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Home My WebLink About00-02361 " ---, ,~,-,. --,,*,, ---',-- '~'"~.-,',, -""""~~,'",, ",',,;O"'~ "'" .-c_,>~N_,~~_, -'--,--,1 . i . ; MICHAEL L. LAUGHMAN and : IN THE COURT OF COMMON PLEAS OF WENONA LAUGHMAN, PLAINTIFFS : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW REDEVELOPMENT AUTHORITY OF NO. 00-2361 CIVIL TERM CUMBERLANDCOUNT~ DANIEL HAAS, t/dfb/a HAAS CONSTRUCTION SERVICE and HARVEY B. LANDIS, DEFENDANTS NOTICE TO DEFEND 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, order 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 money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 1-800-990-9108 __, __'rr ^_" " " _-.'".'_'" ~" ,,", ~, _,_ ";_, -- ,,--,_."~ .,--' ",- -~- ~~ ,,~j~ , '" ",,-', . ," Americans with Disabilities Act of 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court, You must attend the scheduled conference or hearing. 2 , , -," -" "", '. "/,^-'", ;-",,,- ' '/","""- ;r,,",~"'"',,",~ $.' ~,', ~, ",..,,:_ '_;_'"._-'"_',<-.c',l'."';">""';;h',~",'_,o '_','" " '- l, i I .- MICHAEL L. LAUGHMAN and : IN THE COURT OF COMMON PLEAS OF WENONA LAUGHMAN, PLAINTIFFS : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW REDEVELOPMENT AUTHORITY OF NO. 00-2361 CIVIL TERM CUMBERLAND COUNTY, DANIEL HAAS, t/dIb/a HAAS CONSTRUCTION SERVICES and HARVEY B. LANDIS, DEFENDANTS COMPLAINT AND NOW, this 25th day of May 2000, comes the plaintiffs, Michael L Laughman and Wenona Laughman, and make the following Complaint against the defendants, the Redevelopment Authority of Cumberland County, Daniel Haas, t/d/b/a Haas Construction Services, and Harvey B. Landis, as follows: 1. The plaintiffs are Michael Laughman and Wenona Laughman, adult individuals who reside at 110 North Enola Drive, Enola, Pennsylvania 17025. 2. The defendant is the Redevelopment Authority of Cumberland County, 114 North Hanover Street, Carlisle, Pennsylvania 17013. 3 c I[ .,. .. -,-~ ' '--- ~- ,--,,--'--" '.,-,,~'- -,- ~~, _ >0 ',- '-" '~--;"" ,,"'~; . ';--',.';; ,'" ,'oc,," , _ ',_.:~,,;,ib'-,{, \~~, ,'"' , ~ .. 3. The defendant is Mr. Daniel Haas, trading and doing business as Haas Construction Services, 717 Lewisberry Road, New Cumberland, Pennsylvania 17070 4. The defendant is Mr. Harvey B. Landis, an adult individual residing at 10 Mill Road, Shennans Dale, Pennsylvania 17090, COUNT I MICHAEL L. LAUGHMAN AND WENONA LAUGHMAN V. THE REDEVELOPEMENT AUTHORITY OF CUMBERLAND COUNTY 5, The plaintiffs entered into an agreement with the Redevelopment Authority of Cumberland County on or about November of 1995 for the rehabilitation of the property located at 110 West Enola Drive in East Pennsboro Township, Cumberland County, Pennsylvania, A copy of the written agreements is attached hereto and made a part of this Complaint and is marked as Exhibit "A." 6. Through a biding process, the Redevelopment Authority of Cumberland County secured the services of Haas Construction Services owned by the defendant, Daniel Haas, 7, The Redevelopment Authority of Cumberland County was required to supervise the work on the project which proceeded into 1996, 4 -, -k-~-O~U' , ,--";1' '" d._.c.;;,,,__, ,_-".-",; , ". --, ,";> -,,,- ':~_-<i.::c-" -- ;_,=>' ,,,,"O,:,0;..",~_--:", :_'<> "'.;> .';' "'>-1 '~--.- ,," .;;_,~;,_;_,; i'- _, ""-w, " " . .. 8, The work performed by Haas Construction Services was inadequate, not performed in a workmanlike manner, and not consistent with the construction specifications, 9, The plaintiffs discovered that although a building permit had been acquired from East Pennsboro Township, the required inspections had never been arranged by the defendant, Redevelopment Authority of Cumberland County, with East Pennsboro Township, A copy of a letter dated February 11, 1999, is attached hereto and marked as Exhibit "R" 10. After complaints by the plaintiffs to the defendant, Redevelopment Authority of Cumberland County, a second contractor, Harvey R Landis, was hired to repair the work not properly performed by defendant, Daniel Haas. 11. The attempts to repair the work of the first contractor by Harvey R Landis, were inadequate and were completed in a poor workmanlike manner, 12. A copy of the poor conditions of the paint applied by the contractors is described in a letter dated May 14, 1999, by Jeff Fishel, a copy of which is attached hereto and marked as Exhibit "C" and is made a part of this count. 5 -1- c,,_,__,,^,____ _;._ .',,,"".-'ic.,~_-,.,-':--;"'''' .- - ,;/ "~; ,--",;------ : -,:~:~i.-f~~> -.' , -->,-,''''-," , I 4f , . 13. The defendant, Redevelopment Authority of Cumberland County, has breached its Agreement with the plaintiffs: a. To adequately supervise, inspect, and direct the work of the contractors, Daniel Haas, t/dlbla Haas Construction Services, and Harvey B. Landis; b, The defendant, Redevelopment Authority of Cumberland County, also failed to make certain that inspections were performed by East Pennsboro Township; and c. The defendant failed to provide qualified contractors who could provide adequate construction for the work at the home of plaintiffs in a workmanlike , manner, 14. Defendant, Harvey B. Landis, has refused to correct his work and asserts that he worked on behalf of the defendant, Redevelopment Authority of Cumberland County. A copy of a letter from his attorney is attached hereto and marked as Exhibit "D." 15. The defendant, Redevelopment Authority of Cumberland County secured the services of Daniel Haas and Harvey B. Landis who served as agents of the Redevelopment Authority of Cumberland County. 16, A copy of the repair estimates is attached hereto and marked as Exhibit "E" and is made a part hereof. 6 < ~ ,,"' L..> 'C".,,- ,"",- ". ,] "\>- ;-,. --,-_.-".",,:, '_ - ;;.>v,-~';-:" , ," ^~O,~ . . 17, The plaintiffs seek damages from the defendant, Redevelopment Authority of Cumberland County, in the amount of Nine Thousand Seven Hundred and no/IOO ($9,737,00) Dollars, 18, The plaintiffs seek damages from the defendant of Nine Thousand Seven Hundred Thirty Seven and no/IOO ($9,737.00) Dollars plus costs and interest as permitted by law. WHEREFORE, the plaintiffs seek damages from the defendant of Nine Thousand Seven Hundred Thirty Seven and no/IOO ($9,737,00) Dollars plus costs and interest as permitted by law. COUNT II MICHAEL L. LAUGHMAN AND WENONA LAUGHMAN V. DANIEL HAAS. t/d/b/a HAAS CONSTRUCTION SERVICES 19, The averments offacts contained in paragraphs one (I) through eighteen (18) are hereby incorporated by reference and made a part hereof in this count 20. The defendant, Daniel Haas, trading and doing business as Haas Construction Services, breached its agreements with the Redevelopment Authority of Cumberland County and with the plaintiffs as follows: a, Failed to provide the specified labor and materials in a workmanlike manner; b. Failed to adequately complete the work specified in the bid; 7 '~' ~--,'"'_<-e~~" ,,__~' "',, -- j '~ ,~ '<''',-'~-' ~ -.-"',;,,_",,' ,_~,:, ,dC,,~"_ -4' ~',~ -- -c.;'-' :,;.,/",< _n__,""". . . c, Failed to repair the defective work at the property of the plaintiffs; and d. Failed to have the work properly inspected by East Pennsboro Township, 21. The plaintiffs seek the cost of repairs of the defective work in the amount of Nine Thousand Seven Hundred Thirty Seven and no/lOO ($9,737.00) Dollars. WHEREFORE, the plaintiffs seek damages from the defendant, Daniel Haas, of Nine Thousand Seven Hundred Thirty Seven and no/l 00 ($9,737,00) Dollars plus costs and interest as permitted by law, COUNT III MICHAEL L. LAUGHMAN AND WENONA LAUGHMAN V. HARVEY B. LANDIS 22. The avennents off acts contained in paragraphs one (1) through twenty-one (21) are hereby incorporated by reference and made a part hereof in this count. 23. The defendant, Harvey B. Landis, was contracted by the Redevelopment Authority of Cumberland County to repair the work done improperly by defendant, Daniel Haas, tid/b/a Haas Construction. 8 '>^, _ '0 '._ _ ~ ,<I ,,--",.~,-' '~'~W_.~^-,----, - , <,'~__~ ,'___,'-",~ ',___" ____ '" ~-; -- - '",5:, , , 24. The defendant, Harvey B. Landis, breached its duty to the plaintiffs by failing to properly repair the defective work of defendant Daniel Haas, The defendant, Harvey B. Landis, failed to perform his work in good workmanlike manner, 25. The plaintiffs seek the costs of repairs of the defective work of defendant, Harvey B. Landis, in the amount of Nine Thousand Seven Hundred Thirty Seven and no/IOO ($9,737,00) Dollars. WHEREFORE, the plaintiffs seek the costs of repairs of the defective work of defendant, Harvey B. Landis, in the amount of Nine Thousand Seven Hundred Thirty Seven and no/I 00 ($9,737,00) Dollars, Respectfully submitted, IRWIN, MC By: Date: May 25, 2000 9 ~ " , REDEVELOPMENT AUTHORITY OF CUMBERLAND COUNTY 114 N, HANOVER sr. - STE. 104 CARLISLE. PA 17013-2445 Telephone/TOO (717) 249-1315 697-7703 532-8805 FAX 249-4071 . HOUSING DEVELOPMENT . HOUSING REHABILITATION . HOUSING MANAGEMENT . HOMEOWNERSHIP PROGRAMS . DOWNTOWN REVITALIZATION Decembe'r 8, 1995 Dear Mr. & Mrs. Laughman Enclosed are the contracts for your rehab project. Please read them, and sign where indicated. If you have any questions, call either me or Bob Leonard, There are three {31 places to siqn. Please be sure to return ALL THE PAGES to me as soon as possible in the enclosed post paid envelope. At a later date, you will be mailed copies of all the paperwork you signed. After the work is completed at your home, you will receive a call from an appraiser to set up an appointment to do an appraisal on your property, This is to comply with HOME housing rehabilitation guidelines. This is an APPRAISAL not an ASSESSMENT. IT WILL NOT AFFECT YOUR PROPERTY TAXES. Thank You! Suzanne Myers Community Development Representative CUMBERLAND COUNTY REDEVELOPMENT AUTHORITY enclosures y~ '- ~ '" ~ 'H"~ , ~ , .- < ltE.EVELePMENT AUTHelUTY eF CUMaE~ C.UNTY 114 N, HANOVER ST. NOR'IH HANOVER OFFICE CENIER CARIJSLE, PA 17013 (717) 249-1315 (717) 697-7703 FAX (717) 249-4071 roo (717) 249-1315 . HOUSING DEVELOPMENT . HOUSING REHABIUfAnON . HOUSING MANAGEMENT . ECONOMIC DEVELOPMENT . HOMEOWNERSHlP PROGRAMS . DOWNTOWN REVITALIZATION li& /;/ /~'!5 A I Dear Homeowner. Enclosed are photo copies of the various agreements you signed pursuant to housing rehabilitation. Please retain them for your future reference. Sincerely, ~ Suza ne Myers Community Development Representative CUMBERLAND COUNTY REDEVELOPMENT AUTHORITY Enclosures " ."~, . -"-"'-"\ . ,- . , REDEVELOPMENT AUTHORITY OF CUMBERLAND COUNTY 114 N, HANOVER $T, . STE, 104 CARUSLE. PA 17013-2445 Telephone/TDD (717) 249.1315 697-7703 532-8805 FAX 249-4071 . HOUSING DEVELOPMENT . HOUSING REHABILITATION . HOUSING MANAGEMENT . HOMEOWNERSHlP PROGRAM5 . DOWNTOWN REVITALIZATION HOUSING REHABILITATION PROGRAM ORDER TO PROCEED Contractor: Haas Construction Address: 717 Lewisberrv Road New Cumberland. PA 17070 Date ~ /" -'c' ,<<..~ /' .0 /OCi" /0..,1'/'/ Gentlemen: The Redevelopment Authority is hereby awarding to you Housing Rehabilitation Contract No. V-I dated December 11. 1995 for rehabilitation work at 110 N, Enola Drive. Enola Please proceed with the rehabilitation t~e Con~ract. You are to commence work not :.<at-/)3 ,/9'16 , ;: work in accordance with later than 60 All work shall be completed according to specifications within calendar days after the date of this letter. -ZLf~b.nn Owner Wenona . Laughman 110 N. Enola Drive Enola. PA 17025 Addre$s ~ ~J ' ^, ~. '"""""""""''"'i\. c OWNER - ~ONTRACTOR AGREEMENT , , WHEREAS, the Housing and Community Development Act of 1974 provides funds for rehabilitation in federally assisted Community Development Projects; and WHEREAS, the Redevelopment Authority of the County of Cumberland in cooperation with the TownShip of East pennsboro has created the HOME Homeownership Voucher Program to assist owners in the rehabilitation of residential structures within the program area; and WH~REAS, Michael A. &;Wenona N. Lauqhman of 110 N. Enola Drive. Enola. PA hereinafter called OWNER desires to use the benefits of the 1974 Housing and Community Development Act for the purpose of rehabilitating their property at 110 N, Enola Drive. Enola and, Haas Construction (Corporation, Partnership, Individual), hereinafter called CONTRACTOR warrants that he is. qualified to perform the work specified herein; and the County of Cumberland or other designee, acts as the Escrowee, and only as such in this Agreement. NOW, THEREFORE, in consideration of this mutual promise contained herein, and intending to be legally bound, the parties agree as follows: 1. The Owner hereby engages the Contractor to perform the services and supply the material hereinafter set forth. 