-0" , I " ". ~ Porch &'..crX3a.'s" . I, ~ Bedroo~ 15'-4"X1S'.6" 8'.1Q~ ceiling "'" Hall 20'.(l"X9'.O" 8'.1O"ce\bn~f Balh#1 Den 9'-8"):,9'.0" ~r -2 1 ;2" ceiliog BedroomJ1 25'.O"'X16'-10~ '. . Bedroom:3 15'-4"X1&'-6" e"10" ceiling Bath#2 10'..6"Xfl"-0" 8'-10"ceillng ......... ---.-- 412"sl,ej) Bedroom:2 ~S'.4"X.F.'S" 9'.2 ~ Z' cemng . o Porch 6'.O"X:!~.';" 9'.2 1:2" c~~~:no; Butler 2 nd, Floor Scale" 1 BOO. l' . "" .. McCorkel ~o"structlon services n c Change Order Page I of3 William & Maryann Butler 155 Mt. Rock Road Newville, P A. 17241 , Cel 540 - 460 - 3079 . .... '. .. 1406 Zlmm"rman Road ,t"l: 717-2....3-7522 Carlljjl", ~^ 17013, ' fal(' 717.2....3-3822 'Complotil~.v.tlon, building, and ,r"modelllng of '. ' ,,,,,ldontlal, commercial, and Induetrlal brulldlnge. 'w. do It rftht tho flret tl,me." Change Order # 01-05 Date 07/2012005 Existing Contract 07/1912005 Existing Contract Amount S 77,937.00 Delete: . 8 smoke detectors . chair rail finishing in dlr-kit-2 baths-den & blrs #1 & #2 Powder Room: · Remove existing chair rail 2 sides of 2 walls · Remove existing door unit & close opening Remove I existing commode 1,'.0 Remove I existing lavatory Remove existing floor covering & underlayment Remove existing wall fmish on 2 sides of2 walls -. Remove 2 existing partitions · Fill-in wall & ceiling voids ' Bedroom #Jl!7f ~ ~ W Z ~- · Remove I set existing sliding closet doors · Remove existing wall finish on 2 sides of 2 walls . Remove 2 existing plirtitions . Fill-in wall & ceiling voids Bedroom #4: · Remove 1 set existing sliding closet doors · Remove existing wall finish on 2 sides of2 walls · Remove 2 existing partitions . Fill-in wall & ceiling voids Bath #1: · Remove I existing cast iron bath tub · Remove I existing washer hook-up · Remove I existing commode · Remove 1 existing lavatory Remove I existing linen closet I." 'Remove existing floor covering & underlayment Remove existing sub floor Remove existing water & waste lines down to basement \ ,... .- Page 2 00 8atb #2: . Remove I existing cast iron bath tub Remove 1 existing commode . Remove I existing lavatory . Remove existing ceramic wall tile . Remove ,existing floor covering & underlaymeot . Remove existing sub floor . Remove existing water & waste lines down to basement Batb#l: . Supply & install I set copper water lines from basement . Supply & install I set PVC waste lines from basement . Supply & install';''' T &0 advantech sub floor' . Supply & install 1 white 72X34 fiberglass bath tub . Supply & install 1 white commode & seat . Supply & install 1 - 42"X21" white sq. raised panel dr. vaility . Supply & install I - 43"X22" recessed oval bowl cultured marble vanity top . Supply & install 1 cultured marble end 'splash . Supply & install 2 moen chrome faucets . Supply & install \1," cement bd. tub surround 72" above floor , Supply & install Yo" cement bd. on bath room floor . Supply & install ceramic tile tub surround 72" above floor & bath floor lath #2: '. Supply & install 1 set water lines from basement . Supply & install I set PVC waste lines from basement . Supply & install 0/." T &0 advantech sub floor . Supply & installl - 60"X36" shower pan . Supply & install I white commode & seat . Supply & install I - 48"X21" white sq. raised panel dr. vanity . Supply & installl - 49"X22" recessed oval bowl cultured marble vanity top . Supply & install 2 moen chrome faucets . Supply & install \1," cement bd. shower floor & 3 walls 72" above floor . Supply & install Yi" cement bel. on bath room floor . Supply & install ceramic tile shower walls 72" above floor & bath nIl & shower floor · Remove all job related debris from iob site . McCorkel Construetioll Servlees will seeure the lleeessarv permits & illsoeetlons Allowances: '. Ceramic tile $ 4.00 s.t: (Material) . Bath tub, shower pan, vanities, tops, commodes, seats, end splash & faucets $ 3,325.00 (Material) . Page 3 oD . Total cost for the above listed revisions $ 19.851.00 Note: These revisions become part of and in confonnance with existing contract We Agree hereby to make changes as specified above at this price S 19.851.00 Date: 07120/2005 New Contract Amount S 97.788.00 Terms: Change Order amount of S 19.851.00 to be paid in 4 payments i/ Payment #1 In the amount of $ 4.851.00 due with start up payment of $ 7.937.00 (Total S 12.788.00) ,.. Payment #2 In the amount of $ 5.000.00 due with rough wiring payment of S 14.500.00 /Total S 19.500.00) Payment #3 In the amount of $ 5.000.00 due with finished floor payment on 14.500.00 (Total S 19.500.00) "ayment #"4 In the amount of $ 5.000.00 due with painting payment of S 14.500.00 " fotal S 19.500.00\ ; , , " ~ ,,~~~ Mctorkel, onstruction Services, Inc.' " Accepted: The above prices & spllCifications of this change ,order are satisfactory and are hereby accepted. All work to be perfonned under same terms & conditions as specified in original contract unless otherwise stipulated. ~ ;11 -J~ z.",,~' Date I ",1 ~ ~ ~ Signature Date Signature . . 1405ziminllrman Road tol:717-24~-7522 McCorkel Carlhllll.,/'f, 17015 ' fa~; 717-245-3~22 services nc Complote olC~avlitlon. bulldln,. ,and i-IImodelllng of re.ldontlal. "ommer~lal. and Induatiia\ building.. .We ,do' It ,right the'tlret..ctlme." construction Change Order William & Maryann Butler 155 Mt. Rock Road Newville, PA. J 7241 Cel 540 - 460 - 3079 Change Order # 02 - 05 Date 0712712005 Existing Contract 07/1912005 Existing Contract Amount S 97,788.00 H.V.A.C. , . Supply & install 2 Payne 4 tOil 10 SEER Central Air Condiiion Systems with all ' ductwork complete (I unit in existing attic & J unit in existing basement) · Supply & install I Payne J Y:z ton split system Heat Pump System for attic guest room all duct work for J existing attic area with J 0 kw back-up heat coil . Remove I existing buried oil tank & fill-in hole · Supply & instaJI 80 If. hot water baseboard heat (connected to existing system) · Supply & install 2 - 275 gal. oil tanks in existing basement wi fill & vent lines · Supply & install! Yz" copper supply line connected to 2 existing circulators · Connected all J st. floor to J zone & 1iII 2 nd. floor to I zone · Total cost for the above listed revisions S 25.726.00 Note: These revisions become part of and in confonnance with existing contract We Agree hereby to make changes as specified above at this price, $ 25.726.00 Date: 0712712005 New Contract Amount $ 123.514.00 Terms: Change Order amount of' $ 25.726.00 t,obepaidin,.3p,ayments.L 'fftO;L ~ /.ec....-("',J, 01\ 7/:.i/., v{=. , Payment # I In the amount of re~~~ue upon signing this Chao2e Order " /7Z' ~/,(" Payment #2 In the amount of S . Due with rough-in is complete - (il. -if'll,Jt '1-/ ,,'1 -/ Payment #3 In the amount of $ 8.575.00 Due when system is complete & operating,:- , ~ 1.....1;~ McCorkel Construction Services, Inc. Accepted: The above prices & specifications of this change order are satisfactory and are hereby accepted. All work to be perfonned under same terms & conditions as specified in original contract unless otherwise stipulated. J 1'1-, V{ ')ate ~ ~~1 &) Si ature r , Signature .. .. , 1406 Zlmmllrman Roa" till: 717-24~-7622" McCorkel . ., Carlllllll. PA 1701~ ' fax: 717-243-3822 servees ne , , Complata excavat.l,on. pUl1liine. anlil I'/ImoAelline of,' rafllelantlal, commercial. an" Inlilufltrlal pullellnee. . .W. do ~i't.rl.ht. t.ll/l ~Iret. tlm.o" ," e 0 h "5 t rue ton Change Order Page I of 3 William & Maryann Butler 155 Mt. Rock Road Newville, P A. 17241 -:'1-:' iCI !J IJ Ce / 6'10- ~'o- 3 D7' Powder Room: . Do not remove existing chair rail . Do not remove existing door & close opening · Do not remove existing wall finish 2 sides of2 walls . Do not remove 2 existing partitions . No wall or ceiling voids to fill-in . Supply & install I white commode & seat (@ $ 200.00 material) · Supply & install 1 - 42"X21" white sq. raised panel dr. vanity (@450.00 material) · Supply & install I - 43"X22" recessed oval bowl cultured marble vanity top , (@ $300.00 material) · Supply & install 2 cultured marble top end splashes . Supply & install lI," cement bd. on floor · Supply & install ceramic floor tile' (@ $ 4.00 s.f. material) Finish Attic: · Remove 3 sets existing window sash · Remove I existing stair door unit · Remove existing partitions at top of stairs · Remove existing collar ties in stone attic area · Cut & frame 1 door opening thru existing stone wall · 2X4 & 2X6 framing (single bottom & double top plate) · 2X4 & 2X6 studding spaced 16" O.c. · 2X6collar ties spaced 16" O.c. e 2X6 rafters to allow for R. 38 ceiling insulation e IX3 stone wall furring spaced 16" O.c. · 34 regular 11 O/v ellictrical outlets · 2 smoke detectors · Light fixture allowance ($ 450.00 material) Wiring for the above electrical le. I - 29"X34" white vinyl casement wdw wI screen & Low-E glass, 2 - 34 y,"X 42 y," white vinyl casement wdws 'NI screen & Low-E glass Change Order # 03 - 05 Date 07/2 7/2005 Existing Contract 07119/2005 Existing Contract Amount S 123,514.00 4_ . . , . Page 2 of 3 . ! - 48" white fiberglass shower 1 white commode & seat . I' VSB48 white sq. raised panel dr. vanity . 1 - 49"X22" recessed oval bowl cultured marble vanity top . I cultured marble top end splash . 2 Moen chrome faucets . Plumbing for the above . Allowance- shower,conunode,seat,vanity,top & faucets ($ 1,775.00 material) . W' foam insulation between furring on stone walls . R - 19 wall insulation . R - 38 ceiling insulation . .044 mil on exterior walls . 16" drywall on finished side of walls &, ceiling . 5 plywood attic access doors . 7 - 6 panel masonite door units wI brass locksets . I wide door extension jamb . 3 wide window extension jambs . 3, 'I." fj. colonial window & door trim . 5 'I." fj. colonial baseboard . #2 W.P. IX12 closet shelves wI adj. metal rods . 1 pc oak wall mounted handrail . Flat latex wall & ceiling paint 2 coats Semi-gioss latex door & trim paint 2 coats . Stain wI 2 coats clear varnish on handrail . 'I." laUlin underlayment on bath room floor · Vinyl bathroom floor covering Allowance" $ 350.00 material . Carpet attic floor & 2 sets attic stairs Allowance '$ 2,640.00 material Remove all iob related debris from rob site McCorkel Construction Services will secure the necessarv oermits & insoeetions Total cost for the above listed revisions $ 51.762.00 Note: These revisions. become part of and ill conformance with existing contract We Agree hereby to make changes as specified abOve at this price, $ 51.762.00 Date: 07/27/05 New Contract Amount $ 175.276.00 Terms: Change Order amount of $ 51.762.00 to be paid in 7 payments i '---. . ' Page 3 of3 t. ~;""J "I\. 