2, The Contractor shall perform all of the services and furnish all the material necessary to make the improvements described in the Contract for the aforesaid premises. 3. The improvements to be made and/or constructed Contractor are set forth in the Work Write-Up being Specifications identified as Contract No. V-1 hereto and made a part of this Agreement, by the the Plans and attached 4. The Owner shall contemporaneously with the execution hereof issue a written Order to Proceed and Bid Award subject to the Right of Recission as provided in Paragraph 5 herein. -1- - - <~-"~Ji_\; . OWNER - CONTRACTOR AGREEMENT , , WHEREAS, the Housing and Community Development Act of 1914 provides funds for rehabilitation in federally assisted Community Development Projects; and WHEREAS, the Redevelopment Authority of the County of Cumberland in cooperation with the Township of East Pennsboro has created the HOME Homeownership Voucher Program to assist owners in the rehabilitation of residential structures within the program area; and WHEREAS, Michael A. & Wenona N. Lauqhman of 110 N. Enola Drive. Enola. PA hereinafter called OWNER desires to use the benefits of the 1914 Housing and Community Development Act for the purpose of rehabilitating their property at 110 N. Enola Drive. Enola and, Haas Construction (Corporation, Partnership, IndiVidual), hereinafter called CONTRACTOR warrants that he is qualified to perform the work specified herein; and the County of Cumberland or other designee, acts as the Escrowee, and only as such in this Agreement, NOW, THEREFORE, in consideration of this mutual promise contained herein, and intending to be legally bound, the parties agree as follows. 1. The Owner hereby engages the Contractor to perform the services and supply the material hereinafter set forth. 2. The Contractor shall perform all of the services and furnish all the material necessary to make the improvements described in the Contract for the aforesaid premises. 3. The improvements to be made and/or constructed Contractor are set forth in the Work Write-Up being Specifications identified as Contract No. V-1 hereto and made a part of this Agreement, by the the Plans and attached 4. The Owner shall contemporaneously with the execution hereof issue a written Order to Proceed and Bid Award SUbject to the Right of Recission as provided in Paragraph 5 herein. -1- ,~ "~'""~ , 'L ~ . - ,~'" .~ ''''''1iif 5.' Owner has the legal right 'undet federal law to cancel this ' transaction, if they aesire to do so, without any penalty or obligation within thr~e business days from the date of the Agreement. If they so cancel the transaction, any lien, mortgage, or other security interest on their home arising from this transaction is automatically void. They are also entitled to receive a refund of any downpayment or other consideration if they cancel. If they decide to cancel this transaction, they may do so by notifying The Redevelopment Authority of the County of Cumberland at 114 North Hanover Street, Carlisle, PA, 17013, by mail or telegram sent not later than midnight of Dec. 14, 1995. They may also use any other form of written notice identifying the transaction if it is delivered to the above address, not later than that time. If notice of recission is not received by said time and date, the Order to Proceed shall be issued to Contractor. 6. The Contractor must commence work within fifteen (15) days after issuance of the Order to Proceed. 7, The Contractor must satisfactorily complete the work within 60 davs after issuance of the Proceed Order, in accordance with the Agreement. 8, Executive order 11246 shall apply and be made part of all contracts when the sum to be charged for the work is $15,000 or more. 9.- The Contractor shall. a. Furnish evidence of comprehensive public liability insurance coverage protecting the Owner for not less than $300,000 in the event of bodily injury including death and $50,000 in the event of property damage arising out of the work performed by the Contractor, and evidence of Workmen's Compensation Insurance, if Workmen's Compensation is applicable. b, Obtain the pay for all permits and licenses necessary for the completion and execution of the work to be performed. c. Carry during the life of the contract, Contractural Liability Insurance to protect and hold harmless the Owner in accordance with Section 9.a. of this Agreement. d. Perform all work in conformance with applicable local codes and requirements. e. ,Keep the premises vacuumed clean and orderly during the course of the work and remove all debris at the completion of the work. Materials and eqUipment that have been removed and replaced as part of the work shall belong to the Contractor, unless otherwise speCified. -2- -' ~.""-' .. ~ ~" ,l ", .~ lWl~'! ( f.' Not assign the Agreem'ent without written consent of the Owner and approval by the Staff of the Redevelopment Authority of the County df Cumberland. The request for assignment must be addressed to the address of the Redevelopment Authority of the County of Cumberland. g. Guarantee the work performed for a period of one year from the date of final acceptance for all work required by the Agreement. Furthermore, furnish the Owner in care of the Staff of the Redevelopment Authority of the County of Cumberland with all manufacturer's and supplier's written guarantees and warrants covering the materials and equipment furnished under the Contract. h, Certify that the property has had all applicable interior and exterior surfaces treated or covered as reqUired by the Redevelopment Authority of the County of Cumberland, and is hereby in compliance with the HUD Lead Based Paint Regulations, 24 CFR, Part 35. i. Permit the U.S. Government or its designee to examine and inspect the rehabilitation work. 10. The Owner shall. a. Not permit any changes or additions to the Agreement, Plans, or specifications without approval of the Owner, Contractor, and'the Redevelopment Authority Staff. If any extras are approved, a change order must be signed by the Owner and Contractor, and work will not be started until such time as sufficient funds are deposited in the escrow account. b. Cooperate with the Contractor to facilitate the performance of the work, including the removal and replacement of rugs, coverings, and furniture as necessary. c, Permit the Contractor to use, at no cost, existing utilities such as light, heat, power, and water necessary to carry out the completion of the work. d. The premises are to be occupied (x) vacant ( ) during the course of the construction work. 11. No member of or Delegate to the Congress of the United States and no Resident Commissioner shall be admitted to any share of or part of this Agreement, proceeds of this grant or to any benefit to arise from the same. No officer, employee or member of the governing body of the Owner who exercises any functions or responsibilities in connection with the carrying out of the Project to which this Agreement pertains shall have any private interest, direct or indirect, in this Agreement. 12. It is hereby stipulated and agreed by and between the said parties, as part of the said contract and for the consideration therein set forth, that neither the undersigned Contractor, any sub-contractor, or material man, nor any other person furnishing labor or materials to the said Contract under this contract shall file a lien, commonly called a mechanics' lien, for work done or materials furnished to the said building or any part thereof. -3- .-=~~~~ '*" i<j,,~ ~ ,~i~~ I.~..J". L "" ~~_......, ._"~ ~ r "'_~ .,; 13, '- Should any dispute arise respec'ting the true constructi'on or' meaning or drawings of the specifications, or should any dispute arise respecting the true workmanship or materials or payments due hereU:nder, or if any loss sustained by the Owner, and if the manner o~ its estimation is not herein otherwise provided for, the same shall be determined in the following manner: Both parties will share equally the cost of arbitration. Each of the parties shall select one arbitrator, and two arbitrators shall select a third, and the decision of the majority shall be final, conclusive, and binding upon the parties hereto. In the event of a dispute and one party designates his arbitrator in writing to the other party, the other party must designate his arbitrator within five (5) days thereof, in writing or shall be deemed to be in default. In the event that the two arbitrators are unable to agree upon a third arbitrator, then either party must submit a request to the Court of Common Pleas of Cumberland County, which court will then appoint the third arbitrator. 14. The Contractor will be paid in the following manner. 40\ payment upon completion of 50\ of the work after certification by the Redevelopment Authority as agent for Owner. 50\ payment upon completion of 100\ of the work after certification by the Redevelopment Authority as agent for Owner. 10% payment thirty (30) days after completion of the work after certification by the Redevelopment Authority as agent for Owner. 15, Change Orders. Items not contained in the specifications are the owner's responsibility unless a change order is necessitated by something which is unforeseen or is necessary to secure the structure. Addition~l grant monies may be allocated to the successful applicant, total not to exceed 15\ of the contract price. 16. If the Contractor is unable to complete any portion of work due to inclement weather, an extension to the completion date may be given up to two thirty (30) day periods, providing such extension is requested in writing by the Contractor and is approved by the Staff of the Redevelopment Authority of the County of Cumberland. 17. For the consideration of the contract sum of $14,534.50 the Contractor proposes to furnish all the material and do all the work described in accordance with the Agreement, The funds for such contract payment shall be made available as follows: Grant to not exceed S14.534.50 , Owner Amt. $ 0 18, The Owner accepts the Bid and Proposal and agrees to pay to the Redevelopment Authority the sum set forth in paragraph 17 as Owners share of the project cost. -4- ~ "~ ..;.-~. " 19. " The' Owner and the Contract~r agree to hold and save harmless the Staff of the Redevelopment Authority of the County of Cumberland from any and all loss, cost, or damage of every kind, nature, or description arising under this contract or from any source whatsoever. 20. In the event Owner breaches any of Owners obligations hereunder or wrongfully terminates this Agreement, Owner shall solely be responsible for any obligations to Contractor hereunder including any such amount to which Contractor may be entitled by any finding of arbitration or any court of competent jurisdiction and Owner shall indemnify and save harmless the Redevelopment Authority from any liability to Contractor or any other person arising from this Agreement. 21. This Agreement shall include the General conditions and Specifications, Drawings if any, and Work Write-Up. Michael A. & Wenona N. Lauqhman of 110 N. Eno1a Drive. Eno1a Pages 1 through 4, dated November 6. 1995 "~h~~uded herein. This Agreement becomes upon the Contractor when accepted by the the space provided for acceptance by the , and effective and binding Owner(s) by signature in Owner(s). Haas Construction Michael A. Lauqhman Wenona N. Lauqhman Name of Owner(s) \ SEAL) Signature of Contr ctor (where Contractor is incorporated an officer of the corporation must sign) Title (if officer of corporation) Title (if officer of corporation) 717 Lewisberrv Road New Cumberland. PA 17070 Address of Contractor 110 N. Eno1a Drive Eno1a. PA 17025 Address of Owner(s) December 11. 1995 DateC December 11. 1995 Date ,1 , ,~)iq(YV Wi tn sed by C/ ~ '~' dA fJ:J::Jtu.~ ().. ,.1jJJ1 ' -f1/'-- Wi tnessed bt} . rp-llhome -5- ^,"~ ~ - ~, .' ,,~, ~, , . . STIPULATION AGAINST LIENS THIS AGREEMENT made the 11th day of December. 