7/" 7/D (;'-..J/ c.f#, 0 ,. ~ 'ayment #1 In the amount of <S7~98.~ue upon signing this Chanl!:e Order Payment #2 In the amount of $ 7.394.00 Due with start up payment of $ 12.788.00 (Total $ 20.182.00) I .- 'ii/I~ c~ -:Ff /v~1 Payment #3 In the amount of $ 7.394.00 Due with rough wiring payment of $19.500.00 ~!.,rIt'5' (Total S 26.894.00) '0 11 /130 Payment #4 In the amount of $ 7.394.00 Due with finished floor payment of$19.500.00 ,,/Jp 'J/-:!':' ",-' (Total S 26.894.00) cR, '1"f Payment #5 In the amount of $ 7.394.00 Due with painting payment of S 19.500.00 (Total $ 26.894.00) ./ f.~ 0/7:):-' ..;.j(Jf Payment # 6 In the amount of $ 7.394.00 Due with dr. & trim payment of $ 14.500.00 fl'l/~~ (Total $ 21.894.00) ~ - 'ayment #7 In the amount of S 7.394.00 Due with completion payment of S 6.000.00 (Total $ 13.394.00) - :H/3- = /0;/8/,<>0 ~~~ ~ McCorkel onstruction Services, Inc. Accepted: The above prices & specifications of this change order are satisfactory and are hereby accepted. All work to be ,performed under same terms & conditions as specified in original contract unless otherwise stipulated. :J7, t-. oj' Date II; e-a IJ-L- Signature Date Signature " , ' , ' , , .... ". " l~l?e Z,!nirii..rm.ii' ~el:l " . ..' ,. "'" ,'.. , 1:101: 711.2~3;1522 ' . '.:; .... :: ,,:..:~<.~(o>:~,::.;::,~': '.' , ' fex; "i11-2.48~~~22 ~ .'. ~,~":',./ .:':.<...~~~,.~;':?:i':'';::'.~'. McCorkel services nc ~ """'" : .... '., " .: '. . .. .....~:.... "::'.:':..;:L.j .::~<....:.: '.. : Comp'I"j;"Il~i;~ve:t.ltin. b~II,jln....rid, r"I!!.~!i,~II!nii~f ' . ;.::..' .: . . .',.,...:.... ',: ...... . -.' ,,::. .":' .<~ .;:~': ........' .:. :;.:' r...illlln1;lel. com~~rorel: end InOtue,;,.,4i, J1'uii.iiin..; . "w~"..o ,'~rl ,:h~ '~,Ii 0 f(~;4i~:t~~> " ' construct On Change Order Page I of 2 William & Maryann Butler 155 Mt. Rock Road Newville, PA. 17241 Cel 540 - 460 - 3079 Change Order # 04-05 Date 08/25/2005 Existing Contract 07/19/2005 Existing Contract Amount $ 175,276.00 , . Do not remove closet in bedroom #2 . Supply & install studding & drywall in closet void in study . Supply & instali jamb & wide trim to enlarged opening to study . Relocate 1 pc. existing baseboard heat in entry . Remove 1 existing kitchen sink & faucet . Remove existing kitchen coimter tops . Remove existing kitchen base cabinets . Remove existing kitchen wall cabinets . Remove existing kitchen plastered bulkhead . Repair existing kitchen ceiling & wall voids . Supply & install paint grade dentil mold in entry . Supply & install 4 5/8" paint grade crown mold in entry . Supply & install 3 y." painl grade colonial baseboard at ceiling in all other rooms . Supply & install 3 5/8" paint grade crown mold at ceiling in all other rooms . Semi-gloss latex paint on all new dentil, crown & baseboard (2 coats) . Supply & install new #251 22 gal. water tank . Supply & install * copper water line from tank to water heater & from water heater to' connect to existing . Supply & install domestic hot water loop system . Change 400A electric service to 800A . Supply &, install 3 SQ.-D Q0140M200 panel boxes . Supply & install! - 60A - 2pole breaker for TVSS . Supply & install! Milb CT8Rst 28X48X12 cabinet . Supply & install 2 - lOft. copper clad ground rods . Supply & install 20 If#2 thhn wire . 160 outlets in contract, total I sl. & 2 nd. floor & basement 214 (54 added outlets) l Add'" "" fu' """"" ... & - ill. fm """ #l & #2 & ,.,.,., m ($1,6'0.00) . . . Page 2 of 2 . Total cost for the above listed revisions S 40.836.00 Note: These revisions become part of and in conformance with existing contract We Agree hereby to make changes as specified above at this price S 40.836.00 Date: 08/25/2005 New Contract Amount $ 216.112.00 Terms: Change Order amount of $ 40.836.00 to be paid in 4 payments , j.p.e:....-t t:/It. "6/~.r ~J:..:tI J {If ~ Payment #1 In the amount o~.upon signing this Chan2e Order ~ (.'r',.,f) Payment #2 In the amount of S 10.209.00 due when Service Wirin2 is Comolete ..II' . Payment #3 In the amount of S 10.209.00 due when Roul!h Plumbin2 is Comolete -17 Payment #4 In the amount of S 10.209.00 due when Ceramic Tile is Comolete.{} ~A i./ ~~ McCorkel Co struction Services, I c. Accepted: The above prices & specifications of this change oreler are satisfactory and are hereby accepted. All work to be performed under same terms & conditions as specified in original contract unless otherwise stipulated. Date -J.f?4tk 1 ture /J.J. ,. 0 (" .uJ ,,&,. 0 <' Date u.J'i.~~ Signature " "4 , . 1405 Zlmm"rma" Road tel: 717-243-7522 McCorkel Carlle'e. PA 17013 fa", 717-243-3&22 . services ne Comp,le1;eeXCaVa1;lon. l>ulldlne. and remodemne of reelden-ilal. commercial, and Indu,,1;rllll l>ulldlne". construction . Well 0, 11; r I e h 1; the' fir e 1; 1; I me.. , Change Order Page 1 of 3 William & Maryann Butler 155 Mt. Rock Road Newville, PA. 17241 Cel 540 - 460 - 3079 Change Order # 05-05 Date 09/29/2005 Existing Contract 07/19/2005 Existing Contract Amount'S 216,112.00 . Supply & install 4 - 3/8"X24"X30" glass shelves (polished on 4 sides) Add $ 495.00 . Sand & finish stair treads (stairs from dining room to bed room # 1) Add S 1.380.00 . Sand & finish stair treads & risers (stairs from hall to attic) Add S 1.888.00 . Supply & install lightning protection per codes UL96A & NFP A 780 6o.dd S 1~14.00' . Supply & install shoe molding Add $ 740.00 . Repair I window sill in bed room #2 Add $ 423.00 . Make existing window sash in 24 windows functional ADD $ 1.584.00 · Replace 56 pes. 8"XI2" single strength glass ADD S 1.745.00 · Supply & install ceramic chair rail in bath room #1 ADD S 300.00 · Supply & instal11-36X60X72, #1712 framless shower door enclosure ADD $ 1.256.00 '. Total plumbing fixture Allowance $ 6,050.00 Client's selection $ 15,137.00 ADD 9087.00 , ., Supply & install 1 exl dr., 2 ext. dr. units, 2 peep holes, 6 bright brass (Georgian) locksets & 2 bright brass (Sapphire) thumb latch locksets ADD $ 9.422.00 · Clean existing Window glass ADD $ 1.344.00 Total light fixture Allowance $ 2,950.00 Client's selection S 23,587.00 D $ 20 637.00 · Labor to install all light fixtures ADD $ 1.800.00 Add 1 coat paint (total 3 coats)to all trim in din rm Add hardware painting in powder room Add 1 coat paint (total 3 coats) to all trim in entry Add 2 coats paint (total 4 coats) to all trim in liv rm Add 1 coat paint (total 3 coats) to all trim in bed rm #1 Add I coat paint (total 3 coats) to all trim in bed rm #2 Add 1 coat paint (total 3 coats) to all walls & trim in hall ~ Add 2 coat paint (total 4 coats) to all 'trim in bed rm #3 't Add 1 coat psi!!t (total 3 coats) to all trim in bed rm #4 .', :.. ,... .. . , . Page 2 of 3 . Add I coat paint (total 3 coats) to all trim in bath #1 . Add I coat paint (total 3 coats) to all trim in bath #2 . Add 2 coats paint (total 4 coats) to window sash & jamb in bath #2 . Add I coat paint (total 3 coats) to all trim in den . Supply 2 - 4" steel posts wi steel box beam (for basement) . Remove all eKisting attic floor boards . Supply & install2X6 floor joists (to level attic floor) . Supply & install W' T &0 Advantech attic floor (glued & screwed) . Added costfor the above revisions ADD S 7.755.00 . Total added cost for the above listed revisions S 61.770.00 . Delete 5 attic access dr. units (labor & material) . Delete 7 int. attic drs. & locksets (labor & material) . Delete I wide attic dr. extension jamb (labor & material) . Delete all into attic dr. & window trim (labor & material) . Delete all attic baseboard & shoe molding (labor & material) . Delete all attic closet shelves & rods (labor & material) Delete"all attic stair handrail & wall brackets (labor & material) Delete all attic painting, staining & varnishing (labor & material) . Delete all attic underlayment & vinyl flooring (labor & material) . Delete all attic carpet flooring {labor & material) . Total credit for the above listed revisions ($ 13.945.00 ) , . Note: These revisions become part of and in conformance with existing contract We Agree hereby to make changes as specified above at this price $ 47.825.00 Date: 09/29/2005 New Contract Amount $ 263.937.00 Terms: Change Order amount of $ 47.825.00 to be paid in 4 payments Payment #1 [n the amount of $ 12.000.00 due upon signing this, Chanl!:e Order '. .' Payment #2 In the amount of $ 12.000.00 due when Paintinl!: is Complete Payment 4#3 In the amount of $ 12.000.00 due when Plumbinl!: fixtures are instalied ' . ..ymertt #4 In the amount of $ 11.825.00 due upon Substantial Completion , . Page 3 of 3 . .. McCorkel, Construction Services, Inc. Accepted: The above prices & specifications of this change order are satisfactory and are hereby accepted. All work to be performed under same terms & conditions as specified in original contract unless otherwise stipulated. Date Date , .... .; '.. Signature Signature ,'. ~,... .. ...... . l . , 1405 Zlmmerni.n ,Ro.d., t.;l: 717~24a-7i522 McCDrkel C.rUele. PA 1101il', f.x: 717-24il-3822 " . . . , . Co';'pl~t" eic~.v8tlon.tlulldlne. 8nd remo.ielllneof , reelde~tl.l. comm"rci.l. '.rid Indu"irl.1 tlUlldlriee:, ' .W,' do It rlsht the flret tlmd."" construction services nc Change Order Page 1 of 2 William & Maryann Butler 155 Mt. Rock Road Newville, PA. 17241 Cel 540 - 460 - 3079 Change Order # 06-05 Date 11/312005 Existing Contract 07/19/2005 Existing Contract Amount $ 263,937.00 · Exterior Doors - Delete Rear Foyer Door, Delete Kitchen Door, and Basement Door from Contract (hardware remains in contract) - Deduct - $2855.00 · Exterior Door - Add I new custom made door at the rear entrance in Dinning Room including hardware and I new Kitchen Door, (hardware already in contract),to Contract - Add $1,470.00 · Kohler Commodes - returned four commodes to supplier - Deduct - $3,633.51 · Attic Insulation - Add 6" 'ofblow - in fiberglass insulation in attic from interior knee- walls to exterior walls of home - Add $ 1319.00 · Shower Door - Reinstall main shower door in attic shower- N/C '. Shower Door - Install new shower door in main bath as per Brown's Glass & Granite proposal-Add - 2114.00 · Install extra piping in basement for washer, shower, lavatory, and sewage pump - LABOR ONLY - Add 950.00 · Radon Venting - Install piping in stone base in crawl space, tape and seal rubber Floor ( NOTE - Piping is complete but power vent and piping will need to be done with new Library Addition) - Add $1050.00 1 . , ,. . Time &. Material Items New Doorway in Study - (see Attachment "A") Cut out stone wall and install wood framing - Add $2636.90 Re- rough in plumbing in main bath from Vanity as per drawings to Pedestal type Sink - (see Attachment "B") - Add $279.39 Extra work in basement and Plumbing supplies':'" (see Attachment "C") - Add $2015.67 Extra plumbing supplies - (see Attachment "D") - Add $129.59 Kitchen Plumbing - (see Attachment "E") - Add 5311.85 Supply Stone to backfill cistern - (see Attachment "If') - Add $322.78 Install Bath Accessories including medicine cabinets - (see Attachment "F"~ ~ -::::.. . -Add $ 935.55 ~ Supply Concrete for basement ,floor patches for piping - (see Attachment "G") A)'.