1995 by and between Haas Construction hereinafter referred to as Contractor, AND Michael A. & Wenona N. Lauqhman hereinafter referred to as Owner, whereby the former undertook and agreed to erect and construct a housing rehabilitation project in Enola. Cumberland County. NOW THEREFORE, THIS AGREEMENT WITNESSETH. That the said Contractor, for and in consideration of the sum of ($1.00) Dollar to in hand paid by Owner, the receipt whereof is hereby acknowledged, and the further consideration mentioned in the agreement aforesaid, for themselves and their subcontractors, and all parties acting through or under them, covenant and agree that no mechanic's liens or claims shall be filed or maintained by them or any of them against the said buildings and the,lot of ground appurtenant thereto for or on account of any work done or materials furnished by them or any of them under said contract or otherwise, for, towards, in, or about the erection and construction of the said buildings on the lot above described and the said Contractor, for themselves, their subcontractors and others under them hereby expressly waive and relinquish the right to have, file, and maintain any mechanic's liens or claims against the said buildings or any of them, and agree that this instrument, waiving the right of lien, shall be an independent covenant. WITNESS our hands and seals this 11th day of December 1995 Signed, Sealed and Delivered in the Presence of 1 . ~ )?j'Af \ Lij/Ll)'~~/.- . ?c'l~ !'Janiel aas (~ ~ C"j.)';.TiZUq~1lJ (Seal) f;eRUI'C$ ~ (Seal) Michael ~ Wenola N. Laughman we.l\onA- (Seal) (Seal) rp-13sm '\IlIO~" "" "~ """""'''''' >~= " "",- ~, " .- HOUSING REHABILITATION PROGRAM CONTRACT V-I 1, Bids will be accepted at the Redevelopment Authority Office no later ~than 10.00 a,m. ,Tuesday, November 28, 1995. " .- 2, A pre-bid conference is sc~duled for 10:00 A.M. Tuesday, November21 at 10:00 A.M. at the Redevelopment Authority Office, 114 North Hanover Street, Carlisle, PA, Attendance at the conference is encouraged'. 3. The following inspection times have been arranged for contractors to review the work prior to bidding. If you cannot arrange to see the property at one of these times, please call the homeowner at the phone number listed below to schedule an alternate time. HOMEOWNER Michael and Wenona Laughman 110 North Enola Drive Enola, PA INsPECTION TIMES phone 728-4543 to arrange for an inspection appointment. 4, On your official bid sheet, make certain that the lump sum amount as written in words is identical to the lump sum amount as written in figures. Also make certain that th~ combined total of the itemi:ed bid sheet totals the lump sum figures on the bid sheet, 5, Submission of a bid indicates that the contractor will do the specified work for bid price given. Adjustments to bid prices or withdrawal of bids are not allowed following bid opening, as specified in the bidding documents. 6, Bids with erasures, cross-outs, etc. should not be submitted. The Redevelopment Authority Office will provide contractors with duplicate bid sheets so that such informal bids can be avoided. 7, Time limits for completion of contract work are set forth in the attached Instruction to Bidders, Extensions may be granted for acceptable reasons such as inclement weather or material shortages. Any contractor submitting a bid must understand that if contract work is not completed within the specified time for other than an acceptable reason, that may be justification for the Redevelopment Authority to reject future bids on the basis of inability to perform, ,,"~ ~ , " iu;t:'~i " . INFORMATION FOR BIDDERS 1,01 INVITATION TO BID The Redevelopment Authority will consider only those bids received from parties whose names are recorded by the Authority as having secured Contract Documents for this Contract. Contract Documents are not transferable to other parties for bidding purposes. Bids received from parties whose names are not recorded by the Authority as having secured documents for this Contract, will be rejected. Bids are requested as stated in the form of Lump Sum. The price bid shall cover all costs of any nature incident to or growing out of the work of furnishing the required items, including labor, material, equipment, transportation, and all incidental expenses in connection therewith, all costs on account of loss by damage or destruction of the work, and any additional expenses for unforeseen difficulties encountered, for settlement of damages, and for replacement of defective work and materials. 1.02 RECEIPTS OF BIDS Sealed Proposals for furnishing the items described herein will be received, during normal business hours, at the Office of the Redevelopment Authority of Cumberland County, 114 N. Hanover Street, Carlisle, Pennsylvania 17013 until 10:00 A.M. , prevailing time, on the 28TH of November. 1995 at which time they will be publicly opened and read aloud. The award of the Contract will be made by the Redevelopment Authority or all bids rejected within 30 days after the bids are opened, 1.03 COPIES OF CONTRACT DOCUMENTS "., f1.!11 c~5r:t'i~t.i~!"I 0: t.h~ !."j'r'):-l-': 'tr:; hi.~ ::\:",.-:" r:,~ 't~.l! r~q'~i":~~'?'7"~,s. provisions, and cetails th:reof. is qiv:n in the Contract Documents, ''f-'~~ ..... "~.1 . copies of which may be obtained at the Office of the Redevelopment Authority of Cumberland County, 114 N, Hanover Street, Carlisle, Pennsylvania 17013. 1,03 PREPARATION OF PROPOSALS Proposals shall be submitted on the form of Proposal furnished by the Authority, properly filled out in ink, and shall be duly executed. The Bidder shall state in the form of a lump sum price, both in words and in figures, for the Total Price. For the purpose of comparison of bids received, the Total Price, correctly computed, stated in the Proposal will be considered to be the amount bid for the Contract and award will be made based on that Total Price. Where there is a discrepancy in any item between the lump sum price written in figures and that written in words, the written words will govern. When the Proposal is made by an individual, his/her post office address shall be stated and he/she shall sign the Proposal; when by a partnership, its name and post office address shall be stated, the name and address of each of the partners shall be stated, and The Proposal shall be signed by all of the partners; when made by a corporation, its name and principal officers shall be stated, and the proposal shall be signed by authorized ~fficials of the corporation, with corporate seal affixed, 1,05 OUALIFICATION OF BIDDERS The Bidder's experience, necessary facilities, and financial resources to furnish the items of this Contract will be examined by the Authority and the Authority reserves the right to reject the 1" 1..:J1_I...,li , '"~ . . . Proposal of any Bidder not possessing satisfactory qualifications as deemed by the Authority. 1,06 SUBMITTING PROPOSALS All bids must be submitted on proposal forms. The proposal shall be enclosed in a sealed envelope bearing on the outside the name and address of the bidders, as well as the Title of Contract as given in the form of Proposal, Proposals will be accepted at the place and until the time stated in Advertisement for Bids, The successful bidder will be required to submit three (3) job references after the bid has been awarded, If forwarded by mail, the sealed envelope referred to above shall be enclosed in a second envelope addressed to the office of the Redevelopment Authority of Cumberland County, 114 N. Hanover Street, Carlisle, Pennsylvania 17013. Mailed Proposals must be received by the Authority prior to the time set for opening bids, if they are to be considered, and the Authority will not be responsible for any delays caused by mailing. Any proposals received after the time set for the public opening of bids will be returned unopened. 10.7 WITHDRAWAL OF BIDS A Proposal, after having been submitted, may be withdrawn by the Bidder prior to the time set for the opening of bids upon the presentation of a written request for such withdrawal to the Redevelopment Authority. No withdrawal of bids will be allowed after said time even though bids may not as yet have been opened. -3- .:tu.I""""""'" f " ~, -'td 1,08 RIGHT TO REJECT BIDS The Authority will determine who is the lowest responsible Bidder upon the basis of the bids submitted, and reserves the right to reject any or all bids, and readvertise if the best interest of the Authority will thereby be promoted; to waive technical defects, if in its judgments the interest of the Authority shall so require. The Authority reserves the right to waive any informalities in the bids received, to award the Contract only to a bidder whose Proposal is deemed by the Authority to be most advantageous to the public interest, and to reject any or all bids for any reason whatsoever, Proposals which are deemed by the Authority to be incomplete, conditional, or obscure, or which contain additions, erasures, alterations, omissions, or irregularities of any kind may be rejected, as informal. Formal approval of the lowest responsible bid will be conditioned upon execution by Owner of a Bid Award and Order to Proceed, and a Supplemental Agreement between Owner and the Borough/Township and subject to a period of recission (three business days after execution of the Agreements by Owner). Owner will have thirty days from the date of the preliminary bid approval to aCknowledge their intent to proceed and to execute the appropriate documents. In the event Owner decides not to execute the necessary documents as provided hereunder within said thirty (30) day period, the bid shall be considered null and void without any further obligation by any party hereunto. -4- 1_'" . . , ~ - 'j;-; 1,09 SALES AND USE TAX ACT Bidders will make their own independent analysis of Pennsylvania Sales and Use Taxes and the applicability thereof to the materials, supplies, and services to be provided and performed under and as a part of the Contract work. All taxes are to be included in the unit prices bid and the Authority will not make any separate payment of taxes. 1,10 INSURANCE The Contractor will be required to provide insurance of the prescribed types and minimum amounts as set forth below. All insurance policies required shall be maintained in full force until all work under this contract is completed, as evidenced by the formal acceptance thereof, in writing by the Authority. Each policy shall contain the provision that there will be 30 days prior written notice given to the Authority in the event of cancellation of or material change in the policy. The Bidder to whom the Contract is awarded shall furnish to the Authority, within ten (10) calendar days after the date of the official notice of award of the Contract, insurance certificates, evidencing that he/she has provided the required coverages. He/She may be required at a later date and upon specific request by the Authority to furnish certified copies of any or all insurance policies related to protection for the work under the Contract. The Authority shall not be liable for the payment of any premiums under the foregoing and certificates or policies shall be endorsed to that effect. -5- ,"'- -. L '~"""",,"k -~Ji ( , The insurance companies indicated in the certificates shall be authorized to do business in the Commonwealth of Pennsylvania, and shall be acceptable to the Authority. Neither approval by the Authority, nor a failure to disapprove insurance certificates by the Contractor shall release the Contractor of full responsibility for all liability. The minimum requirements of insurance to be carried by the Contractor shall be as follows: (a) Worker's Compensation Insurance Statutory - as required by the Worker's Compensation Laws of the Commonwealth of Pennsylvania and/or any other applicable Worker's Compensation Law. (b) Contractor's Comprehensive General Liability Insurance, including contractual Liability Insurance and Completed Operations Insurance. Minimum. $300,000 Bodily $100,000 Property Contractual Liability Insurance to protect and hold harmless the owner and Authority from date of contract signing to final payment. If any part of the work under the Contract is to be performed by a sub-contractor, the prime Contractor shall carryon his/her own behalf Contractor's Protective Liability Insurance for both Bodily Injury and Property Damage for the same limit as specified above, and be responsible for each subcontractor maintaining Liability Insurance as specified above, The coverage provided shall include protection against "Explosion", and "Collapse". ~.' -" ". ""'1 (a) Comprehensive Automobile Liability Insurance To provide coverage for all owned, non-owned, hired, leased and rented vehicles and automotive construction equipment, 1.11 CONTRAcTOR'S RESPONSIBILITIES a.) Obtain and pay for all permits and licenses necessary for the completion and execution of the work to be performed. b,) Perform all work in conformance with applicable local codes and requirements, c.) Keep the premises broom clean and orderly daily during the course of the work and remove all debris at the completion of the work, Materials and equipment that have been removed and replaced as part of the work shall belong to the Contractor, unless otherwise specified or agreed upon, d.) Repair and/or replace all defective materials or craftsmanship for a period of one year from the date of final acceptance of all the work required by the agreement. e.) Inspect the premises prior to bidding during the times specified by the owner or by an agreed upon appointment time. f.) Permit the U,S. Government, Redevelopment Authority and/or Borough/Township staff or designated agents to examine and inspect the rehabilitation work, g.) The official bid award will be followed within 30 days by issuance of the Proceed Order, h.) The contractor must commence work within fifteen (15) days after issuance of the Bid Award and Order to Proceed. Such Order to Proceed will not be issued until: 1.) the credit check, 2.) the inspection of the three previous jobs, 3.) proof of insurance, ,- . '~ ~~ , , . 