-r: ~sr i.'. ~ . - Add 5335.14 cPl."", (tfP)".er HdIGJ"~Itt.Uf.i... P/JJ) :J1'> , \ I ~ !Jt:'1'lA->.....~~,. <:, " ~:I;u.~ ~ _dIN., a [.""/ ./ ~ Supply 2 custom made 4 panel interior # 2 pine doors to John Gashi - Add $500.00 Note: These revisions become part of and in conformance with existing contract v We Agree hereby to make changes as specified above at this price $ 7881.36 Date: 11/3/2005 New Contract Amount $ 271.818.36 Terms: Change Order to be paid in full upon acceptance. Accepted: The above prices &. specifications of this change order are satisfactory and are hereby accepted. All work to be performed under same terms &. conditions as specified in original c tract unless otherwise stipulated. C .i/ ~ 0,5" Corlcel Construction Services, In . .- If. /0' ()~ Date ~~ri.l I ture Date , Signature 2 . , . Ex h}bif (j I . . .. , MECHANICAL SERVICES, INC~ ".0. Box I t<lO'~ Ol'lvt . .' Carli"., PA 17D13-0009 (711) 2...1535 FIX (71'1') Z......0e2 MIY 18, 200$ MI. MItt Ann 'uhf 1M Mount Rode Ro8d , /IlIIwtlIe, PA 17241 " " SU8J!CT: Pmt I: AIr CondIIlonfne COrrec:don$ Part II: HMtInO Corre<;\IOns oearMt. Bull"; WI.Ie plMMd to provId. thIa PtOpOlll \0 IUmIeh .. lllbor end 1MWI.1_..,yto 00ll\PlIIa lh4t follllwlncl. OUIllntd IleIOW. The pnce ~ IllCI JOb $Qlpe Ill.. per out ~Clft otlhl *ll*I at'lIIe _.. outIlnacl\llllllllt/ win ~/IlfQrm. Notl1f11g beyond wMt Is aped1I~11y ._II"QUId bullUllllld fndUelw In tIIla bid, . . .' , Joa seOlWt .fIa.t . A. ' ~' ..r.1InlI outa<oor unite 1llCI1.-u In tIItI_ Kle*IClft, \I1fW (1) 'IYlIm PllI'Oft COndIIltIf, unilllllf tile pmplr . ClIPIcllIIII. (F/rItlnd Seciol1d IIoor unlll will elICIIlle IIM.1t clOIldlllonln, ThIrd __ ulllll will be. 2 fIlA tllllll JlU~) B. ~ 1lClttinsl1ncl- imb and InGIIIn tile same gtIIWIll~ una (3) /lIyIUll'Purctn YlllallIe I_ IIr hendlct unJIio of the proper cepecftlee. (SlzecI1Il> rmdch IhI ~ 0UIlkxlr.nt.) . C.' Rtrnove IIld lllpIact ccIItlng reli!g1l8llt n_ Ind InaIIJI P/DP<< RIIIcIa \0 coropen... for tile' _lYI P". klngth wl\eIe eppIk.abll. '. " D. ~...~_ (:J) 1"'flI'lf*'<Mt~...... rcp/GCCwIlh ......~&~ ~ dWlgned . w PlQVlde.~ tit tlOw end cornrort. (SOme Qflhf 8ldIlIng regrttera t'Orlhlllret ftoOrwlll be 1WIlMd). E. ~ l!ItM (.) IIyant I'II*'P CIOl1'IIoI1hennoslllL : .' . ,. Ineludecll"~Cl>NIIl<IllCm$b'_u"1la. ' . ,'" ' G. Upon c:omp/aaon new ~.m. to be b&I8nced IIld teDd fer propel' operalIon: . . .. . RIllnlll for IIIe IbcMt '~lIlIIlIre .. ronou.t: ""!lIcler: 38.000 BTU COOUN~ ' 1s.oo SEER Seconcl Floor: !6,llOO B"T\J COOUNG 13.DO SISER . 'Illird Floor: 24,000 B1U COOUNe 13.00 SEER' , , . " Part llntllilel:l ftI'IC$ . .._00 , .' ~nt ItUaW $' 480.00" 0pIl0n: To. iMlIlllhe.bovt IMI~ hlQher et'IlClIency (14115.00 SEER) I!kyent Puron tq1.IIpment ~Id be: Option lnatahd PIIce S 28,674.00 IlryIInt Reba1ll $ 1,200.00* "" ...'..,. , ., .'; ~ . .,~ . 'N<*: Bryant reIma program lJegins 411106 anll endS 8130108 - ~.. , , Ion 'J Wd Lv:IO Hill 900l-9{-AVN " // . ~ .. PIvpouI TO: Ms. Bu1Itr M8y 1Uooe .....l af 2 Pl"epIIc:e OM (1) ....WIllt:Il_'-ll1lll. 8. F.... COI'tb'OI wIIInO 8111lohr In lIIe OOITIOI~. C. ReIOUlI or DIOlIICIl WIrIng tIlIt " ICl8lnet~.. piping. o. ,..... Gl~ t!o oanIraI_, ...11 ~ L copper plpllllllO NPII'IllIlht ftQOt IntO two' 00 1n"1II1111Cl1nt 1OIleI. E.. ,.,... QlroulaIor. 110 canll'oJ .... and type L CClIIP8I" plplnllto upara\t _cl ftoor WIll enalledroom Into .a ...,.rate Ill".. . F. I_I"" ..~w1M8 4M aonltoI cfeIIf_" a_".,11M h--.. a. Inc:fuded.. piping adIplIone for tllflilne hot.... bo..... H. Upon QOIIlpIeIIon, ~ to be pUflllld and lnIIId forpropet operation. Pertlllnabllled Prlce. '.110.00 1'lIlt,1Ion P<1c81a YlIIlcI for ~ _ from Jl!lIIl ~... ... All ~ equipment QIIlIM:, B yew Ullllllcll'llllnuflctur.-I perta warmly. The B/y8I'Il COI11lll1iflor CIIIIea . 10)'Hl' Iinltl!Clll'llllufact~ werranlY. NomIIIlll8Ildlllo..,..1$ ~ ~YlM.ulhoIIztcI dell... In 0ftlet1O hono.-theW8rmt!y. If 118be1lDt. lted. or any envlronmll!\ldY ~out malIItllle l'ouncl, the P/lljea will be ttDPPed In.h~ IIIIllIlhe mlllerilllllallled en<IIot rwnovIId. Tuekay MeahanIclII s.M_ Inc. a_. no \W~, ...., IIy or l'1nIncWIy.1ot till f8IlIng 01' Il!lIlO\IlII alllnY IWCh hlDrd<lu& .....11I1. In INIll111l/ll....t -'cl - _. Iud. at_ IICIrd_ mettrlellt not reri1lMCI within 30 4aVS. TUCkey illltIl hIYe no Mther obIJ8dcn to pedorm ~ O\llltt *fol1h In the All-men! end the ~ Ihall PlY TI/GkIy for III seI\IIoeI petro. ,.ltd pI'for III tucn dl_ry. PIMM IIICe note ro the I on ACCEPTED BY: Cull\om"'s Name: ' ~re: . Signature: 08tIa: TUctGY~~RVlCfS, INC. lly: ..