4.) where applicable deposit of escrow funds of the owner have been satisfactorily met,S.) execution of the Bid Award and Order to Proceed and Supplemental Agreement between Owner and the Borough/Township and 6.) expiration of the three (3) business day Right of Recission as provided in the Agreement. i.} The work must be completed within 45 days after issuance of the Proceed Order, j.} It is hereby stipulated and agreed by and between the said parties, as part of the said contract and for the consideration therein set forth, that neither the undersigned Contractor, and sub-contractor, or material man, nor any person furnishing -labor or materials to the said contract under this contract shall file a lien, commonly called a mechanics lien, for work done or materials furnished to the said building or any part thereof. 1.12 OWNER RESPONSIBILITIES The owner(s) of the property described herein which shall undergo rehabilitative work shall agree to the following which will be acknowledged by their signature(s) on the Work Write-Up prepared by the Redevelopment Authority: a,} To allow the prospective bidders to inspect the premises in order to prepare their bid estimates. Such owner shall state a minimum of four hours for such inspection. At least two different days shall be listed as potential times for inspections. b.) Cooperate with the Contractor to facilitate the performance of the work, including the removal and replacement of rugs, coverings, and furniture as necessary. -0- ,"'~, , "' ~ ~ -" " ;rid , . c. l Permit the Contractor to use at no cost, existing utilities such as light, heat, power, and water necessary to carrying out the completion of the work, d,) Sign the Write-Up sheet prepared by the Redevelopment Authority indicating its correctness and completeness. e,) Where applicable, the owner(s) must deposit their share of the funds in an escrow account with the Redevelopment Authority before the Proceed Order is issued, f.) The owner shall attend any necessary hearings, such as Historical and Architectural Review Board, Zoning Hearing Board, Planning Commission, and Borough Council. g.) Permit the U.S, Government, Redevelopment Authority and/or Borough/Township staff or designated agents to examine and inspect the rehabilitation. h.) The owner shall be the party contracting for the rehabilitation work and shall be solely liable to Contractor in the event of any default or breach hereunder by Owner. 1.13 REDEVELOPMENT AUTHORITY RESPONSIBILITIES a.) The Redevelopment Authority shall act as the Borough/Township Agent for program contracts and information, for rehabilitation work write-ups, and progress payment inspections. b.) The Redevelopment Authority may conduct pre-bid qualification checks of potential bidders which would satisfy the requirement of checking the three previous jobs. c.) The Redevelopment Authority staff shall have the power to initiate change orders amounting to fifteen per cent or less of the bid price. -9- . ". '. . -< 4,l' -,'. -", '. ' 1.14 PAYMENT For contracts under S2,000, payment shall be as follows: 90% upon completion of 100% of the work after certification by the Redevelopment Authority. 10% thirty days after completion of the work after reinspection by the Redevelopment Authority. For contracts over S2,000, payment shall be as follows: 40% upon completion of 50% of the work after certification by the Redevelopment Authority. 50% upon completion of 100% of the work after certification by the Redevelopment Authority. 10% thirty days after completion of the work after certification by the Redevelopment Authority. Change orders must be billed separately and will be paid after certification of the Redevelopment Authority. 1.15 CHANGE ORDERS If unforeseen and unspecified repairs are discovered during the course of the contract, change orders may be agreed upon. Such change orders shall have the fOllowing information: a.} the specifications of the work as listed by the Redevelopment Authority. b.) the cost. c.) the signature of the Owner, Contractor, and Redevelopment Authority staff. d.) the reason such change was unforeseen. Change orders shall be allowed to a maximum of 15% of the bid price or $1,500 without Council approval. Change orders over 15% may necessitate rebidding upon direction of Council. -10- . . . Contract V-I Proper~y Work Write-Up and Specifications 110 North Enola Drive Enola, PA Location: Property Owner: Michael and Wenona Lauqhman Bill Var~er Inspected By: I. General Conditions A. The following specifications, together with the work write-up containing a schedule of items listed for each room and/or area, the Instructions to Bidders, and the General Specifications for Housing Rehabilitation, which all contractors have a permanent copy of, form the basis of this contract. Contractors shall base their estimates only on work to be done as listed herein and shall assume all related responsibilities regarding coordination of and adjust- ment to surrounding work during the normal process of performing improvements and repairs. B. The submission of a Bid shall be evidence of the Contractor having acquainted himself with the jOb site and his Willingness to conform to all code and project requirements without additional compensation. C. All materials shall be new. All materials used shall be exactly as those specified in regard to color, weight, grade, or rating. No substitute of materials or colors will be accepted unless first approved in writing by the Cumberland County Redevelopment Authority office. All materials shall be installed as per manufacturer's instructions and shall conform with all applicable codes. D. All workmanship shall be first-class, and installation methods shall be in conformity with all applicable codes. All workmanship shall produce level, straight, plumb, and true conditions. E. The contractor shall furnish all labor, materials, and equipment necessary for the performance and completion of all work authorized by this contract. The Contractor shall supply any protective equipment (such as tarps and ground cloths) necessary to protect all property and the work of all trades against damage or injury caused by his activity. rp-Sa ~ F. It shall be the responsibility of the Contractor, during cold weather applications of adhesives, spackle, joint compound, paint, and other temperature sensitive materials, to maintain a uniform room temperature or between 50 degrees fahrenheit and 70 degrees fahrenheit, and to provide ventilation during these applications. G. The Contractor shall be responsible for the removal and disposal of all waste, trash or debris generated on the job site. All used rags, paint containers and any miscellaneous items used in the application of flammable materials shall be disposed of in a safe manner so as to avoid the danger of fire or personal injury. H. There shall be no extras allowed the Contractor unless written notice of claim is submitted and approved by the Cumberland County Redevelopment Authority offiee before the work is performed. No work on extras shall commence until a change order is authorized by this office. I. Upon completion of the work, acceptance will be based on a Final Inspection Approval from Cumberland County Redevelopment office. .~ -~I 110 NORTH ENOLA DRIVE ENOLA, PA II, WORK WRITE-UP AND SPECIFICATIONS A. EXTERIOR 1, Replace the half round rain gutter and downspout at the rear of the north side. 2, Fill in the hole along the south end of the rear deck with concrete. 3, Remove the steps to the rear yard. Build a platform 3' out from the concrete wall x 5' across. Install 3'x 10" steps from the platform to the rear deck, Platform to be constructed of 4x4 post set on concrete with 2x6 framing and 2x6 planks, Stair stringers to he 2x12 with 2x10 steps. Platform to have two (2) 2x4 rails and steps to have one (1) 2x4 handrail. All lumber to b~ .pr~ssure treated. 4, Install a new 2x8 floor joist under the rear porch spiked and bolted to the existing center floor joist. Bolts to be 5/8 steel with oversized 1/8" thick steel f~nder washers. (six) 5, Remove the ei~ht (8) single glazed, double hung windows and storm windows. Install eight (8) new replacement windows to match existi~g repl~cem~nt windows. ~. Remove existing front e~trance door. Install new pin~ entrance door of the same size and configuration. Installation to include one and one half (1 1/2) pair of 3 1/2" hinge butts and lockset. Seal all edges and both sides and paint. 7. Remove existing front storm door, Install new aluminum, solid core, one (1) inch thick storm door, Door to have brass, lever style, keyed lock set, two [21 hydraulic door closers, upper and lower removable'glass windows with single, fiberglass full screen. Door to h~ ~~rson or ap?~oved equ,al. 3. Install new white aluminum storm window on rear door transom, Window to have removable glass and screen panels, -. '- -~ B, INTERIOR 1, B~SEMENT a. Remove existing boiler. Install new oil fired hot water heat boiler with domestic hot water coil. Connect to existing distribution system. Install baseboard hot water heat along north wall of third floor room, Install a second circulator converting the system to two (2) Zones. One zone to be for the first floor and one zone for the second and third floors. Installation to include, but not limited to, all necessary and required electrical connections, wiring, controls, thermostat, valves and piping for a complete and operational two (2) zone system. b, Cover all asbestos pipe covering with foil heat tape. 2. KITCHEN a, Remove all kitchen cabinets and countertops. Remove suspended ceiling. b, Install new 3/8 drywall ceiling on lx3 lath 16" o.c. Finish and paint two (2) coats, Patch and repair walls, Spot prime and paint. ~, Install kitchen cabinets as follows: Base cabinets. 36" angle corner base with Lazy Susan, 15" base at right of corner base. 15" drawer base at right of 15" base. 36" sink base at right of drawer base, 24" space for dishwasher at right of sink base cabinet end at right end of .dishwasher space. existing range 18" base at left end of corner base. Wall cabinets: 2430 angle corner cabinet 2430 wall cabinet at right of corner cabinet 1530 wall cabinet at right of 2430 wall ~abinet. 2430 wall cabinet above dishwasher space. 3018 wall cabinet above range. Cabinets to be unfinished birch, Base cabinets are to he elevated on a 1 1/2 . frame on floor, Install new countertops, Reinstall existing sink and faucet. -2- .~- l~ 3, BATHROOM a, Remove existing suspended ceiling and all wall paneling, b, Install new 3/8" drywwall on 1x3 lath 16" o.c. drywall over existin; walls. All edges are to spackled along casings and baseboard, Finish drywall, Drywall to be water resistant type. Install be taped and paint 3/8" and all new c, Paint all woodwork one (1) coat, d, Remove existing flooring. and vinyl sheet flooring. Install new 3/8" plywood underlayment e. Install new toilet and seat, 3 1/2 gallon flush, Toilet to be American Standard with f. Remove shower doors. 4. THIRD FLOOR ROOM a. Remove built in desk and drawers. Remove existing closet door, Enlarge the opening height and install a 30" prehung, raised panel, hollo~ core, moulded door and latch set, b, Replace existing door in the rear knee wall with flush type, hollow r.ore door and latch set, c. Install 3" fiberglass insulation in knee walls. d, Install 2x4 studs at front dormer. Cover existing ceiling and walls with 3/8" dryw3ll, [including closet) Finish drywall, ~. Install jamb extensions on doors and windows. edge casing on doors and windows, Install round one f. Install ogee style baseboard. g, Install half inch AC grade plywood over entire floor area, including closet and behind knee wall. h, Install carpet pad and carpet over entire floor area, including stairs. i, Remove existing 2x4 railing and install handrail on stairway. j. Install 3/4" poplar board on top of the short stair wall. k. Paint all drywall two 121 coats. i. Seal and paint wooduark -3- ,-." " , - -~~ C. ELECTRIC 1, KITCHEN a. Install owners range hood b. Install a microwave receptacle on a dedicated circuit on west wall above 18" base cabinet. c. Install ceiling light with two 3-way switches, d. Install ceiling light above sink area with wall switch in wall above sink. 2, DINING ROOM a, Eliminate one floor receptacle & wiring. b. Install two 3-way switches for fan/light. 