-1 JellY , fl1e;1WTM8, .HIo. .doc - T~ M~h.nI",' SeMeu, I-. is ." s.,UffI Opporlu1Jlty EmpIO~. zoo 'c1 Wd Lt:10 gnl 900Z-9[-lVW . " ... VERIFICATION I, William E. Butler, verify that the averments of the foregoing document are true and correct to my personal 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: August 3, 2006 By: W 'Z...\.S~ William E. Butler .. " I VERIFICATION I, Maryann E. Gashi-Butler, verify that the averments of the foregoing document are true and correct to my personal 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: August 3, 2006 By: )) V() /IJ Maryk E. Gashi-Butler ., ",' ~ CERTIFICATE OF SERVICE AND NOW, this 8th day of August, 2006, I hereby verify that I have caused a true and correct copy of the foregoing Complaint to be placed in the U.S. Mail, first-class, postage prepaid and addressed as follows: Brian Caffrey, Esquire Saidis, Flower & Lindsay, P.C. 26 West High Street Carlisle, P A 17013 J~~ 1( ~ ....... ~ -..L:::.. (.) ~ 1 0 ~ ~ f :e J:- 8 s:: -Urn ITlr ~i'i "'- )> "-", ,...~ [ , '~C::_(' :E"~c! ..:;;; ~ .... g: .~ f' ~ ..~~,\", Ci") - :B - 0 =-i -r' -n cr: ;;i;! =;&: 2i'ri c...> 0 " ~ N -< .::- ~ .... ... . SAIDIS, FlOWER &. UNDSAY lU.u.rom........1AW 26 West High Street Carlisle,PA II WILLIAM E. BUTLER and ~YANNE.GASHI-BUTLER, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA : CNIL ACTION v. : NO. 06-4651 McCORKEL CONSTRUCTION SERVICES, INC., Defendant : JURY TRIAL DEMANDED ACCEPTANCE OF SERVICE I accept service ofthe Complaint on behalf of Defendants and certify that I am authorized to do so. Saidis, Flower & Lindsay ;r- to- :;LDO~ Date: y: B' C. Caffrey, Esquir ttorney ill #42667 26 West High Street Carlisle, P A 17013 Phone: 717.243.6222 Fax: 717.243.6510 Attorneys for Defendants . SAIDIS, FLOWER & UNDSAY AlIUOlI'IIl..........AW 26 West High Street Carlisle,PA II , 'I " CERTIFICATE OF SERVICE I hereby certify that on August 10, 2006 I served a copy of the foregoing Acceptance of Service upon John Pietrzak, Esquire, attorney for Plaintiffs, by having it mailed to him by first-class U.S. mail, addressed to his office at 2331Market Street, Camp Hill, PA 17011. . ~- ", g ? -ut-t\ t9[\ ~~ Zf".. ~::': i;;':C; j:; ('" .;-~,_.< :Doc z ~ . ~ ~ '" '" -0 ::::i: N .' r.,:> c;;t) ~ ~,::!l f1r:: :B$ Ot..> :t~i ()--- z'M '3 ~ SAIDlS, FlOWER. &. LINDSAY A1...--.'"""".1.A.W 26 West High Street Carlisle,PA II WILLIAM E. BUTLER and MARYANN E. GASHI-BUTLER, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA , : CNIL ACTION : NO. Dip- 4&51 v. McCORKEL CONSTRUCTION SERVICES, INC., Defendant : JURY TRIAL DEMANDED ANSWER 1. Admitted. 2. Admitted, except that Defendant's zip code is 17015-9248. 3. Admitted. 4. Admitted. 5. Defendant denies that its work related to the electrical work and wiring was deficient or defective. Defendant denies that it improperly installed a transient voltage surge suppressor and improperly installed a circuit breaker load center. The parties' agreements do not call for any Ethernet wiring; consequently, Defendant cannot be said to have "failed" to install any such wiring. 6. Defendant denies that its work is defective and/or deficient in that several plumbing fixtures are cracked, leak or are inoperable and a telephone line installed in the bedroom does not work. SAIDIS, FLOWER &. LINDSAY JI.I.~.........IAW 26 West High Street Carlisle, PA II 7. Defendant denies that its work and the materials it supplied relating to the HV AC system are deficient and/or defective in that the HV AC system does not heat or cool properly, is not properly balanced and/or is inoperable or improperly sized. 8. Defendant admits that Plaintiffs have notified Defendant that they consider Defendant's work to be deficient and/or defective in a number of respects. Defendant denies that its work is deficient or defective or in need of repair or correction. Defendant denies that Plaintiffs "have given Defendant the opportunity to correct its work." Given the falling out and impasse between the parties over the work, there has effectively been no "opportunity" to do any additional work at Plaintiffs' house. 9. Defendant denies that it has acknowledged that its work is deficient and/or defective and stated that it would either correct the work or give Plaintiffs a credit for any work against the contract price. lO. Defendant denies that it has "failed to correct its deficient and/or defective work" because Defendant's work is not deficient or defective as alleged in Plaintiffs' complaint. Defendant admits that it has not given Plaintiffs any credit against the contract price relating to the work described in the complaint. 11. Defendant denies that it has obtained any estimate from any other contractor to correct or repair any deficiencies in its work, which deficiencies are denied. Defendant admits only that what purports to be an estimate is attached to the complaint as Exhibit "B." Defendant denies that any of the materials or labor contained in the estimate is necessary or appropriate to "correct or repair" any deficiencies in Defendant's work, all of which alleged deficiencies are denied. Defendant also denies that the estimates "amount" to $37,684.00. 2 SAlOIS, FlOWER & UNDSAY .... ...__.:wu.(AW 26 West High Street Carlisle,PA II 12. Defendant denies that it will incur additional costs to correct any problems or deficiencies, any and all of which are denied, relating to Defendant's electrical work, wiring, plumbing fixtures, inoperable telephone line, or any other minor deficiencies. 13. Defendant denies that all conditions precedent to the bringing of Plaintiff's claim have been satisfied. COUNT ONE BREACH OF CONTRACT 14. Each paragraph set forth above is incorporated herein. 15. Defendant admits that it was required to perform its work in a workmanlike manner; however, Defendant denies that it had a contractual obligation to "provide materials adequate to achieve their intended purposes." On the contrary, all of Defendant's obligations concerning the materials to be provided are specifically detailed in the parties' agreement and the change orders. Plaintiffs are limited to the manufacturers' warranties, as stated in the terms and conditions of the parties' agreement. In any event, the materials that Defendant provided are more than adequate to meet or exceed their intended purposes. 16. Defendant denies that it breached its contract with the Plaintiffs by not completing the work related to the electrical work, wiring, and installation of plumbing fixtures and HV AC system in a workmanlike manner. Ethernet wiring was not specified in the parties' agreement; therefore, Defendant could not have "failed" to install it. Defendant further denies that it provided materials for the HV AC system that were not properly sized to adequately heat or cool the house. The materials for the HV AC system were suitable. 3 SAlOIS, FLOWER &. UNDSAY AI........,................ 26 West High Street Carlisle. PA II 17. Defendant denies that as a result of its breach of contract, which breach is denied, Plaintiffs will suffer damages to correct, repair or replace plumbing fixtures, a telephone line, electric work, wiring, or an HV AC system, in an amount in excess of $35,000.00. WHEREFORE, Defendant demands judgment in its favor and against Plaintiffs, plus costs of suit. COUNT II VIOLATION OF UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW 18. Each paragraph set forth above is incorporated herein. 19. Admitted. 20. Defendant denies that its work was of a nature or quality inferior to or below the standard to which Defendant agreed and was obligated to provide pursuant to the agreement between the parties. 21. Defendant denies that it failed to perfonn its work in a workmanlike manner, and further denies that it in any way violated any provision of the Pennsylvania Unfair Trade Practices and Consumer Protection Law. 22. Defendant denies that Plaintiffs have suffered damages in excess of $35,000.00. Paragraph 21 above is incorporated herein. 23. Paragraph 23 sets forth a legal conclusion to which no answer is required. Defendant denies that Plaintiffs are entitled to treble damages under the Unfair Trade Practices and Consumer Protection Law. 4 SAIDIS. FLOWER &. UNDSAY A..l" ...".tIoJIT,[A1V 26 West High Street CarJisle, PA 11 II :1 WHEREFORE, Defendant demands judgment in its favor and against Plaintiffs, plus costs of suit. Respectfully submitted, Saidis, Flower & Lindsay Date: II ~ 2 J- ~ U:>O b B: Bn . Caffrey, Esquire Attorney ill #42667 26 West High Street Carlisle, Pennsylvania 17013 Phone: 717.243.6222 Fax: 717.243.6510 Attorney for Defendant 5 . VERIFICATION I hereby verify that the facts set forth in foregoing pleading are true and correct to the best of my knowledge, information and belief, and that as President of Plaintiff, I am authorized to make this verification on its behalf. I understand that false statements herein are subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. ~mtrl~ osep McCorkel, President II CERTIFICATE OF SERVICE I hereby certify that on August~, 2006 I served a copy of the foregoing Answer on John H. Pietrzak, Esquire, attorney for Plaintiffs, by mailing same by first- class U.S. mail, addressed to him at Reager & Adler, P.C., 2331 Market Street, Camp Hill, PA 17011. . (t. SAIDIS, FLOWER & LINDSAY .......__."""",.lAW 26 West High Street Carlisle,PA 7 () ,;:, "',',- -oi~', \;""" -:- ,..., c.:,) <..:-') ",- (/' ~, L. ~;.:::, "~... . --, -".- c_~ en N CP ~-, ./ -'Cl - -''<'' ~ '1..,., n1~ "'"1:'){-:0 ~,o'\C') c~(:, '-"".,! ";'f, ?~-q ~,1('") <'5tn -. J';.'>' ~ r-:-:" (Il ...C' - - ~-~ REAGER & ADLER, P.C. BY: THEODORE A. ADLER, ESQUIRE Attorney J.D. No. 16267 Email: Tadler@ReagerAdlerPC.com BY: JOHN H. PIETRZAK, ESQUIRE Attorney J.D. No. 79538 Email: Jpietrzak@ReagerAdlerPC.com 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Attorneys for Plaintiffs William E. Butler and Maryann Gashi-Butler WILLIAM E. BUTLER and MARYANN GASHI-BUTLER, Plaintiffs I : COURT OF COMMON PLIEAS OF : CUMBERLAND COUNnt, PENNSYLVANIA v. : CIVIL ACTION McCORKEL CONSTRUCTION SERVICES, INC., : No. 06-4651 Defendants DEMAND FOR JURY TRIAL i I I Pursuant to Pa.R.C.P. 1007.1, the Plaintiffs, William E.'I Butler and Maryann I : Gashi-Butler, hereby demand a jury trial in the above-captioned matter. JO~1e~ ( ---. CERTIFICATE OF SERVICE AND NOW, this 6th day of September, 2006, I hereby verify that I rve caused a true and correct copy of the foregoing Entry of Appearance to be placed in the U.S. Mail, first-class, I postage prepaid and addressed as follows: Brian Caffrey, Esquire Saidis, Flower & Lindsay, P.C. 26 West High Street Carlisle, PA 17013 I ~ ~' %/~'.'. . H. PIETRZAK1 ESQUIRE I .. ~ ~ (/) r"-"'\ -0 \ co c:: ? -, -~, ~ ..