3. DINING ROOM a, Eliminate two floor receptacles and wiring, b, Install one receptacle with two 3-way switches. 4. MIDDLE BEDROOM a. Install three (3) additional receptacles 5. BATHROOM a, Install combination fan/light 6. THIRD FLOOR BEDROOM a. Install stairway light with two 3-way switches. b. Install bedroom ceiling light with wall switch, c, Install five receptacles 7. SMOKE DETECTORS a. Install hard wired smoke detector on each level (4). -4- _, I ,~ - 1i'l:S::," 110 N. ENOLA DRIVE ENOLA, PA ADD ALTERNATE #1 a, Remove the concrete walk from the rear gate to the steps to the rear porch. Remove the tree stump near the rear gate. b. Pour and finish a concrete 'pad from the gate to the rear concrete wall and from the foundation wall to the side fence, ADD ALTERNATE #2 a, Remove the existing rear porch flooring, Install new tongue and groove 1x3 porch flooring and face board along north end, b. Paint porch and related wood two (2) coats, ADD ALTERNATE #3 a, Cover front porch soffit, fascia and beams with aluminum, ADD ALTERNATE #4 a. Cover front porch ceiling with aluminum soffit. -5- , " .~"~ ... All interior and e%terior items to be completed in a satisfactory workmanlike manner complying with local code requirements, accepted construction practices, manufacturer's recommendations for product use and for installation of material and work write-up specif~cations. All debris accumulated from rehabilitation of the structure to be removed from the premises as it is generated and shall not be allowed to accumulate. Any color and style or pattern of material shall be selected by owner, I/We understand the contents of the work write-up. It is further understood that no changes, deletions or additio~s will be permitted without written authorization from the Cumberland County Redevelopment Authority office. a.- /j/ I C;{' , Date " ~ BID FOR REHABILITATION WORK COMMUNITY DEVELOPMENT PROGRAM Contract Number V-I The Redevelopment Authority of the County of Cumberland 114 North ,Hanover Street Carlisle, Pennsylvania 17013 1, The undersigned, having familiarized (Himself) (Themselves) (Itself) with the existing conditions at the structure to be rehabilitated, and with the Contract Documents (which includes Invitation for Bids, Instruction to Bidders, the Form of Bid, Work Write-Up and Drawings, General Specs) prepared by the Redevelopment Authority of the County of Cumberland, and on file in the office of the Redevelopment Authority, hereby proposes to furnish all supervision, labor, material, tools, and equipment, and to perform and complete all work required for the rehabilitation of the structure, all in accordance with the above listed documents. a,) Contract No, V-I 1,) Lump Sum Bid of Dollars (S ) . 2, The undersigned agrees that the following addenda, which were issued during the bidding period, have been received and considered both before and in the preparation of this proposal, Addendum Number Date Received 3, In submitting this bid, the Bidder understands that the right is reserved by the Redevelopment Authority to reject any and all bids. If written notice of the acceptance of this bid is mailed, telegraphed or delivered to the undersigned within thirty (30) days after the opening thereof, or at any time thereafter before this bid is withdrawn, the undersigned agrees to execute and deliver an agreement in the prescribed form and furnish the required information of jobs and insurance within ten (10) days after the agreement is presented to him for signature, 4 , has bid Attached hereto is an affidavit in proof that the undersigned not colluded with any person in respect to this bid or any other for the Contract for which this bid is submitted. DATE NAME OF BIDDER OFFICIAL ADDRESS. BY TITLE ,Y;;.'; NON-COLLUSION AFFIDAVIT OF PRII1E BIDDER S t,,, t.e 0 f County of (I~dividu"l's Name) sworn deposes and says that. , heinq first duly 1, lie is (Owner, Partner, Officer, Representative, or Agent) of , the Bidder that has submitted the attached Bid for the follOWing properties, 2, lIe is fully informed respecting the preparation and contents of t.he attached Bid and of all pertinent circumstances respectinq such hid. 3. Such Bid is genujne and is not a collusive or sham bid. 4. Neither the said Bidder nor any of. its officers, partners, owners, agents, representatives, employees or parties in interest, includinq this affiant; has in any way colluded, conspired, connived, or aqreed, directly or indirectly, with any other bidder, firm or person to submit a collusive or sham Bid.in connection with such contracts, or has in any manner, directly or indirectly, souqht by "qreement or collusion or communication or conference with any other Ridder, firm or person to fix the prices in the attached Bid or to any other Bidder, or to fix any overhead, profit or cost element of the bid -price or the bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement "ny advantage against the Local Public Agency or any other person interested in the proposed contract; and 5, The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant, (Signed) Title Subscribed and sworn to before me thIs _ day of 19 Title lIy Commission expires , - - A. EXTEPIOR , Item A-1 & A-2 .J. . 2, Item A-3 3. Item A-4 4. Item 1\-5 5. Item A-6 6, Item A-7 7, Item A-8 B. BASEI.IENT l, It,"m B-la 2. Item B-1 b C. KITCHEN . Item B-2a " , 2. Item B-2b 3, Item B-2c D. BATHROOM 1. Item B-3a & 3b 2. Item B-3c ~ Item B-3d -0. 4. Item B-3e 5, Item B-3f 110 NORTH ENOLA DRIVE ENOLA, PA ITEMIZED BID SHEET - ~ "' .. -_'yi ~, . E, THIRD FLOOR ROOM 1. Item B-4a 2, Item B-4b, B-4c, B-4d 3, Item B-4e & B-4f 4, Item B-4g 5. Item B-4h 6. Item B-4i & B-4j 7, Item B-4k 8, Item 8-41 F. ELECTRIC LUHP SUH TOTAL $ ADD ALTERNATE #1 ADD ALTERNATE #2 ADD ALTERNATE #3 ADD ALTERNATE #4 "' " i ~." I '" ~ ~... l:J "'-- ~ \. .J~ THIS ADDENDUM made and entered into this 20th day of Mav , 1996 between Michael A. & Wenona N. Lauahman of 110 N. Enola Drive. Enola. PennsYlvania (hereinafter called "Owner") and the Board of commissioners of of CUmberland County, a political subdivision of the Commonwealth of Penmsylvania (hereinafter called "County"). ADDENDUM TO GRANT AGREEMENT WITNESSETH: WHEREAS, the parties hereto had previously entered into a Grant Agreement dated the 11th of December. 1995 for housing rehabilitation utilizing funds from the HOME Investment Partnership Program: and WHEREAS, the Grant Agreement provides that upon completion of the rehabilitation of the OWner's property, that the parties would execute an addendum to the Grant A~eement setting forth the total amount of the grant for said rehabil~tation. NOW, THEREFORE, in consideration of mutual covenants herein, the parties agree as follows: 1. GRANT AMOUNT: The parties agree that the aforesaid Grant Agreement shall be amended so as to provide that the grant to the Owner for the rehabilitation of Owner's property is in the amount of $19.011.70. 2. BINDING NATURE: In all other respects the terms and conditions of the aforesaid Grant Agreement shall remain as previously agreed - upon and shall not be altered by this addendum. IN WITNESS WHEREOF, the parties hereto set their hands and seals the date and year written above. WITNESS ..~~~~ ~ ~ ~AA- - to en .C-. : c::: : - ;;;: rp-12sm-add .N .c:. ' a:::.~ . r':'l'~" co ("')'0'" rn .0 f"n :n.:4] fT1 '-0::::> :> rn-J. z '0,;;0;0 ~ .0 0 r..& :::3 0' "T1 - co'"" zmc":> -i~~ -< <=> . .",::J ..., ~ N c:l ,0 N BOOK 523 P^GE 987 ~' ,"." , ATTEST ~~ 7 Jf1~J S retary REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMB~ o P -4-' 17 tl~j jj-. By ~" -Y-- - L Executive Director SEAL COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND . . : ss . . On ~his, the 20th day of Mav. 1996, before me, the undersigned off1cer, personally a~peared MIChael A. & Wenona N. Lauahman to me (or satisfactor1ly proven to be) the person(s) whose name(s) are subscribed to the within instrument, and acknowledged that ~ executed the same for the purpose therein contained. Notary P . Seal ' Laure! l 1&. Notary NlIic ' SouIh MiddIeIlln 1Wp.; Cl<YiberlaIId CClrty My Commission EJepires Sept. 26. 1~ Member, Pennsylvarla' .:" . ~"'J'''':,~ ,,\,~{,." 'm,.~-,?+, . ~ii:%r7:~ IN WITNESS WHEREOF, I have hereunto set my COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : : ss . . On this, the 20th day of Mav, 1996, before me, the undersigned officer, personally appeared Christo~her Gulotta, Executive Director of the Redevelopment Author1ty of the county of Cumberland, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and n Notary Pu 1C ,YI<)' ,'"_ Laure!1.Y"'~e. ~ " ,.., , 1', ,", ..... ~",' ',' SouIhMic\dletll!'~ Sept.21H!l!-\Ii,' ~.. .;: i'~~ .<~,. MyColT1ll1iSSOl1 res .'-. ' '..;"'~:,. 7" )'1, ;"~~''''- "-"""""".. ' . 0"',-', \ ,''i'''''''' Member.r~'~l"-;:-',..... ",...'" .' ,G."',, __ ,-'..". ,.._ , , .. of r>ennsylvania } , ".'~"",' ';:;t.; , "",,- " ;l~tf, ..;;..~~~ft~- . SS ,".~,' #~i! '';'',Vi'' .iF'" ." "'f'r-'-"- .t~.; of Cumberland }i;'~~~.:; ';l~'i{"v;~'. . '. ,li'" 11'// - , - A '~'c' in the office tor the recording of ~~t~l:~' r.4~ q J.irr- ',-I}::: t1: ';":J~f<):f~nberII!!JS1County~,';""df},-t,.*~~ ,~j.,", ,..J'ff," .~~' I'" ' V I P :'1'< '~',\' po,,, ,'~;" .,'f!"', , ""', :- -_.., 0, _ age ~~\'r>", .'~; .,~~ ;;ijt"" ""''''lndand~~j . .,g":".,-",~,%2...,;.,y",, '/ .: '. ~ 0/ '~,_ ,- ~'C;..~'" ,_'". :, . .~. tnrs ~ JV19ZE...ij:'~-:'.,';~~.~, ~~ {,/.' ~~rJ::iff :.:i.!li~'~,:;?'.: .' r .,. ..,.......... (~% ~3 PAC~ 1f88 ~ "~' .~-, ~:"!l:!:: BAAS General Conlracttng Home Improvements Remodeling and Additions Insurance Repairs Construction Services February 21. 1996 CHANGE ORDER #3 RE: Michael and Winona Laughman, 110 N" Enola Drive Enola, PA 17025 CCRA V-1 The following changes are hereby agreed to regarding Contract V-1 (above): 1. On front door (which is installed at this time), instead of priming and painting as agreed, finish with a colored stain to bring color towards the other woodwork in the house, and varnish. Door will have a white drip cap at the bottom to contact the threshold. Note: it is understood that the door will not match in color or in grain the other woodwork in the house. Furthermore, it is understood that where the wood has been puttied at nail holes, etc., the stain will not take evenly with the surrounding wood, The Laughmans have inspected the door and accept the door as suitable for staining. TOTAL ADDITION TO CONTRACT $ 45,00 CURRENT ACCOUNTING: Original Contract Amount Change Order #1 Change Order #2 Change Order #3 (above) $ 14,534,50 1,057.00 1,065.00 45,00 --------- --------- REVISED CONTRACT AMOUNT $ 16,701.50 ENDORSEMENT: Each signer acknowledges receipt of a copy of this document Contractor: Homeowner." Cumberland County Redevelopment Authority < Has Construction Services William Varner, Rehab Specialist Date:213.J5.....b Date:.d..J.d1J2t. 717 LewisbeITY Road Npw r.llmhpr1:mrl PA 17070 Date:_I_I_ 732-7856 Cust. Service & FAX !'l::lR,!17?f\ Ffplrl OffiC'P IV Shnn - ~" "~-.' lm!'&J:}-; . - JOSEPH H. BONARRIGO Twp. Eng./P.W. Dir. RICHARD L. ERNEST Code and Zoning Officer EAST PENNSBORO TOWNSHIP February 11, 1999 MICHAEL A & WENONA N LAUGHMAN 110 N ENOLA DR ENOLA PA 17025 RE: Building Permit No. 96(~8 Dear Mr. & Mrs. Laughman: As requested during our telephone conversation on February 11, 1999, I have reviewed our files concerning the above referenced building permit and found no record of any inspections having been conducted for any work performed relative to building permit No. 96(KI8. If I can be of further assistance, please contact our office at 732-0711. Sincerely, ~~ Richard L. Ernest Code & Zoning Officer RLEfjas NENOLADR.II0/BUILDING 98 South Enola Drive' Enola, PA 17025-2796 . (717) 732-0711 ,I"~ - ~ '," - , . SHERWIN- _WILLIAMS 4~J Ii ~KdLil FtD t::NOLA PA 171il2:5 (717)7:32-361:3 :J.