-\ -C. -Ii fi' -r.: -o~, -'-""! ,~"...' <~} (;~~'. -~;:~~~\ :...) _~A :P~ :;: - - ~3. N -1 20o~--oy6s1 vs Case No. ~. ~ C~ 2~c.E~- c6,~s r~~ ~ r, ~~ s~,,cv ~ ~>~~ Statement of Intention to Proceed '=~ ^~ ~ e=a °~ t To the (.~ourt: 9- ~ !,~ . C . ~f~F~~~61/12 Q~Hly~~tn/ Print N me Date: ZO~ZU(>~C~ ~ m ~ ~ •,r1 ~~"- L%~~ N ~7~ intends to proceed with the above captio~rtatt~? ~ ~ Sign Name ~ ~, ~ --+ -r- Attorney for W 11_L 11~'/1'1 ~ . $ V ~ L YC sz~'- Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive I cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit I. Rule o civil Procedure New ule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope o the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governe by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored o the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rul s. This le was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d 1104 (1 98) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule f Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The general olicy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. II Inact ve Cases The urpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. fter giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties. If the p ies do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of course t rminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she will file la notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under R 1e230(d) for relief from the order of termination. An example of such an occurrence might be the termination of a via le action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the noti a of intention to proceed. The t ming of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the ent of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstat the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff must m ke a showing to the court that the petition was promptly filed and that there is a reasonable explanation or legitim a excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termina ion on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2). B. Whe e the action has not been terminated An a tion which has not been terminated but which continues upon the filing of a notice of intention to proceed may have be n the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a commo law non pros which exits independently of termination under Rule 230.2. K&L GATES LLP ,; C. Grainger Bowman - Pa. Supreme Ct. No. 15706 "''~ ' "" ~ ~ j : ~ ~~` K&L GATF_,S LLP F. ~ ~~ - ~ ~ . 17 N orth Second Street, 18`" Floor .' ' v ~ ~ ~;; ` ~~ ~~' ~ ~`. ' -,~. Harnsburg, PA 17101 T: (717) 231-4500 F: (717) 231-4501 ~rain~er.bowman~a klgates.com Attorneys for William E. Butler and Maryann Gashi-Butler WILLIAM E. BUTLER and MARYANN F,. GASHI-BUTLER, IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PA Plaintiffs, v. McCORKEL CONSTRUCTION SERVICES, INC. Defendant. CIVIL ACTION NO. 2006-04651. JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO: Prothonotary of Cumberland County: Please enter the appearance of C. Grainger Bowman., Esquire on behalf of Plaintiffs William I?. Butler and Maryann Gashi-Butler in the above-referenced matter. Respectfully submitted, / ~ j s~ !!~` _.~( C. Grainger Bo n Pa. Supreme Ct. o. 15706 K&L GATES LLI' 17 North Second Street, 18`x' Floor Harrisburg, PA 17101 (717) 231-4500 Counsel for Plaintiffs Date: October 25, 2012 HA-273291 v1 CERTIFICATE OF SERVICE I hereby certify that on October 25, 2012, I served a true and correct copy of the foregoing Entry of Appearance via 1Jnited States first class mail, postage prepaid, addressed as follows: James D. Flower, Jr., Esquire 10 West High Street Carlisle, PA 17013 Brian Caffrey, Esquire 26 West High Street Carlisle, PA 17013 Maryann Gashi-Butler and William E. Butler 155 Mt. Rock Road Newville, PA 17241 ~~ ---~~~ O C~" .,,~ C. Grainger Bo n HA-273291 v1 . g, T: (71.7) 231-4500 F: (717) :?31-4501 rainger.bowman c(e,kl~ates.com Attorneys for William E. Butler and Maryann Gashi-Butler K&L GATES LLP - ; , _ . , C. Grainger Bowman. ~ ~~ " ,, ~ i , Pa. Supreme Ct. No. 15706 ~~ ~~ K&L GATES LLP - 17 North Second Street, 18`h Floor ~ ' ~ `-~` - i.1 ;{ Harrisbur PA 17101 ' WILLIAM E. BUTLER and MARYANN E. GASHI-BUTLER, Plaintiffs, v. IN TH:E COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PA. CIVIL, ACTION N0.2~006-04651 McCORKEL CONSTRUCTION JURY TRIAL DEMANDED SERVICES, INC. Defendant. PRAECIPE TO WITHDRAW AND DISCONTINUE TO THE PROTHONOTARY: Please mark this case settled, discontinued and ended. Respectfully submitted. ~~ .~ -.-- C. Grainger Bo n Pa. Supreme Ct. o. 1 ~ 70F K&L GATES LLP 17 North Second Street. 18`" Floor Harrisburg, PA 17101 (717) 231-4500 Counsel f nr Plaintiffs Date: October 25, 2012 HA-275346 v 1 CERTIFICATE OF SERVICE I hereby certify that on October 25, 2012, I served a true and correct copy o ~ the foregoing Praecipe to Withdraw and Discontinue via United States first class mail, postage prepaid, addressed as follows: James D. Flower, Jr., Esquire 10 West High Street Carlisle, PA 17013 Brian Caffrey, Esquire 26 West High Street Carlisle, PA 17013 Maryann Gashi-Butler and William E. Butler 155 1VIt. Rock Road Newville, PA 17241 _., ~ C. Grainger Bow HA-275346 v1