\14\9~ TO: WINONA LAUGHMAN SUI:lJI::CT: PAINT Pt::I::LIf\G\MILDt::W AS DISCUSSI::D DURING INSPECTION UF YOUR BATHROOM, THl::SE WUULD BE THE Hl::CllMMENDATIllNS Tll FIll PROBLEM AREAS IN THE?E. PEI::LING (.IF PAINT AROUND TUB SURROUND,BASEBOARD, tJUARTER-RlILlND CAN BE Cllltltl::CTED BY USING A GUllD GltADI:: lIF ACRYLIC\SILIClINE UR PAINTABLl:: ~:ILIClINl:: CAULK ARlIUND TUB SUltRlILlND, BETWl::EN BASEBOARD AND WALLS, AND BETWI::EN WUAH'rI::R-ItllUND AND BASEBOARD. THIS WILL KBEP MOISTURE; OUT AND BXPAND WITH CHANGl::S IN SUBSTkATI::S. - WHERI:: PAINT HAS PEl::LED , SPACKLE SMOUTH AND SAND. SPll'r PRIMI:: AND PAINT. - MILDEW IN CI::ILING CAN BE CLI::ANED WITH 1 PART BLl::ACH TO ::I PARTS WATER, }-"lILLllWED BY WASH WITH CLEAN WATER AND LEFT TU DRY. IF S1"AINS Itl::MAIN , USE A UIL BASE SEALEk PRIMl::R AND THl::N PAINT WITH A GUUD LATl::X Sl::MI-GLOSS WITH A MILlll::W INHIBITUR llR A BATH PAINT\MILDl::W RESISTANT PAINT DUl:: TO THE }-"ACT THAT 'rHIS BATH IS SMALL IN SIZE WHICH CUNSl::NTRATES THE MOISTURl:: Uk HAVE; A LAkGE;R CEILING VENT INSTALLED TO MOVE MORE MUISTURE OUT. THIS SHUULD CORRECT THE PROBLEM AREAS THAT YOU ARE HAVING. ANY QUESTIONS, F'EEL FREE TO CALL. "'iirL'f iW! JEFF FISHEL STOkE MGR. ENULA, PA 655,0388 -~,~ - . ~, -1 _ ~,' , _~-n1i fi'-. HfH Allan W. Holman, Jr, 16 East Main Street p, O. Box 97 New Bloomfield, PA 17068 (717) 582-2410 Fax 582-8178 Holman & Holman ATTORNEYS AT LAW November 29, 1999 Robin C. Holman 15 East Main Street P. o. Box 97 New Bloomfield, PA 17068 (717) 582'2186 Fax 582-8430 Mr. and Mrs, Michael Laughman 110 North Enola Drive Enola, P A 17025 Dear Mr, and Mrs. Laughman: Kindly be advised that I represent Harvey B, Landis, to whom you directed a letter dated October 25, 1999. Mr, Landis was hired by the Cumberland County Redevelopment Authority to make repairs to your home, He was under the direction of the Authority and paid by the Authority. He had no direct contact with either of you, other than the' fact that the repairs were to be made in your home, Mr, Landis' work was inspected by Authority personnel and considered satisfactory, When he left the job, the repairs were made, the work was approved and he was paid, Under these circumstances, your remedy is to look to the Authority for any relief, rather than Mr, Landis, I trust that Mr. Landis' position is clear. Sincerely yours, HOLMAN & HOLMAN ~(/vl'n~~ ' Allan W. Hohnan, Jr, cc: Mr. Harvey B. Landis , ,,' -"",-~~; . . , '1 VERIFICATION The foregoing Complaint is based upon information which has been gathered by counsel and us in the preparation of this action. We have read the statements made in this document and they are true and correct to the best of our knowledge, information and belief. We understand that false statements herein made are subject to the penalties of 18 Pa, C,S.A, Section 4904, relating to unsworn falsification to authorities, Date: MAY 25 ,2000 , ' ,-',"~'--- , ,,{,,_,-I -';";" - i~,_,' '.,~ , '" ,;, ',; ,-,,,-,V'__' ~''',' ~-~, ;"-b'~"-"'",^';;_;"',.,,,"-, ',-" __';"~f-_' - ;~-":"~,,,, ""':::;'" ~__'_' , ,-', ,,~.:~! . . j . MICHAEL L. LAUGHMAN and WENONA LAUGHMAN, PLAINTIFFS : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, CIVIL ACTION - LAW REDEVELOPMENT AUTHORITY OF CUMBERLAND COUNTY, DANIEL HAAS, tJd/b/a HAAS CONSTRUCTION SERVICE and HARVEY B. LANDIS, DEFENDANTS NO. 00-2361 CIVIL TERM . CERTIFICATE OF SERVICE I, Marcus A, McKnight, III, Esquire, hereby certify that a copy of attached Complaint was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Christopher C. Houston, Esquire Redevelopment Authority of Cumberland County II 4 North Hanover Street, Ste. 104 Carlisle, P A 17013 Mr. Daniel Haas HAAS CONTRUCTION SERVICES, INC. 717 Lewisberry Road New Cumberland, P A 17070 Mr. Harvey B. Landis 10 Mill Road Shermans Dale, P A 17090 By: Date: May 25, 2000 " '<'-~,~^ , -,.,~- "--", ,~,"~" . . . , ' , o~' -" " ',?' '" ,- ~, ~- ,,'-; ~, ~~ , -roLl '''",--! :"'-") -n 'r IT! C:l '-'\] c::; ;~_:J iiJ :,_;-;0;;'(( ~~ -t"': :b -....-, \ ~'--' C) "l 1 I . -~-, ,--".,' - "1' -^' -p"",-' SHERIFF'S RETURN - OUT OF COUNTY t CAS~ NO: 2000-02361 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LAUGHMAN MICHAEL ET AL VS REDEVELOPMENT AUTHORITY R, Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: HAAS DANIEL T/A/D/B/A HAAS CONSTRUCTION SERVICES but was unable to locate Them in his bailiwick. He therefore ~ deputized the sheriff of County, Pennsylvania, to serve the within WRIT OF SUMMONS On May 17th, 2000 , this office was in receipt of the attached return from SheFiff's Costs: Docketing Out of county Surcharge YORK COUNTY 6,00 9,00 10,00 57,05 ,00 82,05 05/17/2000 IRWIN MCKNIGHT a~~ r Thomas Kl ine Sheriff of Cumberland County & HUGHES Sworn and subscribed to before this /~ day ofqvu ;2flJlJ A, D , ~ Q. ~-'-'~L~ Prothonotary me , , ;-, SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2000-02361 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LAUGHMAN MICHAEL ET AL VS REDEVELOPMENT AUTHORITY R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: LANDIS HARVEY B but was unable to locate Him ; deputized the sheriff of PERRY in his bailiwick, He therefore COUNTY County, Pennsylvania, to serve the within WRIT OF SUMMONS On May 17th, 2000 , this office was in receipt of the attached return from PERRY COUNTY She:t;iff's Costs: Docketing Out of County Surcharge PERRY COUNTY 6,00 9,00 10,00 32,80 ,00 57,80 05/17/2000 IRWIN MCKNIGHT .~ , Thomas': .-' ' Sheriff of Cumberland County & HUGHES Sworn and subscribed to before me this JAA-' day of ~'n .:2.o-uv A , D , C+r;~ Q \(}vp;".; ~ Prothonotary' " ~~ ...;.~. , ,',", SHERIFF'S RETURN - REGULAR CASE NO: 2000-02361 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LAUGHMAN MICHAEL ET AL VS REDEVELOPMENT AUTHORITY SHANNON M SUNDAY , Sheriff or Deputy Sheriff of Cumberland county, Pensyl vania , who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon REDEVELOPMENT AUTHORITY OF CUMBERLAND COUNTY the DEFENDANT , at 0851:~0 HOURS, on the 19th day of April , 2000 at 114 NORTH HANOVER STREET CARLISLE, PA 17013 by handing to MARY ANN HERSHEY RECEPTIONIST a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof, Sheriff's Costs: Docketing Service Affidavit Surcharge So A;:;~.r;~ 18,00 3,10 ,00 10,00 ,00 31. 10 R. Thomas Kline 05/17/2000 IRWIN MCKNIGHT & HUGHES Sworn and Subscribed to before By: ii"/n/nsn In. ~, Deputy Sheriff me this J~ day of q,,~ JnrO A,D, 0l?;;ot~~ I.~ - " Wenona Laughman IN THE COURT OF COMMON PLEAS OF THE 41st JUDICIAL DISTRICT OF PENNSYLVANIA PERRY COUNTY BRANCH Michael Laughman and Versus Harvey B. Landis No, 2000-2361 SHERIFF'S RETURN And now April 29 , 2000: Served the within name Harvey B, Landis the defendant(s) named herin, personally at his place of residence in Blain Boro Perry County, PA, on April 29,2000 at 7:50 o'clock PM by handing to Harvey B, Landis , an adult member offamily 1 true and attested copy(ies) of the within Writ of Summons and made known to him the contents thereof Sworn and subscribed to before me this fjj- 'f-. ~~ "I" " '., ". -tl6TARW.S!'Al ) '.' ,", '~l'i.' ' GER,fllllARYPU8UC " , ,8LOOM "'":&'=0., PERRVCOUNlY 'lAfI COMM( ION EXPIRES FEB. 16 200 ,9. OD 0 So answers, day of , -> ,"-' <",'--' " In. The Court of Common Pleas of Cumberland County, Pennsylvania Michael Laughman, et. al. VS. Redevelopment Auth. of Cumbo Co., et. al. Serve: Harvey B. Landis No, 20-2361 Civil Now, 4/17/00 , 20 Q (j , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Perry County to exe,cute this Writ, this deputation being made at the request and risk of the Plaintiff" //:A? '., . rf1?~-~~, Sheriff of Cumberland County, PA Affidavit of Service Now , ,20_, at o'clock M. servedthe within upon at by handing to a copy of the original and made known to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before ~e this _ day of ,20_ COSTS SERVICE MILEAGE AFFIDAVIT $ { $ ~ @ "'1fi) ""'1fil == ~ Dnl 0' _.9'~" ". Y"Vl~1Il '", T ~, ',~-,,,,_ ^,,'''.' -",,--..~~]>~-. ,"< "'''~~ ~,- ~" ~- . ~ ,~ .~ ~ .~ '~ , ~,= ,ISMIIlll~_~~~~~J;~'1~m<~~m_.d.Ij$I~!lmllf!!!l'tllm!Iffilf!1l~~~!BlIII$!I!l!~! COUNrY OF YORK OFFICE OF THE SHERIFF SERVICE CALL (717) 771-960 I 28 EAST MARKET ST., YORK, PA 17401 SHERIFF SERVICE INSTRUCTIONS PLEASE TYPE ONLY LINES 1 TO 12 PROCESS RECEIPT, and AFFIDAVIT OF RETURN DO NOT DETACH ANY COPIES. 1. PLAINTIFF/SI 2. COURT NUMBER ":U"":"Oi L,1.VLL Michael Laughman, et. al. 4. TYPE OF WAIT OR COMPLAINT 3. DEFENDANT/Sf Writ of Summons Redelopment Auth. of Cumberland Co. , et. al. SERVE { 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD. . Daniel Haas, t/a/d/b/a Haas Construction Services 6. ADDRESS (STREET OR RFD WITH BOX NUMBER, APT NO., CITY, BOAO, TWP., STATE AND ZIP CODE AT 717 Lewisberry Road, New Cumberland, PA 17070 7. INDICATE SERVICE: a PERSONAL 0 PERSON IN CHARGE cKoEPuTIZE Cunnj:u@]~.t1iAn.d 0 1ST CLASS MAil NOW 4 /17 /00 19 _I, SHERIFF OFX'l!mK COUNTY, PA York COUNTY 10 execu . to law. This deputation being made at the request and risk of the plaintiff. 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: o POSTED 0 OTHER e e sheriff of of according o " Cumberland OUT OF COUNTYc, CUMBERLAND ~ 0 ,.." 2 -oj..' ,,~ -<g~ ADVANCE FEE PAID BY CUMBERLAND COUNTY SHERIFF ':',:." " ,,~'.- ~:' ;; 0 g NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.S. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any prlJpeny under ..withi~it rh~~ve same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, withoulliability on the part of such...c!fputy 2BhMSheft\ to any plaintiff herein for any [ass, destruction, or removal of any property before sheriff's sale thereof. ::r: 0 9, TYPE NAME AND ADDRESS of ATTORN EY/OAI GINA TOR and SIGNATURE 10. TELEPHONE NUMBEA 11.DA FIL: D Marcus A. McKnight, III, Esq. ~ 60 W. Pomfret St., CarlisLe, PA 17013 717) 249-23 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notlce is to be mailed). r-' Cumberland County Sheriff SPACE BELOW FOR USE OF THE SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE 13.1 acknowledge receipt of the writ SIGNATURE OF AUTHORIZED CLERK 14. Date Received 15, E,/iralionlHearing Da1e o,compla;ntas;nd;catedabove. J. Ludwig 4/19/00 5 13/00 RES[DENC~ POSTED ( POEt ) SHERIFF'S OFF ( ) OTHER ( ) SEE REMARKS 16.HOW SERVED: PERSONAL ( ) 1.Q; 'f <p P 1'\ K ,J '\!\23. Advance Costs 'Ii; 100.00 4. Foreign County Costs 35. Advance Costs 36. Service Costs lOth 00 44. Signature ?f 45. Signature of York County Sheriff William M. Hose 46. Signature of Foreign Coun Sheriff 47.D~ 48. Date /...ir 5/10/00 49. Date 51.oa1e Received 4. BLUE ~ Sheriff's Office '-""~' .,: -of / COUNty or yb8K OFFICE OF THE SHERIFF SERVICE CALL (717) 771-9601 , 28 EAST MARKET ST.. YORK,PA 17401 INSTRUCTIONS SHERIFF SERVICE PLEASE TYPE ONLY LINES 1 TO 12 PROCESS RECEIPT, and AFFIDAVIT OF RETURN DO NOT'DETACH ANY COPIES. 1. PLAINTIFFlSI 2. COURT NUMBER "lI-.U'H <-lVJ.-'- Michael Laughman, et. al. , , 4. TYPE OFWRIT OR COMPLAINT 3. DEFENDANTIS/ W::it of Summons Redelopment Auth. of Cumberland" CQ., et.. "l. SERVE . 5, NAME OF INDIVIDUAL:-COMPANY, CORPORATION~ ETC. TO_ SERVE OR -DESCA1~CMO _ PFiO~RTI' TO _BE [EVfED, AlTACREn, '"OR_SOLD. . Daniel Haas, t/a/d/b/a Haas Constru~ticn__ Services 6. ADDRESS (STREET OR RFD WITH BOX N_UM6ER._8.PT NO.. CITY, BORC, I Wl~, S IAII::. AND ZIP GUD!::___ - AT ': 17 r.ew1sberry Road, New Cumberland; PA 17070 7. INDICATE SERVICE: ' _0 PERSONAL a PERSON IN CHARGE . tr DEPu:nzEt.: Urt'O'tEl'iT. MA1L-' o 1 ST CLASS MAIL o POSTED o OTHER -- " , ' ! 17 100 ,19~,J;!:!Iill!FF OEIii6FiK~.9~!'f!Y, PA,<i2J:!~.!?y_deputize the sl1eriff of Y'h';" tc- ' COUNTY to execute this Writ and make return thereof according te;>> law. Thl$ deputation being made at the request and risk of the plaintiff. S_HERIFF OF _ 4_~i '~OUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEtiiTiNG SERVICE: - - - - C urn be r Ian ri .... OCT OF OOUN1'Y CUMBERLAND '-:C - - . NOW ADVANCE FEE PAID BY CmmERL!\ND COUNTY SHERIFF ,~ NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.S. WAIVER OF WATCHMAN. Any deputy sheriff levying upon or attac-hin-g ~my-property urlder within wrll may leave same without ~_ wat~hman. In custody of whomever Is found in possession, alter notifying person of levy or allachment, without liability on the part of suctL~eputy or fh~ sheriff to any plaintiff herein for any loss, destruction. or removal of any property before sheriff's sale thereof 9. TYPE NAME ANDj\DDF\~SS,9' ATTORNEY/OI!!(ijfoU\TOR~d S'GNATUI'E MarCUS A~ MCl<.n~ght, llI, I::sq..~ .- 60 W. pomrret St., Car1is1e,.PA 17013 ~,' (717) 249-2353 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to,be mailed). Cumb~r1and County Sheriff 10. TELEPHONE NUMBER 11. DATE FilED 4/'3/00 p .::::- RUS H I NAru F J. Ludl1t.ig HERI F ONLY ~ DO NOT WRITE BEL W HIS LI U-fH I - t" ." . 14. Date Received 15. ExplrationlHearing Date r~--'_ <;/19/00 5/13/00 13. I acknowle.dge ree;elpt of the writ or complaint as in.dicated above. 16. HOW SE~VED: PEASDNAL ( ) RESIDENCE '- POSTED ( POEI SHERIFFS OFF ( r OTHER ( I SEE R~ARKS (See remarks below.) 19. Date_ of Service 20. Time or Service 'II'."P Miles, Int. , . ---- ,~ . "!! 7 .~- '''\ '<;; -, 41. AFFIAM~b- and subscrihed-to-ttetore'me tl:tls C-.- ->J '" 42. day of . ~.aV -~10th <, 44. jgnatytt~f .4".~?~ -r::~ /_A ....; yp-;:.','-V--YfrL<...... - - Y' ~ 47.D~,-,/ '://~.,; 48. Date .~ - -<3. L 5/10/00 49. Date Y 51. Date Received 1. WHITE - Issuing Authority 2. PINK - Attorney 4: BLU~-",Sberiff;s-OffJce_ ,~- " ' , j:;~_ \ '- '" r' ""_ '- .Il ._ , ' , ( , ... ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA MICHAEL L. LAUGHMAN and WENONA LAUGHMAN, Plaintiffs CIVIL ACTION - LAW No, 00-2361 Civil Term v. REDEVELOPMENT AUTHORITY OF CUMBERLAND COUNTY, DANIEL HAAS, t/d/b/a HAAS CONSTRUCTION SERVICE and HARVEY B, LANDIS, Defendants ENTRY OF APPEARANCE To Prothonotary: Please enter my appearance on behalfofthe Defendant, HARVEY B. LANDIS, in the above- captioned matter. Respectfully submitted, Dated: ;[""'f '7, '2..000 ~~ Attorney ill No, 57976 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717) 249-5373 F:\User Folder\Firm Docs\GendocsZOOO\1667-1praecipe,app,wpd "" , " , J:1' , , ....- CERTIFICATE OF SERVICE AND NOW, this ,,,,,, day of June, 2000, I, Michaell Hanft, Esquire, hereby certifY that I have this day served the following persons with a copy of the foregoing Praecipe for Entry of Appearance, by first class, United States Mail, postage pre-paid, addressed as follows: Marcus A. McKnight, III, Esquire IRWIN McKNIGHT & HUGHES West Pomfret Professional Building 60 West Pomfret Street Carlisle, PA 17013-3222 Christopher C. Houston, Esquire Redevelopment Authority of Cumberland County 114 North Hanover Street, Suite 104 Carlisle, PA 17013 Mr. Daniel Haas Haas Construction Services, Inc, 717 Lewisberry Road New Cumberland, P A 17070 ichael J. Hanft, squire Attorney ID No, 57976 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717) 249-5373 l~liMirl~IBiIllli!.l~I;lIi-IW]I~T;t;!l6il>i">llS...,~~!Il!!Oi!Jl_~~~'i:;'f",*,~~jliil)~_dlii_ilIIIiIiIIIiI '~ ~,-> " "~_',"<~, J,=~^" .~ ',^~_ 1*, ^ "__ ,_ " "~ _ ,,=. "" _ o~ __ ""''''''''IIir'''''' - ~_. ,~, =- "~, tlill" I' j I ,I ii " Ii I 'I 'I I I I .-1 .) C) 0 0 c: 0 ....n <t' '- :~ rRW c: r1 -; f9. ;;:e Z::c I -,-1.,n Z:C (~crl ~"'\; CO /~ ':'Ie> !;2CJ "" ~-r--r, ---"-,1 ~O :3: Q(") -0 Om PC: ~ ~ C> ~ tl' ".. -. ' , ' , ~~ . '" ,,-,,' MICHAEL L, LAUGHMAN and WENONA LAUGHMAN, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO, 00-2361 CIVIL TERM v REDEVELOPMENT AUTHORITY OF CUMBERLAND COUNTY, DANIEL HAAS, t/d/b/a HAAS CONSTRUCTION SERVICE and HARVEY B. LANDIS, Defendants PRAECIPE TO THE PROTHONOTARY: Pursuant to Pa,R.C.P. 1037, please enter a Rule upon the Plaintiffs to file a Complaint in the above- captioned matter. Date: <-f(~()(~ ;?J!(- Christopher C. Houston, Esquire Attorney for Defendant Redevelopment Authority of Cumberland County 114 North Hanover Street Carlisle, PA 17013 717-249-0789 RULE To: Michael Laughman and Wenona Laughman You are hereby directed to file a complaint within twenty (20) days after service of this Rule. If you fail to file a complaint within this time period, you may suffer a judgment of non pros. Pm'h<>oo"~ ~ Ii/d,.%; ~ Date:,l)pll ; { ..:JI"> , 2000 IlWliIIilial;l,j,J"lit\IIl6!l1~i!l~[fo]iu!fJl;ili;ii!"l<lol_m1~~t&i!<;;.."&Lllibt!0ulli~_cliIIlI;j,.~ ,~ ,J ~", "OJ ," "Cc ~,__ '," -":'-"',,"'" it"""'"' r t' ~.........,"""",,,,,~ "_...w..1d ~" ,--" h __ ~~ 'N ~ '~i '1'1 (! 0 c::; () C c> --.-1 ;;1>'" -ocr -,-; rnj'T' -' Z -,.,.) , "J 2..:f" ~~f-: (:::J ~- c-:) '-0 ' ~', 5>r:- .- ;~ '.> b(~. ~ ~':;.. r'i'1 );c...c ....--'. oS :::;; ::::l ';:q -< r0 -< . ~, ~ __ _ ~ c - :t! L " MICHAEL L. LAUGHMAN and : IN THE COURT OF COMMON PLEAS OF WENONA LAUGHMAN, PLAINTIFFS : CUMBERLAND COUNTY, PENNSYLVANIA v. CNIL ACTION - LAW REDEVELOPMENT AUTHORITY OF NO, 00-2361 CNIL TERM CUMBERLAND COUNTY, DANIEL HAAS, tJd/b/a HAAS CONSTRUCTION SERVICE and HARVEY B. LANDIS, DEFENDANTS PRAECIPE TO ENTER APPEARANCE Kindly enter the appearance of Stephen A. Miller, Esquire and Louis J, Capozzi, Jr., Esquire, on behalf of Defendant, Daniel Haas tJd/b/a Haas Construction Service in the above- captioned matter. ~_.~ . Miller, Esqmre Attorney lD, No,: 76600 Louis J. Capozzi, Jr., Esquire Attorney I,D. No.: 46559 CAPOZZI & ASSOCIATES, P,C. 3109 North Front Street Harrisburg, P A 17110 (717) 233-4101 " -, ,-" f ~ MICHAEL L. LAUGHMAN and : IN THE COURT OF COMMON PLEAS OF WENONA LAUGHMAN, PLAINTIFFS : CUMBERLAND COUNTY, PENNSYL VANIA v. CML ACTION - LAW REDEVELOPMENT AUTHORITY OF NO, 00-2361 CIVIL TERM CUMBERLAND COUNTY, DANIEL HAAS, tJd/b/a HAAS CONSTRUCTION SERVICE and HARVEY B. LANDIS, DEFENDANTS CERTIFICATE OF SERVICE I hereby certify that I have this 31 day of document upon all parties of record in this proceeding' 33.32 (relating to service by a participant). served the foregoing accordance with the requirements of ~ ,Christopher C. Houston, Esquire Redevelopment Authority of Cumberland County 114 North Hanover Street, Ste 104 Carlisle, PA 17013 Mr. Harvey B. Landis 10 Mill Road Shermans Dale, P A 17090 Marcus A. McKnight, Esquire 60 West Pomftet Street Carlisle, P A 17013 Respectfully submitted, ~ Attomey J.D. No.: 76600 3109 North Front Street Harrisburg, PA 17110 (717) 233-4101 if~~~llI1iiiIIil:.IIIIWRIii~"~~'''''''''IiI'iRUilllil.:i;!i''j~l!l!til!l'~-"~JI ""~,~~,,^,, ,^, ,'~ '--~- ""'" ~, ,<,' ~'IiiIIiIii_-" ",,, " ,'. '-'-"""""'-i""""'~ .I'~ o c.;:; < -oc_~) rl'l('; : ~e~ ~e~; :E:n ZCi yc: Z ::<i. (:,:"l ':::J 1f4, ~ ""I i J'::ll" en I ~ ;, :--~ " v ,~) ,_L, , '~:=:I ;~ .';--; ',:;C) (51n -I ~, :Q ""-',:1 ~- r...;,? ~ " ~, I MICHAEL LAUGHMAN and WENONA LAUGHMAN, PLAINTIFFS : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. NO.CO'~~( CIVILTERM REDEVELOPMENT AUTHORITY OF CUMBERLAND COUNTY, DANIEL HAAS, tJa/dlb/a HAAS CONSTRUCTION SERVICES and HARVEY B. LANDIS, DEFENDANTS PRAECIPE FOR A WRIT OF SUMMONS TO CURTIS R. LONG, PROTHONOTARY: Please enter my appearance on behalf of the Plaintiffs and issue a Writ of Summons against the defendants Redevelopment Authority of Cumberland County, Daniel Haas, t/aIdlb/a Haas Construction Services and Harvey B- Landis. Please direct the Sheriffto serve the defendants as follows: REDEVLOPMENT AUTHORITY OF CUMBERLAND COUNTY 114 NORTH HANOVER STREET CARLISLE, PA 17013 DANIEL HAAS tJa/dlb/a HAAS CONSTRUCTION SERVICES 717 LEWISBERRY ROAD NEW CUMBERLAND, PA 17070 HARVEY B. LANDIS 10 MILL ROAD SHERMANS DALE, P A 17090 By: Respectfully submitted, ~ M.~ ..~, ,'M'"" 60 West Pomfret Street, Carlisle, PA 17013 (717) 249-2353 - Supreme Court LD. No: 25476 Date: April 13, 2000 To: REDEVELOPMENT AUTHORITY OF CUMBERLAND COUNTY, DANIEL HAAS tJa/dlb/a HAAS CONSTRUCTION SERVICES AND HARVEY B. LANDIS You are hereby notified that Michael Langhman and Wenona Langhman, the plaintiffs, have commenced an action against you which you are required to defend or a default judgment may be entered against you. Date: J.j //3 /.rj IL---j,.:, y i2 ~ I PROTHONOT 4Ja--...rL ,P 7?2C1?~ ~ DEPUTY By:----..... .2000 ~,~ -"" . rji-~'~~-ntJ~rl~11JJ1]_"~,,, .,_,Jfl __ <,rr ~~ ". -" ~--" ~', ,'_TO' ' ~, ",' ,-", ~ ," , 0 0 Cl ~ c::;; -~ ~ v fr: " , fTl "~I :::::.J ;Z /~C U) "':- C,,:- --< ;:::- r- '-- S; C' "::7 s;: 0 " C ;Z ":"'" =< ,u CD :< ," ,~ ~ - - '. ,c,,. PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court, CAPTION OF CASE (entire caption must be stated in full) MICHAEL L, LAUGHMAN and WENONA LAUGHMAN, (Plaintiff) vs, REDEVELOPMENT AUTHORITY OF CUMBERLAND COUNTY, DANIEL HAAS, t/d/b/a HAAS CONSTRUCTION SERVICE, and HARVEY B, LANDIS, (Defendant) No, 00-2361 Civil Term 1, State matter to be argued (i,e" plaintiff's motion for new trial, defendant's demurrer to complaint, etc,): Preliminary Objection of Defendant, Redevelopment Authority of Cumberland County 2, Identify counsel who will argue case: (a) for plaintiff: Address: Marcus A, McKnight, III, 60 West Pomfret Street Carlisle, PA 17013 Esquire (b) for defendant: Address: Christopher C, Houston, Esquire 114 North Hanover Street Carlisle, PA 17013 3 , I will notify all parties this case has been listed in writing within two days that for argument, 4 , Argument Court Date: July 26, 2000 Dated: :p r ib.f ~MO / , Houston, Esquire Attorney for Defendant Redevelopment Authority of Cumberland County (717)249-0789 11~IIilM~~lliiIijiiliim&!~~lWfMd~~~~ill&iL"'-~I"'~lJ!iilliili~ .'I!!O,U), '.. _"'<'__ _ o,~~, ,fi _< " ,,' ~ ,<,., '0_ ~'~ ,~" ~ '-~ ~ ~ ,-~ ^ .~'--"" ~ .''"itliM.ilfiJ ~~ (') !i; :-05:; qJrn :t!'" co!;;'" =='<.:' r-' c-' ~~ <{j 5i:8 <- =:< . 9.J i'\) <:::> " 1.",- CJ o 2::: .""'" I 0-, .h. -". - Q '1 :;;::! i:O;'1::JJ r>. :-~",'f27 :}.J,-" !>.::<J.., ,:C'-r-; Cj,:!J ~C Orr! ;g '" . ""~~ ^"ox ^ c_ , . -. ...... MICHAEL L LAUGHMAN and WENONA LAUGHMAN, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v : NO. 00-2361 CIVIL TERM REDEVELOPMENT AUTHORITY OF CUMBERLAND COUNTY, DANIEL HAAS, tld/b/a HAAS CONSTRUCTION SERVICE, and HARVEY B. LANDIS, Defendants PRELIMINARY OBJECTION OF REDEVELOPMENT AUTHORITY OF CUMBERLAND COUNTY AND NOW, comes the Defendant, Redevelopment Authority of Cumberland County (hereinafter the "Redevelopment Authority"), by and through its attorney, Christopher C, Houston, Esquire, who makes the following Preliminary Objection to the Complaint: DEMURRER - FAILURE TO STATE A CAUSE OF ACTION UPON WHICH RELIEF CAN BE GRANTED 1 Count I of Plaintiffs' Complaint alleges that an agreement was entered into between the Plaintiffs and Redevelopment Authority for rehabilitation work on the property owned by the Plaintiffs, with a copy of the Agreement being attached to the Complaint as Exhibit "A" (hereinafter the "Construction Contract"), 2 The Plaintiffs allege that the Redevelopment Authority has breached the terms of the Construction Contract - ,~ . ~ '" -" --" ~,' f . ........ 3 The parties to the Construction Contract are the Plaintiffs and Defendant Haas Construction and not the Redevelopment Authority. 4 If the Plaintiffs' Complaint against the Redevelopment Authority for the alleged defective workmanship of Defendant Haas Construction is based on an oral contract and not the Construction Contract, the terms for said oral contract are not set forth in the Complaint. 5 The Plaintiffs have failed to plead and identify the terms of any contract by and between the Redevelopment Authority and the Plaintiffs for the work performed by the contractor, Harvey B. Landis, 6 No consideration has been given by Plaintiffs to the Redevelopment Authority for construction services performed by the Defendants, Haas Construction or Harvey B. Landis. 7 Plaintiffs have alleged that Daniel Haas and Harvey B. Landis are agents of the Redevelopment Authority, but have failed to set forth the authority of either Daniel Haas or Harvey B. Landis to act on behalf of the Redevelopment Authority or how their acts fall within the scope of any authority or; if unauthorized, were ratified by the Redevelopment Authority, 8 The allegations of an agency relationship between the Redevelopment Authority and i.... '"-" ~ _L " . '- Defendant Haas Construction are contrary to the clear language of the Construction Contract, which identifies the Redevelopment Authority as escrowee on behalf of the County of Cumberland, and only as such, 9 In the alternative, and assuming arguendo that the Defendant Harvey B, Landis is an agent of the Redevelopment Authority, as set forth in Paragraph 5 herein, there is no contract between the Redevelopment Authority and the Plaintiffs for any work performed by Harvey B, Landis, nor is there any contract alleged between the Plaintiffs and Harvey B. Landis, upon which the Redevelopment Authority, as a principal, would be responsible for. 10 The Plaintiffs have failed to set forth facts constituting a cause of action for breach of contract WHEREFORE, Plaintiffs' Complaint fails to state facts constituting a cause of action against the Redevelopment Authority of Cumberland County and, therefore, Defendant Redevelopment Authority requests this Honorable Court to dismiss Count I of Plaintiffs' Complaint with prejudice, Respectfully submitted, ristopher C, Houston, Esquire Attorney for Defendant - Redevelopment Authority of Cumberland County 114 North Hanover Street Carlisle, PA 17013 717 -249-0789 , i." .. MICHAEL L. LAUGHMAN and WENONA LAUGHMAN, Plaintiffs v REDEVELOPMENT AUTHORITY OF CUMBERLAND COUNTY, DANIEL HAAS, tJd/b/a HAAS CONSTRUCTION SERVICE, and HARVEY B. LANDIS, Defendants ,-,,-'-. hi" - --'-' ~ j', : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO, 00-2361 CIVIL TERM CERTIFICATE OF SERVICE I, Christopher C. Houston, Esquire, hereby certify that on this date I served the foregoing Preliminary Objections by first class mail, postage prepaid, upon the following: Marcus A McKnight, III, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013 Daniel Haas Haas Construction Services, Inc, 717 Lewisberry Road New Cumberland, PA 17070 Michael J, Hanft, Esquire 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013 Date: 6// r / )..O(}(J / I F:\Houston\LAUGHMPO.WPD C ristopher ,Houston, Esquire Attorney for Defendant - Redevelopment Authority of Cumberland County 114 North Hanover Street Carlisle, PA 17013 717 -249-0789 'l~iIillIiI~IWilM__~ill:l!ka;ii~~i'-{IIlW~lllii>"l~l;;i@Mi<Hm.~"'&iji,_!..-~~~~iiiI. ~~"' IltiililU~ ~~- -,<=.""",",-. --, ~~'!.."'~~b~lilIIJ~dlIiIlIIl lJ " ..-- of'J 0 C C} C C:;:;. -, $: L '1J en ,,-- no [!,! :J;: -, Z S~ , z ."-, IT! (f) ,~ L'--' .-' -z :z.: ,) , ~C CJ "'" , , P. -..---; ZC> - (-) --..C Pc: () n-, Z --j '):::;0 -l ~ -< 0 -< !,J!1ll"UJUIII_IIJi ,,,,,"=!!!!!I!iJ1J),,,,, ","" " ,"'" , ,,. ~, ,~, "~ ',~~' ~ ~ r ", ' ~ " I ,,~ ,,' -.'-" ---"- ""=-:'~- MICHAEL L. LAUGHMAN AND WENONA LAUGHMAN, PLAINTIFFS : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. REDEVELOPMENT AUTHORITY OF CUMBERLAND COUNTY, DANIEL HAAS tld/b/a HAAS CONSTRUCTION SERVICE and HARVEY B. LANDIS, DEFENDANTS : 00-2361 CIVIL TERM IN RE: PRELIMINARY OBJECTIONS OF DEFENDANT REDEVELOPMENT AUTHORITY OF CUMBERLAND COUNTY TO PLAINTIFFS' COMPLAINT BEFORE BAYLEY. J. AND HESS. J. ORDER OF COURT AND NOW, this '5 day of August, 2000, the preliminary objections of defendant, Redevelopment Authority of Cumberland County, to plaintiffs' complaint, ARE SUSTAINED. Plaintiffs' complaint against the Redevelopment Authority of Cumberland County, IS DISMISSED. ~ Ed,.. B. Bnyley, J . ,00 lo? ,I>'" ~ / . .. ,,~ ~ , - 'rLEJ).OH'\SE OF 'I': :!, ;:CL~11-{)0\OTARY 00 t\UG \ b ~l'\ \0: \ 3 CU~I\f:lf:PLi'ND COUNTY , ,PENNS'ILVANIA ,"!l~= '-_!'-~'~ ~ .", ^ . ~"r" ". ~ ~, ~--~ ~~~J@t~~~~n!.~ 'c_,'iI!~~ ~#_$I'llrffl,'!\ll!lI!lIll!!~ .~l'I, ,"'7,~J.)I~ 00-2361 CIVIL TERM Marcus A. McKnight, III, Esquire For Plaintiffs Christopher C. Houston, Esquire For Redevelopment Authority of Cumberland County Michael J. Hanft, Esquire For Harvey B. Landis Stephen A. Miller, Esquire For Daniel Haas tld/b/a Haas Construction Service :saa - , '-N .-,.,.-," ^_c, 'r MICHAEL L. LAUGHMAN AND WENONA LAUGHMAN, PLAINTIFFS : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. REDEVELOPMENT AUTHORITY OF CUMBERLAND COUNTY, DANIEL HAAS tld/b/a HAAS CONSTRUCTION SERVICE and HARVEY B. LANDIS, DEFENDANTS : 00-2361 CIVIL TERM IN RE: PRELIMINARY OBJECTIONS OF DEFENDANT REDEVELOPMENT AUTHORITY OF CUMBERLAND COUNTY TO PLAINTIFFS' COMPLAINT BEFORE BAYLEY. J. AND HESS. J. OPINION AND ORDER OF COURT Bayley,J., August 15,2000:-- Plaintiffs, Michael L. Laughman and Wenona Laughman, entered this suit against defendants, Redevelopment Authority of Cumberland County, Donald Haas, tld/b/a Haas Construction Service, and Harvey B. Landis. The Redevelopment Authority filed a preliminary objection in the form of a demurrer to the complaint. The Authority maintains that plaintiffs have failed to state a cause of action upon which relief can be granted. In their complaint, plaintiffs seek $9,737 in damages against the Redevelopment Authority upon the following averments: .< ,-~. ~.. --.- ,,_,-" ,.,,>,- 0'_. Co' -, , , ,- " <'0' :;'j:; 00-2361 CIVIL TERM 5. The plaintiffs entered into an agreement with the Redevelopment Authority of Cumberland County on or about November of 1995 for the rehabilitation of the property located at 110 West Enola Drive in East Pennsboro Township, Cumberland County, Pennsylvania. A copy of the written agreement is attached hereto and made a part of this Complaint and is marked as Exhibit 'A.' 6. Through a biding process, the Redevelopment Authority of Cumberland County secured the services of Haas Construction Services owned by the defendant, Daniel Haas. 7. The Redevelopment Authority of Cumberland County was required to supervise the work on the project which proceeded into 1996. 8. The work performed by Haas Construction Services was inadequate, not performed in a workmanlike manner, and not consistent with the construction speCifications. 9. The plaintiffs discovered that although a building permit had been acquired from East Pennsboro Township, the required inspections had never been arranged by the defendant, Redevelopment Authority of Cumberland County, with East Pennsboro Township. A copy of a letter dated February 11, 1999, is attached hereto and marked as Exhibit 'B.' 10. After complaints by the plaintiffs to the defendant, Redevelopment Authority of Cumberland County, a second contractor, Harvey B. Landis, was hired to repair the work not properly performed by defendant, Daniel Haas. 11. The attempts to repair the work of the first contractor by HaNey B. Landis, were inadequate and were completed in a poor workmanlike manner. ... 13. The defendant, Redevelopment Authority of Cumberland County, has breached its Agreement with the plaintiffs: a. To adequately supervise, inspect, and direct the work of the contractors, Daniel Haas, t1d/b/a Haas Construction Services, and Harvey B. Landis; b. The defendant, Redevelopment Authority of Cumberland County, also failed to make certain that inspections were performed by East Pennsboro Township; and c. The defendant failed to provide qualified contractors who could provide adequate construction for the work at the home of plaintiffs in a workmanlike manner. -2- ,--~ ~ ,._-~- '~ --"~ ", ,~",,-,-- .," , ...,' 1i:'~ 00-2361 CIVIL TERM 14. Defendant, Harvey B. Landis, has refused to correct his work and asserts that he worked on behalf of the defendant , Redevelopment Authority of Cumberland County. . . . 15. The defendant, Redevelopment Authority of Cumberland County secured the services of Daniel Haas and Harvey B. Landis who served as agents of the Redevelopment Authority of Cumberland County. (Emphasis added.) Initially, plaintiffs maintain they have stated a cause of action against the Redevelopment Authority for damages resulting from the failure of Haas Construction to perform the construction on their property in a workmanlike manner. The documents incorporated into paragraph 5 of the complaint as Exhibit "A" are the (1) construction contract entered into between plaintiffs and Haas Construction, and (2) the Housing Rehabilitation Program Contract V-1. The Redevelopment Authority, as set forth in the Program Contract, provided a grant to plaintiffs for the rehabilitation of their home. The plaintiffs were then authorized to enter into a construction contract that was bid by the Redevelopment Authority and awarded to Haas Construction. The construction contract between plaintiffs and Haas Construction provides that "The Owner hereby engages the Contractor to perform the services and supply the material hereunder set forth," and "The Contractor shall perform all of the services and furnish all of the material necessary to make the improvement described in the Contract for the aforesaid premises," and the contractor "Guarant[ies] the work performed for a period of one year from the date of final acceptance for all work required by the Agreement." The Program Contract provides that the contractor shall "perform all work in conformance with applicable local codes and requirements," and "Repair and/or replace all defective -3- .' - - -, "- ^~ - - i. -~ -, -'," i( 00-2361 CIVIL TERM materials or craftsmanship for a period of one year from the date of final acceptance of all work required by the agreement." The responsibilities of the Redevelopment Authority are set forth as: a.) The Redevelopment Authority shall act as the BoroughlTownship Agent for program contracts and information, for rehabilitation work write-ups, and progress payment inspections. b.) The Redevelopment Authority may conduct pre-bid qualification checks of potential bidders which would satisfy the requirement of checking the three previous jobs. c.) The Redevelopment Authority staff shall have the power to initiate change orders amounting to fifteen per cent [sic] or less of the bid price. From the pleadings it is clear that plaintiffs received a grant from the Redevelopment Authority which was used to pay Haas Construction for the repair of their home. We agree with the Authority that plaintiffs have not pled facts in support of their claim that "The defendant, Redevelopment Authority of Cumberland County has breached its Agreement with them." See Electron Energy Corporation v. Short, 408 Pa. Super. 563 (1991). The terms of the Housing Rehabilitation Program Contract V-1 do not subject the Authority to damages for any claim that plaintiffs may have against Haas Construction for its lack of workmanship in completing the contract that plaintiffs entered into with that company. Plaintiffs further maintain they have stated a cause of action against the Redevelopment Authority for damages resulting from the failure of Harvey B. Landis to perform repairs at their home in a workmanlike manner. Although here the construction contract is alleged to have been between the Authority and Landis, as in their complaint -4- ~- ,. -" .. ,-.' _ -'~_}' .>,' 'oJ.<-', ____ .r" . " '-~':: 00-2361 CIVIL TERM against Haas Construction plaintiffs have not pled facts to support their claim that the Redevelopment Authority breached its agreement with them with respect to the Housing Rehabilitation Program contact V-1 such as would make the Authority responsible to them for more than the grant they received. Lastly, plaintiffs, without any specifics, have pleaded that Haas Construction and Harvey B. Landis served as agents for the Redevelopment Authority with respect to the work performed on their home. Agency is a relationship which results from the manifestation of consent by one person to another that the other shall act on his behalf and subject to his control, and consent by the other so to act. Chalupiak v. Stahlman, 368 Pa. 83 (1951). In Alumni Association v. Sullivan, 369 Pa. Super. 596 (1987), the Superior Court of Pennsylvania stated: While it is unnecessary to plead all the various details of an alleged agency relationship, a complainant must allege, as a minimum, facts which: (1) identify the agent by name or appropriate description; and (2) set forth the agent's authority, and how the tortious acts of the agent either fall within the scope of that authority, or, if unauthorized, were ratified by the principal. (Emphasis added.) All that plaintiffs have pleaded is that the Redevelopment Authority "secured the services of Daniel Haas and Harvey B. Landis who served as agents of the Redevelopment Authority of Cumberland County." This pleading is insufficient to support their claim that the Authority can be liable to them as a principal of Haas -5- ~~"_~_,~ r_ 00-2361 CIVIL TERM Construction and Landis.' For the foregoing reasons, the following order is entered. ORDER OF COURT AND NOW, this t< day of August, 2000, the preliminary objections of defendant, Redevelopment Authority of Cumberland County, to plaintiffs' complaint, ARE SUSTAINED. Plaintiffs' complaint against the Redevelopment Authority of Cumberland County, IS DISMISSED. By the Court, Marcus A. McKnight, III, Esquire For Plaintiffs Christopher C. Houston, Esquire For Redevelopment Authority of Cumberland County 1 As to plaintiffs averments that "Landis has refused to correct his work and asserts that he worked on behalf of the Redevelopment Authority," we note that in Spires et UX. v. Hanover Fire Insurance Company, 364 Pa. 52 (1950), the Supreme Court of Pennsylvania stated: To be a third party beneficiary entitled to recover on a contract. . . both parties to the contract must so intend and must indicate that intention in the contract; in other words, a promisor cannot be held liable to an alleged beneficiary of a contract unless the latter was within his contemplation at the time the contract was entered into and such liability was intentionally assumed by him in his undertaking; the obligation to the third party must be created, and must affirmatively appear in the contract itself. . .. (Citations omitted.) (Footnote omitted.) -6- ",. '.". 00-2361 CIVIL TERM Michael J. Hanft, Esquire For Harvey B. Landis Stephen A. Miller, Esquire For Daniel Haas tld/b/a Haas Construction Service :saa -7- '--".-'.- ~ '->..' " -- , 11'-' '_.' .~" I: